Under the new Thimphu Structure Plan and Design code, plot subdivisions in Thimphu district now require a minimum of 25 decimals, unlike the earlier provision of 10 decimals. Residents have raised concerns over this change. The government says the 25-decimal rule is meant to promote more organised and sustainable urban development. However, residents are urging authorities to revisit the policy to avoid potential social consequences.
Several landowners argue that the new requirement could complicate land distribution among family members, especially in cases where parents own smaller plots but have multiple children. They said that the regulation might fuel family conflicts and legal battles in the future.
“We would be thankful if the rule were kept like before. With the new 25-decimal requirement, families like ours, who have smaller land and more children, face many difficulties. If I give land to one child, the others will be unhappy. Even selling the land is inconvenient. I have only 30 decimals, and my house is also on it. If I sell, I would have to sell it all. With three children and this 25-decimal rule, it has become very inconvenient,” said Dechen, Land Owner, Ramtokto-Tshangrina Chiwog, Chang Gewog, Thimphu.
“I am sure the government made it after careful decision. But some people have just enough land to manage. For those with smaller plots, there should be some flexibility. We would be grateful if subdivisions of 10 or 13 decimals could be allowed. Otherwise, when land is not enough to divide among our children, it could lead to family disputes,” said Tashi Pem, Land Owner, Ramtokto-Tshangrina Chiwog, Chang Gewog, Thimphu.
Local leaders also raised the issue at the recent Dzongkhag Tshogdu.
“When the mandatory rule of requiring 25 decimals is implemented, the children in the household are the ones affected the most. When they divide the land, they do not give us cash separately. They say the land is ours, and the responsibility to build the house also becomes ours. For instance, if a parent gives 20 decimals to a child, we sell 10 decimals and from the cash we get from that, we build the house in the remaining 10 decimals. Now with this regulation, we do not even get the land,” said Tashi Wangchuk, Ramtokto-Tshangrina Tshogpa, Chang Gewog, Thimphu.
At the Meet the Press session yesterday, the Minister for Infrastructure and Transport said the southern and northern areas, which were previously under the district, are now included in the Thimphu Structure Plan. Parts of these areas are classified as Rural Area Types, where any future plot subdivision must be at least 25 decimals.
He said the rule is meant to fix problems from past subdivisions. prevent overcrowding, and ensure more sustainable urban growth.
“The existing regulations have inadvertently encouraged urban densities within smaller plots, leading to monotonous building typologies and a reduced quality of life for Residents. The minimum plot sizes for sub-division have been worked out to ultimately promote the vision of TSP “Good Growth in Right Places” in addition to optimising use of land through consolidation, and reducing the requirement to maintain individual setback, thereby wasting already scarce land resources,” said Chandra Bdr Gurung, Infrastructure and Transport Minister.
According to the Land Act of Bhutan 2007, Section 132, the minimum land parcel that can be registered in a Thram is 10 decimals. This section raises questions on the legality of the government’s new 25-decimal requirement for plot subdivision.
Responding to the concerns during the Meet the Press session yesterday, the Minister for Infrastructure and Transport clarified that this is legal under the Local Government Act 2009. According to the LG Act, the minimum plot size in potential growth areas of Thromde shall be 13 decimals, whereas in areas where Local Area Plans exist, the minimum plot size shall be as per the size specified in the approved local area plans.
He also suggested consolidated ownership in cases where there are more children, but the plot is small. For example, instead of dividing a 25-decimal plot among four children, the family could keep the land together and build a single apartment building or a flat, where each child owns a unit. This allows better use of land and safer and well-planned housing.
Samten Dolkar
Edited by Sonam Pem