Navigating the Building Approval Process: Before and During Construction
In Kenya’s construction sector, preventing structural failures depends on strict adherence to statutory approvals established under the National Construction Authority Act (No. 41 of 2011), the Physical and Land Use Planning Act (2019), and the National Building Code, 2024. Rather than being a single-step formality, compliance is a continuous chain of verification that begins long before ground is broken and continues until the building is certified safe for occupation.
Phase 1: Pre-Construction Approvals (Before Breaking Ground)
Before any excavation or site clearing can legally begin, a developer must secure sequential clearances from registered professionals, county authorities, and national regulators.
- Land Verification and Zoning Compliance
- Ownership & Survey: The developer must confirm clean ownership through an official title search, land rates clearance, and a certified Survey Plan or Registry Index Map from the Survey of Kenya.
- Land Use (Zoning): The proposed development must match the county’s zoning policy regarding permitted use (e.g., residential vs. commercial), plot coverage, and maximum allowable floor levels. If the land is zoned differently, an approved Change of User permit must be obtained first.
- Engagement of Registered Consultants
- Under Kenyan law, all architectural, structural, and cost-estimation documents must be prepared, signed, and stamped by licensed professionals registered with their respective statutory boards:
- Architects & Quantity Surveyors: Registered with the Board of Registration of Architects and Quantity Surveyors (BORAQS).
- Structural & Civil Engineers: Registered with the Engineers Board of Kenya (EBK).
- Under Kenyan law, all architectural, structural, and cost-estimation documents must be prepared, signed, and stamped by licensed professionals registered with their respective statutory boards:
- County Government Building Plan Approval
- The architect and structural engineer submit architectural drawings, structural calculations, soil test reports (for multi-story/complex structures), and ownership documents to the relevant County Government (such as the Nairobi City County Urban Planning/Development Control department).
- Multi-Departmental Vetting: County planning, public health, fire safety, and structural engineering officers review the plans against the National Building Code, 2024. Once approved and fees are paid, the county issues a stamped Building Permit (Development Permission/PPA2), which generally requires construction to start within one to two years.
- Environmental Impact Assessment (NEMA License)
- For multi-dwelling units, commercial buildings, or projects near environmentally sensitive areas (wetlands, rivers, or steep slopes), a registered environmental expert must submit a project report or full Environmental Impact Assessment (EIA) to the National Environment Management Authority (NEMA). Construction cannot proceed without a NEMA license where applicable.
- National Construction Authority (NCA) Project Registration
- Once county and NEMA approvals are secured, the project must be registered online with the National Construction Authority (NCA) within 30 days of awarding the construction contract (mandatory for projects valued above KES 5 million).
- Mandatory Submissions: Stamped county drawings, NEMA license, a signed Bill of Quantities (BQ) summary, a signed contract with an NCA-registered contractor (licensed for that specific project value category), and Supervision Commitment Letters from the project architect and engineer.
- Upon verification, the NCA issues a Project Compliance Certificate and registration number.
Phase 2: Oversight and Approvals During Construction
Securing pre-construction permits does not grant a blank check. Under the National Building Code, 2024 and NCA regulations, active construction is subject to mandatory stage-by-stage inspections and site compliance rules:
- Site Setup and Public Notice: Before works begin, the developer must file a Commencement Notice with the county and erect a mandatory Project Signboard displaying the project registration number, approved permit numbers, and the names and registration details of the client, contractor, architect, and structural engineer. Proper site hoarding and public safety walkways must also be installed.
- Mandatory Stage Inspections: Construction must pause at critical structural milestones for inspection and written sign-off by the project’s registered structural engineer and county building inspectors before proceeding to the next stage. Key inspection checkpoints include:
- Foundation Trenches & Reinforcement: Inspecting soil bearing capacity and steel rebar placement before pouring foundation concrete.
- Ground Floor & Suspended Slabs: Verifying formwork stability, steel reinforcement spacing, and concrete mix ratios prior to casting each floor slab.
- Columns, Beams, and Superstructure: Checking structural alignment, curing times, and load-bearing walls.
- Roofing and Drainage: Inspecting roof trusses, fire escape provisions, and stormwater/sewerage connections.
- Material Quality Testing & Unannounced NCA Audits: Throughout construction, contractors are required to conduct laboratory compressive strength tests (cube tests) on concrete batches and verify steel standards. Simultaneously, NCA compliance officers conduct unannounced site visits to verify that:
- Only NCA-accredited site supervisors and skilled artisans are working on-site.
- Stamped approved drawings are kept on-site at all times.
- No unapproved structural alterations (such as adding extra floors) are taking place.
- Enforcement Action: If violations are found, the NCA or County Government issues a Suspension / Stop-Work Order and can revoke the site compliance certificate until defects are rectified or demolished.
Phase 3: Post-Construction (Certificate of Occupation)
A building is not legally complete—nor safe for tenants—simply because construction finishes.
- Final Multi-Agency Inspection: The developer applies to the County Government for a final inspection. County engineers, public health officers, and fire safety inspectors verify that the completed building strictly matches the approved plans and meets fire, sanitation, and accessibility standards.
- Certificate of Occupation: Once the final inspection passes and as-built certificates from the architect and structural engineer are submitted, the county issues a Certificate of Occupation. Occupying or renting out a building without this certificate is illegal and exposes the owner to prosecution and eviction orders.
Due Diligence Checklist Before Buying an Apartment
Before paying a deposit or signing a sale agreement, a buyer—ideally through an independent conveyancing lawyer—should verify both the legal ownership and the structural/regulatory compliance of the building.
1. Title Deed & Ownership Verification
- Official Land Search: Conduct a search on Ardhisasa (or at the relevant Lands Registry) using the mother title or sectional title number to confirm the registered owner, remaining lease term (for leasehold properties), and check for encumbrances such as bank charges, caveats, or court disputes.
- Seller / Developer Identity: If buying from a company, request a CR12 form (from the Business Registration Service) and Certificate of Incorporation to verify the directors legally authorized to sign the sale agreement.
- Sectional Title Status: Under Kenya’s Sectional Properties Act, 2020, confirm whether individual sectional titles have been processed (or are in progress for off-plan units) rather than outdated long-term sub-leases.
2. Regulatory & Structural Compliance Checks
- Certificate of Occupation (Completed Units): Never buy or move into a completed apartment without inspecting the County Government’s Certificate of Occupation—it proves the building passed final structural, fire, and public health inspections.
- Approved Architectural & Structural Plans: Confirm that the actual building matches the stamped county plans. Watch out for unapproved extra floors or converted spaces (e.g., turning parking basements or rooftop terraces into extra apartments), which expose the building to structural overload and county demolition orders.
- NCA, NEMA & Professional Verification: Check the project’s NCA Compliance Certificate and NEMA EIA license reference numbers. Verify on the EBK and BORAQS portals that the listed structural engineer and architect hold valid practicing licenses.
3. Financial & Management Clearances
- Rates & Rent Clearance: Demand current County Land Rates and National Land Rent Clearance Certificates—unpaid arrears attach to the property and transfer to the new owner.
- Service Charge & Management Company: Review the management company structure, monthly service charge rates, utility billing (individual vs. shared meters), and whether the building has a healthy sinking fund for major repairs (lifts, generators, roof waterproofing).
4. Physical & Developer Inspection
- Independent Snagging / Structural Check: Have a qualified engineer or building surveyor inspect the unit and common areas for early warning signs—diagonal wall cracks, dampness or water seepage, poor drainage, and lift/fire-safety readiness.
- Developer Track Record (Off-Plan): Visit the developer’s previously completed projects and speak to existing residents about build quality, delivery timelines, and how smoothly title deeds were issued.
Key Regulatory Sources
- National Construction Authority (NCA): National Construction Authority Act (No. 41 of 2011) & Project Registration Guidelines.
- Government of Kenya: The National Building Code, 2024 (Legal Notice No. 47)
- National Environment Management Authority (NEMA): Environmental Management and Co-ordination Act (EMCA)
- Professional Regulatory Bodies: Engineers Board of Kenya (EBK) and Board of Registration of Architects and Quantity Surveyors (BORAQS)