Rule 18 of Kabul municipality permits the construction of only four-floors in residential areas. But there has been a mushrooming of illegal multi-storey buildings in the capital city
Rule 18 of Kabul municipality permits the construction of only four-floors in residential areas. But there has been a mushrooming of illegal multi-storey buildings in the capital city due to collusion between corrupt municipal and police officials and the buildings’ owners. An investigation.A resident of Allah u Din area, who did not want his name revealed, complained the tower besides his home has blocked off the sunlight and robbed his privacy. “We cannot come out of our rooms … the people in the tall buildings around us bother us,” he told Killid in an interview.
Hamidullah from Kart-e Char accused the police and Kabul Municipality of failing to prevent “powerful people” from flouting the rule banning the construction of towers in residential neighbourhoods. He said his family was considering selling their house, and moving out of Kart-e Char because of the loss of privacy. “Our women cannot come out of their rooms … We have to sell our house, and start a life of honour somewhere else,” he lamented.
Kabul Municipality approved Rule 18 in 2012 whereby the construction of two floors was permitted in residential areas, and owners who wished to make a third or fourth floor had to get the consent of neighbours.
Ahmad Zia lives with his brothers in a five-floor building that they own in Jamal Mena. “We had 200,000 USD, and could not buy separate plots for each brother since the sale and purchase of land is in the control of land mafia. Land is very expensive. So we constructed a prison-like house for ourselves and live here,” he said. When the construction started the municipality’s engineers who visited the site told the brothers they were breaking the rule. But the brothers explained their case, and said the construction was only so all seven families could stay together Zia told Killid.
Lackadaisical officials
Kabul housing authorities claim they have stopped the construction of many illegal buildings but there are times when the situation is beyond their control. For instance the police do not always cooperate with the municipality said Engineer Mohammad Wais who heads the 3rd District. He explained that when a building goes up beyond two floors without the necessary permission from neighbours the police have to provide protection to the demolition team from the municipality that goes to tear down the illegal construction. But the police are lackadaisical and don’t secure the site after the demolition. “The owners secretly and at night continue the construction, and complete the building,” Wais said.
There were similar complaints from the heads of the 7th and 8th districts. The Construction Quality Control Department in the Municipality and officials in the 3rd District have given copies of letters sent to the police and to the Attorney General’s (AGs) Office regarding specific illegal buildings that are still standing.
Officers at the Kabul Police headquarters say in defence the allegations are false and they have always assisted the Municipality. Spokesperson Hashmat Stanekzai said they have always taken action; it is not their duty to prevent reconstruction after demolition.
However, Engineer Sarwar, head of the Construction Quality Control Department, insists it is for the police to prevent illegal construction after it has been brought to its notice by the municipality. “Once should be enough. Why does it have to be brought to the notice of the police again and again?” he asked.
Corruption stain
The proliferation of buildings violating the municipality’s Rule 18 has raised concerns about corruption in the ranks of the police and municipality. Officials do not deny the allegations that bribes are taken to look the other way.
Engineer Wais, the head of the 3rd District in the municipality said he cannot dismiss the allegations as untrue; building owners are getting away with flouting the rule because they have bribed officials. Meanwhile Engineer Sarwar said the municipality’s job was to bring illegal constructions to the notice of the police.
Police spokesperson Stanekzai also agreed the police may have taken bribes in some cases.
Some negligence takes place because of staff shortage, according to municipality officials. Mohammad Jan Sadeq, head of the 7th District, said he has only two “technical staff”. “What can two people do? Where all can they monitor? The owners work in the night time,” he pleaded. He put the responsibility of informing the municipality on “neighbours” – those living adjoining constructions they have not permitted.
Officials also complain about the lack of equipment to demolish illegal structures. In the 8th District Mohammad Saleh, the municipality head, said they cannot reach buildings that have gone go up to eighth and ninth floors. “The building is so high we cannot destroy it,” he said.
The parliamentary commission on transport, communication and municipality affairs has been looking at the brazen flouting of Rule 18. There are several so-called Trade Centre towers in residential areas in the capital city. Big developers have contacts in the municipality and the police to get around the rule, Dr Ebrahim Gheshtalai, deputy head of the commission told Killid. The commission has summoned the Kabul mayor to appear before it but he has been evading a meeting, he added. The rules are bent with impunity by the rich and the powerful.


