Commercial use of residences: CDA likely to restart operation from Monday

Authority likely to seal premises which are violating building by-laws

ISLAMABAD: The Capital Development Authority (CDA) is likely to resume its operation against businesses operating in residential from Monday.

The development comes just a day after the Islamabad High Court threw out petitions from 70 guesthouses in addition to a number of beauty parlours, boutiques, restaurants and think-tanks who were operating in residential buildings in violation of CDA rules.

A source in CDA’s Building Control Directorate (BCD), who spoke to The Express Tribune on the condition of anonymity, said that the authority is likely to start sealing those premises which are violating building by-laws and bring them in accordance with land-use rules.

According to CDA, since 2001 as many as 1,695 buildings did not conform to its building and land-use rules while over 2,000 proprietors were running commercial or nonconforming activities in their respective premises. This figure, however, has dropped to just 953 now, after owners of over 500 buildings had voluntarily made their properties conform to the rules.

A list submitted by CDA’s former Chairman Maroof Afzal in Supreme Court had identified 45 houses, complete with street addresses, which were being used as government offices by different departments while 14 were being used by ‘sensitive’ departments.

The CDA list also revealed that as many as 44 foreign missions were operating out of residential units and in turn they had blocked several roads for security purposes. These missions were using these buildings despite the fact that they had been allotted plots in the Diplomatic Enclave.

Issuing a short order, the IHC had dismissed petitions of 70 guesthouse proprietors who, along with others, had challenged CDA’s notices. The notices alleged nonconforming use and violation of the Islamabad Residential Sectors Zoning (Building Control) Regulations, 2005, and the CDA Ordinance, 1960.

The proprietors said the authority issued notices without mentioning the precise nature of the offense and threatened to demolish their premises.

Their counsel, Mohammad Akram Sheikh, had argued that his clients, being private individuals, were providing bed and breakfast facilities in different sectors.

“The notice fails to indicate what is considered as nonconforming use,” he had stated. The notices, Sheikh added, stated that if the petitioners did not halt their business, the premises would be sealed and heavy fines imposed.  He said the case of the petitioners was limited to the use of a residential building as a guesthouse providing bed and breakfast facility.

Published in The Express Tribune, September 24^th, 2016.