The Ministry of Urban Development has endorsed the Earthquake-Affected Buildings Operation Permit Directive 2015 which authorises the government to take stringent steps to ensure the safety of people and protect them from earthquake affected buildings.

Officials said that unsafe buildings could be ordered to be demolished under the directive even though it does not clearly mention such a provision.

The directive will apply to government buildings, group housing and apartments, private and government hospitals, schools, department stores, shopping malls, cinema halls, theatres and star hotels which were affected by the April 25 earthquake.

Even though the Department of Urban Development and Building Construction (DUDBC) has observed substantial damage caused to some high-rises in Kathmandu, it has not been able to order the builders to take specific measures in the absence of a concrete policy. Building Act 1998, which was amended in 2007, does not permit the DUDBC to impose tough measures on the builders including demolition.

As per the directive, owners of buildings affected by the earthquake will have to submit two copies of the construction permit, construction completion certificate, building plan approval certificate and the Detailed Damage Evaluation (DDE) to the DUDBC.

Moreover, the builders will also have to highlight the amount of damage, explain why the damage has occurred and what can be done to mitigate the impact.  

The directive prepared by the DUDBC has classified the damage sustained by a particular building into three categories—structural failure, structural crack or damage and masonry wall crack. All the damage has to be justified properly, the floor plans of all the storeys in a building have to be submitted, and the indication of the damage has to be made as per the procedure set by the directive.

The directive requires builders to give priority to the use of alternative panel material to replace brick masonry in infill walls, submit the DDE in case of structural failure, submit the actual measurement of the seismic joint and design bordering walls based on the seismic load design.

In case of structural damage, the builder will have to conduct a non-destructive testing (NDT) before and after the building comes into reuse. “In the absence of a legal directive, we were not able to tell builders what to do to keep high-rises safe,” said Raju Man Manandhar, division chief at the Division Office Kathmandu, DUDBC. “The new directive will allow us to make decisions and monitor its implementation The directive has even allowed us to order developers to demolish a building if needed.”

According to Manandhar, the DUDBC conducted a rapid investigation immediately after the April 25 earthquake and subsequent aftershocks which damaged a large number of high-rise buildings in Kathmandu.

The process was followed by marking the buildings with red, yellow and green stickers signifying, respectively, unusable immediately, needs some repair but usable and absolutely safe for use. The DUDBC then asked the property builders to submit a DDE by making an assessment through a third party.

The individual or company involved in the assessment will have to satisfy government officials regarding the safety status of a house. The detailed report should also include a maintenance plan.

“We will study these assessments, visit the apartment buildings and check if the details and figures mentioned in the assessment are true,” said Manandhar, adding that the department could now make decisions on the fate of high-rises in Kathmandu.

The directive has also determined the approval procedure for bringing the building back into operation.

If a house is found to have suffered general or minor damage, the Kathmandu division head of the DUDBC can issue the approval based on the recommendation of the assessment team.

In case of buildings sustaining structural damage, the DUDBC can order the builder to carry out damage restoration work. Once it is completed, the government agency will conduct an NDT. If the NDT gives a positive result, the division head can approve the repairs done to the building.

Likewise, in case of structural failure, the DUDBC will present a report prepared by a review consultant at a specialist panel meeting and recommend further actions to repair the building.  

The directive has also stated that only buildings that have acquired a building operation permit will be financed by banks and financial institutions. The government can freeze the assets of a builder or house owner disregarding the directive.

According to Manandhar, the DUDBC has completed a study of 23 out of the 46 apartment buildings in Kathmandu, and it will soon tell the builders what to do next. It will also issue a directive to public buildings.

•   To apply to government buildings, group housing and apartments, private and government hospitals, schools, department stores, shopping malls, cinema halls, theatres and star hotels.
•    Damage sustained by a particular building to be classed into three categories—structural failure, structural crack or damage and masonry wall crack.
•     The government may even direct developers to demolish a building if it is found to have suffered structural failure.
•    Only buildings that have acquired a building operation permit from the DUDBC will be financed by banks and financial institutions. If builders or house owners fail to abide by the directive, the government can freeze their assets.