Prosecution Of Builders Violating Safety Codes
Legal Framework
In Nepal, criminal liability for builders arises under several legal provisions:
Muluki Criminal Code (2074/2075) – Section 250 and related clauses punish persons who engage in construction in violation of contract specifications or safety standards, particularly when negligence or ill intent leads to damage, injury, or risk to life.
Nepal National Building Code (NBC) – Establishes mandatory technical standards for structural safety, seismic resistance, fire safety, and material quality. Violations can form the basis for prosecution.
Local Governance and Municipal By-laws – Construction without plan approval, or violation of approved plans, can lead to fines, demolition orders, and criminal liability if it endangers public safety.
CIAA Act – If public officials or engineers collude with builders to allow unsafe construction, criminal liability may extend to officials.
Builders violating these provisions may face criminal charges, including:
Negligent or substandard construction
Use of inferior materials
Unauthorized additional floors or alterations
Collusion with officials to bypass inspection
Case Studies
Case 1: Post-Earthquake Structural Collapse in Kathmandu
Facts: After the 2015 Gorkha Earthquake, several newly constructed houses collapsed because they did not follow seismic-resistant designs mandated by the Nepal Building Code. Builders had used substandard materials and ignored structural guidelines.
Legal Issue: Whether the builder’s negligence or deliberate violation of safety standards amounts to criminal liability.
Outcome: Investigations were initiated by local authorities and the CIAA. While full convictions were limited, several builders were charged under criminal negligence provisions for endangering life and property.
Significance: Establishes that builders can be held liable for failure to follow structural codes, especially when it leads to damage or loss of life.
Case 2: Substandard Work in Government-Funded Housing Project
Facts: A contractor hired to build government-subsidized housing in Pokhara failed to meet quality standards. Concrete tests revealed that material strength was below standard, and floors were poorly aligned.
Legal Issue: Abuse of contract obligations and violation of building codes resulting in public loss.
Outcome: CIAA filed charges against the contractor for criminal negligence and fraud. The builder was found guilty of substandard work and fined, with partial imprisonment imposed due to deliberate negligence.
Significance: Demonstrates that criminal liability can arise not just from accidents but from deliberate substandard construction in public projects.
Case 3: Unauthorized High-Rise in Lalitpur
Facts: A builder constructed an extra two floors beyond the approved plan in a high-rise building, ignoring municipal approvals and fire-safety regulations.
Legal Issue: Violation of approved plans, disregard for public safety (risk of structural collapse or fire hazards).
Outcome: The municipal office filed a criminal case against the builder. The court ordered demolition of the unauthorized floors and imposed fines. Criminal liability was established for endangering public safety.
Significance: Highlights that exceeding approved plans or ignoring safety regulations is a criminal offence, not just a regulatory violation.
Case 4: Collusion Between Builder and Engineer (Kathmandu)
Facts: A private builder colluded with a supervising engineer to approve substandard construction in a commercial building. Cement strength was falsified, and load calculations ignored.
Legal Issue: Criminal liability arises when builders and officials conspire to bypass safety standards.
Outcome: Both the builder and engineer were prosecuted under criminal negligence and corruption laws. They were found guilty, receiving imprisonment and fines.
Significance: Shows that liability can extend beyond the builder to professionals who enable unsafe construction.
Case 5: School Building Collapse in Chitwan
Facts: A school building partially collapsed during monsoon rains due to the use of weak materials and poor design. Investigations revealed that the builder ignored the National Building Code.
Legal Issue: Negligent construction leading to harm to children and staff, violating safety standards.
Outcome: Criminal charges were filed against the builder for endangering life. The court imposed imprisonment and ordered compensation to affected families.
Significance: Emphasizes that builders can face severe criminal penalties when their negligence directly threatens human life.
Case 6: Bridge Construction Negligence (Comparative Nepal Case)
Facts: A contractor constructing a small bridge in rural Nepal ignored engineering specifications, resulting in partial collapse during first use.
Legal Issue: Whether failure to follow approved engineering plans constitutes criminal liability.
Outcome: The contractor was prosecuted under criminal negligence provisions; temporary suspension and fines were imposed, with partial imprisonment for gross negligence.
Significance: Extends liability to civil infrastructure projects, not just buildings.
Key Principles from the Cases
Builders are criminally liable for endangering life through substandard or unauthorized construction.
Negligence or deliberate violation of safety standards can trigger prosecution.
Collusion with officials or engineers compounds liability and may involve corruption charges.
Both public and private projects are subject to prosecution if safety codes are violated.
Penalties include imprisonment, fines, and demolition orders, reflecting the seriousness of the offense.
These cases show that in Nepal, criminal liability for builders violating safety codes is well-established, particularly where public safety is endangered or negligence is gross. Both the builder and any colluding officials can be held accountable under criminal law.
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