TENURE , OWNERSHIP

AND

CONCEPT OF BUILDING TYPES

PUBLIC HOUSING

A PA RT M E N T S

S Q U ATT E R S E TT L E M E N T

LEASED SPACE AND

P R O P E RT Y

AADITYA ARYAL
LAXMI KHANAL
RAKSHYA SHARMA
SUGAT MUNI SHAKYA
OWNERSHIP:
A M U LT I F A C E T E D C O N C E P T

Ownership, beyond just mere possession, is a

multifaceted concept encompassing legal rights,
social values, and design principles. It's the state
of having legal control and possession over
something, be it tangible (land, house) or
intangible (intellectual property).
Group ownership : Utilizes uncultivated land
effi ciently, fosters social interaction, and reflects
communal values.

Individual ownership: Caters to personal

preferences and aspirations, leading to diverse
architectural styles.

IN CONTEXT OF NEPAL,
The traditional chowk system beautifully
illustrates how group ownership influences design.
These central courtyards within settlements
weren't just social hubs; they also emerged from a
desire to utilize uncultivated land for building
purposes
TYPES OF
OWNERSHIP Individual ownership:
This refers to the situation where a single entity,
whether a person, legal entity (e.g., corporation),
or trust, holds exclusive legal rights and control
over an asset or property. "In this system, the
owner holds full autonomy, but also bears the full
weight of consequences."
Structured ownership :
This encompasses situations
where multiple entities share legal rights and
responsibilities related to an asset or property.
Common forms of structured ownership include:
• Joint Ownership(Two or more individuals jointly own
an asset, with each holding an undivided share. )
• Tenancy in Common(Similar to joint ownership, but
shares are not necessarily equal, and individual owners
can dispose of their own share independently. )
• Tenancy in Entirety ( Ownership held by shareholders
within a legally constituted corporation. )
 Five Pillars of Prosperity: Building a
Sustainable Livelihood
Imagine your livelihood as a thriving
nest. To weather life's storms, it needs
five key resources:
1. Human Capital: Skills, knowledge, and health,
built through education, training, and a
nurturing environment.
2. Social Capital: Networks of trust and support,
unlocking information, resources, and
opportunities.
OWNERSHIP 3. Physical Capital: Infrastructure, tools, and
secure shelter, providing a stable platform for
progress.
4. Financial Capital: Savings, credit, and income
sources, fueling flexibility and investment in
livelihood options.
5. Natural Capital: Environment and resources,
offering sustainable opportunities for growth and
well-being.

Balance these five pillars, and your

nest becomes a beacon of prosperity,
resilience, and a sustainable future.
OWNERSHIP
Various legal documents and certificates serve as
tangible evidence of ownership for different types of
capital.
• Human capital: Offi cial records like Janma Darta, Nata pramaneet,
educational and health certificates, insurance certificates etc
• Social capital: Membership certificates in clubs, political parties,
AMA SAMUH, YUVA SAMUH, SAMUDAYIK BAN UPABHOKTA SAMITI
etc.
• Physical capital: Utility bills, property ownership certificates, land
tenure documents, and Bills, certificates given by the water
supply, electricity, telecom etc
• Financial capital: Bank statements, passbooks, financial
certificates, shareholding documents, and pension records offer
concrete evidence of savings, creditworthiness, and income
sources.
• Natural capital: Land ownership certificates, lal purja, membership
card of JAL UPABHOKTA SAMITI, SAMUDAYIK BAN UPABHOKTA
SAMITI etc
In Nepal, owning property goes beyond legal paperwork; it's a
cornerstone of society, influencing design and reflecting deep-
rooted cultural values.
Registration: Offi cial record in land revenue
offi ces, safeguarding claims. Think of it as an indelible inscription
in the ledger of ownership.
Inheritance: Guided by law and tradition, property seamlessly
passes to rightful heirs, honoring familial bonds and preserving
legacies.
TENURE
Tenure can be define as a condition
of being the legal owner of land, a
job, or an offi cial public position, or
the period of time during which you
own it. Tenure is usually used in
area of academia and land use.
In democracy as a president or
prime minister is elected for a
limited time which is said to be
his / her tenure. Tenure grants
owners the freedom to craft their
own little kingdom, whether it's a
haven for endangered species, a
thriving organic farm, or simply a
cozy homestead passed down
through the ages.
LAND TENURE
THE LANDS ACT,
2021(1964)

"Being offi cially recognized as the land's owner in Nepal comes

with the responsibility of paying land taxes to the government."
Landowner

• In Nepal, there are different types of tenancies, with varying

terms and conditions for land use and payment."
• "The tenant's rights and responsibilities are often defined by
a formal lease agreement or informal customary practices."
• The land ownership ultimately belongs to the monarch/lord,
but everyone else has temporary rights to use specific parts
in exchange for services or payments.
• This system creates a hierarchy of power and obligation, with
each level responsible to the one above.
• While it provided stability and security for some, it also led to
inequality and limited social mobility for others.
 LAND TENURE

In simpler terms, tenure refers to the right to

use or occupy land for a specific period. It
essentially defines who has control over the
land and for how long.
The specific type of tenure where someone
( पट्टादाता) grants the right to use land to
another person ( पट्टेदार) for a set period in
exchange for payment ( भाडा) is Leasehold
tenure.
The agreement between the lessor and
lessee that outlines the terms of the land
use, including the duration, rent, and
responsibilities of each party is Lease.
Land on lease , land that is being occupied
under a lease agreement.
Similarly Land tenure system in Nepal can be
T Y P E S O F R I G H T O N P R O P E RT Y
•

• Private Freehold and Leasehold

• Private freehold

A Private individual and corporation owns the land outright and market forces dictate land use and
disposition.

• Private leasehold

A private owner (known as the lessor) leases (gives legal rights) land to private individual or firm(known as the lessee)
for a fixed term possibly with restrictions on certain uses or activities on the land Public Freehold and Leasehold

• Public freehold

Public freehold exists when the state or government agency is the full owner of the land.

• Public leasehold

When a public agency owns land and decides to lease to private form or private individual for specified
period of time.
 BUILDING TYPE

Building types refer to distinct categories of structures

designed for specific purposes or uses. They encompass
a wide range of structures, from residential homes to
commercial offi ces, industrial facilities, public
institutions, and more.
Social housing is made up of following types of housing :
Public
Community
Aff ordable
PUBLIC HOUSING
• Addressing Housing Needs of Low-Income
Communities: Public housing (or social housing)
provides government-owned homes to low-income
individuals and families, either for free or at
significantly reduced rates.
• Diverse Tenure Options: Depending on the program,
occupants may lease these units for a fixed term, rent
them long-term, or even gain ownership in some
cases.
• KMC and Karmachari Sanchaya Kosh Initiatives:
Organizations like KMC and Karmachari Sanchaya Kosh
have pioneered public housing schemes, like the
Dakchhinkali and Pokhara low-cost housing projects.
•
PUBLIC HOUSING
• Collectively Owned Public Property: Public buildings like
schools, libraries, and government offi ces are collectively
owned by the people, representing public property
accessible to all.
• Synonymous Terms: Public ownership, state ownership,
and government ownership are interchangeable
when referring to this type of collective ownership.
• Open and Accessible for All: Are open and accessible to
everyone, promoting inclusivity and equality.
• Vertical living: Apartments stack up, sharing walls and
infrastructure, maximizing space in dense urban areas.
• Shared amenities: Common areas like
lobbies, rooftops, or gyms offer shared resources and
potential community spaces.
• Diverse lifestyles: From singles to families, apartment
living adapts to various needs, offering convenience and
proximity to urban amenities.
A PA RT M E N T S
• Vertical living: Apartments stack up, sharing walls and
infrastructure, maximizing space in dense urban areas.
• Shared amenities: Common areas like lobbies, rooftops, or gyms offer
shared resources and potential community spaces.
• Diverse lifestyles: From singles to families, apartment living adapts to
various needs, offering convenience and proximity to urban amenities.
• Legal:
• Ownership or tenancy: Apartments can be owned individually
(condominiums) or rented from landlords.
• Building regulations: Local codes dictate occupancy limits, safety
standards, and accessibility requirements.
• Tenant rights and responsibilities: Governed by lease agreements and
relevant housing laws.
ILLEGALITY OF SETTLEMENTS

• Settlement formed without a legal land basis (informal acquisition of

land from vendors without official right to sell them)
• Settlements built ignoring surveyed boundary lines and official
construction norms
• Settlements inhibited by people deprived of citizenship rights
(immigrant workers).
 S Q U AT T E R
SETTLEMENT
• Unoffi cial Dwellings: These settlements,
lacking legal or formal permits, often
occupy marginal or undesirable land like
public spaces, railway tracks, or land
owned by others.
• Subpar Infrastructure: Due to their
unauthorized nature, squatter settlements
typically lack adequate access to essential
services like clean water, sanitation,
electricity, or proper waste management.
• Low-Income Inhabitants: Residents
commonly belong to the lower income
bracket, primarily engaged in informal
sector jobs or manual labor. Limited
opportunities and poverty contribute to
their struggle for better housing.
• Unclear Land Ownership: The crucial
defining characteristic is the lack of legal
ownership of the land upon which residents
have built their homes. This precarious
tenure creates uncertainty and
vulnerability.
 A PICTORIAL GLOSS ARY
O F S Q U ATT E R S E TT L E M E N T
• Informal settlements: Lacking offi cial recognition or
basic infrastructure.
• Low-income settlements: Home to marginalized
communities struggling for survival.
• Semi-permanent settlements: Built to last longer
than expected, yet facing uncertain futures.
• Shanty towns: Nickname highlighting the makeshift
and often precarious nature of the dwellings.
• Spontaneous settlements: Emerging
organically, unplanned and unauthorized.
• Unauthorized settlements: Built without legal
permission, facing potential eviction.
• Unplanned settlements: Growing haphazardly, devoid
of organized infrastructure.
• Uncontrolled settlements: Reflecting the lack of
government intervention or regulation.
• We can delve into iconic slum industries like Dharavi
in Mumbai or Cairo's Zabbaleen community.
 LAND ON LEASE
• Land on lease refers to a system where the owner of
a property (individual, institution, trust) grants
temporary legal rights to use the land to another
party (tenant) for a specific period (tenure) in
exchange for rent or other agreed-upon
compensation.

• Temporary Use: The tenant doesn't own the

land, they only have the right to use it for a defined
period.
• Legal Agreement: A formal lease agreement outlines
the terms and conditions of the lease, including
duration, rent, and responsibilities.
• Mutual Benefit: The owner receives income from the
rent, while the tenant gains access to and use of the
land.
• Flexibility: Land on lease offers flexibility for both
 LAND ON BOT (Build Operator Transfer) /
BOOT (Build Operator Own
LEASE Transfer) Concept
1. Scope: The BOT concept is increasingly
used for large, economically viable projects.
2. Players: - Land/Resource Holder:
Government or private party with
• Share Market • Lalitpur Bishal Bazaar underutilized land or natural resources. -
Commercial Complex Complex (Land owned by
(land owned by Guthi Patan Multiple Campus Tenant: Interested party wanting to mobilize
Sansthan and tenant is and tenant is Lalitpur
Share Market) Bishal Bazaar Complex)
the resource.
3. Process: - Lease Agreement: The right to
use the resource is legally transferred to the
tenant for a fixed tenure. - Development: The
tenant builds agreed-upon infrastructure
(Build). - Operation: The tenant runs their
business in the infrastructure for a period
• United World Trade • Kathmandu Engineering
Centre (Land owned by College (Land owned TB (Operate). - Transfer: Upon tenure
Janaprashashan Campus
and Tenant is United
Hospital and Private
Family and tenant is KEC
completion, the infrastructure and resource
Finance Company is transferred back to the original holder
(Transfer).
BOT CONCEPT

• The contract terms, including tenure length, benefits, and renewal

options, are negotiated and mutually agreed upon.
• This model allows the private sector to participate in infrastructure
development and resource utilization while sharing profit with the public
sector.
• BOT projects can face challenges like financing constraints, complex
contracts, and potential resource depletion concerns.
(Build). - Operation: The tenant runs their business in the infrastructure
for a period (Operate). - Transfer: Upon tenure completion, the
infrastructure and resource is transferred back to the original holder
(Transfer).
Thank
You