Ignoring earthquake risks, Jammu and Kashmir government proposes drastic changes to building codes

SRINAGAR: The Jammu and Kashmir government has proposed removing all restrictions on floor area ratio (FAR) or floor space index (FSI) for both residential and commercial spaces, and removing restrictions on building height or size.

The proposed amendments to the J&K Uniform Building Regulations (UBBL)-2021 introduced general suggestions till January 18 and removed the FAR for all categories of plots, including all categories of residential and commercial complexes, cinema theatres, shopping centres, jhangars, community centres, and function halls. This means that the owner or developer can add as many floors as he wants and carry out the construction without any restrictions on floor coverage except setbacks.

To simplify, in general, current law only allowed the construction of three-storey homes, but the proposed changes would allow the owner to build infinite storeys, raising questions about their usefulness. This would be a departure from the current four-year-old law passed by the lieutenant governor-led administration in 2021, which sets a cap on the height or size. The proposed change also goes against the topography of the region and poses major risks to people and their properties as Jammu and Kashmir falls in the high-risk seismic zone V.

The amendments, if implemented, could radically change the façade of urban history of cities like Srinagar and Jammu. Experts and city planners explain that the FAR regulates building height and volume, and removing it means one can cover the entire building area.

The proposed changes justify the statement that the concept of ground coverage has been removed because the concept of minimum setbacks already exists. Moreover, the document states that these changes, including construction lines, have been made to “increase the competitiveness of real estate in Jammu and Kashmir compared to other states in the country.”

Likewise, the changes diluted land use, allowing all types of construction, including commercial, in residential (RI) areas. This indicates that one can conduct business activities in areas specifically designated as residential areas in the previous regulations.

This proposal violates the Model Regulations prepared by the central government, which is the standard document for building codes across the country.

A senior engineer in the government, who was surprised by the amendments, said that the person behind the change could neither be a city planner nor a resident of Jammu and Kashmir. He listed consequences such as urban flooding, traffic congestion and changing facade of heritage cities like Srinagar.

To recall, UNESCO listed Srinagar as part of the UNESCO Creative Cities Network (UCCN) for Handicrafts and Folk Arts in 2021, followed by a “World Crafts City” by the World Crafts Council (WCC) in 2024.

It is learned that many, including senior planners in both regions, who are the key people in approving the amendments, were surprised to see the proposal on the website.

A source said a planner was preparing a memorandum to the government against the changes, which they said also violated the master plan.

Internal drafts seen by ETV Bharat showed that they highlighted major changes, including removal of FAF, building lines, zoning, land use and fences.

The memorandum also indicates allowing construction, whether commercial or residential, on lands designated for recreational purposes. This includes public parks, botanical gardens, etc. “This is a very strange draft. “We are studying the proposed changes and have found that they are not feasible for any area,” said an official who requested anonymity.

On the ground, officials and experts acknowledge that there are some issues where building codes require specific changes. This stems from uniform bylaws for the entire Jammu and Kashmir with diverse topography in both districts and districts. The laws applicable to the mountains of Kupwara apply to the plains of Kathua as well.

This has necessitated some adjustments from city planning departments, but surprisingly has not been incorporated anywhere since last year, raising questions about the reason for the new changes.

A senior official claimed that they believe that the special advisor, who was brought in for some development work in Jammu and Kashmir, is most likely the mastermind behind the proposed changes.

The advisor, according to the official insider of the meeting, highlighted almost the same points mentioned in the draft during his presentation on transit-oriented development (TOD) to Prime Minister Omar Abdullah on Wednesday.

J&K Housing and Urban Development Department Commissioner Secretary Mandeep Kaur, when contacted, asked for questions to be mailed. The story will be updated once we receive a response.

The Environmental Policy Group, an advocacy group based in Kashmir, warned that the proposed amendments could have far-reaching environmental consequences. They cited potential impacts on green building standards, rainwater harvesting, solar energy adoption, waste management, and conservation of environmentally sensitive areas.

Kashmir Chamber of Commerce and Industry (KCCCI) Secretary General Faiz Bakshi described the proposed changes as a “disaster” in waiting, saying they had written to the Prime Minister to take stock and extend the deadline to 90 days.

The apex trade body urged his immediate intervention to address concerns and ensure a more thorough and comprehensive consultation process.

“This will not only improve the quality of the final regulations, but will also enhance public confidence in governance processes,” Bakshi said. “The proposal lifted restrictions on height or ground coverage.”

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Jammu and Kashmir government's proposal to amend building codes raises environmental concerns Major earthquake possible in Uttarakhand, but experts say they can't predict date

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