Building Act, 2055 (1998)


Published: 1998

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Building Act, 2055 E

The Building Act, 2055
Date of Authentication and Publication
2055.3.18 (2 July 1998)
Amendments
1. The Building (First Amendment) Act, 2064 (2007) 2064.5.14
(31 August 2007)
2. Republic Strengthening and Some Nepal 2066-10-7
Laws Amendment Act, 2066 (2010) (21 Jan. 2010)

Act Number 2 of the Year 2055 (1998)
An Act made to provide for the regulation of
building construction works
Preamble: Whereas, it is expedient to make necessary provisions for the
regulation of building construction works in order to protect building against
earthquake, fire and other natural calamities, to the extent possible;
Now, therefore, be it enacted by Parliament in the Tw nty Seventh year of
the reign of His Majesty King Birendra Bir Bikram Shah Dev.
1. Short Title and Commencement: (1) This Act may be called as the
"the Building Act, 2055 (1998).”
(2) This Act shall come into force on such area ando such date as
the Government of Nepal, by a Notification in the Nepal Gazette,
appoint.1
2. Definitions: Unless the subject or the context otherwise requires, in this
Act:
1 It came into force on 2062.11.1 in the specified area as appointed by a notification in the Nepal Gazette, dated 2062.11.1


(a) "building" means any physical structure made for resid ntial,
industrial, trade, office, convention centre, cold storage, warehouse
purposes or other uses, and this term also includes any part of such
a structure,
(b) "building code" means the national building code approved by the
Government of Nepal pursuant to Sub-section (2) of Section 9,
(c) “building construction” means building a new building,
reconstructing an old building by demolishing it, adding a storey,
changing frontage or add or alter a window, door, veranda,
balcony, yard in an existing building or other works pertaining
thereto,
(d) "committee" means the building construction provision
consolidating committee formed pursuant to Section 3,
(e) "design" means all drawings, specifications and other documents
relating to building construction,
(f) "Municipality" means a municipality formed pursuant to the
prevailing law, and this term also includes a municipal corporation
and sub-municipal corporation,
(g) "government body" means a Ministry, Secretariat, Department and
office of the Government of Nepal and this term also includes a
Commission, Council and Committee formed pursuant to the
prevailing law,
(h) "Urban Development Office" means the Urban Development and
Building Construction Office.2
3. Formation of Building Construction Management Upgrading
(Consolidation) Committee: (1) The Government of Nepal shall form
2 Amended by the First Amendment.


a Building Construction Management Upgrading (Consolidation)
Committee for the consolidation of building construc ion works.
(2) The committee as referred to in Sub-section (1) shall consist of
the following chairperson and members:
(a) Secretary, Ministry of Physical Planning and
Works
-Chairperson
(b) Representative, National Planning
Commission
-Member
(c)3 Representative, Ministry of Law, Justice and
Parliamentary Affairs
-Member
(d) Member- secretary, Nepal Quality Standards
Council
-Member
(e) Dean, Engineering Institute -Member
(f)4 Joint Secretary, Ministry of Local
Development (responsible for affairs of
municipalities)
-Member
(g) Chief, Research Center for Applied Science
and Technology
-Member
(h) A maximum of three person nominated by the
Government of Nepal from amongst the person
who have special knowledge on building
construction

-Member
(i)5 Director General, Department of Urban
Development and Building Construction
Member-
secretary
3 Amended by the First Amendment. 4 Amended by the First Amendment.


(3)6 ……………..
(4) If the committee considers necessary, it may invite any
concerned native or foreign expert or any other person to its meeting as an
observer.
(5) The Department of Urban Development and Building
Construction7 shall act as the secretariat of the committee.
4. Functions, Duties and Powers of Committee: The functions, duties
and powers of the committee, in addition to those mentioned elsewhere in
this Act, shall be as follows:
(a) To regulate building construction works in order to minimize the
possible loss to buildings from earthquake, fire and other natural
calamities.
(b) To formulate a building code in order to regulate building
construction works and submit it to the Government of Nepal for
approval,
(c) To do, or cause to be done, necessary study and research in order to
make timely reforms in the building code or to develop process or
technology related with building construction,
(d) To inquire into whether approval of designs has been made in
consonance with the standards set forth in the building code,8
(e) To make recommendation to the Nepal Quality Assurance Council
to determine the quality of native or foreign materials related with
building construction,
(f) To hold, or cause to be held, assemblies or symposia, also
involving technical experts and employees in the concerned bodies
5 Amended by the First Amendment. 6 Deleted by the First Amendment. 7 Amended by the First Amendment. 8 Amended by the First Amendment.


for making timely resolution of problems coming across in the
course of the implementation of the building code,
(g) To give information through various means to the general public
about the utility of the building code,
(h) To perform, or cause to be performed, such other functions as may
be necessary to implement the objects of this Act.
5. Meeting and Decision of Committee: (1) The committee shall hold its
meeting at such venue, time and date as appointed by the chairperson of
the meeting, as per necessity.
(2) The member-secretary of the committee shall give a notice
accompanied by the agenda of the meeting to all members in advance of at
least Three days of the meeting.
(3) The presence of Fifty percent members of the total number of
members of the committee shall be deemed to constitute a quorum for a
meeting of the committee.
(4) The meeting of the committee shall be presided over by the
chairperson of the committee, and by the person select d by the members
from amongst themselves, in the absence of the chairperson.
(5) A majority opinion shall prevail at the meeting of the
committee. In the event of a tie, the chairperson may exercise the casting
vote.
(6) There shall be maintained minutes of each meeting of the
committee, and such minutes shall record the names of attending
members, matters discussed at and decisions made by the meeting and be
signed by the attending members.
(7) The decisions of the committee shall be authenticated by the
member secretary of the committee.


(8) Other procedures relating to the meeting of the committee shall
be as determined by the committee itself.
6. Power to form Sub-committees: (1) The committee may, in order to
perform or cause to be performed, any function to be performed by it,
form various sub-committees, also consisting of concer ed experts, as
required.
(2) The functions, duties and powers of the sub-committees formed
pursuant to Sub-section (1) shall be as prescribed.
7. Meeting Allowance: The members of the committee and the sub-
committees formed pursuant to Section 6 and invitees shall be entitled to
such meeting allowance, for their participation at the meeting, as may be
prescribed by the Government of Nepal.
8.9 Classification of Buildings: For the purpose of the formulation and
implementation of the building code, the buildings shall be classified into
the following Four categories.
(a) Category "A": Modern building to be built, based on the
international state-of-the-art, also in pursuance of the building
codes to be followed in developed countries.
(b) Category "B": Buildings with plinth area of more than One
Thousand square feet, with more than Three floors including the
ground floor or with structural span of more than 4.5 meters.
(c) Category "C": Buildings with plinth area of up to One Thousand
square feet, with up to Three floors including the ground floor or
with structural span of up to 4.5 meters.
9 Amended by the First Amendment.


(d) Category "D": Small houses, sheds made of baked or unbaked
brick, stone, clay, bamboo, grass etc., except those set forth in
clauses (a), (b) and (c).
9. Building Code to be got Approved: (1) The committee shall prepare a
building code, also based on the classification of building categories set
forth in Section 8, and submit it to the Government of Nepal, Ministry of
Physical Planning and Works for approval.
(2) The building code submitted pursuant to Sub-section (1) shall
come into force after being approved by the Governme t of Nepal,
Ministry of Physical Planning and Works.
10. Buildings to be built in consonance with Building Code: Any
person, body or government body shall, in making a building, build it in
consonance with the standards set forth in the building code. In so making
a building, the building shall be built under the supervision of a designer
or his/her representative, engineer or architect whose rank is at least the
same as that of the designer, engineer or architect who has certified the
map and design of that building.10
11.11 Provisions relating to Design and Approval of design/map of
building: (1) A person, body or government body who desires to build a
building of Category "A","B" or "C" as set forth in Section 8 within the
municipal area shall, in making an application to the municipality for
approval in accordance with the prevailing law to build the building,
attach the map and design with the application.
(2) A person, body or government body who desires to build a
building of Category "A" or "B" as set forth in Section 8 within the area
of the Village Development Committee where this Act has come into
10 Amended by the First Amendment. 11 Amended by the First Amendment.


force shall prepare the map and design of the building and get the same to
be approved by the Housing Development Office.
Provided that, in the case of a building of Category "C", in making
an application for design approval, pursuant to thepr vailing law, a
design/map conforming to the building code.
(3) The map and design submitted pursuant to Sub-section (1) or
(2) shall have to be certified by the following person that they are in
conformity with the building code:
(a) In the case of a building of Category "A" set forth in
Section 8, the concerned designer,
(b) In the case of a building of Category "B" set forth in
Section 8, a civil engineer or architect,
(c) In the case of a building of Category "C" set forth in
Section 8, a person who has passed at least certifiate
level in civil engineering or architect from a
recognized educational institute.
12.12 Prohibition on approving Design/Map contrary to standards: (1)
The municipality shall not approve a design/ map as to be contrary to the
standards set forth in the building code.
(2) The Urban Development Office may make necessary inquiry
into whether the municipality has approved designs/maps in accordance
with the building code or not.
(3) If, in making inquiry pursuant to Sub-section (2), it appears that
any municipality has approved designs/maps in a manner to be contrary to
the building code, the Urban Development Office shall submit a report
thereof to the committee.
12 Amended by the First Amendment.


(4) If, upon examining the report received pursuant to Sub-section
(3), it seems to be reasonable, the committee shallwrite to the concerned
municipality to approve the designs/maps in consonance with the building
code.
(5) If it is so written pursuant to Sub-section (4), the concerned
municipality shall approve the designs/maps in consonance therewith.
13. Power to supervise Building Construction: (1) In the case of within
the municipal area, the municipality, and in the case of within the village
development area, the Urban Development Office may make supervision
whether any person, body or governmental body has built a building in
consonance with the standards prescribed by the building code or not.
(2) If, in making supervision pursuant to Sub-section (1), the
municipality or the Urban Development Office, as the case may be, finds
that any building is not in consonance with the standards prescribed by the
building code, it may give necessary directive to the concerned person,
body or governmental body, and it shall be the duty of the concerned
person, body or governmental body to abide such a directive.
14. Punishment: 13(1) If any person or body builds a building without
getting its design approved pursuant to this Act or in a manner to be
contrary to such an approved design or the standards set forth in the
building code, in the case of within the municipal area, the municipality,
and in the case of the village development area, the Urban Development
Office shall give order to immediately stop such construction.
14(2) If any person or body builds a building without getting its
design approved pursuant to this Act or in a manner to be contrary to such
an approved design or the standards set forth in the building code, the
13 Amended by the First Amendment.. 14 Amended by the First Amendment.


municipality or the Urban Development Office, as the case may be, may
order to demolish such a building or any part thereof and also fine the
person or body doing such construction with a sum not exceeding Fifty
Thousand Rupees.
(3) If the municipality or the Urban Development Office, as the
case may be, make an order to demolish a building or any part thereof
pursuant to Sub-section (2), the municipality or the Urban Development
Office, as the case may be, shall write to the concerned officers to
withhold the transfer of the title to, or mortgage such, a property to any
person in any manner, to refrain from distributing water supply,
electricity, telephone etc. to the building so build and to cut off such water
supply, electricity, telephone line etc. if already istributed, and the
concerned offices shall also do accordingly as requested.
15. Appeal: A person who is not satisfied with an order made by the
municipality or the Urban Development Office pursuant to Sub-section
(2) may make an appeal to the concerned Court of Appeal within Thirty
Five days of the receipt of the order.
16. To recover expenses incurred in Demolition of Building: (1) If an
order is made to demolish any building or any part thereof pursuant to
Sub-section (2) of Section 14, the concerned person, organization or
governmental body shall demolish such a building or any part thereof
within Thirty Five days after the date of decision made by the Court of
Appeal to demolish such a building or any part thereof where an appeal
has been made pursuant to Section 15 against such an order and within
Thirty Five days after the date of expiration of the time-limit for making
appeal where no appeal has been made.
(2) If the concerned person, organization or governme tal body
does not demolish such a building or any part thereof within the time-limit


referred to in Sub-section (1), the municipality or the Urban Development
Office itself may demolish such a building or part thereof, and the
expenses incurred in such demolition shall be recovred from the
concerned person or organization as a government due.
(3)15 If, in demolishing a building or any part thereof by the
municipality or the Urban Development Office pursuant to Sub-section
(2), more part than that to be demolished is demolished despite possible
effort, the municipality or the Urban Development Office shall not be
responsible for the same, and the concerned person shall not be entitled to
claim for compensation for any loss caused from the demolition of more
part than that to be demolished.
(4)16 In demolishing a building or any part thereof pursuant to Sub-
section (2), the Urban Development Office shall do so in presence of the
chairperson, vice-chairperson of the concerned Village Development
Committee or the concerned ward chairperson, and if they are not
available or do not appear, in presence of the secretary of the Village
Development Committee and of at least four local resid nts even if the
secretary does not appear.
18. 17 Notice to be Published: (1) The Government of Nepal shall publish a
notice of enforcement of the building code in the Npal Gazette for the
information of the general public.
(2) Upon the publication of a notice pursuant to Sub-section (1), a
person who desires to obtain a copy of the building code may obtain the
same from the Urban Development Office by paying the prescribed fee.
19. Delegation of authority: The Board may, as required, delegate any of
the powers conferred to in pursuant to this Act to the members of the
15 Amended by the First Amendment. 16 Inserted by the First Amendment. 17Amended by the First Amendment.


Board or any sub-committee formed pursuant to Section 6, governmental
bodies, municipality, Urban Development Office or any other officer
employee.
20. Power to give Direction: (1) The Government of Nepal may give
necessary direction to the Board in relation to theformulation and
enforcement of the building code.
(2) It shall be the duty of the Board to abide by the direction given
by the Government of Nepal pursuant to Sub-section (1).
21. This Act to Prevail: The matters set forth in this Act shall be governed
by it and the other matters shall be governed by the prevailing laws.
22. Power to frame Rules: The Government of Nepal may frame necessary
Rules to implement the objectives of this Act.