Ashraful Islam Plabon
Every year, Dhaka gets the same wake-up call - a structure falls, a fire engulfs a commercial building, an explosion happens in a busy area. From the Nimtoli fire incident in 2010 to the collapse of Rana Plaza in 2013, to the FR Tower fire at Banani in 2019, to the recent Bailey Road fire tragedy in 2024, the cycle continues in the same way. We shed tears, set up probe committees, vow for change, and continue to grow the same way. The question that comes to mind is not whether Bangladesh has any laws regarding the construction industry and real estate business.
Greater Dhaka is inhabited by over 30 million people and is regarded as the world’s second most populated city. This is not surprising since the area boasts a very dense population that varies between 15,000 and 50,000 persons per square kilometer. All this growth is due to migration, increase in land prices and real estate development. However, most of this growth has been too fast for planning, development and regulations to keep up with. The roads that were built to cater to a less populated city now must manage the load of a megacity.
In terms of a legal framework which aims at facilitating such development, there is much more than nothing. As per the Building Construction Act, 1952, the government is given the authority to control the construction processes as well as demolish any structure which does not hold legal permission. According to the Dhaka Metropolitan Building (Construction, Development, Preservation and Removal) Rules, 2008, there are specific standards related to plot coverage, setback, height of buildings, and permits. There are also certain provisions regarding building safety, fire safety, and electrical safety as per the Bangladesh National Building Code 1993, which has been revised in 2020. The Fire Prevention and Extinguishing Act, 2003 requires fire safety provisions, and the Real Estate Development and Management Act, 2010 attempts to regulate development activities.
Approving a building plan is just the starting. What really matters is how the construction process matches up to the plan, the quality of construction material used, and inspections carried out at various stages. RAJUK and other agencies lack staff to oversee the many structures being constructed all around the city. There is much violation of approved plans through additional floors, reduced setbacks, or changing residential use into commercial use, and there is no punishment for doing so.
Historic buildings constitute a ticking time bomb. Many historic neighbourhoods like Old Dhaka and others consist of buildings that were constructed prior to any safety standards and are home to chemical storages, factories, and residences. However, our legal system is inefficient when it comes to the renovation of such buildings and demolition of the hazardous ones, largely due to tenant problems, divided ownership, and sensitivity of the issue. Yet, the location of the city is known to be seismically active, and an earthquake may cause massive damage to the historic buildings of Dhaka.
There is blatant disregard for environmental legislation. The Act relating to the Preservation of Playgrounds, Open Spaces, Parks and Natural Water Bodies, 2000, and other legislation were supposed to ensure protection of the ‘lungs of the city’ and its drainage. But there have been continuous cases of filling up canals, lakes, and wetlands, resulting in water logging and deforestation. Landmark orders have been passed by the High Court to protect rivers even making them ‘persons under law’.
The buyer continues to be at risk. While the Real Estate Act 2010 was created to install discipline among the developers and safeguard the interests of the flat buyers, there are many buyers who continue to suffer from delays, alterations, questionable land titles, and unapproved buildings. There are many buyers who are unaware of the fact that they must check all these before paying the first installment.
The Right to Safety is a fundamental right and not a privilege. The right to life under Article 32 of the Constitution can never be safeguarded where people must reside and earn their livelihood in buildings which might at any time cave in or catch fire. Several decisions have been passed by our Courts in public interest cases against unsafe buildings and encroachments. The decisions are useful, but they are not required in such large numbers.
Enforcement must be predictable and unbiased. Penalties must be fast and appropriate and may include demolition of the illegal construction even if it is the property of influential individuals. The process of inspection and certification needs to be upgraded. Electronic plan approval, staged inspections and availability of public information about approvals and occupancy of the building would lessen discretion and corruption. Structural and fire safety audits of risky buildings need to be compulsory and available to residents.
The city of Dhaka will keep growing. But unregulated growth is not development; it is just piling up risks. The laws which exist in Bangladesh and which are used properly would help avoid most of the tragedies which took place. The problem lies not in the papers but in the will to apply the laws against the people who possess power, in the lack of inspections and planning, in putting human life above temporary benefits. We are creating a big city; however, we are not making it safe.
Ashraful Islam Plabon studies Law in
Bangladesh University of Professionals
(BUP), Mirpur Cantonment, Dhaka.
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