Regulations Surrounding Property Development and Construction in Kenya
Strict enforcement of these regulations is essential for achieving proper maintenance and the production of quality standards.
Mitchelle
Do you want to build on your land but you don't know how to go about it? Have you considered all the actions that should be taken? In this article, we are going to talk about all the precautions one should adhere to to construct a building without breaking the law. These regulations are necessary to avoid going against the concerned authorities, such as the county government and the National Construction Authority (NCA). In addition to this, they help in risk mitigation, safeguarding investments, and ensuring the projects are successfully accomplished without any hitch. Keep in mind that there is a difference in procedures, laws, and charges for different sizes of the concerned property, which varies from county to county.
These regulations include;
1. Acquiring a compliance certificate from the NCA.
The corporation, NCA, was established to oversee the construction industry and coordinate its development. It is headed by an Executive Director. Developers need to register their project development and construction, which is a process and not just a formality. Depending on the risk of the project, the registration may be approved or commented on for changes to be made. With all the necessary documents at hand; a valid contractor's license, a KRA pin, architectural approval, and so on—the developer can visit the NCA portal ( https://oprs.nca.go.ke/ )to have their project registered.
2. Architectural plan approval.
Building plan approval is a necessity for any construction to commence and all the plans to fall into place with little to no hindrance. Approval isn't the only thing that is required. The project developers should stick to the building plan since going against it risks clashing with the concerned authority. This can lead to sealing off the construction and being deemed not to have complied with the guidelines. The worst to happen is the developer risking an arrest and charges pressed on them. This has many ways in which it can end. Firstly, facing a possible jail term, being released on bond, or being barred from any construction project in the future. When applying for building plan approval, ensure that you have prepared your building plans and the structural drawings plan. At the surgeon-general's office, it is confirmed that it has been registered, the land location is correct, and any discrepancies have been checked. Next is the design standard. Does it comply with standard measurements? Are there enough air spaces or setbacks? Are there enough green areas? Is it appropriately stamped and sealed?
Mark, at any stage, the plan can be rejected. Any slight error comes at a high cost.
3. NEMA (National Environmental Management Authority) approval.
Developers must meticulously comply with various environmental, health, and safety regulations enforced by this body. It is required of them to implement comprehensive safety programs, regular site audits, and adherence to elevated standards of construction practice. Besides these, the Occupational Safety and Health Act also necessitates that the proposed construction does not pose any significant risk to the neighboring community or environment.
Alongside NEMA, there is an Environmental Impact Assessment (EIA). Before breaking any ground, EIA ensures that the potential environmental risks are assessed and mitigated effectively.
In conclusion, strict enforcement of these regulations is essential for achieving proper maintenance and production of quality standards. This is also to avoid overbudgets and alterations to the project schedule.
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