Building faults overlooked if officials are appeased

It is compulsory to get an occupancy certificate from RAJUK before starting to use any building. This is because a building can be risky even after being constructed with RAJUK permission, if the regulations pertaining to occupancy are not properly followed. The building in which people were killed on Bailey Road had no occupancy certificate. It also had no permission for restaurants and other shops. It has been alleged that everything was operating in this business by 'appeasing' the officials of RAJUK and government agencies.

If a building does not any have occupancy certificate, it cannot get a fire licence. And no business enterprise in that building can thus get a trade licence.

The Rajdhani Unnayan Kartripakkho (RAJUK), in charge of city development, is the authority to issue the occupancy certificate. The Fire Service and Civil Defence Directorate issues the fire licence. The city corporation issues trade licences.

Green Cozy Cottage on Bailey Road had no occupancy certificate. After 46 persons died when a fire broke out in the building on 29 February, the police filed a case at the Ramna police station where it was stated that restaurant businesses (eight restaurants, cafes and other shops) were running there after "managing" RAJUK's inspectors.

The fire service issued a fire licence to the building even though it did not have an occupancy certificate. And Dhaka South City Corporation gave trade licences to the restaurants and other businesses in the building.

President of the Bangladesh Institute of Planners (BIP), Professor Adil Muhammad Khan, told Prothom Alo, after the construction of the eight-storey Green Cozy Cottage building, it was mainly the responsibility of RAJUK to check whether the rules and regulations were being followed. They were extremely negligent and had serious discrepancies in their monitoring.

No action has been taken against single RAJUK official till now. The fire service and Dhaka South City Corporation must also take responsibility for this incident. The fact remains that all these irregularities are covered up by appeasing the officials of various government agencies.

After the death of 46 persons in the Bailey Road fire, the police, RAJUK as well as Dhaka North and South city corporations have been carrying out raids on restaurants in various areas of Dhaka. During these raids it was seen that restaurants have been running in violation of the regulations in various buildings around the city.

At least 10 no-objection certificates are required to run a restaurant. A licence must be issued by the deputy commissioner's office, the city corporation has to issue three certificates including a no-objection certificate for business, a fire licence is to be taken from the fire service, the department of environment has to give clearance, the Department for Inspection of Factories and Establishments gives licences for commercial establishments, and a VAT registration certification has to be collected from the National Board of Revenue. Also, if yoghurt, borhani or other bottled or packaged food items are sold in any restaurant, a certificate from BSTI is also required.

Speaking to Prothom Alo, secretary general of Bangladesh Restaurant Owners Association, Imran Hasan, said often it is not possible to find out whether an building has an occupancy certificate or not. We just have to believe the owner of the building. It requires over 10 certificates from various government agencies to run a restaurant. One has to go around various government offices to "manage" these. After going around and "managing" at so many points, only then permission can be availed to run a restaurant.

RAJUK's responsibilities, what it does

RAJUK has no accurate account of how many buildings there are without permission in Dhaka. However, the physical survey that is underway for RAJUK's Detailed Area PLAN (DAP), can give an idea in this regard. There are around 2,145,000 structures in the area under DAP (Dhaka's two city corporations, Savar upazila, Keraniganj, Narayanganj and part of Gazipur).

According to the survey, from 2006 till 2016, every year 95,000 new structures were erected on average in the area under RAJUK. Yet in the same span of time, RAJUK gave its approval for 4,175 new structures on average every year. That means, 95.36 per cent of the structures constructed in these ten years were illegal.

RAJUK carried out a separate survey from January till August 2018. The survey revealed a shocking picture of buildings sprouting up in violation of the rules. According to the survey, 94.76 per cent of the buildings in Mirpur, Mohammedpur and Pallabi, around 97 per cent of the buildings in Rampura, Motijheel and Khilgaon, and around 89 per cent of the buildings in Dhanmondi were constructed without adhering to the approved design.

According to the Building Construction Code-2008, if there are any discrepancies in the approval and rules pertaining to use of the building, RAJUK has the authority to carry out a drive and impose fines, order renovation, issue warnings and even demolish the building is proven to be risky. However, it is alleged that even if the regulations are not followed, RAJUK does not take legal recourse.

RAJUK member (development control) Mohammad Abdul Ahad, told Prothom Alo, the building's occupancy certificate could not be implemented fully. Several inter-ministerial teams were working on it.

City corporation and fire service don't want to take blame

According to the Local Government (City Corporation) Act-2009, the Building Construction Code-2008, and the Fire Prevention and Fighting Act (2003), the city corporation can carry out raids on illegal and risky buildings. The city corporation also has the authority to force the building owner to take necessary measures.

Speaking to Prothom Alo about trade licences, Dhaka South City Corporation Chief Executive Officer (CEO) Mizanur Rahman said that in order to make it easier to provide people with service, trade licences are issued after checking agreement deeds and certain general papers.

Both the building authorities and the business establishment including restaurants in the building are required to have fire licences to be issued by the fire service. It is alleged that these certificates are being provided even without occupancy certificates. After the fire broke out at Green Cozy Cottage, the fire service showed a letter to the media where the fire service had warned a restaurant on the eighth floor for not following the condition after being given the licence.

No restaurant was supposed to be given the permission to run in building in the first place since the building didn't have an occupancy certificate. According to the building design, the eighth floor of the building was to be used for residential purposes. But there was a restaurant there too. And the fire service had given the restaurant fire certificates too. On 5 September, the fire service's warehouse inspector Adhir Chandra Howladar had renewed the fire licence of the restaurant on 22 conditions.

Prothom Alo contracted Adhir Chandra Howladar Thursday night to find out how the fire certificate was renewed without the building having any occupancy certificate, but he was unwilling to comment.

RAJUK wants to be 'active' now

After the fire in the building on Bailey Road, RAJUK is now eager to take action concerning buildings which have been constructed disregarding the rules and regulations. RAJUK's urban development committee held a meeting and decided that eight teams will begin working in RAJUK's eight zones from Sunday to identify building constructed with approval but which have no occupancy certificates. At the same time, buildings without approval will also be identified. The city corporation, fire service, explosives directorate and Dhaka district administration will also provide assistance in the drive.

RAJUK member (development control) Mohammad Abdul Ahad told Prothom Alo, if the buildings that have violated the rules can be identified, it will be easier to resolve the matters. Buildings with flaws will be issued letters of warning. They will be given deadlines within which the flaws will have to be fixed. If they do not do so, action will be taken.

According to RAJUK, after a fire broke out in FR Tower in Banani inn 2019, a survey revealed that 1,800 buildings were faulty. Notices had been issued to this buildings are various times. RAJUK does not have any record of how many of these buildings fixed the faults.

Bangladesh Poribesh Andolan vice president, architect Iqbal Habib, feels that the government establishments in charge of overseeing building construction and occupancy have displayed "unprecedented negligence". Speaking to Prothom Alo, he said that there were shortcomings in the government agencies that were overseeing occupancy after construction, issuing fire certificates and permission to run business enterprises. It is imperative to form a taskforce and take integrated action to ensure the buildings are free of fire risks and have a safe environment for running businesses. If this can't be done, then there may further incidents similar to the Bailey Road incident in the days to come.