- Building collapses in Bungoma Kenya, trapping an unknown number.
- The under-construction building falls in Nairobi at night.
- City center collapse leaves several people injured.
- A five-story building collapses in Uthiru; the number of people trapped is unknown.
These are some incidents that we often hear happening here in Kenyan news from time to time. Buildings collapsing, leaving people homeless while taking away people’s livelihoods and businesses.
Such occurrences have raised concerns about building standards in Kenya and whether rules and regulations are put in place and properly followed.
Building permits are essential because they ensure projects are inspected and approved by qualified professionals, which helps to prevent shortcuts during construction.
In this article, we will get to understand Kenya’s policies and regulations when it comes to planning to build a house.
Knowing those regulations will help you save time and money and make your construction journey smooth. But before that, let’s understand the role of NCA, an important body in Kenyan law.
NB. The rules apply to every type of construction, whether commercial, residential, or even industrial projects.
The Role of The National Construction Authority (NCA) When Building in Kenya
The appropriate professional bodies, like the NCA, must ensure that you meet the minimum health and safety standards. The NCA is also responsible for conducting thorough audits of all buildings, including those still under construction.
The NCA also carries some other duties, including:
- Using a multi-sectoral approach, they evaluate buildings to decide if they are safe for habitation or need demolishment. In collaboration with stakeholders like the National Environment Management Authority (NEMA), the NCA determines the building’s suitability.
- Identify buildings that do not meet construction standards or lack necessary approvals due to missing title deeds. The NCA works with groups like NEMA to decide if a building is safe to live in or if it should be demolished. Basically, it determines the building’s suitability.
- Plays a key role in raising public awareness about safe construction practices and the need to comply with building regulations in Kenya. Through campaigns, workshops, and educational materials, it informs citizens about the risks of unsafe buildings and the benefits of proper planning and approvals.
- The NCA settles disagreements between people in the construction industry, like contractors and clients. It acts as a mediator to ensure fair solutions and good teamwork.
- Demolishes buildings that don’t meet safety standards.
- Approves buildings that meet standards but lack permits.
- Arrests and prosecutes fake officials posing as Ministry of Land, Urban Development and Housing staff.
Next, let’s understand some of the approvals you must have before you begin any construction project.
Required Building Approvals You Must Obtain in Kenya
1. Verify the Authenticity of Title Deeds
The land you choose to build your house on is very important. You should think carefully about things like the size of the land, where it is, and the shape of the land. These things will decide what kind of house you can build.
Ensure you have a ready title deed because you will need it when applying for construction approvals from government offices.
2. Accurately Define Land Surveys and Boundaries
Carry out a land survey to precisely establish the property’s boundaries and size. This helps prevent future boundary disputes and ensures the land you purchase matches the seller’s description.
3. Ensure Compliance with Zoning Regulations
Ensure the land is zoned for residential use by verifying compliance with local zoning regulations. This will prevent construction issues and ensure your plans align with the area’s intended use.
4. Navigate and Understand Land Tenure Systems
It’s crucial to understand the land tenure system in the area, whether it’s leasehold, freehold, or community land. This knowledge will help you grasp the specific terms and conditions associated with the land.
5. Conduct a Detailed Review of Legal Documents
Consult legal professionals to draft and review all necessary legal documents for the land transaction, including sale agreements, transfer documents, and any related contracts.
6. Obtain Necessary Local Authority Approvals
Before starting any construction project, securing approvals from the local authorities is crucial. These approvals ensure your project complies with zoning laws, building codes, and environmental regulations. Submitting the required documents, such as building plans and proof of land ownership, is typically part of the process. Failing to obtain these permits can lead to delays, fines, or even legal action.
Essential Documentation Required For House Building ApprovaI Kenyal
To safeguard your property and avoid potential legal disputes, it’s crucial to obtain proper documentation and approvals before you start your construction journey. Unfortunately, many homeowners lost their property due to insufficient proof of ownership. To prevent such unfortunate incidents, always seek approval from the local authorities before starting any construction project. It will ensure that your building process adheres to legal requirements and that your ownership rights are legally recognized.
Securing approval for house construction in Kenya requires several critical documents to ensure compliance with legal and regulatory standards. These include:
- Title Deed: To prove that you own the land.
- Survey Plan: This is a certified map showing the land’s exact boundaries and measurements.
- Architectural Drawings: This is a detailed house plan prepared by a licensed architect and approved by relevant authorities.
- Structural Designs: This is a certified plan you will get from a construction engineer to prove the building’s structural integrity.
- Environmental Impact Assessment Report: This only applies to projects that may impact the environment, and you will get them from the National Environment Management Authority (NEMA).
- Zoning Approval: This clearance confirms the property’s compliance with local zoning regulations.
- County Permits: These are approvals from the county government for the construction, including planning and safety compliance.
- Contractor’s Registration Certificate: This proves the contractor is licensed to perform construction work.
Authorities to Submit Building Documents for Approval In Kenya
Now that you have all the documents you need, the next question will be, where do you go from here? In Kenya, the documents for house building approval must be submitted to various authorities, depending on the type of approval required. Here’s where you need to take them:
- County Government Offices
Submit your architectural and structural plans to the respective county government’s planning and development department. They review the designs for compliance with zoning, safety, and building regulations.
- National Construction Authority (NCA)
Register your project with the NCA, which oversees construction standards and ensures compliance with national building codes.
- National Environment Management Authority (NEMA)
For projects requiring an Environmental Impact Assessment (EIA), submit the report to NEMA for approval to ensure environmental protection compliance.
- Board of Registration of Architects and Quantity Surveyors (BORAQs)
Ensure that all professionals involved, such as architects and surveyors, are registered with BORAQs to meet professional standards.
- Local Utility Providers
Depending on your needs, you may also need approval from utility providers for connections to water, electricity, and sewer systems.
Once you submit it to each construction body, you can confidently proceed with the project. You won’t have to worry about penalties or delays, as your construction project is legally compliant.
Other Requirements
1. Detailed Building Plan and Bill of Quantities (BQ)
Once you’ve finalized the necessary documentation, the next step is to select a suitable house plan. First, engage in detailed discussions with your architect, sharing your specific requirements and preferences. Also, consider scheduling a site visit with the architect to assess the site’s unique features, as these may influence the optimal design of your home. Collaborate with your architect to develop a customized building plan, accompanied by a comprehensive Bill of Quantities (BQ) outlining the total construction cost. Tailoring your building plan to your specific needs and preferences is often the most effective approach to achieving your dream house.
2. Comprehensive Financial Planning for Construction
Sound financial planning is a cornerstone of successful home construction. Though it may not be a requirement from government construction bodies, it’s an important plan for your construction journey.
A detailed Bill of Quantities (BQ) provides a clear breakdown of costs, enabling you to allocate funds effectively and make informed decisions. While some may require construction loans, others prefer a phased approach, undertaking one section at a time. A well-structured BQ can be invaluable in both scenarios. Thus, it’s advisable to consult with lenders early on to assess your eligibility for financing and gain confidence in your construction plans.
3. Hire the Right Professionals
It can be tempting to take the building project on your own to save on professional services. That’s where most Kenyans go wrong; and many cases of falling buildings. Some go for less qualified professionals who will demand less money and end up paying dearly for the same.
While the allure of a DIY home construction project can be tempting, it’s important to recognize the potential pitfalls of undertaking such a complex task without professional expertise. Lacking construction experience can lead to costly mistakes that may take years to rectify. Therefore, to ensure a structurally sound and safe home, it’s essential to assemble a team of skilled professionals who can guide the construction process from start to finish.
Here are the key experts you’ll need on your team.
4. Reputable and Approved Architect for Building in Kenya
To select the right architect, research local options and gather recommendations from trusted sources. Review their portfolios for experience with designs similar to your vision. Confirm their credentials, licenses, and professional affiliations to ensure credibility. Finally, meet them to discuss your ideas, budget, and expectations, providing clear communication for a seamless design process.
Ensure the architect you hire is licensed and registered with the Board of Registration of Architects & Quantity Surveyors (BORAQs).
In Kenya, an architect’s payment typically ranges between 6% and 10% of the total construction cost, depending on the project’s scope and complexity. Their role includes:
- Prepare a comprehensive design for the house plan.
- Outline specifications and provide the project cost estimates.
- Verify adherence to safety standards and building regulations.
- Help secure financing through the bank.
- Recommend or select suitable subcontractors.
- Conduct site visits to monitor project progress.
5. Approved Quantity Surveyor for Building In Kenya
When selecting a land surveyor, start by identifying qualified professionals with experience in residential projects. Secondily, review their previous work and client testimonials to assess their accuracy and reliability. Afterwards, request proposals from the surveyors outlining the scope of work, timeline, and cost, allowing you to compare options and choose the best fit for your project. Finally, facilitate a collaboration between the surveyor and architect to ensure accurate land measurements are incorporated into the design, ensuring a smooth and successful construction process.
Just like the architect, the surveyor should be registered with BORAQs and hold the necessary licenses and certifications to meet industry standards.
In Kenya, a quantity surveyor typically charges a fee ranging from 1% to 3% of the total construction cost, depending on the project’s size and complexity.
Your quantity surveyor will be in charge of:
- Drafting the bill of quantities, which outlines the project’s timelines, material measurements, and labor requirements.
- Overseeing costs to ensure the project stays within budget
- Offering cost estimates for the entire project.
- Dividing the project into smaller, manageable components.
- Handling contracts and addressing legal matters.
- Coordinating subcontractor payments.
6. Approved Construction Engineer for Building in Kenya
When selecting a construction engineer, focus on choosing the one with expertise in residential projects and a strong understanding of local building codes and soil conditions. Verify their credentials, including education, licenses, and certifications from recognized engineering bodies, to ensure they meet professional standards. Schedule a site inspection to assess soil conditions and design an appropriate foundation that guarantees stability and safety. Also, encourage collaboration between the engineer, architect, and surveyor to ensure the foundation design aligns with the architectural plans and accurate land measurements.
In Kenya, construction engineers typically charge a fee ranging from 1% to 3% of the total construction cost, depending on the project’s scope and complexity.
The work of a construction engineer includes;
- Review the drawings and design to confirm the project’s feasibility.
- Hire subcontractors and arrange for the required tools and machinery.
- Collaborate with the quantity surveyor to order materials and ensure the project stays within budget.
- Oversee the subcontractors’ work.
7. Approved Interior Designer for Building In Kenya
An interior designer helps transform spaces to match the client’s vision, functionality, and style by working with homeowners, architects, and contractors. They handle layout design, furnishings, materials, and colour choices to create aesthetic and practical spaces. While they focus on factors like space planning, lighting, and ergonomics, their services are not mandatory—it’s possible to achieve a well-designed space without an interior designer.
Conclusion
Before starting a building project in Kenya, it is vital to understand and comply with all required approvals to avoid legal issues or delays. You know how construction comes looking for any loophole in terms of approval so that they can harass you, and you end up giving them a lot of money.
Having proper documentation and ensuring you understand what you require will lay a strong foundation for a smooth and successful construction process.
We have given you clear guidelines; hence, if you follow the advice, you can confidently build your house.
Bluman Properties – Delivering Your Dream
At Bluman Properties, we handle everything—approvals, paperwork, and construction—so you don’t have to worry about a thing. We know how stressful permits and approvals can be, with officials looking for any mistake to slow you down or demand extra money. That’s why we take care of every detail, ensuring your project is fully compliant from start to finish. With our experience in building many homes all around Kenya, we make the process smooth, stress-free, and efficient. Trust us to bring your dream home to life while you relax and enjoy the journey.