Why are construction regulations flouted?

Flouting the building construction regulations and ignoring the city development authorities' approval have become so rampant in Bangladesh that it will be nearly impossible to find any fully compliant building. One of the main reasons for Dhaka being an unliveable city is such habitual flouting of building regulations.

According to the Detailed Area Plan (DAP) for 2022-35, 95,000 new buildings were constructed in the capital during the 2006-2016 period, but only 4.6 per cent of the structures were built with proper approval of the Rajdhani Unnayan Kartripakkha (RAJUK). It is obvious that the violation of such regulations outside Dhaka would be worse, as government and local government agencies concerned there are lax about construction of structures. In Dhaka, the situation has reached such a point that almost no building owner considers the construction of floors beyond the RAJUK-approved limit an offence.

The RAJUK has lately acknowledged it and wants to legalise buildings by imposing fines depending on the extent of violations, at a meeting of the parliamentary panel on the Ministry of Housing and Public Works. Legalising the non-compliant structures is in discussion at a time when the capital development authorities are introducing a new floor area ratio or FAR, much to the disappointment of land developers and landowners who have plans to construct buildings. The introduction of the new FAR will drastically reduce the permissible total floor area of buildings, particularly those in non-posh areas. Despite strict opposition from different stakeholders, the RAJUK is moving forward with its plan, arguing that the areas where roads are narrower and population density is higher should have lower FAR.

There is no denying the fact that unauthorised building construction and floor construction beyond permissible limit have contributed greatly to the population density and narrow roads. But the question arises, who is responsible for such violations --- developers or building owners alone or RAJUK people too? As the sole agency for planning and supervising the development of the capital and its adjoining areas, the RAJUK has full responsibility for unplanned urban development. The organisation has offices in different parts of the capital to supervise construction and ensure all buildings and structures are constructed in compliance with relevant rules and regulations. Most people in our society are prone to violations of regulations for their own benefit, but if a statutory organisation like RAJUK plays the role of an onlooker, what is the justification for its existence? If the buildings constructed in the non-posh areas did not flout the regulations, the situation would not be so grave there. It would not be illogical to ask why one who is planning to construct a building on one's own land will suffer for violation of law by a construction company and inaction or failure on the part of RAJUK to ensure compliance of the legal provisions.

Sure enough, the merit of the new FAR is contentious but if it still wants to go ahead, it should attach due importance to other priorities. It should identify the violators of the building regulations and take strict measures against them. The mere imposition of fines will not help bring any ultimate benifit to the urban areas. If the violators can go scot-free or have their misdeeds justified by just paying some fines, it will simply encourage others to violate the regulations, turning the city more chaotic and unliveable.

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