Regulatory Requirements

CHAPTER 11

1/7/2023 SHESH RAJ KAFLE / CM / HCOE 1

1/7/2023 SHESH RAJ KAFLE / CM / HCOE 2
1/7/2023 SHESH RAJ KAFLE / CM / HCOE 3
 SAFETY REGULATIONS
• Implementation of many projects are
sometimes adversely affected due to unsafe
and working conditions causing minor or
serious accidents to people, environmental
pollution, health , damage to buildings,
property and machinery .

1/7/2023 SHESH RAJ KAFLE / CM / HCOE 4

 Such safety hazards / accidents occurs due to various
reasons such as :

1/7/2023 SHESH RAJ KAFLE / CM / HCOE 5

1/7/2023 SHESH RAJ KAFLE / CM / HCOE 6
1/7/2023 SHESH RAJ KAFLE / CM / HCOE 7
1/7/2023 SHESH RAJ KAFLE / CM / HCOE 8
1/7/2023 SHESH RAJ KAFLE / CM / HCOE 9
1/7/2023 SHESH RAJ KAFLE / CM / HCOE 10
1/7/2023 SHESH RAJ KAFLE / CM / HCOE 11
1/7/2023 SHESH RAJ KAFLE / CM / HCOE 12
1/7/2023 SHESH RAJ KAFLE / CM / HCOE 13
1/7/2023 SHESH RAJ KAFLE / CM / HCOE 14
1/7/2023 SHESH RAJ KAFLE / CM / HCOE 15
1/7/2023 SHESH RAJ KAFLE / CM / HCOE 16
 WORKMAN’S COMPENSATION BOARD

1/7/2023 SHESH RAJ KAFLE / CM / HCOE 17

1/7/2023 SHESH RAJ KAFLE / CM / HCOE 18
 Fire regulations and Insurance
• Fire Regulations
• nbc107.pdf

1/7/2023 SHESH RAJ KAFLE / CM / HCOE 19

 Fire Insurance

• Fire insurance is governed by Nepal fire tariff

2058, Nepal
• To Constitute fire under fire policy, there
should exist following three features:
– There should be actual ignition
– It should be fortuitous/accident in nature
– The property destroyed or damaged should not be
on fire in general way

1/7/2023 SHESH RAJ KAFLE / CM / HCOE 20

• Standard fire insurance policy covers two perils : FIRE
and LIGHTENING
• Fire insurance is governed by Nepal fire tariff 2058,
Nepal
• In addition to the above two perils, following perils can
also be covered by paying additional premium
– Explosion
– Flood and Inundation
– Storm, cyclone, hurricane
– Strike, malicious damage
– Subsidence and landslides
– Earthquake fire and shock
– Aircraft damage etc
Rates under Nepal fire tariff are based on class of
construction, type of commodity and type of occupancy

1/7/2023 SHESH RAJ KAFLE / CM / HCOE 21

 Environment Concerns and
Protection

1/7/2023 SHESH RAJ KAFLE / CM / HCOE 22

 Concept of Environmental Laws and Policies
• Laws are set of rules, norms and values with binding force of enforcement
or sense of punishment. Laws without sense of punishment are called
Policies. Policies are related to moral but not bound by enforcement.

Sources of Law:
• Primary Sources (e.g. Legislation, Precedent, Customs)
• Secondary sources(e.g. Decision of foreign court, Experts’ writing,
International law)

Environmental Law
• Environmental laws are those rules, norms, values and practices which
relate primarily to the protection of the whole or part of the environment
such as air, water and land against pollution and misuse and the protection
of ecosystem together with those ancillary issues which help to explain the
areas such as public participation, access to information, remedies and
procedures.

1/7/2023 SHESH RAJ KAFLE / CM / HCOE 23

 Concept of Environmental Laws and Policies
• Environmental laws are different from other common laws where the true
objective is the protection of public health or individual people such as
workers or consumers.

• Environmental law, in its broadest sense, is an essential tool for achieving

sustainability. It requires standards of social behavior and gives a measure
of permanency to policies.

• Environmental laws are based on scientific understanding and a clear

analysis of social goals. These laws should set out rules for human conduct
which is followed and should lead to communities’ living within the
capacity of the earth.

1/7/2023 SHESH RAJ KAFLE / CM / HCOE 24

 Concept of Environmental Laws and Policies
Main Issues of Environmental Law Regarding Protection of Environment
• Right to get healthy and hygienic environment.
• Right to equity.
• Environment versus Development.
• Wise use of natural resources.
• Transfer of technology.
• Transfer of fund.
• Soft law.
• Hard law.
• Framework (skeleton) and Protocol (action plan) aspect of International
Environmental Law making process.
• Institutional mechanisms for implementation of International
Environmental Law.
• Benefit sharing.
• Permanent sovereignty over natural resources.
• Centralized International Environmental Law making process.

1/7/2023 SHESH RAJ KAFLE / CM / HCOE 25

 Emerging Principles of International Environmental Laws
• Precautionary Principle
• Polluter Pays Principle
• Principle of EIA
• Principle of Sustainable Development
• Principle of Inter-Generational Equity
• Principle of Common but Differentiated
Responsibility
• Principle of Strict Liability
• Doctrine of Public Trust
• Permanent Sovereignty over the Natural
Resources, PSNR

1/7/2023 SHESH RAJ KAFLE / CM / HCOE 26

 Implementation Status of Environmental Law in Nepal
 Nepal, being the member of the UN and other international as well as
regional organization such as SAARC, SACEP and ICIMOD, has been
playing significant role in the field of environment protection.

 Nepal has joined the international efforts as being party to several

conventions and/or as participating country for the non-legally binding
instruments.

 Nepal participated the UN Conference for Human Environment (UNCHE)

at Stockholm. It continued to participate several meetings and conferences,
and actively participated in ‘Earth Summit’ on June 1992 which adopted
agenda 21, a blue print of action plan on environment and development for
the 21st century.

 These affiliations, other influence and internal initiatives have caused Nepal
to become a party to number of environmental instruments. Nepal has
ratified of or acceded to 16 environment related conventions.

1/7/2023 SHESH RAJ KAFLE / CM / HCOE 27

 Implementation Status of Environmental Law in Nepal

Some of the Laws and Policies related to Environment Protection in Nepal

1. Statutory Provisions

• Nepal has a separate act Nepal Treaty Act, 1991, that deals with international
treaties and agreements. Under the act, formal implementation of treaty
obligation shall be in the form of legislation and other policy measures.
Section 9 (1) of the Act specifies that when matters in a treaty inconsistent
with existing domestic laws, these laws shall be void to the extent of
inconsistency and the provisions of the treaty shall prevail as the law of
Nepal

1/7/2023 SHESH RAJ KAFLE / CM / HCOE 28

 Implementation Status of Environmental Law in Nepal

Some of the Laws and Policies related to Environment Protection in Nepal

2. Ramsar Convention, 1987 (Conservation of Wetlands)

Legislative measures
• Aquatic Life Protection Act, 1961
• Soil and Watershed Conservation Act 1982
• Water Resources Act, 1992

Policy Measures
• EIA Guidelines 1992
• National Environmental Policy and Action Plan (NEPAP)

1/7/2023 SHESH RAJ KAFLE / CM / HCOE 29

 Implementation Status of Environmental Law in Nepal
3. World Heritage Convention, 1972

Legislative measures
• Ancient Monuments Protection Act, 1956
• The Town Development Act 1988
• Kathmandu Valley Development AuthorityAct, 1988
• National Parks and Wildlife Conservation Act,1972

Policy Measures
• National Conservation Strategy
• National Environmental Policy and Action Plan (NEPAP)

1/7/2023 SHESH RAJ KAFLE / CM / HCOE 30

 Implementation Status of Environmental Law in Nepal
4. Convention on International Trade in Endangered Species of Wild Flora
and Fauna, 1973 (CITIES)

Legislative measures
• National Parks and Wildlife Conservation Act,1972

Policy Measures
• National Conservation Strategy

1/7/2023 SHESH RAJ KAFLE / CM / HCOE 31

 Implementation Status of Environmental Law in Nepal
5. Vienna Convention for the Protection of the Ozone layer 1985
and Montreal Protocol on Substances that Deplete the Ozone
Layer, 1987

Legislative measures

• Motor Vehicle and Transportation Management Act, 1956

• Industrial Enterprises Act 1992
• Environment Protection Act, 1997
• National Parks and Wildlife Conservation Act,1972

Policy Measures
• National Conservation Strategy
• National Environmental Policy and Action Plan (NEPAP)

1/7/2023 SHESH RAJ KAFLE / CM / HCOE 32

 Implementation Status of Environmental Law in Nepal
6. Basel Convention on the Control of Transboundary Movement of
Hazardous Wastes and their Disposal, 1989

 Nepal acceded to the Basel Convention on 15 October 1996 and has not yet
taken any specific action to implement it through legislation or policy. The
existing Solid waste Management and Resource Mobilization act, 1986 is
inadequate to fulfill the objectives of the convention.

7. United Nations Conference on Environment and Development,

(Convention on Bio Diversity) Rio Declaration 1992
Legislative measures
 Aquatic Life Protection Act, 1961
 National Parks and Wildlife Conservation Act, 1972
 Water Resources Act, 1992
 Electricity act, 1992
 Forest Act, 1993
Policy Measures
 National Conservation Strategy, 1987
 National Environmental Policy and Action Plan(NEPAP)
1/7/2023 SHESH RAJ KAFLE / CM / HCOE 33
 Implementation Status of Environmental Law in Nepal
Environment protection Act 1997

• Environment protection act 1997 has been enacted to make legal provisions in
order to maintain clear and healthy environment by minimizing, as far as
possible, adverse impacts likely to be caused from environmental degradation
on human beings, wildlife, plants, nature and physical objects; and to protect
environment with proper use and management of natural resources, taking into
consideration that sustainable development could be achieved from the
inseparable interrelationship between the economic development and
environment protection.

• For the sustainable development of the economy, there should be a good

harmony and interrelationship among the components of natural, cultural and
social systems, economic and human activities and their components.

1/7/2023 SHESH RAJ KAFLE / CM / HCOE 34

 Implementation Status of Environmental Law in Nepal
Salient Features
 The Act defines not only the ‘Environment, but also defines ‘IEE’ and ‘EIA’, which
must be submitted for approval before implementing any development proposal.

 Section 3, 4, 5 and 6 of the Act contains the provisions for IEE, EIA and
procedures for getting approval to implement a proposal.

 Section 7 of the Act talks about prevention and control of pollution.

 Section 8 of the Act talks about appointment of the ‘Environment Inspector’ for
effectively carrying out the acts of mitigation, avoidance or control of pollutions.
 Section 9 of the Act talks about protection of national heritage.

 Section 10 of the Act has enforced a provision which authorizes GoN to declare
any area containing natural heritage or aesthetic and rare wildlife, biological
diversity, plant and places of historical and cultural importance, which are
extremely important from view point of environment protection, as ‘Environment
Protection Area’.

 The Act contains provision for establishment of laboratories to help the act for
environment protection and pollution control.
1/7/2023 SHESH RAJ KAFLE / CM / HCOE 35
 Implementation Status of Environmental Law in Nepal
Salient Features
 The Act contains a provision of compensation to the sufferer or plaintiff of the pollution
or any act adverse to the healthy and hygienic environment from the person or
organization doing such act.
 The Act talks about establishment and operation iof ‘Environment Protection
Fund’ which shall be utilized for environment protection and pollution control.
 The Act empowers Ministry of Environment to prohibit the use of any matter, fuel,
equipment or plant which creates adverse effects on the environment and authorizes
MoE to approve all EIA reports.

Shortcomings of the Act

 The Act has not recognized the public participation in a well and effective way in the
context of carrying out EIA and IEE, though there is a provision of notification and
feedback collection mechanism from the local public.
 It will be better to include EIA guideline mandatory under section 23.
 Prevention and control of pollution provision of the act is not effective and almost dead
in practice.
 No appointment of Environment Inspectors till date.
 No separate section for bio diversity conservation.
 Laboratories have not been established till date.
 No ‘Environment Protection Fund till date.
 Provision of Punishment must be reviewed and limit should be fixed scientifically and
logically.
1/7/2023 SHESH RAJ KAFLE / CM / HCOE 36
 Global Environmental Issues
Environment
 This is a difficult word to define. Its actual meaning relates to
‘surroundings’. As per EPA 1997, Environment is defined as consisting of
“all, or any, of the following media, namely, the air, water and land.”

 Word "environment" is most commonly used describing "natural"

environment and means the sum of all living and non-living things that
surround an organism, or group of organisms. Environment includes all
elements, factors, and conditions that have some impact on growth and
development of certain organism.

 Environment includes both biotic and abiotic factors that have influence on
observed organism. Abiotic factors such as light, temperature, water,
atmospheric gases combine with biotic factors (all surrounding living
species).

 Environment often changes after some time and therefore many organisms
have ability to adapt to these changes.

1/7/2023 SHESH RAJ KAFLE / CM / HCOE 37

 Global Environmental Issues
 The present world is suffering from different kinds of environmental
problems. In fact, there is the conflict between environmental values and
development.

 Neither we can abandon the development in the name of environment nor

we can ignore the environmental values in the name of the development.

 For this reason, there must be the proper balance between environment and
development.. But with the advancement of new science and technology,
the environmental problems are still being intensified.

 The followings are the burning issues related to degradation of environment

of the present world.

◦ Depletion of Ozone layer

◦ GHGF Emissions (CO2, CFC, Methane)
◦ Disruption of Bio-Diversity
◦ Global warming (Climate Change)
◦ Trans boundary Water Pollution

1/7/2023 SHESH RAJ KAFLE / CM / HCOE 38

 National Building Code, Building Byelaws and other Regulatory
Requirements applicable in Construction Industry

1/7/2023 SHESH RAJ KAFLE / CM / HCOE 39

 National Building Code
 Most of the buildings in Nepal, including engineered ones also, are highly
vulnerable to earthquake of even moderate intensities due to lack of knowledge of
earthquake safety measures.

 As of recent years, most of the uncontrolled building construction each year are
rapidly producing structures of unacceptable standard and are prone to the risk of
damage or collapse under earthquake.

 An earthquake in 1988 in eastern Nepal resulted in more than 600 deaths and more
than 20,000 buildings collapse or damage, including many hospital and school
buildings.

 As a result, it drew attention and government became conscious and

ultimately developed ‘National Building Code’.

 National Building code provides both regulations and guidelines for the
construction of buildings in all areas of Nepal.

 Although the National Building Code (NBC) came into existence in 1994, it was
approved by the government Nepal only in 2003 through a decision of the Cabinet.

1/7/2023 SHESH RAJ KAFLE / CM / HCOE 40

 National Building Code

 The four different levels of sophistication of design and construction

that are being addressed in National Building Code are as follows:
Part I: International State- of –the Art
 The code NBC 000 lies within this. This code is applicable to the
modern and sophisticated building such as BICC which are
constructed considering the building codes of the developed
countries.
Part II: Professionally Engineered Buildings
 These are the standard code requirements that all professionally
qualified engineers will recognize and follow when designing
buildings in Nepal. It covers all usual structures such as hospitals,
meeting halls, factories, warehouses, multistoried buildings and
residential buildings , of which plinth area is greater than 1000
square feet, storey more than 3 numbers and structural span greater
than 4.5 meters. Related Codes are: NBC 101 to 114 and NBC 206
to 208.
1/7/2023 SHESH RAJ KAFLE / CM / HCOE 41
 National Building Code
Part III: Mandatory Rules of Thumb
 This section recognizes that it is not practical at present to insist that
all buildings with plinth are less than or equal to 1000 square feet,
storey less than or equal to 3 numbers and structural span less than
or equal to 4.5 meters be designed by a professional Engineer.
Therefore buildings not exceeding the above criteria can be
designed based on Mandatory Rule of Thumb as defined by this
code. Such buildings can be designed and constructed under the
supervision of middle level technicians. The explanatory documents
are such that an experienced mason should be able to understand
them and present sufficient details at the time of permit application
to prove to a skilled appraiser at the authority that the requirements
have been met.

 The document consists of:

◦ Mandatory Rules of Thumb: RC Buildings with Masonry Infill (NBC
201)
◦ Mandatory Rules of Thumb: RC Buildings without Masonry Infill
(NBC 205)
◦ Mandatory Rules of Thumb: Load Bearing Masonry (NBC 202)
1/7/2023 SHESH RAJ KAFLE / CM / HCOE 42
 National Building Code

Part IV: Guidelines for Remote Rural Buildings

• These guidelines address about typical building styles that have been
condensed from an inventory of approximately 40 intensive surveys.
These guidelines will emphasize those changes that should be made
to current practices to improve the seismic resistance of these
buildings which are not subject to modern quantitative analysis and
rational design consideration. These structures are normally earthen
construction (Unfired masonry, mud mortar, rubble, dry stone etc.)

• The document consists of :

• Guidelines for Earthquake Resistance Construction: LSM (NBC 203)
• Guidelines for Earthquake Resistance Construction: Earthen Buildings
(NBC 204)

1/7/2023 SHESH RAJ KAFLE / CM / HCOE 43

 National Building Code
• To check the code provision for the building before they give the
construction permit DUDBC has developed following forms to be
submitted with the application form and the required drawings.

• Form for Architectural Design Requirement NBC 206:2003

• Form for Structural Design Requirement NBC000:1994 to NBC 114:1994
• Form for Electrical Design Requirement NBC 207:2003
• Form for Sanitary and Plumbing Design Requirement NBC 208:2003

1/7/2023 SHESH RAJ KAFLE / CM / HCOE 44

 National Building Code
Roles of National Building code

• Maintaining uniformity for materials and technology

• Accounting for safety measures (Safety, comfort and Use value)
• Focusing on earthquake resistant buildings
• Emphasizing for use of spaces within the buildings
• Guiding to Engineers, sub-Engineers and masons
• Flowing information and standards regarding architectural, electrical and
sanitary designs.
• Servicing as a basic document tio the local bodies for checking the designs
submitted fro approval by the individuals/public.

• It is a matter of pride for us that we have developed NBC and already have
put in implementation. But still construction of buildings as per the spirit of
the code is not happening due to several constraints such as resource lack,
lack of effective coordination, poor monitoring and evaluation mechanisms.
1/7/2023 SHESH RAJ KAFLE / CM / HCOE 45
 Building Bye-laws

• It is mandatory to have building permission from concerned Urban

Development Office, Metro and sub Metro- politan Cities, Municipalities
and VDCs. There are building bye-laws prepared by concerned Town
Development Committees and are followed by the municipalities and
VDCs of the country. Building by-laws are prepared to ensure public health
and safety, planned urban development and planned built environment.
Broadly by-laws have three components:
Building Bylaws
• It deals with-
• Right of Way (ROW)
• Set back
• Floor Area Ratio (FAR)
• Ground Coverage Ratio (GCR)
• Height of the Building
• Guidelines for Cultural Heritage Zone
• Clearance required from important sites etc.

1/7/2023 SHESH RAJ KAFLE / CM / HCOE 46

 Building Bye-laws

Planning Bylaws:
• Planning bylaws deals with the elements like
• Land use,
• Size of the plot
• Area and its depth and width ratio
• Length of cul-de-sac
• Area of open space
• Public facility requirements etc.

Enforcement Bylaws
• It deals with-
• Enforcement process at various stages like during designin of building,
during construction, in issuance of completion certificate and in using the
constructed facilities

1/7/2023 SHESH RAJ KAFLE / CM / HCOE 47

 Housing legislations

• National Housing survey 1991

• Building Act 2055
• Town development Act 2045
• Local Self Governance Act 2055
• Apartment Act 2054
• National Building Code Implementation procedures 2060
• Building construction directives 2060
• Building regulations 2062Natinal Shelter policy 2053
• National Urban Strategy 2061 etc.

1/7/2023 SHESH RAJ KAFLE / CM / HCOE 48

1/7/2023 SHESH RAJ KAFLE / CM / HCOE 49
1/7/2023 SHESH RAJ KAFLE / CM / HCOE 50
1/7/2023 SHESH RAJ KAFLE / CM / HCOE 51
 Thank You

1/7/2023 SHESH RAJ KAFLE / CM / HCOE 52