This is the case study to identify the conditions of the area on preserving

1. A case study in context of heritage with special
reference to Bhaktapur and Patan
Paper on: Heritage Conservation for privately owned
traditional residential dwelling
Are the existing legislative measures are sufficient for the
preservation of Vernacular Architecture with special reference to
Bhaktapur and Patan monument zone in context of heritage?
2013
Er. Amit Pokhrel
(B.E. Civil)/ M.Sc. Urban Design and Conservation, 3rd semester student,
Khwopa Engineering College, Libali, Bhaktapur
11/3/2013

2. Statuary Publication
The documents which are published here is
the sole publication of the Author. Any
misuse and the mis-interpretation of this
document by anyone, author does not take
the responsibility for the same.

3. Are the existing legislative measures are sufficient for the preservation
of Vernacular Architecture with special reference to Bhaktapur and Patan
monument zone in context of heritage?
(privately owned traditional building)
Case Study
The World Heritage Property within the Kathmandu Valley is probable one of the
most important structure in the world comprising of seven Monument Zones, each
with specific management requirements. Each Monument Zone contributes to the
outstanding universal value of the World Heritage Property. However , the threat to
each Zone is different in form and degree.
There are many existing legislative measures to preserve heritage property within
the Kathmandu Valley but the legistlative measures are own self hasn’t
implemented by itself in some cases which are found to be very inactive in case of
Kathmandu valley WH sites. Technically the legislative measures didn’t went for
addressing the privately owned Traditional building which should be preserved by
the municipality itself in its own area to save such historical buildings and
vernacular architecture.
Though there was an Integrated Management Plan which was introduced to safe
guard the historical traditional building, but also it has many drawbacks. it didn’t
addressed to privately owned residential dwellings in case of Patan and Bhaktapur.
both cities are rich in their architecture, carving and positive influences as well as
rich in culture and historical appearence.
The existing legislative measures aren’t sufficient for the preservation of
Vernacular Architecture with special reference to Bhaktapur and Patan monument
Zone in context of heritage to privately owned traditional building.
The key issues with special reference to Bhaktapur and Patan Monument Zone are
enlisted below:

4. Key Issues Analysis
1. Identification:
There is no detailed understanding and identification of the elements and attributes
that allows Patan and Bhaktapur to contribute to the outstanding universal value of
the Kathmandu Valley World Heritage Sites.
It has been especially lacking in respect to privately owned buildings. The
inventories with grading of monuments (A, B and C) need to be gazette and
incorporated into the legal and managerial framework of the WH areas.
Overlapping of authority and responsibilities within the WH area can be found due
to contradictions within the existing Legal Provisions. However, further
complications arise in respect to the Town Development Act 1988 which delegates
certain powers to the Kathmandu Valley Town Development Committee.
The practice of hereditary division of property often leads to the vertical division
of historic buildings. This has been one of the major causes for the destruction of
privately owned buildings within the WH area. There are no provisions in the
Legal Provisions to halt this practice.
2. Legal provisions
A new set of guidelines and building bylaws specific to the Monument Zone have
been prepared. These have, however, not been fully tested and implemented in
close cooperation with related authority and that’s why many residential dwelling
are demolished day by day and due to failure of legislative measures too, people
are destoying the traditional residential building and moving into
commercialization.
Clarification of overlapping authority and responsibilities and possible
amendments to the relative Legal Provisions needs to be made through
coordination and cooperation between all authorities working within the
Monument Zones and if it recovers, then, we can change the course to preserve the
privately owned traditional building.

5. The legal provisions must be institutionalized within the legal and managerial
framework of the Kathmandu Metropolitan City. For efficiency of the legal
provisions, overlapping authority and responsibilities must be eliminated and
incentives and subsidies must be provided.
3. Planning and Policy
Heritage conservation is one of the biggest challenges in context of urban
development. Heritage conservation is most often not given priority in municipal
planning, even in respect to the WH areas. The planning within the WH areas is
not coordinated with overall municipal planning. This is especially true in respect
to the planning of traffic, infrastructure and services, as well as for overall heritage
conservation planning which helps to destroy privately owned traditional
residential building within the heritage zone.
Risk Management has not been considered for the conservation planning of the
WH areas. Risk preparedness, especially in respect to earthquakes and fires, has
not been integrated into the overall planning of the WH areas; this is also one of
the drawbacks of legislative measures which haven’t address here to preserve all
kinds of structures within the heritage sites.
Operational strategies, controls and incentives have not been aimed towards the
conservation of privately owned heritage buildings, leading to demolition and
reconstruction of heritage buildings, with design adapted to the bylaws that are
officially valid for newly constructed buildings.
There is a lack of incentives (subsidies, grants and soft loans) being used as a
sustainable strategy for conservation of privately owned historic buildings. Most
funding agencies do not cater to private buildings. The valuation of historic
buildings is so low that banks and finance companies hesitate to offer loans for
restoration projects.No strategies have been developed for sustainable funding
mechanisms
There is no clear understanding of what “acceptable change” is in respect to the
WH areas, especially considering the controlled development of private property.

6. 4. Site Management
The Heritage Unit has not yet been given the full coordinative role within the
municipality to fulfill the responsibilities as Site Manager. There is a lack of
responsibility and understanding between the various municipal departments /
divisions and units.
The capacity of the Heritage Unit is inadequate to take over full responsibility of
dealing with the given task of Site Management. There is a lack of expertise as
well as personnel.
There is a lack of coordination amongst the various authorities dealing with
conservation and those dealing with the development of infrastructure and services.
Another essential link which has not been established is with the authorities
dealing with the ownership, purchase and sales of property within the WH areas.
There is no component within the management system to deal with emergencies.
This is especially so in respect to natural disasters, however also for urgent
response to illegal activities within the WH areas.
5. Community and Awareness
The relation between the heritage significance of the WH areas and the living
culture activities carried out by the community needs to be highlighted. but in the
case of Patan and Bhaktapur, it was not been implemented yet.
Legislative measures fail to address the Integrate development of heritage
conservation programs for primary, secondary and high school into regular
curriculum.
Very little is being undertaken inrespect to raising public awareness on the
significance of the cultural heritage that makes up the WH property. This is the
case not only in respect to the community living within the WH area, but also the
general public and the decision makers in the government. Schools lack programs
on heritage awareness.

7. No address was there for restoration and maintainenece as well as no development
strategies for the sustainable economy of the community within the WH areas
without impacting the heritage value of privately owned residential buildings
within the World Heritage Sites in Bhaktapur and Patan
Community involvement in conservation and management of WH areas is lacking
or not present at all. The community often has a negative impression of
conservation and therefore do not cooperate with the ongoing conservation efforts;
Homeowners lack knowledge of maintenance and restoration requirements for
historic buildings. This often leads to the Owners reverting to contemporary
construction procedures and techniques.
6. Sustainability
No strategies have been developed for sustainable funding mechanisms.There is no
follow-up on implementation and review of long term planning and management.
Fail to Prepare sustainable funding strategy and project proposals for community
participation and contributions for specific projects within the heritage sites in
Patan and Bhaktapur
Conclusion
Technically, if the legislative measures are being changed and modified and
revised according to the Conservation point of view and if few incentives are
provided to the people who owe their privately traditional building within the
world heritage zone, then many such historically importance building will be
preserved and remain its own fabric for a long time, otherwise demolition process
will go and one day the privately owned traditional residential building within the
monument zone in context of heritage at Patan and Bhaktapur will be converting
into concrete jungles affecting the whole area and losing its original fabric forever
Recomendation

8.  The building height should be manageable within the WH sites and there
should be a provision of maintaining their inside structures
 FAR shouln’t be increase more than 35 feet within the WH sites.
 The legislation should be revised time to time, for the betterment of WH
sites.
 Illegal elevation on a traditional building within WH sites/area should be
completely stopped to preserve its original fabric.
 Chaotic and unregulated urban development within the WH zone should be
properly regulated.
 Modification of juridical status of the property diminshing the degree of its
protection.
 Agencies or National Commissions should be responsible for implementing
the Convention in each State Party.
 Should be included to the issue of authenticity and/or integrity in relation to
the property.
 Street facades of traditional look should be preserved to preserve streetscape
and landscape of the surroundings of WH sites.
 Incentives should be there for those who follow the legislative practice for
restoration of buildings within the Monument Zone and WH sites
(Picture shows some drawbacks regarding both area)
Figure: Illegal inhabitation of building at Patan & Bhaktapur