Chapter 7

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CHAPTER 7 - DANGEROUS BUILDINGS

7-1. General.

For the purposes of this chapter all such buildings, walls or structures which are declared by the Technical Committee on Dangerous Buildings as dangerous shall lie in the following two categories:

7-1.1. Any Building or structure whose strength, stability, serviceability, robustness and/or durability has been impaired due to any reason such as improper structural design and detailing, faulty and/or poor construction, decay, dilapidation, obsolescence, natural disasters or leading to abandonment due to all these reasons to a level, where it can not be restored to its original status, shall classify as Dangerous Building Category-1, and shall liable to be demolished.

7-1.2. Any building or structure or part thereof whose strength, stability, robustness, serviceability and/or durability has been impaired due to all such reasons as cited in 7.1.1 to a level, where it could by way of strengthening, restrengthening, upraisal and restoration be brought partially or wholly near to its original status, shall be classified as Dangerous Building Category-2, and shall be governed by the Regulation No.7-4 set forth in these regulations.

7-2. Technical Committee on Dangerous Buildings(TCDB).

7-2.1. The Controller of Buildings of the concerned Circle of the Authority shall examine, or cause to examine, every building or structure or portion thereof in his Circle reported as dangerous, and shall refer the matter to the Technical Committee specially constituted by the Authority for a term of office not more than three years. The committee shall be reconstituted after every ten years.

7-2.1.1. A nominee of Pakistan Engineering Council who has at least 15 years of practical experience in the field of Structural Engineering.

7-2.1.2. A nominee of Pakistan Council of Architects & Town Planners, who has at least 15 years of practical experience in the professional field.

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7-2.1.3. A nominee of K.M.C. not less than the rank of Chief Engineer with experience in the relevant field.

7-2.1.4. A nominee of KDA not less than the rank of Superintending Engineer with experience in the relevant field.

7-2.1.5. A nominee of Department of Heritage

7-2.1.6. COB (Dangerous Buildings), Member/Secretary of the Committee.

7-2.1.7. In addition to the above, the committee (TCDB) may co-opt experts for specific purposes as and when required. The Committee shall operate under the rules of business, as framed and approved by the Committee in its first meeting.

7-2.2. If in the opinion of COB of the concerned Circle, a building or part thereof has become dangerous for human habitation he shall give at least twenty four hours (24 hrs) notice to the owner/ owners or occupants (who need not to be named) for inspection of such buildings by the Technical Committee (TCDB).

7-2.3. In case the Technical Committee (TCDB) considers a building or a part thereof repairable or modifiable without causing danger to human life or property, it may issue such orders to the owner/occupant/tenant of such building in this regard.

7-2.4. If the above Technical Committee finds such building dangerous/ ruinous/unsafe after proper inspection and investigation, Controller of Buildings of the concerned Circle shall serve to the owner of such building or structure a written notice stating the defects thereof as determined by the TCDB, and shall require the owner or person in-charge of the building or premises to commence either the required repairs or improvements, or demolition and removal of the building or structural portion thereof as the case may be, and all such works shall be commence/completed within the period specified by the Committee(TCDB).

7-3. Buildings Unfit for Human Habitation and Notice Of Prohibition

7-3.1. If for any reason it shall appear to the Authority that any building or part thereof intended or used for human habitation or human occupation for any purpose whatsoever is unfit for such uses, it shall signify its intention to prohibit the further

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use of such building or part of a building and call upon the owner or occupiers / tenants to state in writing their objections (if any), to such prohibition within fifteen(15) days after the receipt of such notice. If no objection is raised by such owner or occupier within the prescribed period or if any objection which is raised appears to the Authority to be invalid or insufficient, the Authority may prohibit by an order in writing the further use of such building or part thereof and immediately inform the Committee(TCDB) for further necessary action. The owner or occupier of the building shall be given an opportunity of appearing before Authority in person or by an agent in support of his objection, if he so desires.

7-3.2. Notice of such prohibition shall be served in person or by any courier service, mail, or by pasting at site in presence of authorised officer of Authority upon the building or part of the building affected thereby and also upon every occupied portion thereof (wherein the occupant need not to be named), stating the fact of such prohibition and appointing a day (not being more than fourteen (14) days after the date of such notice) before which every such person shall remove himself and his property from the said building or part thereof; and if on the day so appointed such person has failed to remove himself and his property as aforesaid, the Authority may cause him and his property to be removed at his own risk and cost. In case of imminent danger, 24 hours notice may be issued by the Authority.

7-3.3. When a building or part of a building has been vacated under Clause 7-3.2, the Authority shall cause to be displayed at each entrance at prominent places to such building a notice to read “DO NOT ENTER, UNSAFE TO OCCUPY” in English & Urdu and no person except with the permission in writing of the Authority and in accordance with the terms and conditions of such permission, shall enter into or remain in such building or part thereof. Such notice shall remain displayed until the required repairs, demolition, or removal are completed. Such notice shall not be removed without written permission of the Authority.

7-4. Alteration/Modification/Updates and Repairs of Dangerous Buildings of Category-2.

7-4.1. At any time after a building or part of a building has been vacated under Clause 7-3.2 if the Committee (TCDB) considers that it can be rendered fit for human habitation by the structural

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alterations/repairs of modification/updates or repairs before or after the vacation of habitants from such buildings, the Committee (TCDB) may by notice in writing call upon the owner to commence through Professional within such time as may be specified (but not less than thirty(30) days) and to complete within the period as specified in the notice but not more than ninety(90) days from the date of receipt of such notice, such structural alterations/ modifications/up-dates or repairs, as deemed necessary and if at the expiration of the aforesaid period such alterations/modifications/updates or repairs have not been commenced or completed to the satisfaction of Authority it shall issue to the said owner a notice in writing ordering the demolition within thirty (30) days from the date of receipt of such notice.

7-4.2. If the Technical Committee on Dangerous Buildings (TCDB) considers it impracticable to render such building or part thereof fit for human habitation the concerned Controller of Buildings may by notice in writing call upon the owner to demolish it in a period specified by the committee.

7-5. Demolition of Dangerous Buildings on Expiration of Notice Period.

If at the expiration of the period specified in the notice and order to demolish a building or part of a building issued under Clause 7-4 has not been complied with, the Authority may direct, by an order in writing, the demolition thereof by through approved contractor (who has on his roll at least one Professional responsible for undertaking all necessary safety measures during the process of demolition) as per procedure laid down by the Authority. The credit if any, of the cost of such demolition and sale after appropriation, shall be paid to the owner after deducting the charges accrued by the Authority for such demolition. In case the sale proceeds are insufficient to meet total charges of the Authority for such demolition the same shall be recovered from the owner as the arrears of land revenue.

7-6. Extension of Period For Repairable Buildings

7-6.1. For sufficient causes, the Authority may recommend and refer to extend the time allowed under, or prescribed by, Clause 7-4 above, to the Committee (TCDB).

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7-7. Evacuation of Dangerous Buildings

7-7.1. If in the opinion of the Authority, any building, wall, or structure or anything affixed thereto is in a hazardous or dangerous state, Authority may, by notice in writing, require the owner or occupier thereof forthwith either to remove the same or to cause such repairs to be made thereto as the Authority considers necessary for the public safety, and if the danger appears to be imminent, the Authority may forthwith take such steps as may be required to avert such danger, including the evacuation without notice from such building of all the occupiers thereof.

7-7.2. Any expenses incurred by the Authority under Clause 7-7.1 shall be paid by the owner concerned.

7-7.3. When the owner of any building, wall, structure or any thing affixed thereto fails to execute the repairs required from him by the Authority under Clause 7-7.1, the tenant/occupy of such building, wall, structure or anything affixed thereto may, with the previous approval of the Authority, carry out such repairs.

7-7.4. Except with the permission in writing of the Authority no person shall enter into or remain in any building from which the tenant/occupier has been removed under Clause 7-7.1.