Across urban Nepal, a growing number of hospitals, schools, offices and grocery stores are housed in residential buildings. The misuse of buildings is so widespread that many even don’t know it’s illegal.

Rudra Pangeni: Centre for Investigative Journalism-Nepal

In August 2016, the offices of Road Improvement Project under the Department of Roads moved from Sangam Chowk of New Baneshwar to a house in Battisputali neighbourhood of Kathmandu. While the previous building had ample parking and brightly-lit rooms, the new building was about 300 metres from Ram Mandir, the local landmark, had a small parking area and lacked sunshine.

Though infrastructure and services were worse than in the previous building, the monthly rent was hiked by Rs 40,000. The office had paid Rs 150,000 for the house at New Baneshwar while the rent for the new building cost Rs 190,000. At present, the office has rented the building for Rs 209,000.

The Department of Railways had shifted to its own office in Bishalnagar after renting the same building for five years. Two years before it vacated the building, the Department of Railways had raised the rent of the house to 165,000 after an increase of Rs 15,000.

In 2011, the Department of Railways and Metro renamed as the Department of Railways under the Ministry of Physical Infrastructure. The Department rented a separate building as part of its expansion. A notice for rent was issued. After completing the paperwork, the Department rented a house in the alleys for Rs 150,000.

Deep Basnyat, who was the Secretary of the Ministry of Physical Infrastructure at the time, was involved in this. After retiring, Basnyat was appointed the Commissioner of Investigation of Abuse of Authority (CIAA), an anti-corruption institution, in March 2014. Soon after, the rent of the house increased. Since the Department did not have the required funds, the Ministry of Finance was pressurized into allocating budget. So the rent was increased to Rs 165,000.

There’s nothing unusual for a homeowner to rent out his or her home to earn money. But Basnet had charged exorbitant rent to a department office under the ministry, in which he served as the secretary. The Public Procurement Act has defined such practice as conflict of interest. It’s also corruption.

More serious was the fact that the Secretary Basnyat (he later served as the Chief Commissioner of the CIAA) had openly violated the law by renting out his home for office. Basnyat didn’t respond to repeated calls and text messages.

Allowing residential homes to be used for office is against building codes and building standards. Several regulations including National Building Code of 2009, Bylaws on Settlement Development, Urban Planning and Building Construction, 2015 and Kathmandu Metropolitan City’s Building Construction Criteria, 2018 have barred residential buildings from using it for any other purposes. The 3^rd point of the Kathmandu Metropolitan City’s Building Construction Criteria states, “Government and semi-governmental bodies, health institutions, schools, among others are allowed to rent residential buildings only for residential purposes.” Likewise, Bylaws on Settlement Development Urban Planning and Building Construction 2015, endorsed after 2015 earthquake, has also barred changes on use of buildings.

This residential building in Battisoutali belonging to Deep Basnyat, a former chief commissioner of Commission for the Investigation of Abuse of Authority, is currently leased to the Road Improvement Project under the Departments of Road. The government’s renting of this building breaches the National Building Codes.

In August 2017, the National Human Rights Commission (NHRC) rented a three-and-a-half-storey building in Sanepa of Lalitpur Metropolitan City, for its Province 3 offices. When the NHRC rented the house, its owner, the Nepali Congress leader Gopal Man Shrestha, was the deputy prime minister and education minister.

The NHRC had received proposals from Gopal Man Shrestha, Sanepa; Bishnu Devi Gurung, Dhobighat and Shobha Devi Shrestha, Maharajgunj. The NHRC selected the lowest bidder, Gopal Man Shrestha. Tikaram Pokhrel, an information office at the NHRC, said, “We have rented Shrestha’s house for Rs 209,000. The rent has risen to Rs 229,000.” When asked by the NHRC had rented a residential house for its office, Pokharel passed the buck to the chief district officer who, he said, made the final decision.

When asked why he rented his home to an office, Shrestha said: “I don’t know about the building standard. You should ask that to NHRC.” Shrestha said he agreed to rent it to NHRC after it issued a notice to rent a house. “The rent is one of my sources of income. I’ve paid taxes. I had also previously rented my house to Kaligandaki A Hydropower Project,” he said. The project is located in his home district.

While the law clearly stipulates that residential buildings shouldn’t be rented out for other purposes, these are not the only cases of violations of the law. The government itself has violated the law and rented residential buildings for offices. The Land Registration Office of Chabahil in Kathmandu, which is visited by over 1000 people every day seeking government services, is in a residential building.

The local governments have also rented residential buildings for their offices after federalism came into effect. But government figures aren’t available. Officials estimate that at least 20 percent of the government offices are housed in residential buildings.

Having a government office in a residential building means the government is violating building standards. Private sectors have also followed suits and flouted standards. Most private schools in the country are run in residential buildings. Both Kathmandu and Lalitpur Metropolitan Cities do not have any details on how many schools operate in residential buildings.

This house– built for residential purpose–has been leased to Province 3 office of the National Human Rights Commission. Deputy Prime Minister Gopalman Shrestha, erstwhile deputy prime minister, leased his house to the public office two years ago, violating the law.

Prahlad Aryal, who served as the head of Kathmandu Metropolitan City’s Education Department until last year, estimates that at least 60% of the private schools are in residential buildings. More than 50% schools in Lalitpur Metropolitan City have been running in residential buildings, according to officials. The number of private schools in Kathmandu and Lalitpur is 644 and 186 respectively. According to the Department of Health Services, almost all private hospitals with less than 50 beds are operating in residential buildings.

Not only schools, colleges and hospitals, offices that are crowded also operate in residential buildings. From employment agencies to cooperatives, education consultancies to non-governmental organizations, all have their offices in residential buildings. “Whether it’s Putalisadak or New Road, Anamnagar or New Baneshwar, all houses in the inner roads are residential. But they have offices in each floors,” said Bhaikaji Tiwari, head of Kathmandu Valley Development Authority, an institution for planning physical development in Kathmandu valley.

Ishwar Man Dangol, the spokesman of Kathmandu Metropolitan City, said the misuse of residential buildings was on the rise. “Organisations or business people want these buildings to be approved as residential because such buildings can occupy 80% of land. We haven’t been able to take action against them because we don’t have laws,” he said.

Depending on the size and location of the land, commercial complexes, supermarket buildings can only occupy 50 to 70 % of the land and hospitals, schools and movie theatres can occupy 40 to 50 % of the land.

Using residential buildings for offices is hazardous, according to the standards set by the government. According to the country’s building codes, residential buildings are designed to withstand up to 200kg per square metre, but buildings for hospitals, schools or colleges should be designed to withstand 300kg per square metre.

Using residential buildings for other purposes can pose a huge risk, according to experts. Structural engineer Rajan Suwal said such buildings cannot carry the required loads for schools and hospitals. “Each residential room can usually accommodate two to three people and the load of a room can afford some of the items such as furniture. But if you have too many people as we see in schools, colleges and hospitals, seismic risk is extremely high because they have a lot of stuff in there as well,” he said.

A residential building with 4 metres length and 3 metres width can carry a load of up to 2400 kg, he said. “As the building gets older, its capacity to bear load decreases. Imagine what would happen if we cram 40 students into a small room of residential house with a desk and benches and stairs are also narrow for evacuation,” he said.

According to Suwal, buildings for school and hospital should be designed to withstand 300 kg per square metre. Moreover, the buildings should be designed according to its purpose so that it can be strengthened.  While the residential building is designed in terms of seismic safety ranked 1 in terms of ‘Factor of Importance,’ a hospital is ranked 1.5 or one and half times more.

Purna Kadariya, who led the drafting of the National Building Code of 2009, helped formulate National Building Code as the Director General of the Department of Buildings. “A hospital should be running even if there’s a natural disaster. Hospital is where you go if everything else has collapsed. Where do you go if the hospital is no longer there?” he said.

The misuse of residential buildings could cause some houses to fall down due to overload, said Kishore Thapa, a former government secretary and engineer.

It was Saturday, a school holiday, when the devastating earthquake struck Nepal on April 25, 2015. That’s why the damage was at minimum in the urban area.

But a total of 97 people who were attending a prayer at two churches died after their buildings collapsed in Sitapaila and Kapan. These were residential buildings.

When a residential building collapsed in Swayambhu, 22 out of total 45 people attending a party died. Similarly, Morgan College of Dhapasi collapsed due to heavy furnishings and weak structure. The owner had received approval only for a three-storey residential building, but had built a seven-storey. Hundreds of students survived because it was Saturday.

Suwal, author of book titled ‘Damage Study of Unenforced Concrete Frame Buildings of Kathmandu Valley After Gorkha Earthquake 2015,’ said, “We don’t seemed to have learned any lessons from the death of people who were attending church and were partying at residential buildings, such disaster can strike crowded places such as schools and hospitals at any time.”

Indeed, private hospitals less than 200 beds operate in residential or commercial buildings. Only handful hospitals with less than 50 beds category have their own buildings built for hospital purposes.

Six years ago, the government issued a guideline on establishing, operating and upgrading the health institutions, which required big hospitals to have their own buildings. Two years later, all hospitals with more than 50 were instructed to have their own buildings within six years. Hospitals submitted work plans, but as the deadline approaches, they have failed to implement it. Only 25 out of 93 (50 to 200 bed category) operate own buildings made for hospital beds while 43 are running in residential buildings.

Bharosa Hospital, based in Baneshwar, operates in three residential buildings.

“Hospitals, school buildings, residences of prime minister, president, chief of army, offices of communication are like lifelines. These buildings should operate any time,” said Kadariya, the former secretary. “The government must enforce the directives.” Bharosa Hospital operates in an old and two new residential buildings in New Baneshwar. Global Hospital in Gwarko, Lalitpur is in an old residential building. “After the earthquake, a team from Department of Health Services inspected the building. We’re constructing our own building,” said Binod Paudel, the head of administration.

Alka Hospital in Jawalakhel is located in a residential building while Nagarik Hospital of Bhaktapur also operates in residential building. Thamel-based Manmohan Memorial Hospital is also in residential buildings. According to the Department of Health Services, which monitors the infrastructure of Nepal’s hospitals, Kantipur Hospital, Vayodha Hospital, Green City Hospital, Kathmandu Valley Hospital (Life Care) in Kathmandu district and Megha Hospital and Suvekchya Hospital of Lalitpur district operate in commercial buildings. But being located in a commercial building doesn’t fully meet the criteria for schools and hospitals.

According to Kadariya, a commercial building cannot meet the criteria for a hospital. According to the building code, a hospital should have a capacity of 300 kg per square metre, while a commercial building can be designed at a capacity of 250 kg per square metre. Taranath Pokharel, director of the Department of Health Services, said, “Hospital across the country have this problem.” Many hospitals in Chitwan, according to him, are in residential and commercial buildings.

At most hospitals that run in residential buildings, the stretcher cannot be turned around, according to an official at the Department of Health Services. At a time of disaster, the patients themselves face risks. Hospitals have heavy equipment which residential buildings cannot withstand. Despite this, the Department of Health Services does not have an integrated database on hospital buildings.

 “Most private hospitals with less than 50 beds are in residential and other buildings. Patients can be at risk at any time in those hospitals,” said Pokharel, the director.

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Schools and hospitals are not the only ones that misuse residential buildings. Most small and medium-sized shops are located in such buildings. An estimated two-thirds of private-sector offices are in residential buildings. People flock to these places. In the event of a catastrophe when people have to run away, there might be a stampede.

Almost every floor of residential buildings country’s oldest and busiest trading hub like Asan, Indra Chowk and Mahabouddha is used as go-downs. According to the Building Standards, only buildings that can accommodate up to 500kg per square metre can be used as a warehouse. But people have used residential buildings that can withstand 200 kg as go-downs. It has put people living in and around the houses at risk.

“These residential buildings can collapse any time if the load at the schools, hospitals, warehouses or office is unbearable,” said former secretary Thapa. “While residential buildings have been misused, people are scrambling to find rooms or flats in Kathmandu. Housing stock is declining. People in the city are struggling to find rooms,” he said.

In mid-November, Lal Babu Pandit, a former minister, finally got a flat in four days after mobilising many of his friends and families in search of an apartment. Pandit, who found a flat in Koteshwar, said, “It’s very difficult to find a room that is convenient, well-equipped and you can afford.”

Ordinary people have to spend months to find a room in Kathmandu. Pukar Chapagain, who came from Jhapa to Kathmandu to work as an artist at Mandala Theatre, has spent over a month in search of two rooms to stay with friends around Baneshwar area. Every day, Chapagain, who lives with his relatives, visits the office of Samaj Kalyan Sewa Pvt Ltd, a rental company, to enquire about rooms. “We can find rooms, but they are very expensive. And many don’t have water supply,” he said.

On the afternoon of November 25, 2019, Mira Yonjan, a worker at the company, was fielding calls from tenants. “We don’t have any room available at the moment. Please visit our office for more information,” she told a caller.

The company charges Rs 300 to search for a room within a month. “We cannot guarantee that we will find a room. But if we do, then we will connect the tenant with landlord,” Yonjan said. If the company finds a room for their client, it charges Rs 2000. They charge Rs. 4500 for a flat.

Though there hasn’t been any report of homelessness due to lack of accommodation in Kathmandu, experts say such situation is not far off. “The illegal use of residential building can cause homelessness. Soon, we will see people living on the streets and other public places. On the other hand, it can also increase the number of slum dwellers,” said Thapa, the former secretary.

Kedar Timalsina, president of the Nepal Tenant Society, an organization supporting the tenants, said, “The local government and their officials do not listen to us when we raise the issue (of lack of rooms for tenants). That may be because we’re not their voters.”

The Kathmandu Metropolitan City, the authority that approves the building designs and regulates its use, has rented at least eight residential buildings in violation of the law. The offices of the Department of Building and Licensing and the Department of Revenue is located in residential buildings at Babarmahal. People visit the offices to apply for house designs and construction completion report. But the stairs at the five-storey building is narrow.

Kathmandu Metropolitan City has started to maintain a database of design approval for buildings this current fiscal year. Of the total 2324 designs approved this fiscal year, 1932 or 83 % buildings are intended for residential purposes. Three buildings each were built for the purpose of operating educational institutions and offices during this fiscal year. In the last four months after the database was created, 96 % of buildings approved by Lalitpur Metropolitan City were residential while only combined 2 % were classified as buildings for schools and commercial purposes.

According to engineers, the approval of residential buildings in areas with so many schools, hospitals, offices is a testament to the misuse of residential buildings. The government is also losing revenue. The government charges Rs 25 per square feet for residential buildings while buildings for other purposes must pay 40% more or a 35-rupee approval fee.

There is another example which shows how KMC is against the interest of the general public. The local bodies have allowed schools to construct their building without technical evaluation. Mahendra Shrestha, undersecretary of Lalitpur Metropolitan City, said, “We don’t have laws to address this. So we approve the building design after checking whether the building will have sunlight and can accommodate students.”

When KMC formulated the Education Act last year, the Mayor and other elected officials refused to include a provision for school buildings to receive permission ‘only after technical recommendation of an engineer.’ An official of KMC, who spoke on condition of anonymity because he feared retaliation, said, “They agreed to continue with the current law because it’s easier to implement. They didn’t take safety of school children seriously.”

Some steps can be taken to help prevent abuse of buildings, according to experts. “This misuse can be stopped if we let the home owners a period of six months or one year to use the building as per the purpose. Failing to do so must lead to closure of the building,” an engineer at the KMC said on condition of anonymity because he wasn’t authorized to speak to media.

Bhaikaji Tiwari, head of the Kathmandu Valley Development Authority, said: “While issuing license to schools to office, we must make sure that they are housed in the buildings that suit their purposes.” Suwal, the structural engineer, said, “While visiting a hospital or school, let us start asking this important question: Is the building used for the right purpose?”

Pangeni is Bertha Fellow. This report is prepared by the Centre for Investigative Journalism-Nepal with support from Bertha Foundation.