Unofficial English Translation
Earthquake damaged building structures demolition (removal) guideline, 2072
(Debris and Demolition Guidelines, 2015)
Preamble: Pursuant to Sub-section (M) of the Natural Calamity (Relief) Act (1982), following the
devastation of April 25 Gurkha Earthquake with epicenter in Barpark and its recurring
aftershocks, the Government of Nepal has enacted following guideline that directs the
concerned authorities on the procedures to be adopted to remove quake hit risky building
structures that cannot repaired or strengthened.
1.
Title and commencement: (1) This guidelines may be called the “Guidelines to remove
hazardous building structures dilapidated by earthquake, 2072”
(2) This Guideline shall come into force from Jestha 22, 2072.
2. Definitions: "Hazardous Building structures" means any building, its parts, compounds, wall
or any other individual or public structure that have been damaged by the earthquake and
cannot to used even after repair or renovation or that are causing risk to human safety or
public movement.
3. Identification of hazardous building structure: (1) In case anyone wants to demolish the
building destroyed by the earthquake, the house owner shall provide its detailed information to
the concerned ward of the municipality or the Village Development Committee. The
information shall also incorporate the land title and building design blueprint, copy of
citizenship certificate and a photograph of the damaged house if possible.
(2) Anyone can provide information regarding dilapidated building structure in one’s
community to the concerned ward of the municipality or the Village Development Committee
with clear illustration of its location and a photograph if possible.
(3). In case, no one provide information pursuant to Sub-section (1) or (2), the VDC secretaries
or ward secretaries shall keep documentation alongside a photograph of such building if they
come across such hazardous structure in their areas.
(4). Based on acquired information pursuant to Sub-section (1), (2) OR (3), the ward secretary
shall prepare a detailed list of such hazardous building structures and dispatch it to the
concerned municipality. In case of Village Development Committee, engineers deployed by the
District Technical Office shall be informed about the details and pursuant to Sub-section (5)
shall be presented to committee.
(5) There will be technical committee with given setup in each municipality or VDC to ascertain
whether the building enlisted in acquired details are actually hazardous;
(A) Chief of Kathmandu Metropolitan City Office’s Department of Physical Development and
Construction in case of the metropolitan city, engineers in case of the concerned municipalities
or engineers deployed by the District Technical Office will in case of municipalities and VDCs
without engineers. Coordinator
(B) Engineers appointed by the Urban Development and Building Construction Department or
the concerned division office or if such engineers are not available engineers appointed by the
concerned Chief District Officer. Members
(C) Ward Secretary of the municipality/ VDC secretary in case of the Village Development
Committee. Member
(6) The technical committee shall carry out field based inspection of the building structure
enlisted in information details acquired from municipality or the Village Development
Committee and determine whether it need to be demolished. Given procedure should be
adopted in the field inspection:
(A) Fill up a Rapid Evaluation Form as described in annex 1.
(B) Take photograph of the building from all four sides.
(C) Prepare Deed of Inquiry report as described in annex 2 in presence house owner if possible.
(D) Recommending whether the building need to be demolished or not in a report.
(7) As per the sub section (6), the technical committee shall provide clear opinion whether the
building need to be demolished and shall submit a report incorporating Deed of Inquiry (spot
inquiry) certificate to the concerned municipality or the Village Development Committee.
(8) Pursuant to Sub-section (7), the report shall states whether the owner or operator of the
concerned building can remove the house or clearly mentioning the nature of assistance they
need for demolition if they need any help.
(9) In case the technical committee fails to ascertain whether the building requires demolition,
it shall submit a report to the Central Direction Committee specifying the reason for its failure
through the concerned municipality or VDC pursuant to Sub-section 5.
4. Central Direction Committee: (1) The central direction committee to be formed pursuant to
this guideline to carry out demolition of hazardous building structure shall have the following
members:(a)Joint Secretary, Ministry of Urban Development
Coordinator
(b) Joint Secretary, Ministry of Home Affairs
Member
(c) Joint Secretary, Ministry of Federal Affairs and Local Development
Member
(d) Joint Secretary, Ministry of Physical Infrastructure and Transport
(e) Lieutenant Colonel, Nepal Army
(f) Deputy Inspector General, Nepal Police
Member
Member
Member
(g) Deputy Inspector General, Armed Police Force
Member
(h) Head of the concerned municipalities and Village Development Committee
Member
(i) Senior Divisional Engineer appointed by Department of Urban Development and Building
Construction
Member
Secretary
(2) The Central Direction Committee shall invite the concerned official, expert, or specialists if
deemed necessary.
(3) The Central Direction Committee shall form subcommittee or work team clearly specifying
their work, responsibilities, jurisdiction and guidelines if deemed necessary.
(4) The Central Direction Committee will have its secretariat in the Department of Urban
Development and Building Construction.
(5) The Central Direction Committee’s work, responsibilities and jurisdiction will be as follow:(a) To make final decision if the technical committee fails to determine whether or not certain
building structure need to be demolished.
(b) To recommend the Ministry of Urban Development on whether or not any government or
government-owned building structure require demolition.
(C) To order demolition of building structures owned by organization established in accordance
with the existing law upon the request of the concerned organization or based on the acquired
information
(D) To order demolition of hospitals, schools, movie theatres, shopping malls or similar building
structure that are in public use
(E) To provide necessary direction to the technical committee on issues concerning demolition
of building structures
(F) To investigate on grievances or complaint lodged against the work action carried out by the
technical committee and give final decision pursuant to this guideline
(G) To provide necessary advice or technical support to the concerned bodies of the Nepal
Government in issues relating with demolition of building structure.
(5) Prior ascertaining whether or not any building needs to be demolished, the central
coordination committee shall assign a working team comprising the following members to
examine the building and take final report to determine whether or not demolition is required:(a)Senior Divisional Engineer appointed by the Department of Urban Development and Building
Construction
Coordinator
(b) Technical Major appointed by Nepal Army (Structural Engineer)
Member
(C) Superintendent of Armed Police Force appointed by Armed Police Force (Engineer) Member
(D)Superintendent of Nepal Police appointed by Nepal Police (Engineer)
Member
(6) If any building or structure of government or of public use is seen necessary to be
demolished, the concerned body or organization should write letter to the Central Direction
Committee through the Department of Urban Development and Building Construction
incorporating all available details.
(7) If any government or public building structure seen necessary to be demolished, any person
will be able to provide written information about it to the Central Direction Committee with all
available details.
5. Provision related to Apartment and Building in Commercial Use:
(1) In relation to the apartment (common housing), group housing or shopping complex or
similar multipurpose building, the owner or operator of such building shall individually appoint
technical consultant based on the damage suffered by the building, and provide the report
prepared by such consultant to the central direction committee within 15 days after this
guideline comes into effect.
(2) Pursuant to Sub-section (1), upon receiving the report, the central direction committee,
pursuant to Sub-section (6) of Section 4, will examine the report and carry out field inspection
of the building structure as per necessity to determine whether or not to demolish the building.
6. Concerned owner oneself to demolish
(1) The concerned owners or operators of the building structure shall themselves demolish the
house if the technical committee or the central direction committee issue report ordering
demolition.
(2)If the technical committee or the central direction committee issue report stating the owner
or operator's inability to carry out demolition citing loss sustained by the building structure, its
physical state, equipment and resources or any other similar causes, such structure will be
demolished by team formed in accordance with this guideline.
(3) In relation to the building structure wherein the technical committee or the central direction
committee has issued report stating the concerned owner or operator could they carry out
demolition if provided with required machines equipment or consultant service, such owners or
operators shall be provided required machines equipment or consultant service. The owner or
operator shall bear the required cost.
(4) Cost required for demolition of apartments, commercial complex, movie theatre, private
hospital, private school or college or similar types of building structure yet to be transferred to
consumers shall be funded by the owner or operator of the concerned building structure.
7. Chief District Officer shall be able order demolition of building structure: If the owner or
operator of the concerned building structure refuses to carry out demolition despite getting the
report from the technical committee or the central direction committee, the Chief District
Officer shall be able give order to remove such building structures.
(2) Pursuant to Sub-section (1), if the Chief District Officer orders to remove the building
structure, the government shall take money spent on the demolition of the building structure
from the owner or operator later.
(3) In case of building structure that need to be removed immediately but owner or operator
are not in contact, the Chief District Officer shall have rights to order demolition of such
building structures.
(4) Pursuant to this section, if any case any building needs to be removed through the order of
the Chief District Officer, the technical committee or the central direction committee shall write
to the Chief District Officer clearly specifying similar details.
8. Formation of team for demolition of building structure
(1) Pursuant to this guideline, the building deemed necessary to be removed by municipality or
VDC or pursuant to Section 7 as ordered by the chief district officer or pursuant to Section 4
Sub-section (5) building structure asked to be removed by the central direction committee in
writing will be removed by a team led by the Nepal Army.
(2) Pursuant to Sub-section (1), the team will be comprised of Nepal Police, Armed Police Force
and representatives of the concerned municipality or the VDC.
(3)The team shall be provided with all machines equipments and specialists as demanded by
the concerned government bodies and local bodies as far as possible.
(4) The Ministry for Physical Planning and Construction shall manage the heavy equipments
required to remove building structure, its operation and fuel.
(5) The team shall coordinate with the Chief District Officer to removing the building structure
pursuant to this section.
9. Precaution to be followed during removal of house
The house owner or operator or the demolition team shall adopt precaution pursuant to annex
3 while removing the house as per this guidelines.
10. Necessary physical resources and budget system: The Ministry of Finance shall allocate
necessary the budget required for physical resources and expenses to the concerned bodies
while removing house pursuant to this guideline.
11. Miscellaneous
(1) Debris produced during the demolition of house shall be managed in such a way that it does
not have negative impact on public transportation, movement or public health and security.
(2) In case of any hurdles in implementation of this guideline, the Ministry of Urban
Development shall remove hurdles for the municipality or village development committee to
carry out demolition of building structures and for the concerned Chief District Officer and the
central direction committee to order removal of building structure.
(3) The hazardous fraction of building structure should be removed first and the remaining
parts could be gradually removed later.
(4) Building structure belonging to poor people hugely affected by the earthquake will remain in
priority of demolition.
(5)Assistance of any local association organization, businessperson or volunteer can be taken
for demolition. Prior consent shall be taken from the Ministry of Urban Development to take
foreign assistance.
(6) In case any national or foreign association organization, businessperson have taken
responsibility to remove building structure, the debris shall be managed as per the direction of
the municipality, VDC or the central direction committee by the concerned association
organization or businessperson themselves.
(7) Land required for the debris management will be arranged by the concerned municipality or
VDC in assistance of the District Natural Calamity Rescue Committee. Public or government land
can be used for this purpose. All concerned bodies shall extend require help to provide the land
required for this purpose.
(8) Debris produced during demolition of any building structure may be taken for reuse if that
can be reused or if the owner or operator wishes to do so. If the person is not in position to
take it immediately, the debris may also be stored in an accessible alternative location
provided.
Annex 1
(Related wit Section 3.6)
Preliminary Evaluation Form
Inspection
Inspection ID :…………………………….
Inspection Date: ……………………………
Inspection Time:………………………
Area Inspected :
External Only
Exterior and Interior
Building Discription
Building Owner’s Name :………………………………………………………………………
Address:
Ward/Tole :……………………………….
Municipality/VDC:……………………………….
District:…………………………………….
Contact Number:…………………………………
Approx. Building Footprint area (Sq.ft):……………………..
No. of Stories:……………………………..
Construction year:…………………………………….B.S (…………….AD)
Type of Construction
Adobe
Stone in Mud
Brick in Mud
Brick in Cement
Stone in Cement
RC Framed
Wood Frame
Bamboo
Others
Type of Floor Flexible
Rigid
Type of Roof
Rigid
Flexibl
Primary Occupancy:
Residential
Educational
Commercial
Hospital
Industry
Club
Government office
Office
Hotel Restaurant
Police Station
Institute
Mixed
Others
Land Slope Plain
Gentle Slope
Steep slope
Adjacent building Free Standing
Building in 1 side
Building in 2 sides
Building in 3 sides
Road Acess: Road width
Current Status:
Accessible
Not accessible due to debris/road damage
Evaluation
Observed Condition
Collapsed, partially
Collapsed, or Moved
Off its foundation
Ground in the vicinity
of building moved
irregularly in vertical
direction with
crasking or fissures
Gap between ground
and building
foundation wall (i.e.
wall of building that is
normally
Minor
Moderate
Severe
underground) since
large gap may lead to
overturning
Building or any story
out of plumb
Damage to Primary
structural members,
cracking of walls, or
other signs of distress
present
Other hazard 9
specify e.g tree,
power line, gas
leakage
Have the wall moved
visibly (% degree)
Possibility of Trapped/ Dead Persons: Yes
No
Tentative Number of Victims:………………………………………
Posting based on Evaluation
Restricted
Unsafe
Comments:
…………………………………………………………………………………………………………………………..
…………………………………………………………………………………………………………………………..
…………………………………………………………………………………………………………………………..
Annex 2
(Related wit Section 3.5)
Whereas, in relation to the single/ joint application made by Mr./Miss/Mrs...........................,a
resident
of
Ward
No........of........................................Village
Development
Committee/Municipality to ……Ward office ..requesting to remove house/ hut/wall built on
…….in land registered on…... in sole or joint names including ……… located in ………..VDC ward
No….. …seat No…. land No of …areas partially/ completely damaged by earthquake of April 25
and repeated aftershocks citing hindrance it created in public movement and risk posed to
adjacent property on letter dated ……. /, we, the below mentioned people, ……municipality/VDC
have been inquired into the matter by the technical committee in this municipality/VDC formed
by the District Natural Disaster Rescue committee and we hereby agree to execute deed
inquiry that the house above mentioned shall be demolished himself by the applicant/
Government of Nepal and present the related details to …….Municipality/ VDC/ Urban
Development and Building Construction Department.
The aforementioned contents are true and correct and if found to be false, I shall be liable
according to law.
Name, surname and address of the persons executing the deed of inquiry
1………………………………………………..
2…………………………………………………
3…………………………………………………
4………………………………………………..
In presence of:
House owner Mr…………………..
Civil Society Member Mr………………..
Member of political party Mr……………
Police Official Mr……………
Date:
Officials of the technical team
1.
Coordinator: ……………………………. Engineer (………………………………. municipality)
2.
Member:……………………………… Engineer (Urban Development and Building Construction
Department)
3.
Member: ………………………………….. Secretary (Office……….)
As listed below:
•
Date of construction of the house …………………………………
•
Concrete or non-concrete home. If concrete, Frame Structure or Load Bearing or
Composite.
•
House length……, breadth ………., height…... storey. Kind of damage in house:
Annex 3
(Related to Section 9)
Precaution to be taken during the demolition of damaged building structure:
•
Trying to remove the building structure only through prior consent of house owner if
possible
•
Providing prior notice to house owner about demolition before removing the building
structure
•
Removing building part with minimum damage as far as possible. In case only a certain
portion of the building need to removed, the focus shall be on removing only minimal through
every way possible.
•
Every effort shall be made not to damage adjacent building structures while removing
the building
•
Carrying out demolition of the building structure in a way there is minimal obstruction
on public movement.
•
Making sure that there will be disturbance in electricity and communication service
only for a shorter period
•
Making arrangement for immediate fire fighter and ambulance service while removing
the big building structure.
•
Proving necessary equipments resources to personnel involved in removal of building
structure.
•
Removing hazards thing first during demolition, taking precaution like generally starting
to work from the top floor of the building structure generally
•
Giving necessary attention to cope with adverse effect of dust in the environment by
seeking way to minimize dust during demolition and transportation of debris.