3.1 Permits
No building or structure regulated by this Code shall be erected, constructed, enlarged, altered, repaired, moved, improved, removed, converted or demolished without obtaining permit for each such work from the Building official. Exceptions: The following works are exempted from the requirement of a permit unless they do not otherwise violate the provisions of this Code, for the said work or any other adjacent property, regarding general building requirements, structural stability and fire safety requirements of this Code:- (a) Opening or closing of a window or a door or a ventilator;
- (b) Providing internal doors;
- (c) Providing partitions;
- (d) Providing false ceiling;
- (e) Gardening;
- (f) Painting;
- (g) Plastering and patch work;
- (h) Re-flooring;
- (i) Construction of sunshades on one’s own land;
- (j) Re-erection of portion of buildings damaged by earthquake or cyclone or other natural calamities, to the extent and specification as existed prior to such damage; and
- (k) Solid boundary walls less than 1.5 m and open boundary wall less than 2.75 m in height.
3.2 Types of Permit
Building permit shall comprise of the following 4 (four) stages:- (a) Land use certificate.
- (b) Large and specialized project permit.
- (c) Building permit.
- (d) Occupancy certificate.
3.2.1 Validity of Permits from the Date of Issuance
The validity of permits for different purposes from the date of issuance shall be as follows:3.2.2 Permits Obtained Prior to Adoption of Code
If permit for a building or structure or a work regulated by this Code is obtained before adoption of this Code and the building or structure or work for which the permit is obtained is not completed within three years from the date of issuance of such permit, the said permit shall be deemed to have lapsed and fresh permit shall be necessary to proceed further with the work in accordance with the provisions of this Code.3.3 Constitution of Building Permit Committees
3.3.1
As per the provisions laid out in the Building Construction Act the government may constitute various committees to examine and scrutinize applications mentioned in Clause 3.2 above and approve or refuse permits thereby.3.3.2
Each committee will have specific Terms of Reference and Work Procedure.3.4 Application For Permit
3.4.1
Any person who intends to undertake any work on a building or structure or land regulated by this Code shall file application in writing on the prescribed form furnished by the Building official for that purpose.3.4.2
Application for permit for any work under the provisions of this Code shall be accompanied by necessary documents, drawings, certificates, clearances and other relevant information as required by the Building Official for that particular city/town/municipality/jurisdiction area etc.3.4.3
The drawings shall have any of the sizes specified in the Table 2.3.1: Table 2.3.1: Drawing Sizes for Permit Applications3.4.4 Operation and Maintenance of Utility Services
The government may undertake works for operation, maintenance, development or execution of any of the following utility services without requiring obtaining permit from the Building Official.- (a) Railways
- (b) National Highways
- (c) National Waterways
- (d) National Gas grid
- (e) National Power grid
- (f) Major Ports
- (g) Airways and Aerodromes
- (h) Telecommunications
- (i) Electronic Broadcasting Services
- (j) Any other services which the Government may, by notification, declare to be a service for the purpose of this Section if the Government is of the opinion that the operation, maintenance, development or execution of such service is essential to the community.
3.5 Disposal of Application
3.5.1
Subject to the submission of correct and complete application for the permits included in Sec 3.2 above, should be disposed by the Building Official within the time limit as shown in Table 2.3.2: Table 2.3.2: Time Limit for Disposal of Application for Permits3.5.2
The Building Official shall notify the applicant according to above table as the case may be either approval or refusal of the permit for any work. If the Building Official does not notify the applicant of such approval or refusal within this specified period, the application shall be deemed to have been approved provided the fact is brought to the notice of the Building Official. Such approval shall not be interpreted to authorize any person to do anything in contravention of or against the terms of lease or titles of the land or against any other regulations, bylaws or ordinance operating on the site of the work or any of the provisions of this Code.3.5.3
Refusal of permit shall be accompanied with reason and the Building Official shall quote the relevant sections of this Code which the application/drawings/submissions contravene. The applicant may correct or remove such reasons and reapply for permit with any fee if applicable. The Building Official shall scrutinize the re-submitted application and if there be no further objection it shall be approved and permit issued.3.6 Preparation And Signing of Drawings
3.6.1
All drawings submitted for approval shall be prepared and signed by registered professionals as specified in Table 2.3.4, which shall be considered as equivalent to certifying that the drawing on which the signature appears conforms to all the requirements of this Code. Registered Professionals shall put his or her signature with date on the title box of the drawing along with his name, address, professional society membership number, registration number and any other information required by the concerned Building Official.3.6.2
The drawings shall also contain the signature, name and address of the owner.3.6.3
Subject to the classification and use of buildings, all drawings for approval and execution shall be prepared and signed by the registered professionals as per building category specified in Tables 2.3.3 and 2.3.4 corresponding to relevant work. Table 2.3.3: Building Classification Based on Height, Floor Area and Occupancy Type
Table 2.3.4: Eligible Registered/Licensed Professionals for Signing of Design, Drawings, Reports and Documents
Note: NA: Not Applicable, NE: Not Eligible, NR: Not Required.
*Shall be countersigned by registered/licensed Architect/Engineer eligible for Building Category IV.
3.7 Fees
All applications shall be accompanied by fees as specified by the authority from time to time without which the application shall be deemed to be incomplete.3.8 Responsibilities and Duties of The Owner
3.8.1 General
The owner of a building or structure regulated by the provisions of this Code shall be responsible for carrying out the work in conformity with the provisions of this Code. Granting of permission for any work or approval of plans or inspection by the Building Official or any of the deputies shall not relieve the owner from such responsibility.3.8.2 Employment of Technical Personnel
Design, execution and supervision work of any building shall be carried out by authorized Registered Professionals as outlined in Table 2.3.4. Owner shall take the services of as many professionals as required according to type and size of the work.3.8.3 Right of Entry
The owner shall allow the Building Officials to enter the site for the purpose of enforcing the Code as required by the provision of Sec 2.9.6 and for the purpose of inspection as provided in Section 3.10 below.3.8.4 Permits from Other Agencies
The owner shall obtain permit as may be applicable from other concerned agencies relating to building, zoning, grades, sewers, water mains, plumbing, fire safety, signs, blasting, street occupancy, gas, electricity, highways and all other permits required in connection with the proposed work.3.8.5 Information on Progressive Work
The owner shall inform the Building Official about attainment of construction work of different stages as required by the Building Official in prescribed form.3.8.6 Safety Measures
The owner shall take proper safety measures in and around the construction site.3.8.7 Notice of Completion
The owner shall notify the Building Official the completion of the work for which permit was granted in prescribed form. The work shall not be accepted as complete, without a certification from the Building Official.3.8.8 Documents at Site
The owner shall preserve at the site a copy of all permits issued and all drawings approved by the Building Official. Results of tests carried out for determination of conformity of the work with the provisions of this Code shall also be preserved and made available for inspection during execution of the work.3.8.9 Live Load Posted
Where the live loads for which each floor or portion thereof of a commercial or industrial building is or has been designed to exceed 2.4 kN/m2 , such design live loads shall be conspicuously posted by the owner in that part of each storey in which they apply, using durable signs. It shall be unlawful to remove or deface such notices.3.9 Responsibilities and Duties of Technical Personnel
3.9.1
To qualify as Architect, Engineer, Construction Supervisor (Architect or Engineer or Diploma Architect or Diploma Engineer) of any building works one shall have membership of the respective professional body in the country. In addition they shall have to qualify as registered professional through an examination (written/oral) to be conducted by their respective professional body as per requirement of this Code.3.9.2
Only technical professionals qualified under Sec 3.9.1 shall design, execute and supervise any building which is subjected to approval granted under this Code.3.9.3
Any lapses on the part of the technical personnel in delivering the requirements of the Code shall call for punitive actions against him/her in the proper forum.3.10 Inspection
All works relating to a building or structure regulated by the provisions of this Code for which permits are required shall be subject to inspection by the Building Official. Modalities and frequency of such inspections shall conform to the requirements put forward by the approving authority.3.11 Unsafe Buildings
3.11.1 General
All buildings considered to constitute danger to public safety or property shall be declared unsafe and shall be repaired or demolished as directed by the Building Official.3.11.2 Examination
The Building Official shall examine or cause examination of every building reported to pose threat to safety or be damaged by wear and tear or accident and shall make a written record of such examination.3.11.3 Notification
If a building is found to be unsafe, the Building Official shall notify the owner of the building and specify the defects thereof. The notice shall require the owner within a stated time either to complete the required repair or improvement or demolish and remove the building or portion thereof.3.11.4 Disregard of Notice
In case the owner fails, neglects or refuses to carry out the repair or improvement of an unsafe building or portion thereof as specified in the notice, the Building Official shall cause the danger to be removed either by demolition or repair of the building or portion thereof or otherwise, the cost of which shall be borne by the owner.3.11.5 Cases of Emergency
If the Building Official considers that an unsafe building or structure constitute imminent danger to human life or health or public property, the Building Official shall at once or with a notice as may be possible promptly cause such building or structure or portion thereof to be rendered safe or removed. In such cases the decision of the Building Official shall be final and binding and he or any of his assigned deputies may at once enter such structure or land on which it stands or the abutting land or structure, with such assistance from and at such cost to the owner as may be deemed necessary. The Building Official may also get the adjacent structures vacated and protect the public by an appropriate fence or such other means as may be necessary.3.12 Demolition of Buildings
If a building or structure is to be demolished, the owner shall notify all agencies providing utility services to the building. Such agencies shall remove all their appurtenances and equipment and dismantle all service connections to ensure a safe condition. The Building Official shall not grant any permit for demolition of a building until a release is obtained from the utility services stating that all service connections have been removed in the proper manner. The demolition work shall be done under the supervision of demolition expert as per provisions of Table 2.3.4.3.13 Validity of This Code
3.13.1 Partial Invalidity
In case any provision of this Code is held to be illegal or void, this shall have no effect on the validity of any other provision of the Code nor on the same provision in different cases nor on the Code as a whole, and they shall remain effective.3.13.2 Invalidity of Existing Buildings
If any provision of this Code is held to be illegal or void by the Authority as applied to an existing building or structure, validity of that provision or any other provision of the Code in its application to buildings hereafter erected shall not be affected.3.14 Architectural and Environmental Control
3.14.1
Besides enforcing the provisions of this Code for normal buildings and structures, the Building Official shall, for special structures such as those listed in Sec 3.14.2 below, also examine the aesthetics and environmental issues vis-a-vis the existing structures and the characteristics of the area, and exercise architectural and environmental control in accordance with the provisions of this Section.3.14.2
Special structures for which architectural and environmental control shall be exerted by the Building Official shall include:- (a) major public building complexes
- (b) buildings in the vicinity of monuments and major sculptures
- (c) buildings and structures near existing structures identified to be architecturally valuable.
- (d) buildings and structures near historic buildings or in a area of historical or archaeological significance.
- (e) buildings near any structures that represents the special characteristics of an area
- (f) any proposed building or structure that represents the special characteristics or forms part of a larger master plan of an area, and
- (g) any development that may have an effect on the environment or characteristics of an area.
3.14.3
The Authority shall, for the purpose of exercising the architectural and environmental control and for identifying existing structures having architectural value, appoint a standing committee comprising noted experts from the fields of Architecture, Archeology, Planning, History, Art, Literature, Engineering or any other discipline which may be deemed relevant. The committee shall examine the aesthetic quality of the proposed building, structure or development and the effect it may have on the characteristics and environment of the area in order to ensure aesthetic continuance of the new structure with the existing ones and aesthetic blending of the new structure with the surroundings. The committee may require additional drawings and information for a detailed study of the proposed work. The committee for the purpose of arriving at their decision, may at their discretion depending on the magnitude of the project and impact it may have on public life, hear the architect of the proposed work who may wish to explain the various features of the project, note comments of other experts in the relevant disciplines, or in exceptional circumstances, institute a public hearing to assess public reaction to the project.3.14.4
The committee may approve the proposed work, recommend changes in the scheme, or disapprove the scheme, for reasons of aesthetics and environmental control.3.14.5
The Building Official shall not issue permit for undertaking the proposed work until obtaining a report from the standing committee stating that the intended work is acceptable in respect of its effect on the environment, landscape, architectural characteristics, historical feature or any other aesthetical quality of the locality, area or landscape concerned.3.15 Making Implementation Procedures
Detailed byelaws and implementation procedure to enforce the provisions of this Code shall be prepared and published by the relevant authorities.3.16 List of Related Appendices
- Appendix A: Form for Application of Land Use/Development/Building Permit
- Appendix B: Form for Certificate of Supervision
- Appendix C: Form for Sanction or Refusal of Land Use/Development/Building Permit
- Appendix D: Form for Appeal against Refusal of any Permit
- Appendix E: Form for Completion Certificate
- Appendix F: Form for Occupancy Certificate
Appendix A: Form for Land Use/Development/Building Permit
(Position and Address of the Building Official) First Application to Develop, Erect, Demolish or to Make Alteration in any Part of the Building.- Type of intended work (check one): Develop / Erect / Demolish / Alter
- Name of the owner
- Contact address, post code, telephone no.
- Name, address and qualification of the engineer, architect, or planner involved, separately for: planning, architectural design, structural design, civil works design, other services design
- Address of the site: plot number, holding number, Dag/Khatian number, Mouza/Block/Sector, street name, municipal ward number
- Documents enclosed (name of document, number of sheets, number of copies): key plan, site plan, subdivision/layout plan, building plan, services plan, specifications, ownership title
- Date and signature of the owner
Appendix B: Form for Certificate of Supervision
- Reference number
- Address of the site: plot number, holding number, street name, municipal ward number
- Type of intended work (check one): Develop / Erect / Demolish / Alter
- Name of the owner, contact address, post code, telephone no.
- Signature, name, address, and qualification of the engineer, architect, planner, or supervisor; date
Appendix C: Form for Sanction or Refusal of Land Use/Development/Building Permit
(Position and Address of the Building Official)- Reference number
- Approved for implementation by the Authority
- Refused by the Authority for violation of the following provisions of the Bangladesh National Building Code (list of the sections violated)
Appendix D: Form for Appeal against Refusal of any Permit
- Reference number
Appendix E: Form for Completion Certificate
- Reference number, permit number
- Address of the site: plot number, holding number, Dag/Khatian number, Mouza/Block/Sector, street name, municipal ward number
- Documents enclosed
- Type of work (check one): Develop / Erect / Demolish / Alter
- Name of the owner, contact address, post code, telephone no.
- Signature, name, address, and qualification of the engineer, architect, planner, or supervisor; signature of the owner; date
- Signature of the Officer, name of the Officer, official stamp, designation, date
Appendix F: Form for Occupancy Certificate
(Position and Address of the Building Official)- Reference number, permit number
- Address of the site: plot number, holding number, Dag/Khatian number, Mouza/Block/Sector, street name, municipal ward number
- Documents enclosed
- Type of work (check one): Develop / Erect / Demolish / Alter
- Name of the owner, contact address, post code, telephone no.
- Signature of the Officer, name of the Officer, official stamp, designation, date