BISMILLAHIR RAHMANIR RAHIM BUILDING CONSTRUCTION TO REGISTRATION-A CRITICAL PATH WITH SOLUTION FOCUSING BUILDING CONSTRUCTION ACT AND REAL ESTATE LAW Introduction 1. The population of Bangladesh is expected to rise significantly, and with it is being generated the need for yet new buildings . To cope with the situation and in an effort to improve conditions, recently, the regulations for buildings in Bangladesh have undergone a revision. The new regulations may help limit densification, based on area of plot, access road width and other physical parameters. To limit density, specific Floor Area Ratio (FAR) values have been assigned for various site conditions and functions. It is asserted that these changed regulations will be instrumental in improving the environmental situation. This paper attempts to investigate/analyze the extent of improvement that the new regulations make possible( with particular reference to residential development. ) 2. In order to assess improvements, the situation in the immediate past is compared to the new one in terms of environmental aspects. For instance, setback needs in the past allowed buildings to occupy as much as 67% of site area, and there was no mandatory non-paved area for vegetation. The result was that almost the whole area could be hard-paved, and therefore there was a lack of any provision for water absorption, causing fast run-off and a consequent depletion in the water table. The new rules call for a specific percentage of mandatory green area for every site, addressing this concern. This in turn also affects heat absorption, temperature and humidity. 4. Building regulations are instrumental in shaping neighborhoods. In a city where land prices know almost no bounds The FINANCIAL EXPRESS (2008) Dhaka sees unprecedented rise in land price. daily newspaper – internet version. Home page. Dhaka. 17 May 2008. www.thefinancialexpress-bd.com accessed on 28 Jan 2010, owners want utilisation of as much of the land as possible to maximise returns from the land as rent or for selling. This paper discusses the changes in regulations and the factors which have implications on the environment. It also analyses possibilities that the new regulations offer towards making residential buildings more energy efficient and environment responsive. National Building Regulation of 1996 5. Building regulations were first introduced in Dhaka city CHARKRABORTY, P. (2008) The Building Construction Act and Rules. Law Book Pavillion. Dhaka. through the Building Construction Act 1952 which basically was amended with slight changes the latest of which was the National Building Regulation of 1996. This was enforced until the Bangladesh National Building Code (BNBC) was made mandatory through national legislation in 2006. The discussion in this section concentrates on regulations in the immediate past with focus on residential construction and those codes that affected the environment. Figure SEQ Figure \* ARABIC 1: Setbacks guided layouts – monotonous development – little scope for ventilation and daylight Set-backs guided layout (Figure1). There was no mention of any Floor Area Ratio (FAR) limitations. Therefore there was no limit on the density of built form, and this could be as high as the height restriction of any area permitted. Studies KAMRUZZAMAN, M. (2007) Potential of High Density Walk-up Apartments in Dhaka City. Research Report to the Architectural Institute of Japan (AIJ) during this situation show, with plot coverage of 67% average FAR was as high as 10.7. The concept of mandatory open space existed only as definitions of set-backs at the different sides of a building. The permitted set backs were as shown in Table 1. Table SEQ Table \* ARABIC 1: REAR AND SIDE SETBACK REGULATIONS FOR RESIDENTIAL SITES IN DHAKA Site Area Rear setback Side Setback Sites of 2 katha Katha is a Bengali unit of land measure approximately equal to 720 sft (67sqm) or less 1.5m Row houses possible Sites of 3 katha or less 1.5m 1.25m Sites of 4 katha or less 1.75m 1.25m Sites of 5 katha or less 2.5m 1.25m Sites greater than 5 kathas 3.0m 1.25m The general tendency was to build on all permissible land, and these setbacks resulted in narrow strips of land on the different sides of each building AHMED, Z.N. (1994) Assessment of Residential Sites in Dhaka with respect to Solar Radiation Gains, unpublished Ph. D. Thesis; De Montfort University; UK; ch2, unusable by the occupants (Figure1). As the plots are mainly arranged in a grid iron pattern, the setbacks on back to back plots caused narrow strips of ventilation paths to be set up, resulting in funnelling – this creates differential velocity of moving air hampering the entry of air to interior spaces, where it could have been beneficial to thermal comfort. 6. It was also not mandatory to keep green areas on site. 7. Therefore, it was often common to pave these open areas. This resulted in increasing the albedo of the open areas, causing them to overheat when exposed to solar radiation. 8. Another effect was that they decreased the absorption of water – this resulted in faster run-off of rain water and prevented recharge of the water table. These effects caused the water table to fall considerably, which has in turn made Dhaka face a water crisis, as its main source of supply water is through tube-well extraction. 9. It also resulted in the creation of flash floods even with short spells and scant amounts of rain. 10. Another of the drawbacks of the regulations was that it had no mechanism to check construction and verify that it had followed the authorised plan was not adequate. This encouraged unlawful construction and infringement of regulations MAHMUD, M.A (2007) Corruption in Plan Permission Process in RAJUK: A Study of Violations and Proposals. Transparency International, Bangladesh. Dhaka. Aug 2007 p6-7. Buildings were often found to encroach on the mandatory open spaces, not abiding to the minimum setback limits set by the law – thus denying neighbours their air and lighting rights. The Bangladesh National Building Code However, the environmental effects could not be denied, as discussed in the previous section and the Bangladesh National Building Code was made legal and binding in 2006, over-riding all previous building regulations. The new legislation named Dhaka Metropolitan Building Construction Act, has been subsequently amended in 2007 and 2008 and is presently legally binding for all building activity in and around Dhaka, and is referred to as the Dhaka Metropolitan Building Construction Act, 2008. Key features of this legislation, which was first put down as the Bangladesh National Building Code, are discussed in the next section. The Dhaka Metropolitan Building Construction Act, 2008 11. One of the key features of the new Dhaka Metropolitan Building Construction Act was to introduce the concept of floor area ratio or FAR – by which the density of settlements could be brought under control. To limit density, specific Floor Area Ratio (FAR) values have been assigned for various site conditions and functions. It is asserted that these changed regulations will be instrumental in improving the environmental situation of built areas and allow greater scope for passive design approaches aimed towards lowering energy consumption. 12. Another of the important changes that the new regulations brought about was a focus on providing for the safety of the occupants regarding fire hazards, strictly imposing regulations for the means of escape from a building and for access of fire trucks to all sides of the building on site. 13. Without the limitations of FAR, height restrictions imposed by the Civil Aviation Authorities, for safety related to flight paths, was the only control of density of built forms in many areas of Dhaka. Other than this, the RAJUK (Rajdhani Unnayan Kartripakhya) or Capitol Development Authority also stipulated certain height limitations for specific planned residential areas, like Dhanmondi R/A, where construction was limited to six storeys. The bar was removed on a few of the large circulation spines of the area, but not for plots bordering internal roads. Such restrictions were not imposed on informal residential areas, such as the areas neighbouring Dhanmondi, like Sukrabad or Sobhanbag. Thus in those areas, as long as the setbacks were maintained, buildings could go much higher. Similar was the case in the other formal residential areas of Gulshan and Banani. Densiites of these areas could therefore theoretically be quite high. Table 2 shows a comparison of density differences, among other key features affecting the environment, that the 2008 act allows in comparison with the 1996 regulations. Perhaps a significant improvement over the 1996 regulations is provided in the monitoring aspect of the new Act. It is stipulated that architects will have to provide signed ‘as-built’ drawings which can be verified after construction of any project. This will certainly go a long way in stemming unlawful construction – as these drawings will be legally binding. An example of the possibilities stemming from the consideration of FAR and other features of the new Act is given below. Buildable area: 13. For an example site of 12mX18m dimensions, the area is 216 m2, under the new rules, permissible FAR is 3.5. Leaving area from three sides the allowable buildable area is 150 m2. It comes 69.44% of the total area.But maximum ground coverage is 62.5%. Calculation of Floor Numbers 7. The Land size(12mX18m) is as shown below: 12m Land Area=12mX18m=216 m2 Clear Area=10mX15m(After deducting clear distance Ground Coverage=150/216=69.4%(From Chart Maximum Ground Coverage62.5%) FAR for 216 m2 area=3.5 FAR=Total floor Area/Plot Area So,Total floor Area=FARXPlot Area=3.5X216 So Total Floor area=756 m2 Total Land 216 m2 Area of One Floor 216X62.5%=135 m2 So Floor Number =756/135=5.6=G+6 Floor Benefits The case demonstrates that the amount of free ground area is considerably increased by the new rule. Therefore using the new FAR, this site can get 3122 sft or 52.77% as open space. This is a considerable improvement in terms of the ratio of open:builtup space of previous rules. The larger open space consolidates the green into a more usable and defined shape. Another improvement in the new rules is the variation that it encourages in the texture of the area (Figure 2). Any number of possibilities are presented, compared to the monotonous setting of the past. Within the limits of the allowable buildable area, different clients will have different preferences – some will require more area per floor, some many opt for more floors and hence apartments for renting or selling and so on. So instead of the monotonous development pattern of the past, the new regulations allow and encourage variations. For this particular site the options were: 3143sft 8 storey buildings beside 2794 sft nine storey buildings alongside 3500 sft 7 storey buildings. Figure SEQ Figure \* ARABIC 2: Variations possible under 2008 rules – ground coverage yields usable open spaces Moreover, the ground area can be further increased by varying floor coverage, having less area on the lower floors and adding the saved area to the higher floors, by cantilevering, thus keeping even more of the ground free – provided the set-backs are not violated and one keeps within the permitted FAR and height limits. An additional stipulation within the new rules states that half of this mandatory open space must be non-paved –leaving 20% green for recharging the ground water table. In general, with more open space to play with, some may have them in the front, some more privately at the back, while others may create introverted spaces. If the neighbouring walls are removed, the quality of space further improves. There is thus variation in height, in building-to-building spacing as well as on the street frontage in terms of the building massing and layout (Figure 2) – a thing that was getting increasingly rare in the way residential areas were developing under the previous regulations. The main principle is that since the allowable buildable area is fixed, there is no clear advantage in building on every available open area, as then the building will merely be lower. The landowner soon realises that the advantages of larger open spaces in terms of the environment created are far greater than occupying the entire ground area. Environmental impacts and Energy Efficiency The main impacts of the new Building Construction Act of 2008, on the physical, spatial and visual quality of future residential areas, have been highlighted in the above section. This section will discuss effects on the environment and how these will serve to improve performance of the built environment towards achieving energy efficiency. For the example site, Table2 highlights the key features of the Act with comments representing the changed situation. Density of Built Form One of the biggest changes that this new Act brings about is a change in the density of residential areas. The control is brought about through the Floor Area Ratio (FAR) stipulations, which are strictly adhered to during the issuance of planning permission. Density has direct impact Z.N. AHMED; G.S. ROY. (2007) Ventilation Potential: Examining the Effects of Growing Densification in the Tropics; proceedings International Seminar on Well Being Indoors: Clima 2007; Finland, 10-14 June 2007 on the solar radiation exposure. More open spaces in general increases the exposure – but with prior planning the exposed area can be oriented to face directions which will do the least damage to the resulting thermal condition. Density also impacts the wind flow potential of areas through the presence or absence of obstacles to the regional flow pattern. Excessive ground coverage is also responsible for low water absorption, lowering humidity and raising rain water runoffs. Table SEQ Table \* ARABIC 2: Comparison between 1996 and 2008 Building Construction Regulations on the environment of Residential Areas Features Old regulations New regulations Comments on new regulations Density of built form High – limitless for areas without height limitations Restricted according to FAR restrictions Improves ventilation potential of site’ Allows more consolidated open spaces Open area/covered area ratio 33% 40% This is referred to as mandatory open space – allows more consolidated open spaces Paved area/unpaved area Unspecified – hardly any unpaved 50% of mandatory open space Specifying unpaved areas allows rainwater to recharge the ground water table Prevents rainwater runoff and flooding Lowers air temperature and thermal comfort ventilation possibilities FAR Limitless – as high as 10.7 Limited to fixed values for function and site access – 4.25 in example Controls density and improves potential for thermal comfort ventilation Consolidates open spaces into usable spaces Building-building distance Based totally on setbacks Variable and high on certain sides – as long as min setbacks are not violated Improves thermal comfort ventilation potential Creates variation in built form Allows more consolidated open spaces Variation in development/ morphology Very low High potential Because FAR and ground coverage is regulated there is tremendous scope for different heights and spreads of buildings, resulting in diverse settlements. Ratio of open area to covered area The ratio of open area to covered area will determine the heat absorption of solar radiation and the consequent temperature regime of the site, especially as a significant portion of the open area needs to be unpaved. The more the green area the lower is the temperature escalation due to absorption, much of the heat in such cases is used in the biological processes of the vegetation. Another of the benefits of green areas is its ability to recharge the water table by allowing absorption of rain water. This is extremely important in Dhaka where the water table has been reported as falling steadily due to extraction and low absorption. Mandatory unpaved area Since there was no mandatory unpaved area in the previous rules, there was no need to provide for vegetation. Highly paved neighbourhoods therefore developed increasing heat absorption and reducing rainwater absorption. This had the two-pronged effect of raising the temperature, and making flash floods more likely due to rainwater runoffs. Under the new rules, the temperature and flash floods can be kept under control to a greater extent. Building to building distance The greater the building to building distance, the larger is the possibility of airflow through settlements. The new rules allow wider spacing, as ground coverage can be reduced. Varying building to building spacing, likewise, is more likely to permit variations in wind movement which can permeate the living spaces and create thermal comfort ventilation possibilities. Balcony/ verandah concessions Another of the new rules deals with getting concessions for balconies (which are defined as overhanging spaces with railings but no walls on three sides) – as opposed to verandahs (which are open on only one side). Such stipulations encourage spaces with greater indoor outdoor relationships than previously, with greater possibilities of indoor ventilation. Scope for further improvement The new Act of 2008 is now fully operational. There however remain a few issues where amendments may further improve environmental conditions. It is true that density is more controllable under the new Act. But to improve the usability of the open spaces which are now mandatorily kept unpaved, it is important to make some more changes, some of which are highlighted below. Permission for semi-detached housing – by allowing plots to share party walls – such as is prevalent in many countries of the World. Staggering plot layouts in new townships – this will improve the possibility of ventilation by utilising air funnels. Passive design strategies should be quantified and the Act should build in trade-offs with proportionate increased maximum buildable area if it can be demonstrated that passive solutions are lowering dependence on conventional energy sources. Environmental regulations for energy efficient options – building design should be encouraged to make use of renewable energy to supplement conventional energy usage. As this may involve additional initial installation costs, incentives from the Government may be needed as bonus. Some mandatory percentage of the buildings total energy consumption should be from renewable sources. As solar energy is an option, building integrated photovoltaics (BIPV) can be actively used. Green measures using available resources should also be stipulated for receiving trade-offs. Daylight use can be actively demonstrated through simulations to demonstrate reduced dependence on conventional energy during the day for lighting. Green measures like rainwater harvesting should also be encouraged – if dependence on the city’s water supply can be lowered, it improves liveability of the city, reduces dependence on energy for extraction, as well as prevents depletion of the water table. Green measures should also be taken to use and reuse resources within the building – like using grey water for gardening or cleaning Building materials with low embedded energy should be identified, grouped according to manufacturing energy as well as transportation energy, so that points can be gained for greener alternatives. Energy efficient appliances, like motion sensing lights, water taps, etc should be encouraged as fixtures to reduce wastage within the building. The codes should address these issues so that the resulting building activities can encompass greener options. The code should devise a system by which earned ‘greenness’ index can be developed which can be exchanged for tax or floor area benefits. and water conservation Conclusions – early to predict how the situation will change – but strict adherence to the rules as architect needs to vouch for the built product – more is expected in terms of shouldering responsibility – as the implementers will be required to validate their work after building – therefore more accountability – violations are likely to fall – overall improvement but more research is needed Cities have historically been seen as the antithesis of nature, intrinsically unnatural and destructive. DA08 Issue Summer 2008 Velux. P17 Beatley, T. Newman. P. Nature must become a central paart of future urban design programmes. Ciites must be deisgned for resilience – even if global emissions of greenhouse gases are substantially reduced, the effectrs of climate change will manifest themselves and be specially severe for cities – impacts range from heatwaves and droughts to extreme storms and rise in sea level. Building Construction Act- 2008 2. Taking into cognigence of Building Construction Act,1952 (Section 18) the Dhaka City Building Construction Act 2008 is introduced. a. Chapter 1. It mainly covers various definitions related to building construction b. Chapter 2. It mainly covers Procedure for approval of drawings, Building Permit and Occupancy Certificate c. Chapter 3. It mainly covers various Committee. d. Chapter 4. This Chapter covers list of technical persons and Categories e. Chapter 5. This Chapter Covers Building Construction Rules f. Chapter 6. Health and Security g. Chapter 7. Conservation, Preservation, Construction in Hilly, Forest and Water logged Area Building Construction Rules 3. Mandatory open space, Floor Area Ratio, Maximum Ground Coverage and set back from boundary are main focus of building Construction Rule. Floor Area Ratio Maximum Ground Coverage Set Back from Boundary Floor Area Ratio 4. F A R =  floor area                lot area In practice, this ratio is constant for a zone. A floor area ratio of 1.0 means that floor area may equal lot area. FAR 5.0 means that the floor area may be up to five times as large as the lot area; and FAR 0.5 that it may be no more than half the lot area. 5. Definition of Floor area ratio Calculation OF FAR 5. Formula for calculating FAR is quite Simple. “Total covered area of all floors divided by the plot area.” Floor area ratio = (total covered area on all floors of all buildings on a certain plot, Gross Floor Area) / (area of the plot). 6. Plot Area= 60 feetX100 Feet= 6000 Square feet Floor Area= 2100 Square Feet Floor area rato= 2100 Square feet/6000 Square feet So FAR=.35 Maximum Ground coverage   Building Height After determining the allowable buildable area, the Architect can then design the building to any height dividing the allowable 25143 sft by the permissible ground coverage of 3500 sft – allowing 7.1 floors in this case. But any combination that allows higher buildings with lower ground coverage is also permitted within the rules. The only limiting factor in such cases is the Civil Aviation regulations that deal with the flight path funnels that limit the building heights in various zones around the International Airport in Dhaka. This latter limitation for the example case was 150 ft above sea level, technically allowing a building of approximately 15 stories. The ground coverage in that case would be only 1676 sft. However considerations of appropriate size of residential apartments to permit renting or selling also sway the ultimate decision of height. Among other considerations within the Code are the more stringent provisions needed for buildings of 10 storeys and above. These include provision of two stairs as fire escapes which has to be provided within the permitted buildable area. Owners therefore tend to favour limiting construction to within 9 storeys. The combination of the considerations above led in the example case to a decision to build to 9 storeys, which led to ground coverage of 2794 sft. Moreover, there are some additional concessions that the owner gets for balconies and plantation areas. (FAR) (MGC) x [Type: A (A1-A5) : Bh¡¢pL h¡s£ J ®q¡­Vm] Measarment of Plot Class of Building (A1-A4) Residential House Sqm Katha Wide of road (Meter) FAR MGC (%) 134 sqm and below 02 Katha and below 6.0 3.15 67.5 134 to 201 sqm 02-03 Katha 6.0 3.35 65.0 201 to 268 sqm 03-04 Katha 6.0 3.50 62.5 268 to 335 sqm 04-05 Katha 6.0 3.50 62.5 Calculation of Floor Numbers 7. The Land size(12mX18m) is as shown below: 12m Land Area=12mX18m=216 m2 Clear Area=10mX15m(After deducting clear distance Ground Coverage=150/216=69.4%(From Chart Maximum Ground Coverage62.5%) FAR for 216 m2 area=3.5 FAR=Total floor Area/Plot Area So,Total floor Area=FARXPlot Area=3.5X216 So Total Floor area=756 m2 Total Land 216 m2 Area of One Floor 216X62.5%=135 m2 So Floor Number =756/135=5.6=G+6 Floor Construction Rule/ Illegal Construction 1. Definition in Gazette. “Approved drawing” means drawings of buildings or structures as per Law. 2. Construction Can be Done in Ground Floor. A guard room having area of 60 square feet can be constructed in front of plot with attached toilet, not more than 8 feet height. 3. Construction Can be Done in Roof. A water reservoir, stair room(maximum 7 feet) can be only constructed in roof and a machine room(Height 13 feet) can be only constructed for use of lift in the building. 4. Cantilever Veranda. 5. Construction beyond the Drawing. Actions Against Illegal Construction Real Estate Laws in Bangladesh For Buying/Selling 2.As you already know there are specific terms and conditions regarding buying and selling of any property and both parties must abide by them. So, let’s not bore with the things you know and focus on things that you may not be aware of generally. As per the contract, the buyer or seller cannot change the quoted price. However, the amount can be adjusted later if the parties mutually agree on using better materials for the property. Next, the developer must handover the property, registration and the principal deed in no more than three months. Also, during transfer, if the property has any deviation regarding the size or space, the price must be adjusted within three months of the handover. Therefore, next time when you buy a property, keep these things in mind. Regarding The Property Contract 3. For any transaction, there has to be a legal property contract. Again, this is also a common thing. So here are the important laws that you should know. Firstly, as a landlord, you will get a particular portion of the apartment building for your ownership. However, if you want to sell off the apartments of your share, you will have to execute a power of attorney and give the right to the developer to sell your part of the property. Then, as an owner of your new apartment, you are entitled to enjoy one year of the maintenance facility by the developer. Moreover, if there are any defects within two years after the handover, don’t worry. The developer must repair the damage from their pocket and cannot ask for your contribution as the owner. Drawings to be counter Signed by Developer 4. Except the approved drawing other associated architectural design, the structural design, Other building Services design and deeds to be Counter signed by the developer(Real Estate Development and Management Law 2010, Chapter Two,Para 6, Subpara 5). Real Estate Construction by Landowner 5. An individual or few people jointly can build Real Estate on his own land. The Real Estate Development and Management Law 2010 would be applicable for him/them also. Registration to Buyer (Real Estate Law) 6. Developer has to handover occupation and give registration to buyer within three months of paying total dues. 7. Developer can provide deed to buyer once power of attorney is given to developer by the landowner. 8. The landowner should give reqistration/provide deed within 15 days after getting written request from developer if developer is not given power of attorney. 9. Developer can provide deed to buyer if land owner does not provide the deed once requested by the developer. Preparation and Signing of Drawings 10. All drawings submitted for approval shall be prepared and signed by registered professionals as specified in Table 2.3.4 of Bangladesh National Building Code 2015(Final Draft),which shall be considered as equivalent to certifying that the drawing on which the signature appears conforms to all the requirement of the Bangladesh National Building Code. Registered Professionals shall put his or her signature with date on the title box of the drawing along with his name, address ,professional society membership number,registration number and any other information required by the concerned Building Official. 11. The drawing shall also contain the signature,name and address of the owner. 12. Subject to the classification and use of buildings,all drawings for approval and execution shall be prepared and signed by the registered professionals as per building category specified in Tables 2.3.3 and 2.3.4 corresponding to relevant work.