Chapter-2 Respect, Protection and Fulfillment of Right to Housing
- Right to housing: (1) Every citizen shall have the right to an appropriate housing, and such right shall be respected, protected and fulfilled pursuant to this Act and other prevailing laws.
(2) Under the right to housing referred to in sub-section (1), every citizen shall have the following rights:
(a) To make safe, appropriate and suitable housing according to his or her capacity, subject to the standards determined by the prevailing law, to settle in that housing and use it,
(b) To stay safe from the condition of life being into the risk due to the lack of housing,
(c) To make choice of the place of housing pursuant to the prevailing law, and make provision for housing at a suitable place by migration,
(d) To respect and protect his or her religious, social and cultural identity at the place of housing,
(e) To conserve without constructing physical structure in the designated open area in his or her place of housing and surroundings.
(3) The responsibility to respect, promote, protect, fulfill and implement the right referred to in sub-section (1) shall be vested in the Government of Nepal, Provincial Government and Local Level.
- To respect citizen’s right to housing: (1) A citizen shall be allowed to use his or her housing peacefully without any interruption.
(2) No citizen shall be made deprived of, or discriminated from, the facility of housing on the ground of origin, religion, class, caste, ethnicity, gender, physical condition, disability, health condition, marital status, pregnancy, economic condition, language or region, ideology or any other such grounds.
- To evict for public purpose: (1) Any citizen may be evicted from his or her housing for the public purpose in accordance with the prevailing law.
(2) While evicting any citizen from the housing owned by him or her for the public purpose pursuant to sub-section (1), such eviction shall be made by providing him or her with resettlement or compensation, in accordance with the prevailing law.
(3) The compensation referred to in sub-section (2) shall have to be provided prior to the act of evicting the citizen from his or her housing.
(4) While evicting any citizen from his or her housing for public use pursuant to sub-section (1), the following conditions shall have to be fulfilled:
(a) Consultation has been held with the citizen,
(b) Sufficient notice, along with the reason, has been given,
(c) Person or family to be evicted from housing has been appropriately identified,
(d) Authorized official as his or her representative has been present at the time and place of eviction,
(e) There has been not a night time or similar inconvenient time.
(5) In the course of evicting from housing pursuant to this Section, protection of elderly citizen, the sick, person with disability, children, helpless, weak and pregnant woman shall have to be properly paid attention to.
(6) The provisions relating to resettlement pursuant to this Section shall be in accordance with the provisions made by the concerned public body.
- Access to resources: The Government of Nepal, Provincial Government and Local Level shall have to make provision of having easy access of the citizens to the resources available in the place of housing.