Tecno-Legal Provisions for Safer High-rise Apartment Construction in Nepal

Anjay Kumar Mishra; PS Aithal

Anjay Kumar Mishra Post Doctoral Research Scholar, Srinivas University, Mangalore, Karnataka, India and Associate Professor, Madan Bhandari Memorial Academy Nepal, Urlabari 3, Morang, Nepal. http://orcid.org/0000-0003-2803-4918
PS Aithal Professor, College of Management & Commerce, Srinivas University, Mangalore, Karnataka, India.

Abstract

The paper aims to review the techno-legal provisions for safer high rise appartment construction in Nepal. The review of existing acts, rules, directives, guidelines, byelaws, codes and other unpublished documents were done for the research using content analysis followed by expert consultation as it needs to be viewed in different technical aspects which need expertise of different fields. The major provisions of the building code for seismic safety of apartment buildings are defined in Nepal National Building Code (NBC) 105:1994 and
international codes are also used fulfilling the minimum requirements of the Nepal National Building Code as per NBC 000:1994. The architectural design parameters, fire fighting provisions, provisions of fire safety requirements are conformed as per the relevant NBC. At least eight government authorities are directly involved in the process of approval and building permit process. There is the provision of third party monitoring system also. Similarly the use approval to the earthquake damaged apartment is provided after repair, restore and retrofitting work according to the damage category and severity of the damages in structural and nonstructural members. For the effective compliance of the NBC and byelaws in apartments seismic safety of high rise buildings should be increased in NBC 105:1994 updating the seismic design parameters, building byelaws provisions should be updated for higher value of green open spaces, setbacks and access road. Effective coordination between all stakeholders and independent third party supervision and monitoring process should be done. For minimizing the issues raised by the neighbours after Gorkha Earthquake 2015, proper zoning for apartment construction, seismic vulnerability assessment of the existing apartments and Insurance of Neighbours of the apartments should be done. It is a review research to signify the role of NBC and bylaws for development of Nepal.

How to cite this article: Mishra AK, Aithal PS. Techno-Legal Provisions for Safer High-rise Apartment Construction in Nepal. J Adv Res Geo Sci Rem Sens 2021; 8(1): 16-46.

DOI: https://doi.org/10.24321/2349.7661.202102

References

1. Mishra AK. Development of building bye-laws in Nepal. J Adv Res Const Urban Arch. 2019; 4(3&4): 17-29.
2. Mishra AK, Bhattarai SK. Existing scenario of building code implementation in newly formed Nagarjuna
Municipality. Asian Journal of Science and Technology 2017; 8(11): 6751-62.
3. Regmi S, Mishra AK. Assessment of knowledge and awareness regarding MRT of NBC; a case of Tilottama
municipality, Nepal. International Journal of Research – Granthaalayah 2020; 8(07): 50-66.
4. Mishra AK, Thing R. Structural features for earthquake-resistant load-bearing residential buildings in Nepal. J
Adv Res Geo Sci Rem Sens 2019; 6(1): 1-16.
5. Mishra AK. Cost implications for the construction of earthquake resistant load bearing residential building.
J Adv Res Geo Sci Rem Sens. 2019; 6(3&4): 3-15.
6. DUDBC, 2015. Report of Rapid Visual Damage Assessment, Government of Nepal, Ministry of Urban Development, Department of Urban development and Building Construction, Kathmandu. Available from:
https://www.dudbc.gov.np/buildingcode.
7. DoK D. Present Status of Apartment building permit in Kathmandu Valley, Government of Nepal, Ministry
of urban Development, Department of Urban Development and Building Construction, Division Office
Kathmandu, Kathmandu. 2017. Available from: https://www.dudbc.gov.np.
8. DUDBC. NBC Implementation Status in Municipalities, Kathmandu: Government of Nepal, Ministry of Urban
Development, Department of Urban Development and Building construction. 2016. Available from: https://
www.dudbc.gov.np/buildingcode.
9. Mishra AK, Karmacharya G, Aithal PS. Compliance status of building bylaws and codes in high-rise apartment
buildings of Nepal. International Journal of Applied Engineering and Management Letters 2021; 5(1): 66-79.
10. Mishra AK, Shrestha A. Assessment of exit requirements for fire safety of commercial buildings, Kathmandu,
Nepal. International Journal of Emerging Technologies and Innovative Research 2017; 4(10): 248-55.
11. MoPPW. Building Act 1999. Kathmandu: Government of Nepal, Ministry of Physical Planning and Works. 1999.
12. Joshi SK. Status of Joint Housing Building Construction in Kathmandu Valley, Kathmandu: s.n. 2016.
13. MoUD. Joint Housing Building Construction Approval and Monitoring Work Procedure. Kathmandu:
Government of Nepal, Ministry of Urban Development, Department of Urban Development and Building
Construction. 2014.
14. MoUD. Nepal National Building Code NBC 105:1994, Seismic Design of Buildings in Nepal. Kathmandu:
Government of Nepal, Ministry of Urban Development, Department of Urban Development and Building
Construction. 1994.
15. MoPPW. Nepal National Building Code NBC 107:2003, Sanitary and Plumbing Design Requirement.
Kathmandu: Government of Nepal, Ministry of Physical Planning and Works. 2003.
16. KVTDC. Building Byelaws for Municipalities and Urbanising VDCs of Kathmandu Valley 2008. Kathmandu:
Government of Nepal, Ministry of Physical Planning and Works, Kathmandu Valley Town Development
Committe. 2008.
17. DDA. Unified Building Byelaws of Delhi. New Delhi: Government of India, Delhi Development Authority,
New Delhi, India. 2016.
18. BMC. Bangalore MahanagarPalika Building Byelaws. Bangalore: Government of India, Bangalore Municipal
Coorporation, Bangalore, India. 2003.
19. UDHD. Jharkhand Building Byelaws. Jharkhand: Government of India, Urban Development and Housing
Department, Jharkhand, India. 2015.