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Development of Building Bylaws in Nepal

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DOI: 10.24321/2456.9925.201904

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 Journal of Advanced Research in Construction and Urban Architecture
Volume 4, Issue 3 - 2019, Pg. No. 8-20
Peer Reviewed Journal
Research Article

Development of Building Bye-Laws in Nepal

Anjay Kumar Mishra
MIMA, Associate Professor, School of Engineering and Madan Bhandari Memorial Academy Nepal, Pokhara University.Research
Coordinator, United Technical College, Chitwan.
DOI: https://doi.org/10.24321/2456.9925.201904

I N F O A B S T R A C T

E-mail Id:
anjaymishra2000@gmail.com
Orcid Id:
https://orcid.org/0000-0003-2803-4918
How to cite this article:
Mishra AK. Development of Building Bye-Laws
in Nepal. J Adv Res Busi Law Tech Mgmt 2019;
4(3): 8-20.
Date of Submission: 2019-03-19
Date of Acceptance: 2019-04-05
Massive increase in population, high demand of urban infrastructure and
limited availability of land resources is a global concern. When the inner
part of a town becomes more and more congested, it expands towards
municipal limits. Effective development control rules in such situation
is imperative to tackle the important issues such as environmental
degradation, pollution, overcrowding, congestion due to buildings in
contravention of development control rules, narrow streets having no
further scope for widening, buildings devoid of proper lighting and
ventilation due to violation of setback rules, exceeding building height
limit and tendency to utilize FAR fully by covering the entire plot area.
Such situations affect systematic development. The reason may be
either the building byelaws, under which existing development control
rules are enforced, are too weak and inappropriate in addressing the
problems of physical development or they are outdated and no longer
suit the present socio-economic context. Nepal is not an exception to
the same. So, this research is to study building bylaws in different time
periods focused to manage development of Kathmandu City of Nepal
based on literature review.
Keywords: Height, Ground Coverage, Setback, Zoning

Introduction and the nature and intensity of development envisaged.

Building byelaws are the regulations that are generally
made by planning organizations of the government, either
from the central level or from local level, with the intention
of controlling urban development in harmony with that
envisaged in the Master Plan and for ensuring structural
safety, public health, and hygiene. They primarily provide
guiding principles on which buildings have to be planned
and built, which can be used by a citizen/ developer
intending to erect a building on a piece of urban land.
Besides, they also list out the procedures to be followed
for making application, support documents and drawings
to be attached, undertakings to be given, certification
process and inspection/ monitoring mechanism. They are
often complemented by the Master/ Development Plan of
the city, which provides zoning rules, land uses allowed,
Journal of Advanced Research in Construction and Urban Architecture (ISSN: 2456-9925)
Copyright (c) 2019: Advanced Research Publications
Following the recent earthquake of April 25, 2015, basic
planning and building byelaws 2015 (2072 B.S.) were
brought into force. The new guidelines, which have been
issued by the government, with revision and more strict
control measures, are expected to be implemented as
envisaged. However actual application of these byelaws
is yet to be seen.
The problem of the Kathmandu urban built environment
is noncompliance with building byelaws and regulations.
The major areas of default are in the area of zoning,
setbacks, building along utility lines and non-adherence
to provision of adequate ventilation. The consequences of
non-compliance with building bye-laws and regulations are
already manifesting and are being felt in our urban centers.
 Mishra AK
9 J. Adv. Res. Const. Urban Arch. 2019; 4(3)

Setback: The problem in violation of setback standards is an unprecedented rate of growth. With this rapid growth,
that in case of fire outbreak, it is difficult for fire vehicles land use and building bye-laws conflicts have become
and men to gain easy access to the building. This can result increasingly numerous, resulting in a haphazard growth of
into deaths and loss of valuable properties. Another related towns and adjoining areas of Kathmandu Valley. Different
problem is the issue of ground coverage. The consequences rules are made applicable with reference to plot size,
are overcrowding and inadequate parking spaces. road width, location of construction (congested and non-
Zoning: There is an undesirable mixing of building uses; congested areas), thus creating haphazard growth. The
residential buildings are used for commercial purpose. existing development control rules govern the zoning,
While the old part of the city is a chaotic mix of incompatible sub-division of land, building permission, etc. However,
land uses, new areas are lacking in compactness and social it is observed that from zoning to building construction
cohesion. Land use planning in Kathmandu is largely carried process, the available guidelines in terms of development
out by private land brokers who subdivide and sell land control rules are violated due to various reasons and thus
into single family parcels to maximize the total private affecting the sustainable development.
value only. This erratic urbanization process feeding only Table 1.Aspect and Parameter of Buildings
the individual economic interests has continued unabated Aspect Parameters
and zoning regulations are violated at large.1
Zoning, land use Occupancy/ use, plotting,
Height: Tall buildings erected in a few annas of land are and sub-division road space, open space and
unsafe for either their occupants or those living in their rules amenities
vicinity. People want to make houses at low cost, and the Setbacks, parking area,
developers want to reach for the skies. Many do not hire Site and building development density (FSI/ FAR),
engineers to prepare house designs. Owners tend to be even planning building plan, minimum plot
more careless if a house is to be rented out. Initially, the area and building height
owner gets permit to build a two- or three-storey structure
for residential use, but they are transformed into high-rises Loading capacity, Design of exits,
without fulfilling the legal and technical requirements when Structural design design of common facilities e.g.,
the area turns into a commercial hotspot. and provisions water supply tanks, and other
engineering specifications
Research Objectives
Fire safety provisions in building,
The main objective of this research is to study building Building safety,
fire control systems, plumbing
bylaws in different time periods, focused to manage services and
services, HVAC, garage,
development of Kathmandu City of Nepal. amenities
courtyard etc.
Literature Review Other planning Allowable activity/use,
Building Byelaws controls for special permissible development/
areas e.g., heritage redevelopment, building
Structural elements have been analysed after earthquake structures/areas maintenance provisions
by Mishra and Thing (2019). Building byelaws are the
regulations that are generally made by local governments For sustainable urban development, it is recommended to
with the intention of controlling urban development in have a strong support for a compact city approach which
harmony with that envisaged in the Master Plan and for needs strong planning norms and development control rules
ensuring structural safety, public health and hygiene. They including innovative approach rather than conventional
primarily provide guiding principles on which buildings approach to sub division lay-out design.6
have to be planned and built, which can be used by a
citizen/ developer intending to erect a building on a piece The most sustainable residential area will be area which
of urban land (see Table 1). Besides, they also list out the is architecturally nice looking, having lovely surroundings
procedure to be followed for making application, support with a lot of green zones and well-organized infrastructure
documents and drawings to be attached, undertakings to solutions.7
be given, certification process and inspection/ monitoring Impact of Urbanization in Kathmandu
mechanism. They are often complemented by the Master/
Figure 1, shows the map of Kathmandu Valley where urban
Development Plan of the city, which provides zoning
expansion is taking place wherever there is provision of
rules, land uses allowed and the nature and intensity of
roads, water and electricity. Of all the activities carried out
development envisaged.
in urban areas, housing activities cover the maximum land
During the last decade, urban areas in Nepal experienced use. In Kathmandu, the rate of land conversion to urban

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Mishra AK
J. Adv. Res. Const. Urban Arch. 2019; 4(3) 10

Figure 1.Map of Kathmandu Valley

use is enormous; between 1971 and 1981, the residential process of social interaction and integration. It is, thus,
land area of the city doubled. Haphazard and substandard evident that the current transformation does not appear
development in the metropolitan area is going on at a rapid to be conducive, and has led to adversely changing social
rate. There is extensive disparity in residential density. environment of the new neighborhoods.4
Overcrowding, congestion and unsanitary living conditions The current growth of population is clearly unsustainable
are widespread, particularly in old residential areas.10 if appropriate housing, infrastructure, water supply and
The uncontrolled and haphazard urban growth of the other necessary urban amenities cannot be in the same
Kathmandu Valley over the past decades has led to the rapid pace with the rate of population growth. The sustainability
transformation of its urban structures including the public of urbanization is susceptible due to the scarcity of effective
spaces into new urban neighborhoods. The contemporary planning and growing infrastructure deficits.12
public spaces appear to be remarkably different from their Figure 2, illustrates urban growth in Kathmandu valley
traditional counterparts as their provision and use are within 31 years. It is clear from the figure that between 1984
changing acquiring a different meaning. Most notably, there and 2015, land use for urbanization has nearly doubled.
is a severe loss of public space, which is also hindering the

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11
Figure 2.Urban Growth in Kathmandu Valley
Existing Construction Practice in Kathmandu
To date, most residential buildings (even in urban areas of
Nepal) do not receive any rational design for strength. Even
though most municipalities do have a system of granting
building permits, there is no provision in them for strength
criteria. The building permit process only takes into account
compliance related to planning (ground coverage, FAR)
and building by-laws (height, provision of toilet, liquid
waste disposal). Kathmandu and Lalitpur municipalities
now require some structural drawings for buildings with
more than three storeys or a 1000 sq. ft. plinth area. This
however, still lacks compliance with building codes. Thus,
there is poor institutional and technical capacity within
the local authorities for implementing strength-related
provisions if they were to be introduced to the building
permit process. On the professional front too, there is
no system of controlling the professional standards of
engineers/designers through reference to professional
qualifications/membership or by legal means. More than
98% of the buildings in Nepal are built by owner-builders
who follow the advice of local craftsmen.11
Both of them are not aware of the possible disastrous
consequences from an imminent earthquake. Neither
do they have any access to information related to safer
building practices and incorporation of simple earthquake-
resisting features at nominal extra cost. Even the building
construction projects funded by national and multilateral
agencies do not spell out any requirements related to
seismic safety when they hand over the terms of reference
to their consultants.11
Building Regulations for the Residential Zone
Different land use zones have different land use regulations
and controls. The study falls under other residential sub
zone, which is as follows:
Road Width
In order to provide adequate infrastructure development
Mishra AK
J. Adv. Res. Const. Urban Arch. 2019; 4(3)
and emergency services, the development should provide
sufficient road width. The provisional length and width
depends upon the accessibility to the major road (Table 2).
Table 2.Road Width Provision
Access road width to be Based on length of the
provided road
2m 50m
4m 200m
6m 1000m
8m 2000m
11m and above more than 2000m
Source: Building By-law, 1993
Plot Size
According to the planning regulation, appropriate minimum
plot size has been defined as 2.5 annas. The idea is based
on providing the residential environment that encompasses
infrastructure, services and the plot of the land. It is an
important part of housing standards. It is a way to affect
the housing density, to control cost, and to suggest the
building location, and its envelop on the plot. Selection of
plot size affects the unit cost of housing, influencing both
the cost of land and that of infrastructure.1
Density
It is a function of occupancy standards which is defined by
persons per sq. m. It relates to the recommended habitable
space per person. Floor Area Ratio (FAR), Open Space Ratio
(OSR) and height limit are mainly directed in regulating
the density of residential development. In Kathmandu,
a high density in the range of 1000 persons per hectare
has been achieved in traditional housing with three- and
four-story buildings. From the study it has been found that
gross density of approximately 500 persons per hectare is
economically optimum level, and is feasible in the present
technological context of Kathmandu.1
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Mishra AK
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Floor Area Ratio
It is the defining factor of building density in the residential
development. It is again the defining factor for the open
space to be created for amenities and infrastructures.
According to the planning regulations, the maximum FAR
has been defined as 4.5 for residential in core area in full
development whereas in new residential development,
FAR ranges from 1.25 to 1.75 depending on plot size and
zone. In the formulation of FAR, the percentage of ground
coverage is also counted in new residential development
which is permitted maximum use of 40% to 80%. The
percentage of site coverage decreases with the increase
of plot size. These two factors of FAR and site coverage
control the building height; however, the maximum height
for residential is 45 feet, i.e., four storeys in core area
whereas in new development it solely depends upon FAR
(Building By-laws, 1993).
Open Space
Open space in city core exhibits a unique form of open space
management which is different from what is generally found
in the present-day new development. The open spaces in
city core areas are based on religious as well as social and
cultural focal points. These are often defined with temples,
squares, palace squares, and surrounding open space of
stone water conduits. In new residential development,
unless it is planned, there is no such provision for providing
open spaces. The settlement has been developed with
individual garden spaces of residences, which do not look
coherent in built environment. These open spaces are
defined by site coverage. The minimum open space in
such development is found only in street junctions, which
is forced to plan and outcome of building setback.5
Height of the Building
According to the building byelaws, maximum height of the
building is governed by two factors.
• FAR
• Light plan
Even though FAR permits higher building height, light plane
factor restricts its height. As shown in Fig. 3, the maximum
height of building is not more than the height of light plane.
Figure 3.Light Planes to Restrict Height of the Building
Source: Building Byelaws 2064
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Figure 3 illustrates the light planes to restrict height of the
building according to this building height is permitted as
two times of width of road+setback.
Legal Framework
Under the existing laws of Nepal, while the municipality is
the main body authorized to issue building permits, there
is more than one authority legally empowered to exercise
on the issuance of building permits in urban areas. The
major Acts which are practiced for regulating building
construction are as follows:
1. The Ancient Monument Protection Act, 1957
(2013)
AMPA was first enacted in 1957 and has gone through
several revisions and the last revision was in 1996. The Act
is the main legal framework that can cover the provisions
of conservation and protection of the ancient monuments
all over the country. Section 2(a) of the Act defines ancient
monuments in terms of aesthetic value, religious value,
and architectural and scientific value and is one hundred
years old. It has identified single monuments or a group
of buildings or the areas as a monument to be preserved.
2. MulukiAin 1962 (2019 B.S.)
MulukiAin (Law of Land) 2019 B.S. has provided a separate
chapter on construction of buildings and houses. The
chapter relating to construction of houses and buildings has
provided a set of norms for the construction of houses by
private individuals. The authority issuing building permits
has to ensure that the proposed design submitted for its
approval does not violate these norms. The construction of
a house in violation of these norms may lead to prolonged
litigation in regular courts of law. The court has the power
to issue an interim order to stop the illegal construction
and issue a final order to remove the house or building
within six months of the final decision and also impose
a fine or issue an order to demolish any unauthorized
portion of the house.
3. The Guthi Corporations Act, 1964
The Act defines guthi as an endowment made by a
philanthropist with religious or charitable motives through
withdrawal of title for the property (movable or immovable)
for the performance of any regular or ceremonial religious
functions or festivals or any monetary or deity or the
construction, maintenance or operation of temples, rest
houses, roadside shelters, wells, tanks, etc.
4. Town Development Planning Implementation
Act, 1973
This Act provides for the establishment of a Board for
the purpose of implementation of development plans
approved by the government. This Board has no role to

13
play regarding the formulation of town development plans.
But it has very wide powers to resist sale or subdivision of
immovable property of any kind, to control possessions
and use of agricultural land, places and archeological,
religious or historical importance, to regulate construction
or demolition of building of any type, to stop action affecting
natural beauty or landscape and control transportation,
bridges, roads and means of transportation plying thereon,
forestation, water, and lighting, etc. The use of the words
“regional development center” in the Act can lead someone
to think that this Act applies only to the centers of the five
regions.
5. Public Road Act, 2031 (1974)
Under the Act, roads department has been given the
authority to undertake certain specific steps to preserve
the right of way on public roads. One of the steps that could
be taken is the control of building construction activity on
such areas.
Clause 1 of Section 3A has authorized the government to
prohibit the construction of any permanent structure or
building other than walls by any person within a radius of
at least six meters from the road limit fixed under section
3, if any, and in cases where the road limit has not been
fixed, from the edge of the public roads.
Section 3 of the Act authorizes the government to classify
public roads into four categories:
a) Highways
b) Feeders roads
c) District roads
d) Urban roads
Government may also prescribe the road bondages at a
distance of not more than 31 meters on either side from
the center of the road. However, the Act provides that the
distance limitation for road boundaries of that same road
category would differ based on the topography and density
of the population. The road standards have to be taken into
issuance of building permits in the municipality area by the
concerned authority. If the government through notification
in the National Gazette, has prohibited the construction
of any permanent structure or building within a radius of
at least six meters from the road limit fixed under section
3, if any, and increase the road limit have not been fixed
from the edge of the public road, this should also be kept
in mind by concerned municipal authority while issuing
building permits. The Act has also clearly provided for
the implementation of prohibition order issued under
Section 3.A(1). It states that in case any person constructs
any permanent structure or building within the limits
specified in sub-section (1), such structure or building may
be demolished on the orders of the roads department. The
roads department may also recover the costs of demolition
Mishra AK
J. Adv. Res. Const. Urban Arch. 2019; 4(3)
of structure or building from the concerned person.
6. Land Acquisition Act, 1977
The Land Acquisition Act, 1977, empowers government to
acquire private land for development purpose by eminent
domain. The term “Eminent Domain” refers to the right
(of a government) to buy private property even when the
owner does not want to sell it. It is the inherent right of a
state to force property owners to sell their property when
it is needed for public use, such as construction of roads,
canals, public buildings, housing projects, etc.
The salient features of Land Acquisition Act, 1997, are as
follows:
• Empowerment to the government by notification
publicly in the specified places to acquire private
land for the wellbeing of the general public or for
the purpose to use for international organizations or
diplomatic missions.
• Acquisition of private land for protection of public
property or to cope with any other emergency situation.
7. Pashupati Area Development Trust Act, 1987
(2044)
As per clause 17 of this Act, any type of building should
take building permit before construction work takes place
and building permitting agencies as municipalities as well
as KVTPIO, Kathmandu, etc., should issue such permit only
after having recommendation from this trust. Otherwise
responsible officer will be punished up to departmental
level.
Unauthorized builders are punishable as per Town
Development Act, 1988, and building permitting agency
is empowered for such decree. However, such power can
be seized from above agencies at any time and can be
entrusted to other agencies or taken over by the trust itself.
8. Kathmandu Valley Development Authority Act,
1988
This Act concerns the establishment of the Kathmandu
Valley Development Authority, whose functions shall pertain
to land use planning, the development in land-use areas
and the prescription of methods of construction works,
the formulation and implementation for the development
and maintenance of cultural heritage, the protection and
conservation of the environment and natural resources.
Subsequent sections establish all the powers given to the
Authority in connection with its functions. The Kathmandu
Valley Development Authority has the power to: (a) impose
by public notice a ban on any type of physical change in
any property within the area prescribed for a period not
exceeding three years; (b) stop any action taken without
prior approval or in violation of the given terms and
conditions; (c) undertake land development programs for
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Mishra AK
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the purpose of arranging residential plots and other urban
activities; (d) mobilize financial resources, upon approval
of the government in order to meet necessary expenses.
Organs of the Kathmandu Valley Development Authority
are: the Kathmandu Valley Development Board whose
functions pertain to the policy making and the evaluation
of the progress achieved in the implementation of the plan,
and the Board of Directors for the direction, supervision and
management of the operations of the Kathmandu Valley
Development Authority. Furthermore, the Act states the
composition and rules of procedures of said organs. Final
provisions concern the settlement of disputes, the powers
of the government and the penalties to be enforced in case
of contravention.
9. National Shelter Policy, 1996
National Shelter Policy, 1996, reflects the spirit of
Constitution of Nepal 1990 regarding the fulfillment of
the shelter as the basic needs of all the Nepalese people.
The National Shelter policy stresses the importance of
housing sector for its role in economic development,
poverty alleviation and promotion of living standards of
people. The basic concept upon which the policies have
been formulated are:
• Creation of favorable atmosphere as mentioned in
the Constitution of Nepal in 1990 in order to fulfill
the need of dwelling units in the form of basic need
of the entire people.
• Need to recognize the important role of dwelling units
in poverty alleviation and economic development in
addition to the role of improving living standard of
the people.
• Shelter to be taken as an integral part of nation’s
economic productivity as an accumulated asset and
capital.
• Based on the principle of financial self-reliance, the
government should act as an enabler as well as a
facilitator for the fulfillment of shelter targets and the
private sector should play an important role in formal
and informal sectors.
10. Building Act (1997) and National Building Code
(1996)
The Building Act of Nepal was enforced in 1997, applicable
to all Municipalities and villages in Nepal. Building Act
has categorized all buildings into four types, according
to the standards in the Nepal National Building Code
(NNBC). Besides building code, there are building byelaws
in each municipality. As per Local Self Governance Act
(LSGA), municipalities are given authority to prepare
and implement building byelaws in their respective area.
The building bylaws for the municipalities in Kathmandu
Valley and emerging towns have been revised in 2007 to
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14
accommodate for the changing urban context of the valley;
these changes included plot ratio, ground coverage and
setbacks. This is an Act made to provide for the regulation
of building construction work to make necessary provisions
for the regulation of building construction work in order
to protect building against earthquakes, fire and other
natural calamities.
Nepal National Code has 23 volumes, which cover all the
above categories of buildings, approved by the cabinet in
2003. Building permits can be issued by a municipality/
VDC. Municipalities and Town Development Committees
should do monitoring of all categories of buildings.
11. Apartment Act, 1997 (2054)
The Apartment Act, 1997, has nonetheless, given authority
to municipalities and private sector for investing in mass
housing. The current land ceilings, building regulations and
byelaws discourage them benefiting from the Act due to
various restrictive and inappropriate requirements that
are uncongenial to investors such as limitations on land
holdings, floor area ratio, etc.
12. Town Development Act, 1998
Town Development Act, 1998, was enacted to provide
necessary resources, authority, and machinery to make
timely arrangements with respect to housing, health, and
other amenities for people residing in urban areas of Nepal,
through redevelopment, extension, and development of the
existing towns as well as establishing new towns in view of
increasing population and urbanization in towns of Nepal.
Town Development Act, 1988, empowered the government-
constituted committee to formulate and implement land
development scheme, to enforce land use regulations
and freeze land and impose restriction on the use of land.
The salient features of Town Development Act, 1988, are
as follows:
• Development and extension of towns with provisions
for required facilities and services.
• Determination of land utility zones and regulating use
of lands and natural resources for town development.
• Initialization of land development program for urban
activities.
• Checking of activities that affect public health,
regulate control, and prohibit actions that pollute
the environment.
• Order to demolish construction built against standards.
Institutions Involved in Settlement Development
Settlement development, in reality, does not lie in one
institution alone, but is shared by various institutions,
requiring support from each and every institution as
well as individual citizens of the country. Further, to be
 Mishra AK
15 J. Adv. Res. Const. Urban Arch. 2019; 4(3)

Table 3.Institutions Involved in Settlement Development

S. No. Name of Institution Responsibilities
Department of Land Reform and
1. Land registration, sub division and transaction
Management
Land survey, production of maps and maintenance of
2. Department of Survey
cadastral maps
Department of Urban Development Regulation of apartment, construction of government buildings,
3.
and Building Construction (DUDBC) conservation of religious and cultural sites
Kathmandu Valley Development Formulation of building byelaws, implementation of guided land
4.
Authority (KVDA) development and land pooling program
5. Municipalities Building permit, solid waste management, revenue collection
Construction and maintenance of strategic, feeder and
6. Department of Roads
national road
Production of water, distribution and maintenance of
7. Nepal Water Supply Corporation
water supply system
8. Ghuti Sansthan Maintenance and repair of temples and shrines
Preservation and protection of monuments and
9. Department of Archeology
archaeological sites.

implemented successfully, the strategy depends upon
National Strategy for Settlement Development. Table 3
lists the institutions and their responsibilities involved in
settlement development. Similarly, figure 2.4.6.2 shows
the institutional arrangement for town planning.
Basic Guidelines for Settlement Development,
Urban Planning and Building Construction-
2072 (2015)
The byelaws of 2072, “Basic Guidelines for Settlement
Development, Urban Planning and Building Construction
- 2015 are the most recent of the byelaws published after
the devastating earthquake on 25 April 2015, Saturday
(Baishakh 12, 2072).
minimum setback from the adjoining plot must be of
2 m.
The ratio between any building with more than 17 m
height and the setback from adjoining plot must be
4:1 but the minimum setback will not be considered
to be less than 5 m.
c) Ground Coverage
• 70% ground coverage is allowed for the construction
of residential building having area 250 m2; similarly,
60% ground coverage is allowed for the construction
of residential building having area more than 250 m2.
• 50% ground coverage is allowed for the construction
of government, semi-government and public buildings.

Provision of Roads in Proposed Physical Projects FAR

a) Public physical project: Main road of proposed project
should not be less than 8 m wide that connects the
existing public road.
b) Controlled physical project: Every road of proposed
project that connects the existing public main road
must have separate entrance and exit gate and lane
up to 20 m of that existing public road. Residential
building up to 10 m height is allowed for construction
on land that touches 6 m wide public road. Likewise,
only for the land that touches 8 m wide public road,
residential or public buildings with more than 10 m
height are allowed for construction.
In case of public buildings having height more than
10 m and below 17 m, minimum setback from the
adjoining plot must be 3 m; similarly for other buildings,
FAR is provisioned same as that of the building bylaws 2064;
however, local development council reserves the right to
recommend the FAR within their territorial jurisdiction.
Right of Way
a. RoW for the newly constructed road must be 3 m
from the center of that road; however, in case of some
geographical constraints, technical committee can
recommend and approve the RoW within 2 m. For such
newly constructed roads, minimum setback from the
road edge must be 1.5 m.
b. Roads with length less than 50 m (Cul-de-Sac/Dead-
end) that were constructed and got construction
approval before the enforcement of this bylaw will
have the RoW of minimum 1.5 m.

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Mishra AK
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c. RoW will be made 2 m from the center of the road for
existing buildings constructed already along the road
having less than 4 m width.
d. Minimum turning radius of every road should be
maintained at 3.5 m.
Summary of Methodology
In 2007 (2064 B.S.), government drafted another building
byelaw. However, due to institutional inadequacies,
shortcomings/failures, overlaps, and lack of coordination
prevented the implementation as envisaged. For example,
different agencies (KVTDC, DUDBC and KMC) concerned
with urban development in a city specifying different norms/

Analytical Tools and

Objective Information Needed Data Source Collection Technique
Methods
To analyze Secondary:
• Building bye-laws and
the rationales Ministry Collection/purchase
regulations Content analysis
behind of Urban from concerned
• Urban design planning Maps/drawings
development Development department on
guidelines, interpretation,
of different (MOUD), request,
• Building construction comparison
building bylaws (DUDBC), literature review
permission policies
KVDA and KMC
To examine and
Secondary: Collection/purchase
identify major Different building byelaws
Building from concerned
commonalities (e.g. Byelaws 2034, 2050,
byelaws department on Comparative analysis
and new 2064, 2072) and their
from KVDA request,
provisions in amendments.
KMC,DUDBC literature review
different bylaws

Result and Discussions guidelines render a lot of confusion and become a source
of non-uniform development. This, in turn, has led to the
Rationale behind Development of Different Building development of new building byelaws with amendments
Bylaws and more stringent control measures to guide and regulate
The building byelaws enacted in 1976 under the Kathmandu building construction at different stages of time.
Valley Town Development Plan became obsolete and Major Commonalities and New Provisions in
impractical over time. In order to address the issues Different Byelaws
emerging in urban planning, LSGA, KVTDC drafted new
planning and building byelaws, and these were approved The study reveals that different building byelaws were
by the government in 1993 (2050 B.S.). However, lack of promulgated in the country during different stages of
awareness, negligence and ignorance from the public and time. Building byelaws were aimed at introducing the
poor oversight from concerned authorities have led to the development control measures to organize the rapid
failure in proper implementation of these byelaws as well. urbanization of the Kathmandu Valley.
Table 4.Rationales behind Development of Different Building Byelaws

S. No. Building Byelaws Rationale Purpose

• To regulate master plan of 1969 (Physical
1. Building Byelaws, 2034 Master Plan 2069
Development Plan for Kathmandu Valley)
Unmanaged and haphazard
• To regulate uncontrolled development, espe-
2. Building Byelaws, 2050 building construction in
cially building construction
Kathmandu valley
In order to complement • To regulate zoning requirement
3. Building Byelaws, 2064 Kathmandu Valley • Significant in terms of functioning of future
Development Plan 2020. urban growth of the city
• To regulate building construction and to
4. Building Byelaws, 2072 Earthquake 2015/Disaster
develop disaster resilience community

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 Mishra AK
17 J. Adv. Res. Const. Urban Arch. 2019; 4(3)

Table 5.Major Commonalities and New Provisions in Different Byelaws

S. No. Building Byelaws Major Commonalities and New Provisions
• The study finds that control measures used for building were mostly prescriptive
based guided by ground coverage and height restriction only
Building Byelaws,
1 • While this byelaw was in practice maximum GCR and height were 90% and 30%
2034
respectively for land area less than 2 anna. But FAR was not provisioned in this
byelaw.
• The study determines the byelaw of 2050 was a significant diversion from the
previous byelaw of 2034
• The provision of FAR was introduced to guide ground coverage and height of the
building.
2 Byelaws, 2050
• The concept of light plane that restricts building height is found to have been
introduced in this byelaw.
• .Previous provision of land area less than 2 anna in byelaws 2034 was amended to
minimum 2 anna 2 paisa.
• The study claims that Byelaws-2064 for most parts is same as the previous bye
laws of 2050.
• However, it is found that the major difference was change in land use map. The
byelaws-2064 introduced new land use map based on latest maps.
3 Bye laws of 2064.
• Study identifies some changes to bye-laws regarding Narayan Hiti Palace, Setback
from the River, and Apartments Housing.
• Literature review shows that byelaw regarding Pashupati area was added. Voids
greater than 1.5×1 5m were made exempt from FAR as the new provisions.
• Every newly constructed road must be 6 m wide. However, in case of some
geographical constraints, the technical committee can recommend and approve
it within 4 m. For such newly constructed roads, minimum setback from the road
edge must be 1.5 m.
• Every road should be made 4 m for existing buildings constructed already along
Bye laws of 2072 the road having less than 4 m width.
4
• In case of plotting, the main road connected to land plots should be at least 8 m
wide.
• The study shows 70% ground coverage is allowed for the construction of
residential building having area 250m2; similarly, 60% ground coverage is allowed
for the construction of residential building having area more than 250m2. Average
1.5 m mandatory open space for provision of openings; previously it was only 1 m.

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Mishra AK
J. Adv. Res. Const. Urban Arch. 2019; 4(3) 18

Table 6.Summary Form of Major Commonalities and New Provisions in Different Byelaws
Comparative Analysis Table for Major Commonalities and New Provision in Different Byelaws
Byelaws 2034 Byelaws 2050 Byelaws 2064 Byelaws 2072

Maximum Maximum Maximum Maximum Maximum

Maximum Type of Area of Maximum Type of Maximum Maximum Type of Maximum
Type of Area of the Height Ground Height (5) Area of the Height Area of the Ground Maximum
S.N. Ground Building the Land FAR Ratio Building Ground FAR Ratio Building FAR Ratio
Building Land Coverage Land (2) (5) Land (2) Coverage Height (5)
Coverage (1) (2) (4) (1) Coverage(3) (4) (1) (4)
(3) (3)

>0-2-2-0 up >0-2-2-0 up to >0-2-2-0 up

1 Residential Below 0-2-0-0 90% 30' Residential 80% 2.5 Residential 80% 2.5 Residential 70% 2.5
to <0-4-0-0 <0-8-0-0 to <0-8-0-0
>0-2-2-0 up to >0-4-0-0 up
2 Residential 80% 30' " 70% 2.5 " > 0-8-0-0 60% 2.5 " > 0-8-0-0 60% 2.5
<0-4-0-0 to 0-8-0-0
>0-4-0-0 up to >0-8-0-0 up School, School,
3 Residential 70% 40' " 60% 2.5 " 40% 2 " 40% 2
0-8-0-0 to 0-12-0-0 Campus Campus
Government Government
and Semi- and Semi-
government government
>0-8-0-0 up to
4 Residential 60% 40' " >0-12-0-0 50% 2.5 offices " 40% 2 offices " 40% 2
0-12-0-0
Polyclinic, Polyclinic,
Nursing Nursing
Homes etc Homes etc
Cinema Hall, Cinema Hall,
School,
Residential >0-12-0-0 50% 40' " 50% 2.5 Conference " 40% 2 " 40% 2
As per (3) and Conference
5
Campus
As per (3) and (4) Theaters (4) Theaters As per (3) and (4)
Government
and Semi-
Or Star Hotel Or Star Hotel Or
government
>0-12-0-0 to 1- Conformed Conformed
6 Residential 40% 40' offices " 40% 2 " 40% 3 " 40% 3
6-0-0 Two Times of Width by Foreign Two times of by Foreign Two Times of
Polyclinic,
of Road + Ministry width of Road Ministry Width of Road +
Nursing
Setback(Min 2 m) + Setback(Min Setback(Min 2 m)
Homes etc
Shopping 2 m) Shopping
Cinema Hall,
Complex, Complex,
7 Residential >1-6-0-0 30% 40' Conference " 40% 2 " 50% 2 " 50% 2
Super-Market Super-Market
Theaters
etc etc
Star Hotel
Conformed
8 " 40% 2
by Foreign
Ministry
Shopping
Complex,
9 " 40% 2
Super-Market
etc

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19
Table 6, illustrates the summary form of major commonalities
and new provisions in different byelaws.
Conclusion
Based on the findings of this study, the following conclusions
have been made:
Although building bye laws were developed to ensure
greater compliance with the building, planning/zoning
and structural requirements, there were several pitfalls
associated with their design, practice and implementation
at local level. While the building byelaws have been in place
since 1976, since then several amendments and revisions
have been made with more stringent than the earlier ones,
and which were expected to be enforced more strictly. But
it was found that their application remained inadequate
and did not address the haphazard urban expansion of
the Kathmandu city.
The study shows that modern building byelaws were drafted
and promulgated by increasing open space, setback, limiting
FAR, and height provisions considering urbanization.
Recommendations
• Rule provisioned in Section 2 of building byelaws 2064
that provides minimum size of the plot 2 anna 2 paisa
only but no restriction on minimum width of plots.
Many combinations of length and width of plots are
possible, thereby different widths of plots along such
roads makes haphazard growth along highways and
other roads. In some cases, smaller widths of plots fully
covered the entire frontage; this rule should be revised.
• It is not that vertical expansion should not be allowed
but building height should strictly be complied with
the byelaws while considering safety of structure
against earthquake, environmental impact and general
safety of city dwellers. This will control the horizontal
expansion of the town, thereby reducing conversion
of agricultural (fertile) land into nonagricultural land.
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ISSN: 2456-9925
DOI: https://doi.org/10.24321/2456.9925.201904

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