Around three months ago on 8th August 2024 the Cabinet approved the new Thimphu Design Code submitted by the Royal Commission for Urban Development and the Ministry of Infrastructure and Transport.
The design code will result in far reaching changes in not only how future structures are built but also impact the current structures and land and building uses. It will mean more parks and green areas for Thimphu and more space for families, pedestrians and health enthusiasts.
While the Thimphu Structure Plan 2023 outlined the vision for Thimphu from Dodena in the north to Rama in the South, the Thimphu Design Code is its implementation laying out the land use, types of areas, building types and designs allowed and basically what can and cannot be done in the city.
Denser core and urban areas and lighter suburban areas and outskirts
An official associated with the design code said that one of the main aims of the code is to avoid urban sprawls and instead make more use of the core and urban areas where facilities like big roads, water, sewage, lights etc. have been installed but it is not as intensely used or habited as it should be.
He explained that in the current system people are living too far away from the core and urban areas which means the facilities are underutilized, long travel time and cost and also the pressure to extend or stretch out services.
The design code allows for more built-up areas by around 13% in the City Core and Major Employment Areas which are for commercial activities, offices and residential use and 7% in the Urban 1 and Urban II areas more for residential areas.
It, however, reduces built up areas in Suburban I, II and III areas and Rural areas which are more in outskirts, slopes and previous E 4 zones by anything from 5 to 15%. There will no longer be E 4 zones but they will be reclassified as rural areas.
However, more built-up area will not necessarily translate into bigger and higher structures. The old style of giving the number of floors allowed and coverage or built-up area has been changed. For example, in the past if you had a 10-decimal plot in Changzamtog you would be allowed to go around 4 to 5 storeys high not counting the basement and build on 50% or 40% with the remaining 50% or 60% kept as parking and set back which is the mandatory 3 meter distance of the building from nearby plots.
In the new system the number of floors will be given and the area allowed to be built up will not be like a simple 50% of the past on the 10 decimal plot at 5 decimals, but it will be calculated using the Floor Area Ratio or FAR which is Gross Floor Area or total built up area adding every floor divided by the total plot size. The FAR for Changzamtog is 2.2 or 220% of the total plot size which essentially means you can build 220% of the 10 decimal plot size or 20.20 decimals which can mean 5 storeys of 4.4 decimal on each floor or 6 storeys of 3.36 decimal area on each floor.
While the basement will be counted as a floor, the FAR system does not count the basement if it is used as parking. It also does not count staircase, lift, shute and Jamtho (attic). FAR is designed in such a way that builders are encouraged to not only build vertically but also horizontally with lower height buildings and more spread-out structures with the same FAR. This allows for more flexibility. So, unlike the past you don’t have to build on the 5 decimals and go high but you can build on 6 decimals and stay lower with the same FAR. You basically have 20.20 decimals of built up area to play with and you can still choose to go vertical or spread it out more at the base and get higher value from the larger number of lower floors.
This is also possible because unlike the earlier constructions you don’t have to keep one parking per apartment but two apartments can have one parking as part of an effort to emphasize public transport which will be improved.
Also, unlike now, car parking for new structures will not be allowed in the front but in the back and sides if covered by bushes or other structures.
To encourage more built-up areas in core, high employment areas and Urban I and II the design code will now allow building owners to build a joint structure or ‘party wall’ between the set back or gap of two buildings just one floor below the top floor and this can be used for residence, commercial, office, room extension etc.
For example, if there are two five storeys buildings in town with a 6-meter set back gap between them they can build 4 storeys of rooms in this 6-meter gap connecting the two buildings. As an incentive, the design plan will assign them a 40% additional FAR or built-up area. The buildings can continue doing that for an 80-meter stretch at a time connecting many buildings into blocks. The other restriction is that it should not take away sunlight and air from bedrooms.
The design code divides Thimphu into 5 parts. Up north is rural Kabesa. Then next is North Thimphu that includes Dechencholing, Taba, Pamtsho, Jungshina, Hejo-Samtenling and Lanjophakha.
Central Thimphu includes the City Core, Mothithang, Zilukha, Changgidaphu, Changzamtog, Changbangdhu, Yangchenphug and Changangkha.
South Thimphu includes Olakha, Babesa, Lubding, Simtokha, Tshalumarphy and Serbithang.
Finally, the fifth area is the Southern Extension which is Debsi, Rama, Gangchey Neyezergang and Ngabiphu which will have potential for future expansion if and when there is a need.
The types of area
A question now is what are the new classifications and what is the building height and the FAR allowed.
The old classifications of UV, E-4 etc have been done away with and there are now new criteria for Thimphu taking into account usage, infrastructure and geological hazards zonation like flood, engineering geology, soil type, material deposit, water content, slope and earthquake risk.
The first is the cultural and heritage sites which are essentially Dzong and Lhakhang areas like Tashichhodzong, Dechenphug, Wangditse, Dechen Phodrang, Buddha Point etc. where development is not allowed in the immediate surrounding areas.
The second is rural areas where only two floors of houses will be allowed which can go up to three once the Local Area Plan is done and carrying capacity is assessed.
Here the FAR is 50% for very small plots under 7 decimals (3.5 decimal) and 60% for normal or bigger plots. So, if you have a 10 decimal plot your FAR at 60% is 6 decimals. This means can build two to three floors (if LAP allows) but the total built up area is 6 decimals which means each floor for 3 floors should not be bigger than 2 decimals each. The other option is building two floors of 3 decimals each as long as the total is 6 decimals.
Here the entire Kabesa valley is classified as a rural area to preserve its rural aspects but it will be given facilities in line with its carrying capacity and usage.
Rural has also been used in the context of removing the E 4 classification and putting the more slopy and wooded areas of E 4 under rural like the upper extreme end of Kala Bazar, area above Hindu Temple in Buddha point, Lubding, Upper Serbithang, Semtokha, above Thimphu welcome gate and the Royal Thimphu College area.
The other category is Suburban III where three floors are allowed with 50% FAR for plots at 7 decimals and below and 60% FAR for 8 to 20 decimal plots and 75% FAR for plots above 20 to 50 decimal and 110% FAR for plots above 50 decimals.
These places are upper Debsi or North Debsi, the entire stretch across the Wangchu from Yangchenphu to Jambayang Resort, the upper Changzamtog or its slopy part below Buddha point, the Lungtenphu and Dantak area, Chubogang and IT park area on the higher slopes of Babesa, Lower Serbithang, Zilukha, parts of Upper Samtenling and areas above Kuengacholing in Mothithang.
Under Suburban II category a total of four floors are allowed. The FAR for plots below 7 decimals is 80% and 100% for 7 to 20 decimals and 120% from 20 decimal onwards and 160% FAR for above 50 decimal plots.
Here the entire Changbangdhu area is under Suburban II, slopy areas just below the Lungtenphu road in Olakha, slopy parts of Pamtsho and the area above Mothithang school.
In Suburban I category 4 floors are allowed and FAR is 110% for 7 to 20 decimals, 130% for above 20 to 50 decimals and 170% for above 50 decimals. The areas under Suburban one is Dechencholing, Dangrina, Rama and lower or Southern Debsi where the land is plainer.
Urban II allows for five floors and 180% FAR for 9 to 20 decimals. The FAR goes up to 280% for bigger plots and down to 140 and 150% for smaller plots under 9 decimals. Urban 2 areas are Lanjophakha, Upper Changzamtog which is the area above the main road that heads to Kala Bazar and Lower Kala Bazar or Changgidaphu.
Urban I allows for 6 floors and the FAR for 9 to 20 decimals plot is 220%. It is 170% FAR for plots under 9 decimals and goes to 250% FAR from above 20 decimals and to 320% FAR for plots above 50 decimals.
The Urban I areas are Taba, Bebena, Lower Mothithang from below Mothithang school, lower Changzamtog below the road going to Kala Bazar, Olakha and Babesa.
There is then the Major Employment Area and here 6 floors are allowed and FAR 9 to 20 decimals are 220%, and for above 20 decimals it is 250% FAR and 320% FAR for plots above 50 decimals.
The main purpose for the Major Employment Areas located in North, Central and South Thimphu is to provide services and shopping in those areas and to also decongest the City Core area.
In the North it is the lower Bebena area, Hejo and parts of Jungshina. In the center it is the Kawajangsa area and the JDWNRH hospital area. In the south it is workshop area which will be relocated and parts of Olakha and Babesa.
The final area is the City Core where 6 floors are allowed with 240% FAR for 9 to 20 decimals. So a 10 decimal plot can have a total built up area of 24 decimals. There is 280% FAR for above 20 decimals and 340% for above 50 decimals plot sizes.
This area starts at the Chubachu roundabout in the North and travels the road from the farmer’s market from below and along the Doebum Lam from above till they meet at the CSI market roundabout in lower Changzamtog.
Some landowners who are yet to construct may grumble particularly in certain demoted areas but what must be kept in mind is that floors and coverage in the past did not take into account geological safety and hazards which is why a steep slope like Changbangdhu saw multiple multistorey buildings coming up which may not be safe in case of major landslides or earthquakes.
This is especially an issue with climate change and potential big quakes of the future.
On the other hand, plain and safer areas like Bebena were restricted to only 4 floors or less.
The design plan rights these anomalies of the past that were not in keeping with ground realities and infrastructure.
Land usages
In the past usage went by precinct and so what ended up happening was those commercial businesses, hotels, shops, offices also opened up in residential areas.
Under the design code, the land usage will be much more clearly defined.
The City Core and Major Employment Area will have all kinds of commercial activities on all floors as long as they meet the technical specifications of specific regulators like BICMA, Thromde etc.
However, when it comes to the rest like Urban, Suburban and Rural areas the focus will be more on residential use. These areas can have some commercial activity on the ground and first floor like shops or office but only in the more commercial neighborhood node area.
For places where there is major road and a bus route in front some commercial activity is allowed on the ground floor. However, night based recreational facilities like bars, discos, pool rooms and karaoke will not be allowed in residential areas.
The current practice of allowing shops, restaurants and offices in the interior parts of residential areas will not be allowed any more no matter which floor.
On land designated as agricultural land home-stays and other cottage industries to support agri-tourism will be allowed.
An official said that in the Core areas the effort will be densification or regeneration and he gave the areas of the wide-open government lands above Doebum Lam where single cottages sits on acre size plots. He said this place is underutilized. Another example is spread out government offices where FAR utilized should be 170% but is only 70%.
For the Chuzing land in Kabesa a separate task force is working to see how much can be preserved.
Minimum plot size
Going ahead the minimum plot size will be 13 decimals and 15 decimals in areas where Land Pooling has been done.
An official explained this is being done to prevent small plot sizes so that there is more space for builders and more open space.
However, the current plot sizes will be legal as it was done before the design code. In Core Areas, Major Employment Area and Urban I and II the new plot sizes will be 13 decimals. It will be 15 decimals if there no pooling and LAP plan done yet.
In Suburban I, II, III and Rural areas the minimum plot size will be 15 decimals. If there is no LAP and pooling done yet then the plot size will be 20 decimals for Suburban I and II and 25 decimals for Suburban III and Rural areas.
Currently in the Urban area if a person has 30 decimals, he could create 3 plots of 10 decimals each to sell or give as inheritance but now he can create only two plots now.
Setback
In the current system the setback or gap between the building and thram boundary is 3 meters on all sides measured from the plinth which is the wall of the ground floor till the boundary and on which no construction is allowed.
In the new system the set backs on the side and back must be measured not from plinth but the most protruding structure be it a balcony or the upper Rabsel walls which ever is more.
On the ground this means that if a person wants to build a Rabsel or balcony on the side and back then that person may lose another 1 to 2 meters as setback in addition to the 3 meters already there.
One can still have a 3-meter setback if one does not build any Rabsel or balcony on the sides and back and builds a Recessed Balcony inside the building with no protrusion.
Only the front setback can be measured from the ground floor wall.
The set back in the back is encouraged to be used as vehicle parking, shared space for residents and private garden. In rural areas it is encouraged to grow food.
The side setback in Suburban III and Rural land is 5 meters.
Application
As mentioned above though the Cabinet had approved the Thimphu Design Code on 8th August 2024 it will only be implemented from 15 November 2024 as all Urban Planners, Designers, Engineers and other officials needed time to study it.
The time was also sought for consultations which officials say they completed in all areas and are now talking to stakeholders like private designers etc. A few other, however, say they are not aware of the design code coming in and what is there.
In terms of its implementation officials say the plan is till 2047 and not everything will happen overnight and instead it will be a gradual process.
What will be implemented right away is the building designs for new applications and older or under construction structures will not be impacted.
The current practice is that a design and construction permit are virtually taken together and then in some cases issues crop up after the construction is done.
To ensure this does not happen there is an additional first process which is taking a planning permit which will list out the geo hazard, green zone, access road, storm water drainage, usage etc. Officials said this planning permit can even be used by plot holders to enhance the value of their plot and bring about transparency in real estate deals as everything will be listed there.
The next step is getting a design permit after doing the drawings and then going the technical drawings and finally getting the construction permit.
If people are not happy by the rejection of their plans by Thromde, then they can appeal to the MoIT which was not there earlier.
The code also encourages the formation of local community groups so that they can also be involved in decision making and taking ownership of local resources and assets.
The Thimphu Design Code supersedes and replaces the Bhutan Building Regulation (BBR) 2023, a part of the Small Plot Guidelines and the Development Control Regulation (DCR) 2016 within the area covered by TSP 2023.
The 12 Design Code Principles were developed as part of the TSP 2023 process and have been used to inform the content of this Design Code and they are Resilient Environment in tackling the climate, livable and accessible urban area, character of an area to influence design, well connected and inclusive network making opportunities available for all, clustering uses to reflect local needs, adaptable built form, living and happy neighborhoods, streets designed for interaction and travel, landscape and open spacing, contemporary Bhutanese urban identity, conserve natural resources and local communities participating in creating and managing high quality places.