NATIONAL HOUSING DEVELOPMENT CORPORATION LIMITED

THIMPHU : BHUTAN

“

ALLOTMENT RULES & REGULATIONS -2014

(RESIDENTIAL QUARTERS)

REAL ESTATE MANAGEMENT DIVISION

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TABLE OF CONTENTS

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RATIONALE

TITLE AND SCOPE

AUTHORITY OF INTERPRETATION

AND AMENDMENT

CLASSIFICATION OF QUARTERS

PROCEDURE FOR APPLICATION

ALLOTMENT CRITERIA

CONDITION OF ALLOTMENT

VACATION OF QUARTER

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1.0 RATIONALE

The allotment of quarters shall have the following objectives:

1.1 To provide affordable and safe housing to civil servants, particularly to

those without access to alternative housing facility.

1.2 To provide decent housing facilities to civil servants based on the

eligibility of their posts and status.

1.3 To facilitate effective mobility of civil servants through access to ready

and affordable housing during service transfers.

1.4 To stabilize/balance housing supply stock in the market.

2.0 TITLE AND SCOPE

2.1 The Allotment Rule shall be called “National Housing Development

Corporation Ltd. Housing Allotment Rule”.

2.2 The Rule shall come into effect from 1st January 2014

2.3 The Rule shall apply for allotment of NHDCL quarters throughout the

country.

2.4 The Rule inter-alia shall bear their legal provisions from the Tenancy

Act and the Tenancy Agreement drawn up between the allottee (s) and

NHDCL.

2.5 All allotment of NHDCL quarters shall be based on the provisions of

these Rules.

3.0 AUTHORITY OF INTERPRETATION AND AMENDMENT

3.1 The NHDCL under the provision of these Rules shall be responsible for

administration and allotment of these quarters.

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3.2 The NHDCL as deem necessary from time to time shall affect the

amendment of these rules by way of addition, variation or repeal.

4.0 CLASSIFICATION OF QUARTERS

4.1 The entitlement criteria for the type of quarters shall be as follows:

Eligibility grade against classification of quarters:

(LR-Living Room, DR-Dining Room, BR-Bed Room, K-Kitchen,T-Toilet)

* Preference shall be given to Government Secretaries.

a. For classification of Units, If the number of rooms is not fulfilled then total

area of rooms will govern..

b. Lower class unit with exclusive compound can be classified to higher class of

quarter.

4.2 The classification of the quarters shall be used only for the purpose of

determining the entitlements of an applicant. However, rental fixation

shall be on actual floor area.

4.3 The above minimum entitlements shall only be applicable in the

development and allotment of new and re-classification of existing

quarters. Provision of the minimum facilities shall not be claimed as a

matter of right by those applicants already allotted with quarters or where

allotment of existing quarters are considered. Subject to technical and

Classifications Eligibility RCSC

Grades

Specifications Floor Area

(sq.ft.)

Class 1S* 1 & 2 1 LR, 1 DR, 5 BR,1K,3T,

Garage

2,001-2,400

Class 1A 3 & 4 1 LR, 1 DR, 4 BR,1K,2T,

Garage

1,501-2,000

Class 1B 5, 6 & 7 1 LR, 3BR,1K,2T 1,201-1,500

Class II 8 & 9 1 LR, 2 BR,1K,2T 801-1,200

Cass III 10, 11, 12,

13,14,15,16 & 17

1 LR, 2 BR,1K,1T/2T 351-800

Class IV GSC I & II and

ESP

1 LR, 1 BR,1K,1T 350

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financial consideration, NHDCL may however consider providing some

of such essential facilities as found feasible.

4.4 Chargeable rental payment for the units shall be deposited to NHDCL by

the occupants or appropriately compensated by the agency concerned, if

rental charges to these posts are exempted.

5.0 PROCEDURE FOR APPLICATION

5.1 All civil servants and staff of NHDCL are eligible to apply for the

houses.

5.2 Civil servants can apply for housing in the place of duty station only; but

chronology of the date of application shall carry over to the new place of

posting upon launching of online applications.

5.3 Registrations of applications are on first come first serve basis.

5.4 All applications for housing must have the CID number and submitted

with latest pay-slip attested/authenticated by the concerned offices.

False information shall be viewed seriously with the concerned

agencies/applicants held accountable for the consequences, leading to

debarment of the individual(s) from future housing allotment.

5.5 The applications shall be scrutinized based on the eligibility criteria.

5.6 Online applications shall be accepted for the quarters upon setting up of

online system in NHDCL. However, scrutiny for authentication of

applicants shall be carried out during the time of allotment.

5.7 Application shall be recognized as an important factor for allotment, no

claims shall be entertained for consideration of applications which have

not been formally recorded or authenticated by NHDCL.

5.8 Application registration can be transferred to spouse provided the

fulfillment of eligibility criteria as per classification of quarters and upon

submission of relevant documents.

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5.9 Upon promotion, the applicant’s position on list shall change according

to his/her entitlement for types of quarters.

6.0 ALLOTMENT CRITERIA

6.1 Eligibility

a) Civil servants and the staff of National Housing Development

Corporation Ltd are eligible for the housing.

b) Allotment shall be done on first come first serve basis of application

registration.

c) The allotment of the types of quarters shall be as per the classifications of

quarter and based on the grade eligibility of an applicant at the time of

allotment.

d) Applicants or their spouse owning house at the place of allotment shall

not be eligible for allotment of NHDCL quarter.

6.2 One allotment per Household – In this rule the members in Household

are Allottee and the spouse only.

There shall be only one allotment per household. Allottee or spouse

availing other public quarters shall not be eligible. Allottee/spouse

allotted with more than one quarter shall immediately surrender the

additional quarter. This requirement shall also include those individuals

allotted with separate quarters but who at a later date have formed a

combined household through marriage, adoption etc.

Non surrender of the additional quarter(s) by the concerned households

shall require the NHDCL to withdraw all of the allotted quarter(s) from

the households involved and the applicants barred for future allotment

thereafter in all Dzongkhags.

6.3 Area of Posting

Civil servants shall be eligible for the allotment of NHDCL housing only

in the areas of their duty stations. An allottee on transfer to other area of

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duty station shall surrender the quarters allotted to him/her before leaving

for his/her new place of posting within 2 months from the date of

issuance of transfer/relieving order.

7.0 CONDITION OF ALLOTMENT

Individuals allotted with Government quarters shall observe the following

conditions;

7.1 Allotment order

All applicants who have been successful for allotment of NHDCL

quarters shall be issued with an allotment order.

7.2 Tenancy Agreement

The applicant shall sign the tenancy agreement prior to the issuance of

the allotment order. No individual shall enter or use the units and its

facility without the completion of the agreement formalities. The

tenancy agreement shall be for 2 years and could be renewed every two

(2) years, up to maximum of 4 times, subject to clause no. 8.1(II), after

which the quarter shall be taken over by NHDCL after 2 months notice.

7.3 Rental and other fees Rental charges shall be made effective as per the date mentioned in the

allotment order. A penalty @ 24% per annum shall be chargeable for

late payment of rent.

A periodic revision/refixation of rental charges may be determined and

levied by the NHDCL based on the provision of Tenancy Act.

In addition to the rental charges, the NHDCL may also levy other

charges.

7.4 Security Deposit Based on the provisions of the Tenancy Act, all applicants allotted with

NHDCL houses shall be required to make a security deposit as

determined by NHDCL from time to time. The amount shall be

deposited prior to signing of tenancy agreement.

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7.5 Measurement of rental areas and use of common spaces For the purpose of rental calculation, all usable areas within the building

unit (floor area including the balcony, garage & servants’ quarter) shall

be included. In multi-unit buildings, the total areas of useful common

spaces within the building block i.e. common rooms, common toilets and

other facilities etc. shall be divided among the number of units within the

building for the purpose of rent calculation.

No allottee shall store materials, erect fence or property boundaries etc.,

over common areas both within and outside the building units for their

specific uses. NHDCL shall have the right to remove, caution and

penalize those allottees resorting to such practices.

7.6 Tenureship of occupation

In order to have equity in distribution of NHDCL houses, the tenants can

occupy the quarters for a maximum period of 10 years per household in

same duty station. Upon completion of this period, he/she shall vacate

the quarter.

7.7 Conversion of the use of units No allottee shall alter/extend/convert the use of the allotted unit other

than the purpose leased for. Unauthorized alteration/conversion of the

use of such unit shall lead to immediate cancellation/withdrawal of the

facility and render the applicant ineligible for NHDCL housing allotment

in future.

7.8 Allotment criteria upon promotion In the case of current allottees, who are promoted beyond the grade level

permissible for the allotment of the unit occupied by him/her, the

allottees shall have the choice to retain the unit or apply for units

commensurate with his grade. However no special provision shall be

given for upgradation of quarter unless otherwise the unit is readily

available.

7.9 Absence of allottees Allottees on study leave shall be permitted to retain the quarters for the

leave period as per officially approved by competent authority (on

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condition that lump sum rent is deposited personally or through legal

representative)

Allottees availing EOL for more than 12 months shall surrender their

quarters to NHDCL.

7.10 Succeeding transfer of quarters The transfer of quarter shall be permitted only between the spouses

provided the spouse fulfills the allotment criteria at the time of transfer

and upon fulfilment of tenureship occupation criteria.

7.11 Subletting/hiring of NHDCL quarters An allottee of a NHDCL quarter shall reside in the unit allotted to

him/her. No allottee shall be permitted to sublet or hire the allotted unit

to a third party including his/her relatives. An allottee not residing in the

allottee unit shall be considered as having sub-let or hired his/her allotted

quarter. The process shall lead to immediate cancellation of the

allotment order, eviction from the facility and render the applicant

ineligible for NHDCL housing allotment in future in all Dzongkhags.

8.0 VACATION OF QUARTER

8.1 Vacation/Take-over of Quarters.

8.1(I) The concerned office is to provide to NHDCL the copy of relevant

documents for transfer, retirement, resignation, demise, termination etc of

their staff.

8.1(II)A total of two months period shall be granted to an allottee or his/her

immediate dependents to vacate the quarter upon transfer, retirement,

resignation, demise, termination etc. The two months would be effective

from the date of relieving order from his/her office. However, on

exceptional case, extension can be permitted beyond 2 months on

submission of required documents.

8.1(III) Non surrendering of quarter shall lead to immediate cancellation of the

allotment order, eviction from the facility and render the applicant ineligible

for NHDCL housing allotment in future in all Dzongkhags.

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8.2 Legal Provision

In addition to the provisions of the ‘Rules on Allotment of NHDCL

Quarters” and the requirements of tenancy agreement, NHDCL shall

have the right to implement relevant legal provisions, Tenancy Act and

other related regulations in force, including the right to withhold

clearance certificate of those tenants who have not surrendered their

quarters upon transfer, resignation, retirement, demise etc.

1. Penalty for non-surrender of quarter: within the provision of this

Rule, NHDCL shall levy/impose penalty to the tenant who continues

to occupy the rental unit even after the two (2) months period, as

given below:

a) No penalty during the usual two (2) months period of the

vacation notice.

b) From the 3rd month until the unit is surrendered, a fine

equivalent to two (2) months’ rent (in addition to the usual rent)

shall be levied per month and intervention of Court shall be

sought for immediate eviction.

II. Penalty for unlawful occupation: Above penalty shall apply from

the date of occupation until takeover and intervention of Royal

Bhutan Police shall be sought for immediate eviction.

8.3 Repossession of Quarters.

The NHDCL shall have unilateral right to repossess the housing units

from the allottees inter-alia, not limited, to the following conditions;

i) Units occupying continually for10 years by a household in same

work station.

ii) Units not surrendered by a tenant upon his/her transfer to other

duty stations

iii) Genuine requirement of the allotted properties for other important

development purposes

iv) Allottees who have acquired the allotment of quarters through

supply of false information

v) Allottees causing serious and repeated social disorders/nuisance

within the housing complex

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vi) Allottees causing serious damages to the rented properties and

other public facilities

vii) Unauthorized subletting/conversion of the use of quarters

viii) Non deposit of more than two months of consecutive rental

charges

ix) Other serious breach of the provisions of this Rule, lease

agreement, Tenancy Act and other related regulations in force.

x) For redevelopment purposes proposed by NHDCL or due to the

Government order.

xi) If kept vacant for more than 2 months continuously.

xii) Using the unit for other than intended purpose.

xiii) Operation of unlawful and illegal activities.

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NATIONAL HOUSING DEVELOPMENT CORPORATION LIMITED

THIMPHU : BHUTAN

“

ALLOTMENT RULES & REGULATIONS -2014

(COMMERCIAL UNITS)

REAL ESTATE MANAGEMENT DIVISION

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TABLE OF CONTENTS

SL. No Contents Page No

1.0

2.0

3.0

4.0

5.0

6.0

RATIONALE

TITLE AND SCOPE

AUTHORITY OF INTERPRETATION AND

AMENDMENT

PROCEDURE FOR APPLICATION

CONDITION OF ALLOTMENT

VACATION OF UNITS

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1.0 RATIONALE

To provide space for commercial purpose to the private

individuals/organizations as cross-subsidize measure.

2.0 TITLE AND SCOPE

2.1 The Allotment Rule shall be called “National Housing

Development Corporation Ltd. Commercial Unit Allotment Rule”.

2.2 The Rule shall come into effect from 1st January 2014.

2.3 The Rule shall apply for allotment of NHDCL commercial units

throughout the country.

2.4 The Rule inter-alia shall bear their legal provisions in the Tenancy

Act and the Tenancy Agreement drawn up between the allottee(s)

and NHDCL.

3.0 AUTHORITY OF INTERPRETATION AND AMENDMENT.

3.1 The NHDCL under the provision of these rules shall be responsible for

administration and allotment of the commercial units.

3.2 The NHDCL as deem necessary from time to time shall affect the

amendment of these rules by way of addition, variation or repeal.

4.0 PROCEDURE FOR APPLICATION

4.1 Private individuals can apply for the commercial units.

4.2 Registrations of applications are on first come first serve basis.

4.3 All applications for commercial units must have the CID number and

supporting documents.

4.4 The applications shall be scrutinized prior to allotment.

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4.5 Application shall be recognized as an important factor for allotment, no

claims shall be entertained for consideration of applications which have

not been formally recorded or authenticated by NHDCL.

5.0 CONDITION OF ALLOTMENT

Individuals allotted with NHDCL commercial units shall observe, not

limited, to the following conditions;

5.1 Allotment order

Successful applicants shall be issued with an allotment order.

5.2 Tenancy Agreement

Accepted applicants shall sign the tenancy agreement prior to the

issuance of the allotment order. No individual shall enter or use the

units and its facility without the completion of the agreement

formalities. The tenancy agreement shall be renewed every two (2)

years.

5.3 Rental and other charges Rental charges shall be made effective as per the date mentioned in the

allotment order. A late penalty charge @24% per annum shall be

levied for late payment.

A periodic revision/refixation of rental charges may be determined and

levied by the NHDCL based on the provision of the Tenancy Act.

In addition to the rental charges, the NHDCL may also levy other

charges.

5.4 Security Deposit Based on the provisions of the Tenancy Act, all applicants allotted with

NHDCL houses shall be required to make a security deposit as

determined by NHDCL from time to time. The amount shall be

deposited prior to signing of tenancy agreement.

5.5 Minimum Operation period Minimum period for operation of the commercial units is six (6)

months. If the Allottee withdraws his/her business before six months,

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the security deposit (i.e. two months’ rent) shall be forfeited, agreement

cancelled immediately and the unit shall be awarded to another without

any justification.

5.6 Conversion of the use of units No allottee shall alter/extend/convert the use of the allotted unit other

than the purpose leased for. Unauthorized alteration/conversion of the

use of such unit shall lead to immediate cancellation/withdrawal of the

facility and render the applicant ineligible for NHDCL housing

allotment in future.

5.7 Subletting/hiring of NHDCL commercial units An allottee of a NHDCL unit shall reside in the unit allotted to him/her.

No allottee shall be permitted to sublet or hire the allotted unit to a third

party including his/her relatives. An allottee not residing in the allottee

unit shall be considered as having sub-let or hired his/her allotted

quarter. The process shall lead to immediate cancellation of the

allotment order, eviction from the facility and render the applicant

ineligible for NHDCL housing allotment in future.

6.0 VACATION OF UNITS

6.1 Legal Provision

In addition to the provisions of the ‘Rules on the Allotment of NHDCL

Houses” and the requirements of tenancy agreement, the NHDCL shall

have the right to implement the relevant legal provisions, Tenancy Act

and other relevant regulations in force, including the right to withhold

security deposit of the tenants who have not surrendered their quarters

when asked to do so.

1. Penalty for non-surrender of quarter: within the provision of this

Rule, NHDCL shall levy/impose penalty to the tenant who continues

to occupy the rental unit even after the two (2) months period, as

given below:

a) No penalty during the usual two (2) months period of the

vacation notice.

b) From the 3rd month until the unit is surrendered, a fine

equivalent to two (2) months’ rent (in addition to the usual rent)

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shall be levied per month and intervention of Court shall be

sought for immediate eviction.

II. Penalty for unlawful occupation: Above penalty shall apply from

the date of occupation until takeover and intervention of Royal

Bhutan Police shall be sought for immediate eviction.

6.2 Repossession of Units.

The NHDCL shall have unilateral right to repossess the housing units

from the allottees inter-alia under the following conditions;

i. Genuine requirement of the allotted properties for other

important development purposes

ii. Allottees who have acquired the allotment of quarters through

supply of false information

iii. Allottees causing serious and repeated social disorders/nuisance

within the housing complex

iv. Allottees causing serious damages to the rented properties and

other public facilities

v. Unauthorized subletting/conversion of the use of quarters

vi. Non deposit of more than two months of consecutive rental

charges

vii. Other serious breach of the provisions of this Rule, lease

agreement, other related regulations and Tenancy Act.

viii. If kept vacant for more than 2 months continuously.

ix. Using the unit for other than intended purpose.

x. Sale of bar/alcohol products/Contravene items/go-down/store

within the NHDCL housing colony

xi. Operation of unlawful and illegal activities.

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