Hedayet Islam Shakil

Depurtment of Urban and Regional planning

Jahangirnagar university, Savar, Dhaka.

HOUSING POLICIES IN BANGLADESH

1971 to date: During Bangladesh period there was no basic change in the government’s housing previous housing policies. The demand on land in the busy city led the government to formulate regulation construction of high-rise apartments.
The Biharis (previous Mohajir's) were gathered in Geneva camp and most of the housing under them werereallocated to others. At this time international organizations like UNDP, UNCHS, World Bank. USAID etc. came with generous help improving the condition of poor people living in slums, squatter settlements etc. In such aid program there were proposals for the development of infrastructural facilities, utility (common toilets, baths) etc. However, an organized attempt for providing "housingfor all”, as targeted by the United Nations was taken up in 1933 through the "Bangladesh National Housing Policy". The policy was altering revised in 1999. We mention hereunder the salient features (Objectives and Strategies) of this policy.

BANGLADESH NATIONAL HOUSING POLICY 1993, (REVISED 1999)

OBJECTIVES:

Ø To make housing accessible to all strata of the society and to accelerate housing production in urban and rural areas, with major emphasis on the needs of the low and middle income groups. The high priority target groups will be the disadvantaged, the destitute and the shelter.

Ø To make land available in suitable locations and at affordable prices for various targetgroups, especially for the low and middle-income people.

Ø To develop land effective strategies to reduce the growth of slums, unauthorized construction encroachments and shanty dwellings, and to improve the existing housing stock environmentally and where possible to relocate them in suitable places.

Ø To rehabilitate disaster affected households and houses affected by accidental fire

Ø To mobilize funds for housing through personal savings, different financial inputs and by developing suitable financial institutions.

Ø Make an effective implementation of the housing programs, promote the use of locally available materials and construction techniques, and to increase production of forest based materials such as timber, bamboo and grass. Attempts will be made to develop alternative durable building materials, based on locally available inputs.

Ø Develop institutional and legal frameworkto facilitate housing.

Ø Improve and enhance the character, quality and environment of the existing residential area.

Ø Develop new strategies, and revise existing housing policies from time to time to cope with the emerging housing needs and problems in the country.

Ø Undertake action oriented research in different aspects of housing, particularly to reduce house building costs and rents.

Ø Develop a proper tax base to promote housing.

STRATEGIES:

The fourth five year plan objectives implied the mobilization of resources gradually from the Government to the private sector. Keeping this in view, the strategy of the government will be to act as a promoter and facilitator of housing, provided by private sector, while retaining the government’s role as a provider to a limited extent. The salient features of the housing strategies are:

Ø Housing will be given due priority in the national development plans, treating it as a separate sector by itself.

Ø The role of the government in housing will primarily be that of a facilitator in order to procure, land, infrastructure, services, and to ensure availability of building materials at a reasonable price, especially for thelow and middle income groups. And to create and promote housing financial institutions, whereas the actual role for construction of housing will be left to the private sector developers, the people themselves, and the NGOs.

Ø Greater emphasis will be given on affordability, personal savings, self help building and cost recovery of houses. Efforts would be made to enhance the affordability of the disadvantaged and low income groups, through the provision of credit for income generation, housing loans at low interest rates, and spaces for running a workshop, business, or related activities.

Ø Improvement and rehabilitation of the existing housing stock will be given priority by the government alongside new housing.

Ø Encroachments on public land formation of unauthorized construction will be discouraged.

Ø Austerity will be maintained in housing development, and efforts will be made to economize housing costs. Thisstrategy would discourage extravagant construction, facilitate incremental house building, ensure wider application of low cost technology, and encourage optimum use of resources at individual and national levels, both in the public and private sectors.

Ø Regeneration of forest based building materials would be encouraged, and environmental conservation will be given due consideration.

Ø Due attention would be given to construction, protection,replacement and rehabilitation of shelters in disasteraffected and fire- prone areas.

Ø Special care would be taken for the preservation of cultural, heritage, and promotion of vernacular architecture in new housing projects.

Ø Universities, research institutes and centers will be encouraged to conduct research on housing issues.

Ø The National Housing Policy will be co-ordinate with other development policies e.g. land, environment, social welfare, fiscal, and momentary policies at national and local levels.

Five Year Plan

After the independence of Bangladesh in 1971, Bangladesh Government formulated five year plans for planned development of the country. Housing policies are incorporated in these five year plans. The first five year is formulated for the period ot 1973-78. After the first five year plan, an intermitso year plan was formulated for the period of 1978- 19S0. The second and third five year plans were formulated for the period of 1980-1985, and 1986-1990 respectively. Bangladesh Government prepared a national housing policy in the year 1993. The fourth five year plan of the country was formulated for the period of 1991-1995. The two years from June 1995 till June 1997 have been a sort of plan holiday for the country. During this period, annual development programs of the country were prepared and implemented outside the framework of any five year plan. Now the fifth five year plan is in implementation phase, and it is prepared for the period of 1997-2002. Housing programs and policies of the country, set forth in the above plans and proposals, are briefly described below:

First Five Year Plan

The first five year plan of Bangladesh was prepared for the period of 1973-1978. This plan was prepared in the background of a grim and dilapidated economy, when the country became independent through nine months’ war of liberation. In the first five year plan, efforts and resources were directed towards short term objectives. To achieve the short tcuu objectives, the following program were undertaken:

Ø Building of multistoried apartment houses in the urban areas (for low and lower middle Income groups) in the public sector.

Ø Building of minimum shelter in a planned environment.

Ø Developing “sites and services schemes” through urban development agencies and local bodies for private apartment houses.

Ø Organizing and financing of cooperative apartment houses.

Ø Providing a planned environment for temporary settlements, as a temporary measure with a view to develop these into proper housing estates in future.

Urban Housing:

Construction of multistoried flats and minimum shelters for the low-income groups is viewed as a desirable long-term solution for this group. However, in the first plan period, the housing backlog was so large, that the investment in high rise apartments proved inadequate to make an impact on the problem. For this reason, the low-income housing was divided into two groups:

o Multistoried apartment housing, providing a higher standard of accommodation.

o Nucleus shelter, providing permanent accommodation of a basic sort at a much lower unit cost than the apartment.

The low-income housing construction was to be located within the core and inner periphery of cities, while sites and services schemes for cooperative apartments were planned to be located outside the inner periphery and beyond that. It was proposed that transportation facilities would be simultaneously provided for communicating of residents of these peripheral housing estates.

Second Five Year Plan:

The second five year plan of Bangladesh was prepared for the period of 1981-1985. Main objectives and strategies for housing in this plan were:

Ø Construction of large number of low-cost semi-permanent housing units, which would require less time and resources, to fill in the shortfall ofpublic servants’ housing.

Ø Provision of developed land, with utilities and easy terns of finance.

Ø Changing of present entitlement of residential accommodation, with a view to providing more accommodation units within the available resources.

Ø Lowering and standardizing the specification for structures, fittings and finishes to reduced cost.

Ø Provision of small sized serviced plots with nucleus units to government employees on hire purchase basis.

Ø Provision of suitable land, with utilities arid services and easy terms of finance to government, and semi- government employees to help them build their own houses.

Programs for the second five year plan:

Initiation of the development process for 1200 growth centers, and construction of4,000 housing units consisting of semi-permanent structures and flats. Construction of offices and residential buildings in the new district and thana headquarters. Developing sites and services schemes by Housing and Settlement Directorate (HSD), and urban development authorities for construction of houses for the middle and lower income groups.

Third Five Year Plan:

The major thrust for housing sector in this plan was to formulate necessary policy prescriptions to stimulate enhanced private sector participation. Public sector investment is to be made only in those areas where it is inescapable, such as laud development, roads construction, water supply and construction of residential buildings for public servants. Rehabilitation of squatter families was considered to be the responsibility of the public sector, and for some low-income groups the government would provide core houses on self financed basis. To stimulate private investment in district towns, the government adopted a strategy of seed fund to develop small sized serviced plots for the low income group.

Besides the construction of 384 units of low-cost multistoried flats in major cities, 1911 flats in upazila complexes and 980 flats in new district towns are considered. A low-income housing and environment improvement project at Kaibalyadham, Chittagong to be undertaken. Two low-income housing projects in Dhaka were considered, one of them is a squatter resettlement program at Mirpur, and the other is at Dattapara.These two projects are intended for about 5000 families, with the provision of sites and services schemes, and sale of plots through seed money provided by government.

Fourth Five Year Plan:

In the fourth five year plan (1991-1995), the main objective of housing policy was to provide long-term acceptable living environment for all groups of people. Separate policy guidelines are formulated for public and private sector.

Public sector policy

Ø Public sector involvement should be limited to housing provision for only those people, who cannot afford houses without direct government support.

Ø A National Housing Authority (NHA) to be formed to facilitate housing for the low and lower middle income group.

Ø Public and semi-public agencies would concentrate on land development projects for middle and lower income groups.

Ø Public sector would go for nucleus housing, skeletal housing and expandable housing to suit the varying degree of affordability of people.

Ø Priorities to be given on slum upgrading and environmental improvements program, for health and safety of urban dwellers.

Private Sector Policies:

Ø Government should develop necessary physical 2nd financial facilities to promote private sector housing in both rural and urban areas.

Ø Semi-autonomous, autonomous and private corporate sectors would develop housing estates for their employees.

Ø Private developers would be allocated land at suitable locations for providing housing for the middle and upper income group.

Ø Fiscal incentives and concessional investment credit should be extended to develop building material industries at suitable locations of the country.

Fifth Five Year Plan:

A major concern of the fifth five year plan (1997-2002) is to improve the physical facilities of living such as housing,water supply, sanitation and environment: During the fifth, five year plan, physical planning, water .supply and housing sector envisage the provision of these basic ’amenities through formulating appropriate policies and undertaking effective programs in these areas (GOB, 1998). The objectives, policies and strategies in this connection are given below:

Physical planning Objectives

1. Preparation of land use master plans for both rural and urban areas to derive maximum benefit out of the limited land resources through effective coordination among the concerned agencies.

2. Preparation of regional development plans as well as master plans for all metropolitan cities and district towns in different phases.

3. Improvement and development of infrastructure such as road, water supply, sanitation, drainage, flood control, solid waste management, retail and community facilities in all metropolitan cities, district towns and thana headquarters.

4. Provision of basic infrastructures in urban slums and squatter settlements; and

5. Strengthening and supporting authorities like RAJUK, CDA, KDA and RDA so as to make them play important roles in town planning and urban regulations.

Policies:

1. Formulation of an appropriate policy to maximize the use of rural land, including re-fixing land ceiling for agricultural and non-agricultural use.

2. Planned development of urban areas to provide a better land use pattern, and improved environment.

3. Greater involvement of local government bodies is planning, development, operation and maintenance of physical infrastructures at district, thana, unions and village levels.

4. Effective involvement of the private sector and NGOs in improvement of slums, waste disposal and sanitation activities; and

5. Integrated development of urban areas, providing a better coordination of different components e g housing, water supply, sanitation, transport, and slum improvement.

Housing

At present, there is an acute shortage of affordable housing both in urban and rural areas of Bangladesh A National Housing Policy was approved by the government in 1993 with the prime objective of ensuring housing for all strata of the society, especially the low and middle income groups and the disadvantaged and the shelter-less poor. However, its follow-up activitieshas been very limited There has been virtually no government program for improving the conditions of housing in rural areas. The same has been the case with resettlement program for the slum dwellers The construction of low-cost houses for the low and middle income groups has also been limited. Then again, it has primarily been confuted to areas in and around the metropolitan cities In Bangladesh, private sector participation in house construction* especially in the metropolitan cities, is encouraging. Residential quarters for government employees can only meet 10 percent of the requirement. Against this backdrop, the objectives andstrategies of housing sector has been set for the fifth five year plan (GOB, 1998).

Objectives

1. Development of low cost houses, and multi-storied buildings, for housing, and resettlement of slum- dwellers, the disadvantaged, the destitute and the shelter-less poor, and in situ development of the slums and squatter settlements.

2. Development of sites and services schemes for accommodation of the low and middle-income groups of people.

3. Developing condominiums for low and middle- income groups of people.

4. Construction of multi-storied flats for sale to government employees, at different places to ease accommodation problems;

5. Developing housing facilities for working women.

6. Construction of low cost houses in the coastal areas of Bangladesh; and

7. Greater involvement of the private sector through necessary incentives in the housing sector.

Policies:

1. A National Housing Authority will be set up in accordance with the National Housing Policy of 1993, to address the housing problem of the low and middle income groups, the disadvantaged, the destitute and the shelter-less poor.

2. Government khas land will be used to its maximum extent, to resolve housing problem, especially for the poor households;

3. Tax exemption will be given to those, who build houses with their own resources;

4. Hire purchase system for house ownership in the private sector will be encouraged;

5. Tenancy Act will be updated for rented houses in the urban areas, for mutual benefits of both the owners and the tenants.

6. Abandoned houses wall be turned into multi-storied buildings by the Housing and Settlement Directorate (HSD) in different phases to resolve housing problems;

7. The size of residential plots will be limited to 3 katha in Dhaka City and to 5 katha in other urban areas, for housing estates developed by the government and the private sector;

8. Necessary actions will be taken to enforce strictly the Building Code of 1993.

9. Arrangements of soft loans for housing will be made available for the poor; to this end, a special fund will be created by the government.

10. Rural housing will be given priority by the government through the provision of better access to land, finance, building materials and technology, following the model of Grameen Bank.

11. Houses for working women will be developed by the relevantcity, and town authorities;

12. The government will fund the local bodies to lop low cost houses in the coastal areas of Bangladesh.

A review of the performance of past plans:

Performance during (1973-1990)

During the period 1973-1990, land use master plans for 398 thana headquarters and master plans for 60 district towns were undertaken. Office accommodations in 44 district and thana headquarters were completed, and 13,918 serviced plots were distributed among people belonging to low income group. Around 6,860 squatter families were rehabilitated in different locations. Moreover, 17,480 flats, 252 dormitories at thana level, 1,065 office buildings, 2,033 union tahsiloffices and 362 thana land offices were constructed (GOB, 1998).

In case of rural water supply, the coverage was raised to 125 persons per tube- well in June 1990, from 238 persons per tube well in June 1973. A total of 918,125 water sealed latrines was distributed. This program, together with the home made latrines, enabled the government to cover 11 percent of the rural population under sanitation scheme. Water supply in Dhaka City rose to 546million liters per day (MLD) in June 1990, from 182 MLD in June 1973, covering 50 percent of the total city population, against 25 per cent in 1973. Sanitation coverage in Dhaka City through sewerage connection stood at 25 percent in June 1990, compared with only 10 percent in 1973. Water supply in Chittagong City increased to 136 MLD in June 1990, covering 45 percent of the city population, against coverage of 30 percent in 1973. Total water supply capacity in district towns was raised to 250 MLD, covering 41 percent of the total population by June 1990, against a coverage of only 10 percent in 1973.

Performance during fourth five year plan:

The Land-use master plans for 390 thanas and 60 district towns were completed. Preparation of master plans for Dhaka and Chittagong cities was initiated. The National Housing Policy was approved in 1993. Improvements of physical infrastructures for the secondary district towns were carried out. Core houses for 1,000 squatter families at Dattapara, Tongi were provided and 5,000 residential plots at Mirpur, Dhaka and 4,100 plots at Kaibalyadham, Chittagong, were developed and allotted to people of low income group. 3,000 residential flats in 44 newly created districts and 3,000 flats in Dhaka City were developed for public employees. RAJUK developed and provided 4,787 plots at Uttara, Dhaka. Private enterprises made a significant stride towards housing development in urban areas, and a number of NGOs undertook low-cost housing programs for the rural poor of the country (GOB, 1998).

At the end of the plan period, water supply facilities in the rural areas stood at one hand tube-well for 107 persons, compared with 125 persons in 1990. As a result of the joint efforts of the government and NGOs, sanitation coverage in the rural areas went up to 36 percent by the end of 1995, from 11 percent in 1990. By the end of this plan period, 65 percent of the population of Dhaka City was covered with piped water, 35 percent with sewer facilities and 25 percent with storm sewer facilities. In Chittagong City, water supply capacity increased to 159 MLD in 1995, covering 52 percent of the population. The Housing and Settlement Directorate (HSD), Dhaka City Corporation, Dhaka Water and Sewerage Authority (WASA), and the Environment Directorate implemented a package program for environmental improvement for Dhaka under the Dhaka Infrastructure Improvement Project (GOB, 1998).

Summary:

So far, the Government of Bangladesh has prepared 5 five year plans, a two-year interim plan, and a national housing policy. A number of housing strategies and prescriptions in these plans has been implemented. The emerging trend in the housing policy of Bangladesh, is the gradual shift of housing responsibility from the government to the private developers and non-governmental organizations. Despite the modest success of these plans, the government has failed to provide safe and sanitary housing for the great majority of people of the country. The reasons could be a limitation in government fund, huge housing shortage, and increasing population pressure of the country. Moreover, many of these housing programs were biased towards the high-income group, and housing standard was often kept exceedingly high. There are also instances of corruption and favoritism in plan implementation. In some cases, housing facilities for the low- income target group, were taken over by higher income people, mainly due to the lack of affordability of the former.

THE TOWN IMPROVEMENT ACT, 1953

Whereas it is expedient to make provision for the development, improvement and expansion of the [Capital of the Republic and Narayanganj and Tongi Municipalities] and certain areas in their vicinity by opening up congested areas, laying out or altering streets, providing open spaces for purposes of ventilation or recreation, demolishing or constructing buildings, acquiring land for the said purposes and for the re-housing of persons displaced by the execution of improvement schemes, and otherwise as hereinafter appearing.

CHAPTER III

Improvement Schemes and Re-housing Schemes

Section: 38: Whenever it appears to the (Kartripakkha), whether upon an official representation made under section 43 or without such a representation,-

(a) That any buildings in any area which are used or are intended to be used as dwelling places, are unfit for human habitation, or

(b) That danger to the health of the inhabitants of buildings in any area, or in the neighboring buildings, is caused by─

(i) The narrowness, closeness and bad arrangement and condition of streets or buildings or groups of buildings in such area, or

(ii) The want of light, air, ventilation or proper conveniences in such area, or

(iii) Any other sanitary defects in such area, or

(i) Providing building sites, or

(ii) Developing and improving any area, or

(iii) Remedying defective ventilation, or

(iv)Creating new, or improving existing, means of communication and facilities for traffic, or

(v) Affording better facilities for conservancy, it is expedient to lay out new streets or to alter existing streets (including bridges, culverts and cause-ways), or

(d) That it is necessary to provide in any area, parks, open spaces, playgrounds or similar amenities, or

(e) That it is expedient and for the public advantage to provide─

(i) Housing accommodation, or

(ii) Buildings for public use and convenience, or

(iii) An adequate water-supply, or

(iv) A drainage, and sewerage scheme,

Section: 40. An improvement scheme may provide for all or any of the following matters, namely

(a) the acquisition by the (Kartripakkha) of any land, in the area comprised in the scheme, which will, in their opinion, be required for the execution of the scheme or be affected by the execution of the scheme ;

(b) The laying out or relaying out of the land in the said area ;

(c) Such demolition, alteration or reconstruction of buildings situated on land which it is proposed to acquire inthe said area, as the (Kartripakkha) may think necessary.

(d) The construction of any buildings which the (Kartripakkha) may consider it necessary to erect for any purpose other than sale ;

(e) The laying out or alteration of streets (including bridges, cause-ways and culverts);

(f) The leveling, paving, metalling, flagging, channeling, and draining of the said streets and other provision therein of water, lighting and other sanitary conveniences ordinarily provided in a City or Municipality.

(g) The raising, lowering or leveling of any land in the area comprised in the scheme.

(h) The formation, retention or enlargement of open spaces.

(i) The augmentation of the present water-supply, or any other scheme for the improvement of the water-supply

(j) The making of a drainage and sewerage scheme including outfall works and

(k) Any other maters consistent with this Act which the (Kartripakkha) may think fit.

Section 41.Whenever it appears to the (Kartripakkha) that it is expedient in the interests of the public anal for the proper planning of the area included in any improvement scheme.

(a) That. any use of land should be discontinued, or that any conditions should be imposed on the continuance thereof; or

(b) That any building or works or factory should be altered or removed,

the (Kartripakkha) may pass a resolution to the effect and such resolution shall form part of the particulars of the scheme under clause (c) of sub-section. (1) of section 45.

Section 72: (1) If any person desires to erect, re-erect or add to any wall (exceeding ten feet in height) or building which falls within a street alignment or building line of a projected public street or within the area of a projected open space as shown in any plan sanctioned by the (Government) under sub-section (4) of section 70, he shall submit an application in writing to the Chairman for permission so to do:

Provided as follows:—

No such application shall be necessary for permission to erect or re-erect, between a building line and the street alignment,—

(a) A porch or balcony, or

(b) Along not more than one-third of the frontage, an out-house not exceeding fifteen feet in height.

(2) The Chairman shall in no case refuse an application submitted under sub-sec: ion (1) if the applicant executes an agreement binding himself and his successors-in-interest to remove, without compensation, any wall or building to which that application relates, in the event of the (Kartripakkha)

(a) Deciding (at any time after an improvement scheme has been sanctioned under section 50 for an area within which such building or wall is situated) that the said wall or building, or any portion thereof, ought to be removed, and

(b) Calling upon the owner for the time being, by writing notice, to remove the same within a time (not being less than sixty days from the date of the service of the notice) to be specified in the said notice.

(3) If the Chairman does not, within forty-five days after the receipt of an application under sub-section (1), grant or refuse to grant the permission applied for, such permission shall be deemed to have been granted.

(4) If the Chairman refuses permission to any person to erect, re-erect or add to any wall or building as aforesaid which falls

(i) Within the street alignment, or

(ii) Between the street alignment and the building line of a projected public street, or

(iii) Within the area of a projected open space, the owner of the land on which it was sought to erect, re-erect or add to such wall or building, may call upon the (Kartripakkha), at any time within three months from the date of such refusal either—

(a) To pay him compensation for any damage sustained by him in consequence of such refusal, or

(b) To acquire so much of his land as falls within the street alignment, or between the street alignment and the building line, or within the open space, as the case may be; and the (Kartripakkha) shall thereupon- in case (a), make full compensation to the said owner for any damage which he may be found to have sustained in consequence of such refusal, and in case

(b) Forthwith take steps to acquire the said land:

Provided that, in the case of such land as falls within street alignment only, it shall be optional with the (Kartripakkha) to acquire the same in lieu of paying compensation therefore.

(5) An appeal, if preferred within sixty days of the order of refusal under sub-section (4), shall lie to the (Kartripakkha) against such order, and the decision of the (Kartripakkha) on such appeal shall be final.

Section: 77. (1) All plans for the erection of buildings approved under the provisions of the [Paurashava Ordinance, 1977 (XXVI of 1977), and the Dacca Municipal Corporation Act, 1974 (LVI of 1974),] shall be submitted to the Chairman for sanction.

National Plan for Disaster Management

Bangladesh Climate Change Strategy and Action Plan

Infrastructure to ensure that existing assets (e.g., coastal and river embankments) are well

Maintained and fit-for-purpose and that urgently needed infrastructure (e.g. cyclone shelters

and urban drainage) is put in place to deal with the likely impacts of climate

National Housing Policy, 2008(Draft)

Objectives of draft National Housing Policy, 2008:

To provide the political, economic, environmental, technical, moral and spiritual guidance for suitable Housing and sustainable human settlement development for all;
To harmonize provisions of this regard provided by the United Nations Charter, international laws, national constitutions and other key provisions of various instruments;
To elevate all human rights, fundamental freedoms and the right to housing and other development showing respect for historical, cultural and religious backgrounds;

To apply Habitat Agenda harmonizing with the national laws, development priorities and policies without humiliating the religious and cultural dogma and values, cultural background, beliefs and rights of individuals and groups;

To ensure ‍all types of human rights in accordance with the United Nations and other international charters, the National Constitution and laws in order to-

Ensure everyone's equal right to access to the opportunities of housing, health, food and education regardless of race, religion, color, language, doctrine.

2. Eliminate Poverty to develop sustainable human settlement.

Ensure Economic growth, social development, and environmental protection, balanced distribution of settlement, fair use of resources, biological diversity, welfare and rights of present and future generations.
Develop quality of life on the basis of Social, economic, environmental and cultural resources, features of rural and urban materials and ranges, style and beauty, the type of land use, land and the density of population, communication system, and opportunity of housing and benefits of the citizens.
Preserve buildings and the areas of historical, religious, spiritual and architectural importance, natural beauty and environment.

Recognize and strengthen the position of family as the basic unit of the society.
Ensure appropriate housing and basic services and facilities for everyone through the participation and involvement of Public, private, voluntary and area-based organizations, cooperatives, NGO, individuals and groups.
Express solidarity with the basic needs of the backward, neglected and endangered populations.
Initiate separate program to provide housing opportunities for working women.

ImaratNirmanBidhimala, 2008

It is the revised version of building construction act 1952. The act is provided under town improvement act 1953 for Dhaka metropolitan jurisdiction area. A short review of the whole act is given below:

Gives definition of all construction related issues about building designs, authorities, specific issues such as- fire preventing equipments, doors, lifts etc all definitions and rules has been given according to building construction act 1952. All activities of this act will be administrated under the authorities defined by Town improvement act 1953. Definitions about constructions, designs, floors, FAR, registered structures; floor area ratio, land clearance certificate etc are also discussed.

This act describe about the conditions of land clearance, rejection, special project clearance and their validity, construction permission, construction related security and supervision.

Structural design, building services, building construction related committees, construction work basis worker and their classification have been presented,

Building construction regulations, Set back rules, plot division, maximum ground coverage regulations are spotted here.

Individual floor area ratio for different housing related constructions such as- educational institutions, road width facilities, floor and spaces, car parking facilities, regulations, fire security are also been spotted.

Specials considerations such as mixed use developments, minimum size of individual rooms as (bedroom, kitchen, bathroom, stair) etc are seriously included.

The act tells about the health and security facilities, Landscaping and park, construction and preservation rules for individual registered structures, Forest and flood based land development, notice, and special provision.

General rules (door, rooms, railing, stairs, lifts, parking) which is undertaken for general people has been included.

List of building construction permission fees all forms which is needed are included clearly at the end of this act. Such as application form for building clearance, set back all appeal form are presented.

The Building construction Act, 1952:

This act may be called the 4**. It extends to the whole of Bangladesh. It shall come into the areas to which notification no-2396 L.S.G dated on 26 July, 1951, relates on and from the date on which the East Bengal building construction ordinance 1951,as enacted and continued in operation by the East Bengal expiring laws act 1951. A short review of the whole act is given below:

Gives definition of all construction related issues about Authorized, Building, and owner in relation to building, committee. Prescribed (which means prescribed by rules under this act), tank, temporary building, hill. This act describe about restriction on construction of building and excavation of tank, restriction on improper use of lands and building. Power of removal of temporary building, Power of removal building under construction is presented in this act. The act tells about eviction of occupier, removal of Building by the provincial government, application for sanction, collection or sanction on branch of terms condition thereof. Entry into premises, exemption, penalty, Notice to offenders before obtaining sanction for prosecution, cognizance of offence, Bar to jurisdiction of civil court, appeal, public servant, indemnity, power to make rules are also discussed under this act. No owner of any building shall be entitled to any compensation under this act, if he had contravened any provision of the East Bengal Building construction ordinance, 1951.

GOVERNMENT AND HOUSING FOR THE POOR

Policy and Implementation in Bangladesh

A set of recommendations would be pretentious to end this paper as housing is an inadequately dealt vast area. A paradigm shift is required where housing should have a comprehensive, rather than piecemeal solution, dealing holistically with the issues of land, shelter, migration, slum, housing rights, income generation, poverty alleviation, environmental improvement, subsidy, resource optimization, priority, public-private cooperation, community participation, enablement, governance, gender etc. This includes the government assuming the role of a facilitator, rather than that of a provider, to enable individuals, groups and communities solving housing problems themselves and not stressing the public sector whose capacity is limited.

The government should intervene only to ensure access to such resources that may not otherwise be accessible and affordable to a majority of the population, or may require infrastructure and finances beyond individual’s capacity, e.g. land, finance, transport network, etc. It can be done by instituting regulations and guidelines through various agencies creating a congenial market environment. In this framework, intermediaries would be required to mediate resources to particular groups or individuals. Thus the government should pursue a strategy of development in partnership and by co-operation between public andprivate sectors.

The government never gave a concerted effort to solve the problem of the mass people. Political parties, who should ideally act to ensure fundamental human needs, had no agenda on housing. The policymakers, impotent in finding a solution with present wisdom, failed to adopt innovative means to provide land, materials and capital. People’s participation can provoke pro-people actions through policy maker, NGO and community co-operation. Adopted policies are not implemented as political commitments and stability is lacking. A democratically elected government’s policies should be pro-voter, a majority of whom are poor. Above all, it must possess the commitment and the willpower to solve the housing problem.

Bangladesh National Building Code-2006

In order to fulfills the law of building construction act 1952, the Government making/ preparing/ compilation the Bangladesh National Building code-2006. General building requirements, control and regulation, fire protection, building materials, structure design. Construction practices and safety, building services, alteration, addition to and change of use of existing building, sign and outdoor display are the application sector for the Bangladesh National Building code. Key plan, site plan, application for development work, building plan, building plan for multi- storied and other special building, preparation and signing of plans, side and rare open space, private garage, basement, entrance to the building, roof drainage, parapet, septic tank, landscaping that means building construction related everything are discribed under this act.

Rental of Residential Property Act

Statutory Conditions Respecting Mobile Homes and Sites

Section: 7. In addition to the statutory conditions set out in section 6, the following statutory conditions apply in respect of an agreement to rent a mobile home site or a mobile home:

(1) Other than withholding, on reasonable grounds, his consent to a subletting of the mobile home site, the lessee shall not restrict in any way the right of a lessee of a mobile home site from selling, renting or otherwise parting with the possession of a mobile home owned by

the lessee.

(2) The lessee shall not receive any compensation or benefit from any negotiations of the lessee to trade, sell, rent or otherwise part with possession of a mobile home situate on that site, unless provided for in a separate written agency agreement that is entered into by the

Lessee after the lessee has entered into the rental agreement and has moved onto the site.

(3) (a) The lessee of a mobile home site shall not require a lessee to pay a fee where the lessee is moving a mobile home to or from a site.

(b) Subsection (1) does not preclude a lessee from requiring a lessee to pay any reasonable expenses or damages which the lessee has actually incurred as a result of the moving or removing.

(4) (a) Except as provided in this condition, the lessee shall not restrict in any way the right of the lessee to purchase goods or services from the person of the lessee's choice.

(b) The lessee may set reasonable standards for mobile home equipment.

(5) The lessee is responsible for compliance with any municipal bylaws or other enactment in respect of the common areas of the mobile home park and the services provided by the lessee to the lessee in the mobile home park.

(6) The lessee is responsible for compliance with any municipal bylaws or other enactment in respect of the mobile home and the mobile home site on which it is located to the extent that the lessee is not responsible.

Building Act, 1996:

Building Act, 1996 was conducted according to Building Construction Act, 1952 (E.B. Act ii of 1952), \section 18, by the government. It focused on residential open space, building design and construction, land use, building height and foundation, ventilation system, fire escape, garage construction, road width, set back rules, boundary wall, parking space etc. It also conducted some rules about commercial building and hotel construction.

Private Residential Land Development Act, 2004

This act focuses on public residential project approval and layout plan and other features of it. Time period of this kind of project will be maximum 10 years according to layout plan. It also put emphasis on waste water treatment, sewerage treatment plant, building design, environment conservation, and existing topographical condition . It also provides space standard of urban community facility according to population size.

Ordinance

Dhaka city corporation ordinance 1983 or Chittagong city corporation ordinance 1982 or Khulna city corporation ordinance 1984

An ordinance to consolidate and amend the law relating to municipal administration of the city of Dhaka or Chittagong or khulna. Whereas it is expedient to pursuance of the proclamation of the 24^th day of March 1982, an in exercise of all powers enabling him in that behalf, the chief martial law administrator is pleased to make and promulgate the following ordinance.

Definition of building:

· “Building” includes any shop house hut outhouse shed stable or enclose built of any material and used for any purpose, and also includes a wall, well, veranda, platform, plinth and steps.

· “Building line” means a line beyond which the outer face or any part of an external wall of a building may not project in the direction of any street, existing or proposed.

Chapter II: Water supply and Drainage System

86. Water supply

1) Subject to any law for the time being in force, the Corporation may provide, or cause to be provided, to the City a supply of wholesome water sufficient for public and private purposes.

2) The corporation may and if so required by the government shall in the prescribed manner frame and execute a water supply scheme for the construction and maintenance of such works for the provision storage and distribution of water as may be necessary.

3) Where a piped water supply is provided the corporation may supply water to private and public premises in such manner and on payment of such charges as the by-laws may provide.

87) Private sources of water supply

1) All private sources of water supply within the city shall be subject to control, regulation and inspection by the corporation

(2) No new well, water pump or any other source of water for drinking prosperous shall be dug. Constructed or provided except with the sanctioned of the corporation.

3) The Corporation may by notice require the owner or any person having the control ol any private source of water supply used for drinking purposes.

a) To keep the same in good order and to clear it from time to time of silt, refuse and decaying matter;

b) To protect the same from contamination in such manner as the corporation may direct; and

(c) If the water therein is proved to the satisfaction of the corporation to be unfit for drinking purposes, to take such measure as maybe specified in the noticed to private the use of such water for drinking purposes.

88) Drainage

1) Subject to any law for the time being in force, the Corporation shall provide an adequate system of public drains in the city in the area and all such drains shall be constructed, maintained, kept, cleared and emptied with due regard to the heal and convenience of the public.

2) Every owner or occupier of any land or building within the city may, with the previous permission of the Corporation, and subject to such terms andconditions, including the payment of fees , as the corporation may impose, cause his drains to be emptied into public drains

3) All the drains shall be subject to control, regulation and inspection by the corporation and the Corporation may in such manner as the bylaws may provide, and require the provision, alteration, covering, clearing and closing of private drains.

Drainage schemes

1) The corporation may and if so required by the government shall prepare a drainage scheme in the prescribed manner of construction of drains at public and private expense and other works for the effective drainage and disposal of sewerage.

2) A drainage scheme as prepared under sub section 1 shall be submitted for approval to the government, which may approve it, reject it, or approve it subject to such modification as it may deem feet.

3) The drainage scheme as approved by the government shall be executed and implemented in such manures within such period and by such authority as may be specified by the government.

4) The Corporation may by notice require the owner of any building or lead within any city -

(a) To construct such drains within the building or land or the street adjoining such building or land as may be specified in the notice;

(b) To remove, alter or improve any such drains; and

85. Bathing and washing places

(1) the Corporation may from time to time -

(a) Set a part suitable place for use by the public for bathing, washing clothes, or for drying cloth;

(b) Specify the time at which and the sex of persons by whom such places may be used; and

2) No person shall establish, maintain or run a ham am or a bath for public use except under a license granted by the corporation in conformity with the conditions and terms of such licenses.

Public Water courses:

1) The corporation may with the previous sanction of the government, the declare any source water, river, tank, pond or public stream, or any part thereof within the city, which is not private to be a public water courses.

2) The corporation may in respect of any public water-courses provide such amenities make such arrangement for life savings execute such work, and subject to the provision of any law for the time begin in force relating to irrigation, drainage and navigation, regulate the use thereof, as the by-laws may provide.

93.Public ferries

The corporation may by by-laws provide for the licensing of boats and other vassals playing or hire in a public water coarse to be a public ferry a may entrust the management thereof to the Corporation, and three upon the corporation shall manage and operate the public ferry in such a manner and levy such tools as may be prescribed.

94) Public fisheries

The Corporation may, with the previous sanction of the government, declare any public watercourse as a public fishery, and there upon the right of fishing in such water course shall vest in the Corporation which may exercise such right in such manner as may be prescribed.

Chapter V: Town Planning

108. Master plan

The Corporation may, and if so required by the government shall, draw up a master plan for the city which shall, among other matter provide for -

(a) Survey of the city including its history, statistics, public services and other prescribed particulars.

(b) Development, expansion and improvement of any area within the city; and

(c) Restrictions; regulations and prohibitions to be imposed with recurred to the development of the sites, and the erection and re-erection of buildings within the city.

109) Site development schemes

1) Where a master plan has been drawn up under section 108 and such master plan has been approved, with or without any modifications by the government. no owner of lands exceeding such area as may be specified in this behalf in the master plan as so approved shall develop the site or erect a building or any plot of land covered by the provisions of a site development scheme to area in the prescribed manner.

2) among other matters, a site development scheme may provide for-

a) the division of the site into plots;

b) the street, drains and open spaces to be provided;

c) the land to be reserved for public purposes and to be transferred to the corporation;

d) the land to be acquired by the corporation;

e) the price of plots

f) the works that shall be executed at the cost of the owner or owners of the site or sites; and

g) The period during which the area shall be developed.

110) Execution of Site Development Schemes

1) The execution of a Site Development Scheme shall be subject to the inspection and control of the Corporation, and the Corporation give such directions with regard to the execution of the Scheme as may be necessary for the proper development site.

2) If any area is developed or otherwise dealt with in contravention of the provisions of the sanctioned Site development Scheme, the corporations may by notice require the owner of such area or the person who has contravened the provisions to make such alteration in the site may be specified in the notice as where such alteration is not made or for any reason cannot be carried out, the Corporation may , in the prescribed manner require and enforce the demolition of the offending structure; and notwithstanding anything to the country contained in any law, no compensation shall be payable for such demolition.

3) If an area for which a Site Development Scheme has been sanctioned is not developed within the period provided in the Site Development Scheme. and further extension is not allowed by the Corporation, or if the corporation is not in conformity with the terms of the Site Development Scheme., the Corporation may. In the prescribed manner, take over the development of the site and execute the necessary works^, and the cost incurred thereon by the Corporation shall be deemed to be a tax levied on the owner or owners under this Ordinance.

Chapter VI: Building Control

111) Regulations of buildings

1) If any building or anything fixed thereon, be deemed by the Corporation to be in a ruinous state or likely to fall or in any way dangerous to any inhabitant of such building or any neighboring building or to any occupier thereof or to passers-by, the Corporation may be notice required the owner or occupier of such building to take such action in regard to the building as may be specified in the notice if and there is default, the Corporation may take the necessary steps itself and the cost incurred thereon by the Corporation shall be deemed to be a tax levied on the owner or occupier of the building under this Ordinance.

2) If a building is in a dangerous condition, or otherwise unfit for human habitation, the Corporation may prohibit the occupation of such building till it has been suitable repaired to the satisfaction of the Corporation.

Paurashava Ordinance, 1977

An Ordinance to provide for the constitution of local govern institution in urban areas and to consolidate and amend certain laws relating to local government in such areas.

Whereas it is expedient to provide for the constitution of the local government institutions in urban areas to consolidate and amend certain laws relating to local government in such areas. No therefore in pursuance of Proclamation of the 20^th August 1975 and 8^th November1975. And in exercise of all powers enabling him in that behalf the president is pleasant to make the promulgate the following ordinance.

Definition of building

· “Building” includes any shop house hut outhouse shed stable or enclose built of any material and used for any purpose, and also includes a wall, well, veranda, platform, plinth and steps.

· “Building line” means a line beyond which the outer face or any part of an external wall of a building may not project in the direction of any street, existing or proposed.

Chapter II: Water Supply and Drainage system

73(I) A Paurashava shall, within the limits of the funds at its disposal, provide, or cause to be provided, to the Municipality a supply of wholesome water sufficient for public and private purposes.

2) A Paurashava may and if so required by the government shall in the prescribed manner frame and execute a water supply scheme for the construction and maintenance of such works for the provision storage and distribution of water as may be necessary.

3)Where a piped water supply is provided, the Paurashava may supply water to private and public premises in such manner and on payment of such charges as the by-laws may provide.

74)(1) All private sources of water supply within a Municipality shall be subject to control, regulation and inspection by the Paurashava.

(2) No new well, water pump or any other source of water for drinking prosperous shall be dug, constructed or provided except with the sanctioned of the Paurashava.

(3) A Paurashava may by notice require the owner or any person having the control of any private source of water supply used for drinking purposes-

a) To keep the same in good order and to clear it from time to time of silt, refuse and decaying matter;

b) To protect the same from contamination in such manner as the corporation may direct; and

c) .If the water therein is proved to the satisfaction of the Paurashava to be unfit for drinking purposes, to take such measures as may be specified in the noticed to private the use of such water for drinking purposes.

75)(1) A Paurashava shall, within the limits of the funds at its disposal, provide an adequate system of public drains in the Municipality area and all such drains shall be constructed, maintained, kept, cleared and emptied with due regard to the heal and convenience of the public.

(2) Every owner or occupier of any land or building within the city may, with the previous permission of the Paurashava, and subject to such terms and conditions, including the payment of fees, as the Paurashava may impose, cause his drains to be emptied into public drains.

(3) AH private drains shall be subject to control, regulation and inspection by the Paurashava and the Paurashava may, in such manner as the by-laws may provide, require the provision, alteration, covering, clearing and closing of private drains.

76)(1) A Paurashava may, and if so required by the prescribed authority shall, prepare a drainage scheme in the prescribed manner of the construction of drains at public and private expense, and other works for the effective drainage and disposal of sewerage.

(2) A drainage scheme prepared under subsection (1) shall be submitted for approval to the prescribed authority, which may approve it, reject it, or approve it subject to such modifications as it may deem fit.

(3) The drainage scheme as approved by the prescribed authority shall be executed and implemented in such manner, within such period and by such authority as may be specified by the prescribed authority.

4) A Paurashava may by notice require the owner of any building or lead within any Municipality-

(a) To construct such drains within the building or land or the street adjoining such building or land as may be specified in the notice,

(b) To remove, alter or improve any such drains; and

77) (1) A Paurashava may from time to time -

a) Set a part suitable place for use by the public for bathing, washing clothes, or for drying cloth;

b) Specify the time at which and the sex of persons by whom such places may be used; and

c) Prohibit, by public notice, the use by the public for any of the said purposes of any place not so set apart.

2) No person shall establish, maintain or run a ham is or a bath for public use except under a license granted by the Paurashava, and in conformity with the conditions and terms of such license.

78) (1) A Paurashava may provide dhobi Ghats for the exercise of their calling by washer men, and may by by-laws regulate the use of dhobi Ghats and levy fees for their use.

2)APaurashava may by by-laws provide for the licensing of washer men and the regulation of their calling.

79) (1) A Paurashava may, with the previous sanction of the prescribed authority, declare any source of water, spring, river, tank, pond, or public stream, or any part thereof within the Municipality, which is not private property, to be a public water-course. ‘

2) A Paurashava may, in respect of any public watercourses provide such amenities, make such arrangements for life saving, execute such work, and subject to the provision of any law for the time begin in force relating to irrigation, drainage and navigation, regulate use thereof, as the by-laws may provided.

80) (1) A Paurashava may, by by-laws provide for the licensing of boats and other vassals plying for hire in a public water- course and may proscribe the terms and conditions for the grant of licenses and the fees to be charged thereof.

I2) The Government may declare any part of a public water-course to be a public ferry and may entrust the management thereof to the Paurashava and thereupon the Paurashava shall manage and operate the public ferry in such manner and levy such tolls as may beprescribed.

80) A Paurashava may, with the previous sanction of the Government, declare any public watercourse as a public fishery, and thereupon the right of fishing in such water course shall vest in the Paurashava which may exercise such right in such manner as may

be prescribed.

Chapter V: Town Planning

91. A Paurashava may, and if so required by the prescribed authority shall, draw up a master plan for the Municipality, which shall, among other matters provide for -

a) A survey of the Municipality including its history, statistics, public services and other prescribed particulars.

b) Development, expansion and improvement of any area within the Municipality ;&

c) Restrictions; regulation and prohibitions to be imposed with regard to the development of sites, and the erection and re-erection of buildings within the Municipality,

96) 1)Where a master plan has been drawn up undetr section 95 and such master plan has been approved, with or without any -edifications by the prescribed authority, no owner of lands exceeding such area as may be specified in this behalf in the master plan 3S so approved, shall develop the site or erect a building or any plot of land covered by the provisions of a site development scheme auctioned to area in the prescribed manner.

2) Among other matters, a site development scheme may provide for-

a) the division of the site into plots ;

b) the street, drains and open spaces to be provided;

c) the land to be reserved for public purposes and to be transferred to the Paurashava;

d) the land to be acquired by the Paurashava;

e) the price of plots;

f) the works that shall be executed at the cost of the owner or owners of the site or sites; and

g) the period during which the area shall be developed.

97) (1) The execution of a Site Development Scheme shall be subject o he inspection and control of the Paurashava, and the Paurashava may give such directions with regard to the execution of the Scheme as may be necessary for the proper development site.

2) If any area is developed or otherwise dealt with in contravention of the provisions of the sanctioned Site development Scheme, the ‘Paurashava may by notice require the owner of such area or the person who has contravened the provisions to make such alteration in the site may be specified in the notice as where such alteration is not made or for any reason cannot be carried out, the Paurashava in the prescribed manner require and enforce the demolition of the offending structure; and notwithstanding anything to the country contained in any law, no compensation shall be payable for such demolition.

3) If an area for which a Site Development Scheme has been sanctioned is not developed within the period provided in the Site development Scheme, and further extension is not allowed by the Paurashava, or if the is not in conformity with the terms of the Site development Scheme, the Paurashava may, in the prescribed manner, take over the development of the site and execute the necessary and the cost incurred thereon by the Paurashava shall be deemed to be a tax levied on the owner or owners under this.

Chapter VI: Building Control

98)

§ No person shall erect or re-erect a building or commence to erect or re-erect a building unless the site has been approved, and the building plan has been sanctioned by the Pourashava.

§ A person intending to erect or re-crack a building, shall apply for sanction in the manner provided in the by-laws, and shall pay such fees as may be levied by the Pourashava with the previous sanction of the prescribed authority.

§ All building, applications presented under this section shall be registered in the manner provided in the by-laws, and shall be disposed of as early as possible, but not latter than sixty days from the date of the registration of the application, and if so order is passed on an application within sixty days of its registration, it shall be deemed to have been sanctioned to the extent to which, it does not contravene the provisions of the building by-laws, or of the master plan or site development scheme, if any.

§ A Paurashava may, for reasons to be stated in writing, reject a site plan or a building plan, but any person aggrieved thereby may appeal to the prescribed authority within thirty days of the order of rejection, and the order passed by the prescribed authority in appeal shall be final.

§ A Paurashava may sanction a site plan or a building plan subject to such modification or terms as may be specified in the order of sanction.

§ Nothing in this section shall apply to any work, addition or alteration which the Pourashava may, by-law, declare to be exempt.

99) (1) everyperson who have erected or re-erected a building shall, within thirty days of the completion of the building, report such completion to the Paurashava.

(2) The Paurashava shall cause every building which has been completed to be inspected, and if it has been constructed in violation or contravention of any provision of this Ordinance, the rules or the by-laws or of the master plan or site development scheme, if any, the Paurashava may require the alterations of the building so as to be in compliance therewith, and where such alteration is not possible, the Paurashava may require the building or any part thereof to be demolished, or on the application of the owner such building compound the offence, provided that no offence shall be so compounded if it involves any violation or contravention of the provisions of a master plan or of a sanctioned site development scheme.

(3) If a building is required to be demolished under the provisions of sub-section (2), and such requirement is not complied with within the specified period, the Paurashava may have the building demolished through its own agency, and the cost incurred thereon the Paurashava shall be deemed to be a tax levied on the owner or occupier of the, building under this Ordinance,

100) (1) If any building or anything fixed thereon, be deemed by the Paurashava to be in a ruinous state or likely to fall or in any way dangerous to any inhabitant of such building or any neighboring building or to any occupier thereof or to passers-by, the Paurashava may be notice required the owner or occupier of such building to take such action in regard to the building as may be specified in the notice, and if there is default, the Paurashava may take the necessary steps itself and the cost incurred thereon by the Paurashava shall deemed to be a tax levied on the owner or occupier of the building under this Ordinance.

2) If a building is in a dangerous condition, or otherwise unfit for human habitation, the Paurashava may prohibit the occupation of such building till it has been suitable repaired to the satisfaction of the Paurashava.

Municipal Administration Ordinance,1960

Ordinance No. X of 1960

(11^thApril 1960)

As modified up to 30^th June 1966

An ordinance to consolidate and amend the law relating to Municipal Administration in Pakistan.

Whereas it is expedient to consolidate and amend the law relating to Municipal Administration in Pakistan.

Now thereof, in pursuance of the Proclamation of the 7^th day of October,1958 and in exercise of all powers enabling him in that behalf, the President is pleased to make and promulgate the following Ordinance.

Chapter II Water Supply and Drainage

52. Water supply

1) A Municipal Committee shall, within the limits of the funds at its disposal, provide, or cause to be provided, to the Municipality a supply of wholesome water sufficient for public and private purposes.

2) A Municipal Committee may and if so required by the government shall in the prescribed manner frame and execute a water supply scheme for the construction and maintenance of such works for the provision storage and distribution of water as may be necessary.

3) Where a piped water supply is provided, the Municipal Committee may supply water to private and public premises in such manner and on payment of such charges as the by-laws may provide.

53. Private sources of water supply

1) All private sources of water supply within a Municipality shall be subject to control, regulation and inspection by the Municipal Committee.

2) No new well, water pump or any other source of water for drinking prosperous shall be dug, constructed or provided except with the sanctioned of the Municipal Committee.

3) A Municipal Committee may by notice require the owner or any person having the control of any private source of water supply used for drinking purposes-

a) To keep the same in good order and to clear it from time to time of silt, refuse and decaying matter;

b) To protect the same from contamination in such manner as the corporation may direct; and

c) If the water therein is proved to the satisfaction of the Municipal Committee to be unfit for drinking purposes, to take such measures as may be specified in the noticed to private the use of such water for drinking purposes.

54. Drainage

(1) A Municipal Committee shall, within the limits of the funds at its disposal, provide an adequate system of public drains in Municipality area and all such drains shall be constructed, maintained, kept, cleared and emptied with due regard to the heal and convenience of the public.

(2) Every owner or occupier of any land or building within the city may, with the previous permission of the Municipal Committee and subject to such terms and conditions, including the payment of fees, as the Municipal Committee may impose, cause his drains to be emptied into public drains.

(3) All private drains shall be subject lo control, regulation and inspection by the Municipal Committee and the Paurashava may, in such manner as the by-laws may provide, require the provision, alteration, covering, clearing and closing of private drains.

55. Drainage schemes

(1) A Municipal Committee may, and if so required by the prescribed authority shall, prepare a drainage scheme in the proscribed manner of the construction of drains at public and private expense, and other works for the effective drainage and disposal of sewerage.

(4) A Municipal Committee may by notice require the owner of any building or lead within any Municipality-

(a) To construct such drains within the building or land or the street adjoining such building or land as may be specified in the notice;

(b) To remove, alter or improve any such drains; and

56. Bathing and washing places

(1) A Municipal Committee may from time to lime -

(a) Set a part suitable place for use by the public for bathing, washing clothes, or for drying cloth;

(b) Specify the time al which and the sex of persons by whom such places may be used; and

(2) No person shall establish, maintain or run a ham am or a bath for public use except under a license granted by the Paurashava and in conformity with the conditions and terms of such license.

58. Public ferries

(1) A Municipal Committee may, by by-laws provide for the licensing of boats and other vassals plying for hire in a public water course and may prescribe the terms and conditions for the grant of licenses and the fees to be charged thereof.

(2) The Government may declare any part of a public water-course to be a public ferry and may entrust the management thereof Municipal Committee and thereupon the Municipal Committee shall manage and operate the public ferry in such manner p such tolls as may be prescribed.

60)

Public fisheries

1) A Municipal Committee may, with the previous sanction of the Government, declare any public watercourse as a public fishers there upon the right of fishing in such water course shall vest in the Municipal Committee which may exercise such right in manner as may be prescribe.

Local Government Ordinance, 1976

An Ordinance to provide for the constitution of local government institutions in rural areas and a consolidate and amend certain laws relating to local government in such areas.

Whereas it is expedient to provide for the constitution of local government institutions in rural areas and a consolidate and amend certain laws relating to local government in such areas.

Now thereof, institution pursuance of the Proclamation of the 20^thAugust, 1975 and 8^th 1975 and institution exercise of all powers enabling him in that behalf, the President is pleased to make and promulgate the following Ordinance.

Definition of building

“Building” includes any shop house hut outhouse shed stable or enclose built of any material and used for any purpose, and also includes a wall, well, veranda, platform, plinth and steps

Local Government (Union Parishad) Ordinance,, 1983

An Ordinance to provide for the constitution of Union Parishads for the unions in rural areas.

Whereas it is expedient to provide for the constitution of Union Parishads for the unions in rural areas and for matter incidental or ancillary thereof.

Now thereof, institution pursuance of the Proclamation of the 24^thMarch, 1982 and in exercise of all powers enabling him in that behalf, Chief Martial law Administrator is pleased to make and promulgate the following Ordinance.

Definition of building

· “Building” includes any shop house hut outhouse shed stable or enclose built of any material and used for any purpose, and also includes a wall, well, veranda, platform, plinth and steps.

Chittagong Development Authority Ordinance,1959

An Ordinance to provide for the development, improvement and expansion of the town of Chittagong and certain areas in its vicinity and the constitution of an Authority therefore.

Whereas it is expedient to make provision for the development, improvement and expansion of the town of Chittagong and certain areas in its vicinity by opening up congested areas, laying out altering streets, providing open spaces for purposes of ventilation or recreation, demolishing or constructing buildings acquiring land for the site purposes and for the re-housing of persons displaced by the execution of improvement scheme and otherwise as herein after appearing;

And whereas it is expedient that an authority should be constituted and invested with special powers for carry out the objects aforesaid.

Now thereof, institution pursuance of the Proclamation of the 7^th October, 1958 and in exercise of all other powers enabling him in that behalf, the Governor of East Pakistan is pleased to make and promulgate the following Ordinance.

Acquisition and Disposal of Land

Land Acquisition

75 (1) The Authority may for carrying out the purposes of this Ordinance acquire, by purchase, lease,and exchangeor otherwise any land orinterest in land and dispose of by sale, lease, exchange or otherwise, such land or any interest on such land.

(2) The acquisition of any land or interest in land for the Authority under this section, or for any scheme under this ordinance, shall be deemed to be an acquisition for a public purpose within the meaning of Land Acquisition Act of 1894 and the provisions of the said act shall apply to all such proceedings.

76. the Authority may enter into an agreement with any person for the acquisition from him by purchase, lease, or exchange, of any land or any interest in such land, which the Authority are authorized to acquire.

77(1) In any ease in which land in any area comprised in an improvement, development or re-housing scheme is not required for the execution of the scheme, the owner of the land or any person having an interest therein, may make an application to the Authority, requesting that the acquisition of the land should be abandoned in consideration of the payment by him of a sum to be fixed by the Authority in that behalf. The Authority may, after consideration of such application, abandon the proceedings for the acquisition ofsuch land and make it over to the applicant on payment by him sum fixed by the Authority in this behalf.

(2) The Provincial Government may prescribe the manner of disposal of application and determination of the amount of payment and

mode thereof, under sub-section (1) (3) If the Authority enters into any agreement with any owner regarding the partial acquisition of any land which it is authorized to acquire under this Ordinance, such land as is not required for the execution or the scheme may be abandoned from acquisition under

Khulna Development Authority Ordinance, 1961:

An ordinance to provide for the development, improvement and expansion of the town of Khulna and certain areas in its vicinity and the constitution of an authority therefore.

Whereas it is expedient to make provision for the development, improvement and expansion of the town of Khulna and certain areas in its vicinity by opening up congested areas, laying out or altering streets, providing open spaces for purposes of ventilation or recreation, demolishing or constructing buildings, acquiring land for the said purpose and for the re-housing persons displaced by the execution of improvement schemes, and otherwise as hereinafter appearing.

And whereas it is expedient that an Authority should be constituted and invested with special powers for carrying out the objects aforesaid.

Now therefore, in pursuance of the Presidential proclamation of the seventh day of October, 1958, and having received the previous instructions of the President, the Governor is pleased, in exercise of all powers enabling him on behalf, to make an promulgate of the following Ordinance, namely.

Acquisition and disposal of land

Land acquisition

76. (1) The Authority may, for carrying out the purposes of this Ordinance, acquire, by purpose, lease, and exchange or by sale, lease, exchange or otherwise such land or any interest on such land.

(2) The acquisition of any land or interest in land for the Authority under this section, or for any scheme under this ordinance shall be deemed to be an acquisition for a public purpose within the meaning of the land Acquisition, shall apply to all such proceedings.

(3) The Provincial Government, “if it considers expedient or necessary so to do, may by order E. B. act in writing, requisition and acquire any purpose (XIII of 1948) for the Authority under the provisions of 1948. The East Bengal (emergency) Requisition of property Act 1948 so long the said Act remains in force.

77. The Authority may enter into an agreement with any person for the acquisition form him by purpose, lease or exchange of any land or any interest in such land, with the Authority are authorized to acquire.

78. (1) In any case in which land in any are comprised in an Improvement, development or re-housing scheme is not required for the execution of the scheme, the ownedof the land or any person having an interest there in may make an application to the authority, requisition that the acquisition of land should be abandoned in consideration of the payment by him a sum to be fixed by the authority in that behalf. The Authority after consideration of such application, abandon the proceeding for the accusation of such land and make it over to the applicant on payment by him of a sum fixed by the Authority in this behalf.

(2) The Provincial Government may prescribe the manner of disposal of application and determination of the amount of payment and mode of their under sub-section (1)

(3) If the Authority enters into an agreement with any owner regarding. the particle acquisition of any land which it is Authorized to acquire under this Ordinance it is authorized to acquire under this ordinance, such land as is not required for the execution of the scheme may be abandoned form acquisition under sub-section (I).

79. (1) When by the making of any improvement, development or re-housing scheme, any land in the area comprised in the scheme which is not required for the execution thereof will, in the opinion of the Authority, be increased value, the authority, in framing the scheme, may in lieu of providing for the acquisition of land, declare that a betterment fee shall be payable by the owner of the land or any person having an interest their in respect of the increase in value of the land resulting from the execution, of the scheme.

(2) Such betterment fee shall be an amount equal to one-half of the increase in value of the land resulting from the executing of the scheme and shall be calculated upon the amount by the value of the land on the completion of the execution of the scheme estimated as if the land were clear of building exceeds the value of the land prior to the execution of the scheme estimated in like manner.

80. (1) When it appears to the Authority that improvement, development or re-housing scheme is sufficiently advanced to enable the amount of the betterment fee to be determined, the Authority shall, by a resolution passed in this behalf, declare for the purpose of determining such to the execution of the scheme shall be deemed to have been completed and shall the reopen give notice in writing to every owner of such land under section 79.

(2) The authority shall then assess the amount of betterment fee payable by each person concerned after giving such person an opportunity to be heard.

(3) Any person aggrieved by the assessment made by the authority under sub-section (2) may within 30 days from the date of such assessment, appeal to the provincial government whose decision shall be final.

81. When the amount of all betterment fees payable in respect of land in the area comprised in the scheme has been determined under section 80, the authority shall, by a notice in writing to be served on all persons liable to such payment shall be made, and an interest at the rate of five percent per amount outstanding shall be payable from that date.

82. Any person liable to the payment of a betterment fee may, at his opinion instead of making a payment there of to the authority, execute an agreement with the authority to leave the said payment outstanding as a change on his interest in the land, subject to the payment in perpetually of interest at the rate of five percent per amount, first an amount pay of such interest to be made on year from the date referred to in section 81.

Acquisition and Requisition of Immovable Property Ordinance, 1982

An Ordinance to consolidate and amend the law relating to acquisition and requisition of immovable property.Whereas it is expedient to consolidate and amend the law relating to acquisition and requisition of immovable property and to provide for matters connected there with and ancillary there to.

Now, therefore, in pursuance of the Proclamation of the twenty-fourth day of March, 1982 and in exercise of all powers enabling him in that behalf, the Chief Martial Law Administrator is pleased to make and promulgate the following ordinance.

Part-II

Acquisition

3. Publication of preliminary notice of acquisition of property:

Whenever it appears to the Deputy Commissioner that any property in any locality is needed or is likely to be needed for any public purpose or in the public interest, he will cause a notice to be published at convenient places on or near the property in the prescribed form and manner stating that the property is proposed to be acquired;

Provided that no property used by the public for the purpose of religious worship, graveyard and cremation ground shall be acquired.

11. Acquisition and Possession:

(1) When the compensation mentioned in the award has been paid or is deemed to have been paid in pursuance of section 10 the property shall stand acquired and vest absolutely in the Government free from all encumbrances, and the Deputy Commissioner shall thereupon take possession of the property.

(2) Immediately after the acquisition of the property under sub-section(1) A declaration by the Deputy Commissioner in the prescribed form to that effect shall be published in the Official Gazette.

12. Abatement or revocation of acquisition proceedings:

(1) Not withstanding anything contained in this Ordinance, where in any case compensation has not been paid or deposited within a period of one year from the date of decision of the Government [ the Divisional Commissioner or the Deputy Commissioner, as the case may be, for acquisition of the property under section 5 or the provision to section 4 (3) (b), as the case may be] for no fault of the person interested, all proceedings in respect of such acquisition shall, on the expiry of that period, stand abated and a declaration by the Deputy Commissioner to the effect shall be published in the official gazette.

(2) The Deputy Commissioner, with the prior approval of the Government, if the property exceeds ten standard bighas of land ] may, by notification in the official gazette, revoke all proceedings in respect of acquisition of any property at any time before the payment of compensation.

(3) When any proceedings stand abated or are revoked, the Deputy Commissioner shall make an award determining the amount of compensation due for the damage suffered by the owner in consequence of the notice or of any proceedings there under the costs reasonably incurred by him in the prosecution of the proceedings under this part relating to the said property and shall pay the compensation accordingly.

13. Acquisition of part of a house or buildings:

The provision of this part shall not be applied for the purpose of acquiring a part only of any house, manufactory or other building, if the owner desires that the whole of such of house, manufactory or building should be so acquired.

Provided that the owner, may, at any time, before the Deputy Commissioner has made his award under section 7, by notice in writing withdraw or modify his expressed desire that the whole of such house, manufactory or building should be so acquired.

Provided further that, if any question arises as to whether any property proposed to be taken under this part does or does not form part of a house, manufactory or building within the meaning of this section, the decision of the Deputy Commissioner shall be final.

The Rajshahi Town Development Ordinance-1976

An Ordinance to provide for the establishment of an Authority for the formulation and execution of plans and schemes for the development of Rajshahi Town and certain areas in its vicinity.

9. (1) The Authority shall, as soon as may be after the commencement of this Ordinance, collect maps and other relevant records, undertake physical survey and do such other things as it may deem necessary for the purpose of preparation of records of-
(a) existing drainage system, indicating its efficiency and deficiency;
(b) maps of all drains owned and maintained by Government or any local authority;
(c) maps of drains over private land forming part and parcel of the drainage system in the area to which this Ordinance extends;
(d) existing water supply and distribution system, location and capacity of different water works including deep tube-wells, overhead tanks, main water-supply pipe lines and the areas served by different water works indicating the efficiency and deficiencies of such water works;
(e) educational institutions, particularly primary and secondary schools, indicating their location, standard, number of pupils and the population of the area served by each such institution;
(f) existing public open spaces, play grounds for teenagers and other places of recreation, indicating their location, site, and the area and population served by each such open space, play ground or place of recreation;
(g) existing road system, traffic load and nature of traffic on different roads indicating the efficiency and deficiencies of the system; and
(h) properties including vacant lands owned by Government, local authorities, and corporations, indicating their present use.

(2) The records of existing services, facilities, public utilities and important public properties shall be preserved in printed maps, charts, graphs, and in such other written documents as the Authority may deem appropriate and printed copies of such records shall be made available to the public on payment of such fees as the Authority may determine.

10.(2) The general development plan shall broadly indicate,-
(a) future road system;
(b) future drainage system;
(c) future water supply system;
(d) future distribution of educational institutions, health service facilities, public open spaces and places of recreation;
(e) location of future industrial establishments and commercial centers;
(f) lands likely to be required for development projects the execution of which may commence within five years from the date of submission of the general development plan to the Government; and
(g) such other matters as the Authority may deem fit to indicate in it.

11. (1) The Authority shall, pursuant to the general development plan, prepare in the prescribed manner functional master plans relating to-
(a) land use zoning and land reservation;
(b) water supply, sewerage and drainage;
(c) roads, highways and traffic circulation; and
(d) community planning, housing, slum clearance and slum improvement.

(2) The Authority may, pursuant to the general development plan, call upon any local Authority or Government organization or institution dealing with electric supply, railways and tale-communications in an area to which this Ordinance extends to prepare functional master plans in respect of electric supply, railways and tale-communication and thereupon the local Authority or Government organization or institution shall prepare in the prescribed manner functional master plan in respect thereof.

13. (1) The Authority shall prepare in the prescribed manner and submit to the Government for approval specific development schemes for an area to which this Ordinance extends or any part thereof on the basis of the functional master plans, and all such development schemes shall contain plans for the proposed developments, including those for housing, if any, written reports, specifications of works, estimates of cost and proposed methods of financing. .

(c) Such demolition, alteration or reconstruction of buildings situated on the land which it is proposed to acquire in the said area as the Authority may consider necessary;
(d) The construction of any building which the Authority may consider it necessary to erect for any purpose, consistent with the provisions of this Ordinance, other than sale;

(e) Laying out or alteration of streets, drains, sewers, water supply pipe lines, bridges, cause ways and culverts;
(f)The leveling, paving, medaling, flagging, channeling, swearing, and draining of the said streets and provision therein of water, lighting, and other sanitary conveniences ordinarily provided in a municipality;
(i) The augmentation of the present water supply or any other scheme for the improvement of water supply;

(k) The acquisition and reservation of sites for construction of educational institutions, health centers, hospitals, power houses and electric sub-stations, bus, taxi and rickshaw stands and bazaars; and

19. (1) whenever any building, or any street, or any land or square or any part thereof, which is vested in a local Government body is situated within the area covered by any development scheme and is required for the purpose of such scheme, the Authority shall give notice accordingly to the Chief Executive Officer of such local Government body and such building, street, square, land or part thereof shall thereupon vest in the Authority.

(3) Where any land or building, not being a street or square, vests in the Authority under sub-section (1), no compensation shall be payable by the Authority to the local Government body concerned in respect of such building or land, if such building or land is required for a purpose similar to the purpose for which it was acquired, held or used by the local Government body.

24. (1) The Authorized Officer may, by a notice served in the prescribed manner, direct the owner of a building or tank the construction or excavation of which is in progress on the date of commencement of this Ordinance, not to proceed with the work anymore and to remove such construction or fill up such excavation within the period mentioned in the notice or within such further period as may be extended by the Authorized Officer, and the owner thereof shall, on payment to him of such compensation as the Authority may think fair and reasonable, remove the same within the period aforesaid.

(2) The provisions of sub-section (1) shall not apply to normal repairs to existing buildings.

26. (1) nothing contained in sections 23 and 24 shall apply to any building or tank owned by the Government.

36. All public streets, squares, buildings, lands or part thereof, vested in the Authority shall be maintained by the Authority itself or jointly by the Authority and any other local authority or agency under such arrangements made with the authority or agency concerned as the Authority may deem it necessary for proper upkeep and maintenance of such public streets, squares, buildings, lands or part thereof.

37. (1) Whenever the Authority is satisfied that execution of a development scheme has been completed in accordance with the plans and specifications sanctioned by the Government, the Authority shall pass a resolution to that effect and shall call upon the Paurashava to take over and to maintain the streets, drains, sewers, parks and other services and facilities provided by the Authority as and from such date as may be fixed by the resolution. .
(2) If the Paurashava on being called upon to take over the streets, drains, sewers, parks and other services and facilities under sub-section (1) is satisfied that the development scheme has been executed in accordance with the plans and specifications sanctioned by the Government, it shall inform the Authority of its intention to take them over, and by

(3) If the Paurashava fails to comply with the resolution of the Authority under sub-section (1) or fails to inform the Authority within three months of the reasons for non-compliance with the resolution of the Authority under sub-section (1), the Authority shall pass a resolution in its meeting requesting the Commissioner to ask the Paurashava to take over the streets, drains, sewers, parks and services and facilities for maintenance from such date as may be fixed by the Commissioner. .

(4) The Commissioner, on being requested by the Authority, shall fix a date, and thereupon from such date so fixed by the Commissioner such streets, drains, sewers, parks and services and facilities shall be public streets, drains, sewers and services and facilities and shall vest in, and be maintained at the expense of, the Paurashava.

(6) The Commissioner may, before fixing a date under sub-section (4), may ask the Authority to complete such other work as he may consider necessary for facilitating proper up-keep and maintenance, at reasonable cost, of the streets, drains, sewers, parks and services and facilities.

53. (1) The Chief Executive Officer or any person either generally or specially authorized by him in this behalf may, with or without assistants or workmen, enter into or upon any land in order-

(a) to make any inspection, survey, experiment, valuation, or enquiry;
(b) to take level of such land;
(c) to dig or bore into the sub-soil;
(d) to set out boundaries and intended lines of work;
(e) to make such levels, boundaries and lines by placing marks and cutting trenches; or
(f) to do any other thing;
whenever it is necessary to do so for any of the purposes of this Ordinance or any rules made thereunder or for the preparation or execution of any development scheme under this Ordinance:

Provided that no such entry shall be made without giving the occupier of the land at least twenty-four hours' previous notice of the intention to make such entry.

Real Estate Act, 2010

This act was developed for implementation, development and management of real estates and related issues.

In this act, definition of plot, layout plan, common space, registered certificate, plot, floor space and other related topics are given below:

This act also includes real-estate development, management, project, developer and their establishment, registration of developer, responsibilities etc.

The act also discuss the matters such as how the owner of plot can construct real-estate, what are the conditions of buying and selling real estate, the condition of hand hovering all documents and registration agreements, facilities of real estate.

Real-estate act gives a proper resolution which includes the rules of payment, confirmation of utility services etc.

How a buyer will pay the installments are also have been given. What actions will be taken in the failure of payment of installmentsare included here.

If the buyer wants to get back the land price, the act will give a brief about rules and regulation.

This act also discuss about all the punishments of all matters such as breaking of rules, working without registration allotment without notice, punishment for the mortgage of real estate etc.

Punishment will also be given if the promised building materials are not used. If any crime is happened by company, all kinds of fine will have to be paid. The act will reserve all the powers of application of rules and preservation.

Urban and Regional Planning

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Tuesday 10 June 2014

Compilation of Housing and Real Estate Act in Bangladesh

GOVERNMENT AND HOUSING FOR THE POOR

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