Relocating from the Old Town

Conscious and concerned architects are calling for Transfer of Development Rights, a system by which old buildings of heritage value can be preserved

by SHAFIQ RAHMAN

The three-storied building is apparently old, but elegant. The detailed work on its walls speaks of artistry hard to come by these days. Entering through the main gate, one steps into a courtyard leading to a similar type of building. This is an old house at 45 BK Das Lane in Farashganj of Old Dhaka. It is believed to have been built in 1918 and experts attribute the design, architecture and intricate work to the French style in vogue in the early twentieth century. After surviving all sorts of natural and human-inflicted wear and tear over a span of almost a century, this building with great heritage is now on the verge of destruction. The owner of the house is after more profitable dealings with the land than “wasting” this property in the name of conservation. In fact, some parts of the building have already been demolished. Yet another amazing heritage site stands on the brink of demolition.
People and organizations engaged in promoting heritage sites and heritage buildings have recently grown somewhat vocal. They demand enactment of Transfer of Development Rights (TDR), which they think would be a good starting point towards the ultimate aim of saving and then conserving heritage sites and structures across the country.
TDR is a rather new concept. It refers to the notion of restricting development work in an area and transferring it to some other place.
The idea originated in USA. Around a couple of decades ago some parts of America witnessed a boom of multi-storyed buildings being constructed on cultivable land. The TDR concept was used to save cultivable land. Now the same technique is being applied to cases where some heritage buildings face destruction. When a heritage building grows old, the owner considers pulling it down and raising a new modern structure. The problem is apparent. The owner of the land cannot be forced to give up his plans as it involves direct economic benefit of the owner, not to mention his freedom to build a house of his own choice. Under TDR the owner is given space in a different place, which saves the heritage building and at the same time the owner does not lose anything.
Dhaka is expanding both vertically and horizontally. A small plot of land in Dhaka is like a goldmine.  The Dhaka of 50s, 60s and even 70s with quite a large number of heritage buildings has now grown into a concrete jungle, with mindless filling up of all sorts of open spaces. After the assault on open spaces, now old buildings are the target. A good number of these buildings are of great heritage value. These majestic buildings, if they could be saved, would give Dhaka a feel similar to cities like Rome or Delhi. But that was not to be.
According to new house building regulations, an owner has to leave a certain amount of space and is allowed to build specified number of floors. For instance the house at BK Das Lane in Farashganj has an area of 11 kathas. The new regulation allows the owner a floor area of 8,000 sq ft. The building also cannot be more than eight-storied. If the owner is asked to leave the land on which the heritage buildings stand and if he agrees, his floor area comes down to 2,000 sq ft. It means he is losing 6,000 sq ft. If TDR formula is applied here then the owner will sell these 6,000 sq ft to some developing companies. This company will then select one of its project sites, say in Uttara. Originally he is entitled to 10,000 sq ft. But since he has bought 6,000 sq ft in the Farashganj heritage site, he is now allowed to own an FR of 16,000 sq ft. When Real Estate and Housing Association of Bangladesh (REHAB) Chairman learnt of this unique idea he welcomed it. He however is favour of analysing the pros and cons of the concept before it is adopted and law are enacted in this regard.
In the context of Bangladesh it is undoubtedly difficult to introduce such a concept. Many believe the campaign should start now so that a favourable situation is created in the foreseeable future. Urban Studies Group (USG), a voluntary organization, has been working in this area for several years now. They were the one who first talked about TDR. They sent an application to Secretary of Housing and Public Works Ministry and President of City Development Committee requesting to incorporate TDR within Dhaka City House Building Regulations on 27 May 2008. The ministry, of course, has not replied. Insiders say it is too early to introduce it as there is little awareness about such arrangement.
USG Chief Architect Taimur Islam says, “It is now obvious that Dhaka is experiencing a reckless building spree. Absence of any long-term development plan for Dhaka, sharp rise in land price, and heavy demand on land for commercial use have created the appalling situation. In this situation TDR looks like the only way to save the remaining heritage buildings in the city. This is a good tool to persuade the owner of a certain piece of land not to demolish a heritage building on his land.”
Islam suggests while campaign for TDR goes on, it is important to make a list of all the heritage buildings in Dhaka. Thankfully, he adds, a standing committee was formed with the Architect Department’s Chief Engineer as the Convenor in the 17th meeting of the City Development Committee on 27 May 2008. Representatives of other relevant departments, city planners and architects are also in the committee. The committee has been tasked to prepare a list of the buildings with historic, scientific, aesthetic, religious importance within 31 July. Architect Nahas Ahmed says, “Preparing a list is a good idea, especially when we did not have any list. But it should be a continuous job, if it has to lead to something good.” Because, he explains, a certain building just might become a heritage building after 30 or 40 years.
The TDR law can keep a provision of issuing a certificate to the land owner where there is a heritage building. Now he can sell this certificate whenever he wants. And he wants to hand this over to his/her son/daughter who would inherit this property after his/her death. “There can also be a bank called TDR bank where a landowner can keep his certificate. There is a chance of big developer companies might dominate this area and landowners particularly those with small land might feel hostage at their hands. The bank can be there to address this problem. In this case the developer will purchase the certificate from the bank, instead of from individuals,” Taimur explains.
The law should also demarcate the sending and receiving areas. The areas that are comparatively less developed and have less density should be considered as receiving areas. Taimur says the developer companies have supported and assisted government initiatives when new house building laws were enacted. “In this case too, I am sure they would come forward for the sake of the cause,” Islam believes.

Government doesn’t need to pay

Another beauty of TDR is unlike the usual case the government does not need to pay first to acquire the land and then for renovation of the heritage building. TDR clearly puts this responsibility on the owner and developer companies. If the remaining heritage buildings in Dhaka have to be saved TDR is the best way to go about it. Will the government consider this seriously?