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SBCA amends building rules to legalise commercial use of residential properties

By Azfar-ul-Ashfaque 2025-03-30
KARACHI: The Sindh government has come to the rescue of thousands of commercial establishments operating illegally in residential neighbourhoods across the city by amending the existing building regulations to allow them to continue using houses for financial gains.

However, while the controversial move may save some existing businesses, it could also wreak havoc on the already deteriorated city infrastructure as every residential area would soon be flooded with commercial activities including shops, schools and clinics.

The use of residential plots for commercial and recreational purposes has been allowed by the Sindh Building Control Authority (SBCA) that has amended the Karachi Building and Town Planning Regulations (KBTPR) 2002.

The move came after different benches of the Sindh High Court hadpassed orders on several petitions filed by citizens against the operation of schools, restaurants and other commercial entities in their respective residential neighbourhoods in violation of building and town planning rules.

In February, an SHC bench had issued non-bailable warrants for the arrest of the director general of the Karachi Development Authority (KDA), owner of the Gerry`s Group and others in a contempt application for failing to comply with court order about stopping commercial activities in an Old Clifton house. In a later hearing, the bench discharged the warrants and contempt notices after the alleged contemnors assured the judges that the subject residential property will not be used for any illegal/unsanctioned purpose.

Sources said that the SBCA authoritiesinformedthe provincialgovernment of the problems they were facing in implementing court directives as majority of commercial entities operating onresidential plots belonged to influential persons.

The easy way, according to the sources, was to change the building regulations, as unlike the Sindh Building Control Authority Act, the KBTPR can be amended with just the director general/authority`s signature.

The SBCA sent the draft of amendments to the law department for vetting, and afterwards the SBCA Director General Ishaque Khuhro issued a notification dated March 13 and amended the KBTPR 2002.

Through the fresh amendments, the SBCA not only modified the definition of `amenity plot` but also inserted a new landuse term,`Commercial/Residentialcum Commercial Use,` effectively providing a legal cover for thousands of commercial establishments operating on residential plots.

According to the KBTPR 2002, an `Amenity Plot` means a plot allocated exclusively for the purpose of government, health and welfare, education, assembly, religious, parks and playgrounds, burial grounds, transportation right-of-way, parking and recreational uses as defined under Chapter 19 of the building regulations.

The health and welfare category includes `land used for health and social welfare services such as health centre, medical & dental clinics, hospitals, maternity homes, medical research institutions, nurseries, mother and child care centres, homes or other institutions for physically disabled persons, mental institutions, homes for the elderly, and veterinary clinics/hospitals including green areasand open spaces essential for the proper functioning of such institutions`.

The education use category includes `all land used for nursery schools, kindergartens, primary schools, secondary schools, high schools, colleges, special colleges.

technical colleges, universities, research institutes, madressah, all such institutions related with education purposes (other than medical), and fine arts institutes, including green and open spaces essential for the proper functioning of such institutions.

Chapter 19 of the KBPTR 2002 categorically stated that the sites reserved for education use cannot be converted into any other use.

However, in the KBPTR(Amendment) 2025, the SBCA removed `health and welfare and education` category from the `amenity plot` definition.

The category of `commercial use` has been replaced with `commercial / residential cum commercial use`.

In Chapter 19, the SBCA director general amended the `residential use` category and declaredthatthe residential premises can be used for dwelling facilities as well as educational, health and recreational facilities.

Through a newly inserted clause, the `recreation use` is defined in the amended regulations as activities, facilities and spaces that facilitate leisure, social interaction and community wellbeing. It said this encompasses dining and social establishments, such as cafes, food courts, and similar venues, provided they contribute to the rec-reational and communal experience of the neighbourhood.

Another amendment was carried out in Chapter 18 titled `Subdivision and Amalgamation of Land and Change of Land Use` of the KBPTR 2002 to allow use of a minimum 400 square yards residential plot located on a minimum 60-foot-wide road for `education, health or recreation purposes`.

`Everyone knows there are thousands of office, schools, tea shops and restaurants, clinics and hospitals operating on residential plots.

Previously, owners were required to vacate the premises since using residential land for commercial purposes was prohibited,` a senior SBCA officer told Dawn on the condition of anonymity.

`In a city like Karachi, where thousands of such cases exist, displacement was not a feasible solution. To address this issue, amendments have been made with the sole intention of facilitating citizens, without any ulterior motives,` he explained.

However, he stressed the need of checks and balances as he suspected the `builder mafia` would misuse the amendments in their favour.