1.6 million residents of Mongolia’s capital city, Ulaanbaatar, are once again facing the familiar frustrations of smog and traffic congestion since the cold season is approaching. As the warm season draws to a close, capital city dwellers who ventured to the countryside for festivals and vacations are returning to work and school, and students are filling the classrooms. The traffic jams are bound to reach their peak again. The primary cause of this congestion stems from the reckless and unregulated land allocation by former city officials who abused their authority and neglected urban planning policies. In 2018, perhaps as means to either inflate the value of land they irresponsibly distributed or genuinely try to control the rampant and unplanned construction, the capital city administration issued a directive. This directive banned new construction in many parts of the downtown. However, this has largely been ignored, and many new buildings continue to violate residents’ rights to live in a healthy and safe environment.
Above right should have been ensured since 2019
During his term as the Governor of the Capital City and the Mayor of Ulaanbaatar, S.Batbold issued Decree A/1148 on December 6, 2018. This decree, which remains in effect to this day, was intended to safeguard the right of the capital city residents to live in a healthy and safe environment. If the relevant professional bodies had implemented and monitored this decree as they should have, Ulaanbaatar’s citizens could have seen their rights protected starting from 2019. However, in Mongolia, it appears that “laws only have a lifespan of three days”; few people remember the decree, and even fewer are aware of its existence today. With S.Batbold’s departure, the decree seemed to vanish as well, and successive mayors have forgotten the continuity of state governance in this country.
The decree specifically states, “To ensure the right of Ulaanbaatar residents to live in a healthy and safe environment and to implement the norms and regulations of the city and village planning and construction norms and standards BNbD 30.01.04, the Ulaanbaatar General Development Plan outlines the residential zone limits detailed in the annex of this decree, which prohibits the allocation of land for purposes other than the construction of infrastructure, public facilities, and communal spaces. The decree directed the Land Management Department of Capital City to enforce these rules.”
The aforementioned standard mandates that “residential areas must be designed to provide comfortable, healthy, and safe living and working conditions for residents. No construction that violates these norms should be allowed in residential zones in the capital city. Buildings or facilities with a plot area not exceeding 0.5 hectares that do not have harmful effects (noise, vibration, electromagnetic fields, radiation, soil, air, water pollution, etc.) can be constructed in residential neighborhoods. The sanitary protection zone for such buildings is 25 meters.” Unfortunately, many constructions still violate these norms, disregarding even the 25-meter sanitary protection zone.
Building prohibitions exist in over 1,000 hectares
According to the annex of the decree, construction is prohibited in 111 locations across 1,044 hectares within Ulaanbaatar’s territory. For instance, 133 hectares in Khan-Uul District, 29.5 hectares in Chingeltei District, 48.4 hectares in Sukhbaatar District, 328.6 hectares in Bayangol District, 389 hectares in Bayanzurkh District, and 110.5 hectares in Songinokhairkhan District are off-limits for further construction. Yet, the decree has mostly remained a piece of paper with little impact on reality.
For example, in the 26th khoroo of Bayanzurkh District, where the population density is already high or with 700-800 people living per hectare, the area was marked as restricted for construction. However, new buildings continue to be established, such as the ongoing construction by “Altai Construction” LLC adjacent to the Saruul khoroolol. Examples like this in Bayanzurkh District continue to happen in other districts, such as in Bayangol, Khan-Uul, and Sukhbaatar as well.
One such example is the area near Oin Gudamj (commonly referred to as “Ulaanbaatar Buyan” LLC) in Sukhbaatar District’s first khoroo, where a five-hectare plot was designated as a no-build zone. Yet, a business enterprise is currently constructing residential buildings there. In another case, in Khan-Uul District’s 11th khoroo, 24.1 hectares on Ar Zaisan Street were prohibited for development and construction. Just a few days ago, a building under construction by a company associated with the Minister of Energy, B.Choijilsuren caught fire, causing panic among nearby residents.
Such violations of the decree, coupled with last winter’s devastating fire caused by a liquefied gas truck owned by “Dashvaanjil” LLC, have left residents worried that similar accidents could happen again.
Requests for high rise buildings around private houses granted
In another instance, a plot in the 25th khoroo of Bayanzurkh District, commonly referred to as “Nature” road, was designated as a restricted area for construction. Given the density of 500-600 people per hectare, construction on a 9.2-hectare area was banned. However, several high-rise buildings have been erected on the eastern bank of the Selbe River. The district court is currently dealing with the legal disputes related to these constructions, which have resulted in flooding and other damages. However, the court of first instances has been tossing the case back and forth without providing a resolution, causing frustration for the affected residents.
One of the most glaring examples of violations that are harming nearby citizens, is the construction of a tall building that surrounds a private home and blocks its sunlight. In the Bayanzurkh District’s 25th khoroo, despite the restrictions, a 16-story building was built, blocking sunlight and violating the property rights of the residents. In response, a citizen J.Naranbaatar filed a complaint with the Administrative Court of First Instance in Ulaanbaatar.
J.Naranbaatar stated, “I have lived with my family in my private residence at Oin Gudamj 4, Bayanzurkh District’s 25th khoroo, for 16 years. Starting from July 2020, the construction of a 16-story building by citizen Ts.Dashtseren began, blocking sunlight and violating the distance norms between buildings.”
The citizen further stated that, “As a result, my family’s constitutional right to live in a healthy and safe environment, as well as our rights and interests as outlined in Articles 7.1.1 ‘Rights and interests arising out of construction operation and concerning land, immovable property owned, used or occupied by citizens or legal entities’, and 7.1.2 ‘Rights and interests of citizens and legal entities to live and work in a healthy and safe environment’ of the Law on Construction, have been infringed upon. The officials in charge of construction approved the building’s architectural design and sketches for Ts.Dashtseren, disregarding the obligations set forth in Article 7.5 ‘National and local government authorities in charge of construction issues shall be responsible to protect the interests of third parties through enforcement and implementation of relevant regulatory documents in construction process, and oversight’ of the Law on Construction to protect the rights and interests of citizens and legal entities.”
The court measured the distance between the above buildings and found it to be 11.39 meters, while the Residential Building Design Code (BNbD 31-01-10) requires at least 20 meters of distance for buildings with 16 floors. Therefore, it is evident that the authorities have breached legal regulations by granting approval for the construction of this building, which is now infringing upon the rights of the citizens.
Court chose to dismiss cases, despite evidence of violation of citizens’ rights
Despite these clear violations of Decree A/1148 on December 6, 2018, and other legal standards and laws, the panel of judges at the Administrative Court of First Instance, consisting of Ts.Urangua, T.Munkh-Erdene, and D.Chantsalnyam, dismissed J.Naranbaatar’s complaint in its entirety. In response, the citizen appealed to the Administrative Appellate Court, which found that “the lower court failed to gather sufficient evidence and did not provide conclusions for each contested issue raised by the parties, rendering it impossible to correct procedural errors,” and thus returned the case for a retrial.
Not only did the tall building block the sunlight to Naranbaatar’s residence, but the legal proceedings also revealed inadequate evidence collection, leaving the affected resident in an ongoing struggle for justice. The appellate court noted that the building’s impact on the amount of direct sunlight reaching Naranbaatar’s home was not properly assessed by experts, who seemingly had conflicts of interest.
Moreover, a state-owned entity responsible for providing expert evidence to the court, failed to deliver reliable documentation regarding the required distance between buildings. The appellate court emphasized that the data submitted did not meet evidentiary standards, further complicating the case.
This chaotic situation reflects the ongoing problems with urban management in Ulaanbaatar. The city administration issues decisions to regulate unplanned construction, yet those responsible for implementation disregard these directives and grant permits that violate people’s right to live in a healthy and safe environment. Meanwhile, the state-owned Construction Development Center presents inadequate and conflicting evidence in court. When will we truly become a democratic country that upholds the law and respects human rights?
