MANAGING RISKS FOR A SAFER BUILT ENVIRONMENT IN KENYA Build ing Re gul ator y C a p ac ity As s e s s me nt B u i ldi n g Re g u l at io n fo r Resilience Pro g ra m The World Bank Group 1818 H Street NW Washington DC 20433 Telephone: 202-473-1000 www.worldbank.org This work is a product of the staff of The World Bank Group with external contributions. The findings, interpretations, and conclusions expressed in this work do not necessarily reflect the views of The World Bank Group, its Board of Executive Directors, or the governments they represent. The World Bank Group does not guarantee the accuracy of the data included in this work. The boundaries, colors, denominations, and other information shown on any map in this work do not imply any judgment on the part of The World Bank Group concerning the legal status of any territory or the endorsement or acceptance of such boundaries. K ENYA : B UILD ING REG ULATO RY CA PACIT Y ASSESSM ENT MANAGING RISKS FOR A SAFER BUILT ENVIRONMENT IN KENYA B ui l di ng Re gul ato r y C a p ac ity As s e s s me nt B u il d in g Re g u l at ion fo r Resilience Pro g ra m J A N UA RY 2 0 19 Contents Acknowledgements..........................................................................................................................vi Acronyms..............................................................................................................................................vii Glossary................................................................................................................................................viii Executive Summary...........................................................................................................................x 1. Introduction .......................................................................................................................................1 1.1 Why are Effective Building Regulatory Frameworks Important?.......................1 1.2 The Government of Kenya’s Recent Efforts to Strengthen the Building Regulatory Framework..............................................................................................................2 1.3 Why Act Now? .......................................................................................................................4 1.4 Report Approach ..................................................................................................................5 2. Drivers of Risk in the Built Environment ..........................................................................7 2.1 Natural and Chronic Hazards in Kenya........................................................................7 2.2 Key Drivers of Vulnerability in the Built Environment ..........................................9 3. National Level Legislative Framework and Institutions.......................................... 13 3.1 Legislative Framework .................................................................................................... 13 3.2 Institutional Framework .................................................................................................19 3.3 Recommendations...........................................................................................................28 4. Building Code Development and Maintenance .......................................................... 31 4.1 Status of Kenya’s Building Code ............................................................................... 31 4.2 Review of Kenya’s Draft Building Code ..................................................................32 4.3 Recommendations...........................................................................................................39 ii MA NAG ING RIS KS FO R A SA FER B UILT ENV IRO NMENT IN KENYA 5. Local Government Capacity and Implementation of Building Regulations......40 5.1 Implementation of Building and Land Use Regulations in Nairobi .............40 5.2 Recommendations...........................................................................................................53 6. Summary of Recommendations.........................................................................................56 7. Conclusion and Next Steps ...................................................................................................58 Annexes................................................................................................................................................60 Annex 1: Mapping of Kenya’s Legislation and Regulation Related to Building Development Control at Each Step of the Building Life Cycle..............................60 Annex 2: Summary of Section S of the National Building Regulation, 2011 (Draft Building Code, 2011)....................................................................................................94 Annex 3: Details of Good Practices Included in the National Building Regulation (Draft Building Code, 2009)..........................................................................95 Annex 4: Analysis of the National Building Regulation (Draft Building Code, 2009) and Recommendations............................................................................................99 Annex 5: Process Mapping for Plan Review, Permitting and Inspection in Nai- robi City County ......................................................................................................................104 Annex 6: Organisational Chart of Nairobi City County ..........................................106 Annex 7: Example of Construction Risk Matrices used in the Municipality of La Paz in Bolivia........................................................................................................................107 iii List of Figures Figure 1: Components of a Building Regulatory Framework............................................................5 Figure 2: Institutional Mapping of Kenya’s Building Development Control...............................6 Figure 3: Collapse of a Six-story Residential Building in Huruma, Nairobi...............................10 Figure 4: Kenya’s Growing Urban Population and Housing Needs ............................................. 11 Figure 5: Legal Mapping of Kenya’s Building Development Control .......................................... 15 Figure 6: Institutional Mapping of Kenya’s Building Development Control ............................ 21 Figure 7: ‘Be Sure, Jenga Smart’ Training Programme......................................................................24 Figure 8: Jamaica National Building Code Training Consortium.................................................. 25 Figure 9: Nairobi City County: Changes in Urbanised Areas between 2003 and 2014.......41 Figure 10: Mapping of County Departments Involved in Construction Permitting..............42 Figure 11: Overview of Building Permit Approval Process in Nairobi City County ................43 Figure 12: Developing a One Stop-shop and E-permitting System in Nairobi City County, 2009-2018........................................................................................................................................................... 47 Figure 13: Priority Activities and Opportunities for Technical Assistance.................................59 List of Tables Table 1: Planning and Land Use Regulation Compliance in Nairobi .............................................9 Table 2: Summary of National Institutional Roles and Responsibilities for Building Development Control..................................................................................................................................... 22 Table 3: Comparison of the Cost to Obtain a Building Permit across 13 African Countries ....... 51 Table 4: Summary of Good Practices for Establishing Administrative Building Permits and Inspections Fees..................................................................................................................................... 52 iv MA NAG ING RIS KS FO R A SA FER B UILT ENV IRO NMENT IN KENYA List of Boxes Box 1: Building Practitioners in the Jamaica Building Bill.................................................................16 Box 2: International References for Fire Competency Frameworks...........................................27 Box 3: Building Code and Seismic Hazard Maps in Colombia...................................................... 33 Box 4: World Health Organisation Definition of Disability ............................................................. 35 Box 5: Developing Guidance and Standards for Low Income Housing.....................................37 Box 6: Key Functionalities of 2011 Nairobi Permitting Platform ..................................................44 Box 7: IFC Lessons Learned from the Kenya Investment Climate Program Phase I..........48 v Acknowledgements The assessment was funded by the Global Facili- (Secretary, National Building Inspectorate), Pro- ty for Disaster Risk Reduction (GFDRR), through fessor Robert Rukwaro (Dean, Faculty of Built the Japan-World Bank Program for Mainstream- Environment, University of Nairobi), Mr. Edward ing Disaster Risk Management in Developing Gichina, (Master Builders’ Association), Mr. Kar- Countries. iuki Kigo, (Chief Executive Officer, Safety Sur- veyors Limited), Mr. Patrick Bucha (Secretary, The preparation of this report was led by Thomas Department of Housing, Ministry of Infrastruc- Moullier (Senior Urban Specialist, World Bank), ture, Transport, Housing & Urban Development), in close collaboration with Antoine Hanzen Dr. Nicholas Muraguri, (Principal Secretary, (Consultant, World Bank), Eduardo Castell Ministry of Lands and Physical Planning), Mr. (Consultant, World Bank), Louisa Barker (Con- Augustine Masinde (Director, Physical Planning, sultant, World Bank) and Theresa Abrassart Ministry of Lands and Physical Planning), Ms. (Consultant, World Bank). Caroline Sikasa (Senior Programs Manager, HF Foundation), Mr. Eric Chesire (Director, Kenya The overall coordination of the report was pro- Bureau of Standards), Mr. Peter Kathuo (Assis- vided by Eric Dickson (Senior Urban Specialist, tant Director, Survey Department, Ministry of World Bank) and Ana Campos (Senior Disaster Lands and Physical Planning), Mr. Stephen Kogi Risk Management Specialist, World Bank). Abdu (Chief Engineer, Materials Laboratory, Ministry Muwonge (Senior Urban Specialist, World Bank) of Infrastructure, Transport, Housing & Urban and Judy Maureen Waturi (Consultant, World Development), Mr. John Ojwang (Urban Plan- Bank) provided strategic advice and critical ac- ner, Nairobi City County), Mr. Abdallah Kulah cess to Government agencies. Technical inputs (Technical Administrator, Materials Laboratory, were received from Frederick Krimgold (Senior Ministry of Infrastructure, Transport, Housing & Consultant, World Bank), David Hattis (Senior Urban Development), Mr. Gianni Ndegwa (Archi- Consultant, World Bank), Fernando Ramirez tect, Nairobi City County), Ms. Josephine Nater Cortes (Senior Disaster Risk Management Spe- (Urban Planner, Nairobi City County), Mr. Fred- cialist), Markus Kimani (Private Sector Special- erick Ondari (Nairobi City County), Mr. Georges ist, IFC), John Keddy Mwangi (Consultant, IFC), Nyoro (Building Inspector, Nairobi City County), Abdu Muwonge (Senior Urban Specialist, World Mr. Andrew Muruka (Deputy Director, Ministry Bank), Judy Maureen Waturi (Consultant, World of Labour, Occupational Safety & Health Direc- Bank) and Eliud Cheruiyot Chemweno (Financial torate), Mr. Raymond Karani (General Manager, Inclusion Specialist, World Bank). National Construction Authority), Mr. Jacob Mwangi (Architect, Association of Architects), The World Bank would like to thank the Govern- Mr. Joseph Githoro (Senior Officer, Fire Brigade ment of Kenya and the many institutions and in- of Nairobi), Mr. Otom Millicent Janet (Chief En- dividuals that participated in the Building Regu- terprise Development, National Industrial Train- latory Capacity Assessment for their contribution ing Authority). and support, especially Mr. Moses Nyakiongora vi MA NAG ING RIS KS FO R A SA FER B UILT ENV IRO NMENT IN KENYA Acronyms BAK Building Authority of Kenya KMD Kenya Meteorological Department BCEGS Building Code Effectiveness KNBS Kenya National Bureau of Grading Schedule Statistics BRCA Building Regulatory Capacity KNCCRS Kenya National Climate Change Assessment Response Strategy CBTA Competency Based Training and KNSDI Kenya National Spatial Plan Assessment Infrastructure CEN European Committee for KS Kenyan Shilling Standardization MLPP Ministry of Lands and Physical CENELEC European Committee for Planning Electrotechnical Standardization MLSP Ministry of Labour and Social DRM Disaster Risk Management Protection EIA Environmental Impact Assessment MoH Ministry of Health EU European Union MTIHUD Ministry of Transport, Infrastructure, Housing & Urban GIS Geographic Information System Development GFDRR Global Facility for Disaster NBI National Building Inspectorate Reduction and Recovery NCA National Construction Authority GoK Government of Kenya NCC Nairobi City Council ICC International Code Council NDC Notional Determined ICT Information Communications Contribution Technology NDP Nationally Developed Parameters IFC International Finance Corporation NEMA National Environment IGAD Intergovernmental Authority on Management Authority Development NFPA National Fire Protection KAS Kenya Accreditations Services Association KEBS Kenya Bureau of Standards NITA National Industrial Training KFSA Kenya Fire Safety Agency Authority KICP Kenya Investment Climate NIUPLAN Nairobi Integrated Development Program Master Plan KIRI Kenya Industrial Research Institute OSHA Occupational Health and Safety KISIP Kenya Informal Settlements Authority Improvement Program RMS Risk Management Solutions vii Glossary Building regulatory framework is the overar- Disaster Risk is the potential loss of life, injury ching structure of a building regulatory regime and destroyed or damaged assets which could and includes three core components: a legal and occur to a system, society or a community in a administrative framework, a building code and specific period and can be defined through the implementation at the local level. Building regu- combination of three terms: hazard, exposure latory frameworks rely on an ecosystem of sup- and vulnerability. porting institutions and system elements such as the mortgage finance system, frameworks for Fire regulation is the set of rules, standards and secure tenure, property and tax regimes, profes- recommendations intended to reduce to a min- sional societies and training institutions for the imum the destruction caused by fire. Fire regu- labour force. lations are intended to prevent the ignition of an uncontrolled fire and to limit the development Building regulations are the norms for con- and effects of a fire after it starts. The National struction in any given country or region, which Fire Protection Association (NFPA), for example, help determine typologies, land use and planning has developed more than 300 consensus codes standards for the design and construction of and standards aimed at eliminating death, injury, buildings to ensure their structural safety and the property and economic loss due to fire, electrical health of their occupants. and related hazards. Building codes create legal requirements in Informal building is a building structure which the construction process of any infrastructure does not benefit from regulatory attention or or building development and must be enforced. professional design or construction. An informal Building codes must refer to appropriate building building does not comply with existing planning standards. They are promulgated by local gov- and building regulations and is often situated in ernments or national governments and have an geographically and environmentally hazardous independent legal value. areas, lacking the corresponding local permits for its development. Informal buildings also are con- Building standards define test methods to de- structed in suburbs and rural areas. termine product performance. Standards and specifically ‘building standards’ do not have any Land use regulation are the ordinances of gov- independent legal status, but they provide an es- ernment, including permits and codes, created to sential reference in any building process. There ensure that land resources are aligned with na- are around 4,000 building-related standards in tional and local policy interests. Regulations are the world. not restricted to controlling existing buildings and uses; in large part, they guide future develop- Chronic risk is a risk distributed over time and ment. Mapping and master plans are essential to space, such as individual building fires and indi- land use regulation, which can be conceived to vidual spontaneous collapses. These risks do not determine land use at all territorial scales. stem from one isolated event but arise from con- tinuous conditions, which accumulate over time. viii MA NAG ING RIS KS FO R A SA FER B UILT ENV IRO NMENT IN KENYA Non-engineered construction includes build- ings using traditional building practices without any or little intervention by qualified architects and engineers in their design. Regulatory compliance is an adherence to laws, regulations, guidelines and specifications by individuals, associations, businesses or authori- ties, in this case relevant to building regulations. When properly monitored, violations to regula- tory compliance often result in legal punishment, including fines or temporary suspension of the building process. Structural loads are forces, deformations or accelerations applied to a structure or its com- ponents, such as wind loads and seismic loads. Imposed loads are defined as a load applied to a structure that is not permanent and can be vari- able, for example, due to changes in occupancy. ix Executive Summary The Accumulation of Risk in earthquakes, volcanic eruptions and wildfires.5 Kenya is also highly vulnerable to recurrent and the Built Environment chronic risks. Its major cities witnessed 26 report- ed cases of major building collapse since 1996.6 Kenya is an emerging middle income country with Furthermore, Kenya is ranked as the 27th most a growing share of its population living in urban prone country to fire-related deaths in the world.7 areas. The country is at a relatively early stage of The city of Nairobi recorded 244 fires in 2017 in urbanisation, with around 27 percent of Kenyans its informal settlements, claiming the lives of 32 living in urban areas, yet projections suggest that people. by 2050, about half the population will be living in cities.1 The Nairobi Metropolitan Region in par- In many ways, Kenya is at a crossroads in its ef- ticular will see rapid growth. Nairobi is expected forts of urbanising and developing towards mid- to become a city of more than 6 million people by dle income status. Regulatory decisions made 2030, up from its currently estimated 4 million.2 now will have a significant impact on the long- term safety, productivity and resilience of the ur- This urbanisation has the potential to improve ban built environment. economic opportunities and living conditions for all Kenyans. However, there are also several Furthermore, in 2010, Kenya initiated a process challenges associated with this shift and concen- of devolution - it is among the most rapid and am- tration of population. With urbanisation comes bitious devolution processes in the world8. While a substantial amount of new construction, much devolution holds the prospect of improved urban of which has occurred in cities with limited ca- governance, there are important questions about pacity to ensure the structures in which people the administrative capacity of, and funding for, live, work and gather are safely sited and built counties and urban areas. to withstand both chronic stresses (i.e. fire and spontaneous collapse) and disaster shocks (i.e. earthquakes and floods). Informality, low density development and urban sprawl are common char- acteristics across Kenya’s urban areas.3 Approxi- mately 61 percent of Kenya’s urban population are living in informal settlements.4 5    Think Hazard, GFDRR, 2018. Kenya is exposed to a wide range of hazards, par- 6    Source: National Building Inspectorate (NBI), 2018. These ticularly droughts and floods, but also landslides, types of incidents may not have been systematically re- ported and aggregated by national authorities. This number is generally considered as indicative. 1    World Bank, 2016, Republic of Kenya: Kenya Urbanization 7    The current death rate due to fire is 11.2 persons per Review. 100,000 population. By comparison, this rate is 7 in Bo- 2    Ibid. tswana, 3.9 in Senegal and 1.9 in Mauritius (Source: WHO, 3    Ibid. 2014). 4    World Bank, 2017, Kenya Economic Update. Following the 8    World Bank, 2016, Republic of Kenya: Kenya Urbanization Millennium Development Goal definition of a slum dwelling. Review. x MA NAG ING RIS KS FO R A SA FER B UILT ENV IRO NMENT IN KENYA Why are Effective Building building regulatory systems would support Kenya in meeting its commitment to major multilater- Regulatory Frameworks al framework resolutions, including the Sendai Important? Framework for Disaster Risk Reduction (2015), the Paris Accord, through Kenya’s Nationally De- termined Contribution (NDCs) submitted in 2015 To facilitate the construction of safe and resilient and the New Urban Agenda (2016). buildings, comprehensive and effective building regulatory frameworks are needed. The compo- nents of a building regulatory framework, includ- Report Approach ing building and land use regulations, enabling legislation, and local compliance mechanisms, This report follows the Building Regulation for function together to ensure that a particular Resilience (BRR) Program’s Building Regulatory building, on a particular site, achieves minimum Capacity Assessment (BRCA) methodology.11 levels of performance and resilience. The assessment covers three main components: Building regulatory frameworks can be a cost-ef- fective mechanism for optimising risk reduction 1. National legal and institutional framework and can also support other societal objectives such as: accessibility and usability for people with This focuses on identifying whether the necessary disabilities; climate change mitigation, through legal (acts, decrees, laws) and institutional struc- energy-efficient buildings; climate change adap- tures are in place to enable the enforcement of tation, through promoting buildings resilient to land use and building regulations. To be effective, hydrometeorological hazards; and, preserving the legal, administrative and institutional struc- national heritage sites. tures in place should include provisions for all steps of the life cycle of a building from the proj- An efficient and transparent building regulation ect’s siting, design, construction, maintenance, process can also incentivise economic invest- retrofits and decommissioning. ment in the construction sector by providing the market with a clear set of design and construction 2. Building code development and requirements, quality standards and competen- maintenance cy expectations. Infrastructure development is a central pillar of Kenya’s Visions 2030 and the This examines the adequacy of the building reg- Big Four Agenda. Under the Big Four Agenda, the ulations (building code) and how they are main- Government aims to construct at least 500,000 tained over time. The assessment focuses on the “adequate, decent and affordable houses” by extent to which these regulations reflect an up- 2022.9 In 2015, building and infrastructure devel- to-date scientific understanding of how buildings opment was a US$3bn sector in Kenya, contribut- perform against chronic risks, disaster events and ing to 4.8 percent of the economy.10 climate change and have been adequately adapt- ed to reflect local conditions and construction In addition, a sustained investment in effective practices. Land use regulations are also examined to determine whether they include provisions for 9    President, Republic of Kenya (2018), Kenya and the UN the safe and resilient siting of buildings. Sign Deal to Deliver 100,000 Affordable Housing Units. 10    Cision, 2017, PR Newwire. 11    World Bank, GFDRR, 2017, BRCA Level 2. xi 3. Local implementation Urban Development (MTIHUD) and the Min- istry of Lands & Physical Planning (MLPP). The This examines the implementation and management draft code, reviewed as part of this assessment, of building and land use regulations at the county represents a considerable improvement to the level. In this assessment, Nairobi is used as a case previous building code of 1968. study. The assessment focuses on the capacity of the planning, building and fire departments to adminis- • Developing a new draft Built Environment ter the building code and land use regulations. Bill and Physical Planning Bill. These were initiated in 2009 and last updated For the local level implementation component, the in 2017.12 Both offer a robust foundation for assessment focused on the Nairobi City County. more effective building code and land use While it is important to note that many of the 47 administration. Significantly, the enactment counties across Kenya have different levels of capac- of the Built Environment Bill should give legal ity, organisational frameworks and building regula- effect to the draft building code. tory processes in place, several of the achievements and challenges identified in Nairobi have also been • Establishing the National Construction reported in other counties across the country. Authority (NCA). The NCA, established in 2011, provides the Beyond these three components, building regu- first national registration mechanism for latory frameworks also rely on an ecosystem of building contractors in Kenya. Its objective is supporting elements such as insurance markets, to ensure that only qualified contractors are mortgage finance systems, frameworks for secure allowed to carry out construction work. It has land tenure, and property and tax regimes. These registered nearly 34,000 contractors since elements are beyond the scope of this report. 2013.13 • Piloting an e-permit system in Nairobi. The Government of Kenya’s In 2009, the system was developed for the Efforts to Strengthen the Nairobi City Council (now the Nairobi City County),14 with support from the Internation- Building Regulatory Framework al Finance Corporation (IFC). The system resulted in several efficiency gains and has The Government of Kenya has taken several steps increased the user-friendliness and transpar- to strengthen its building regulatory framework. ency of the construction permitting process.15 The Government’s initiatives span each of the The system has since been rolled-out to three core components illustrated above. These three16 additional counties and there are plans initiatives have been primarily driven by the need to launch the platform in an additional eight to address an accelerating trend of fires and spon- counties by 2021.17 taneous structural collapse in urban areas. Highlights include: 12    BRCA Interview, NBI, July 2018. 13    BRCA Interview, NCA, February 2018. 14    The Constitution of Kenya, 27th August 2010. • Initiating a new draft building code. 15    World Bank Group, 2018, Kenya Doing Business Report This effort started in 2009 and was the outcome 16    From 2012 until 2017, the Kenya Investment Climate of a broad participatory process led by the Min- Program (KICP), supported by IFC, successfully piloted key construction permit reforms in Kisumu, Mombasa and istry of Transport, Infrastructure, Housing & Kiambu. 17    BRCA Interview, IFC, KISP team, March 2018. xii MA NAG ING RIS KS FO R A SA FER B UILT ENV IRO NMENT IN KENYA Key Challenges maps, including seismic provisions for retrofitting and non-structural elements, and providing guid- ance for non-engineered low income housing. A selection of the key challenges identified through the BRCA are outlined below. These chal- County building departments require lenges are explored in greater depth throughout additional qualified staff and technical the report and are linked to the subsequent rec- resources to effectively administer building ommendations. codes and land use regulations. National building legislation is needed. For example, Nairobi City County Planning Sub-sector requires approximately five times the Kenya does not currently have overarching na- number of staff in order to conduct plan reviews tional legislation that defines the Government’s and inspections.19 responsibility to regulate buildings and principles for local enforcement. The Government of Kenya has developed the Built Environment Bill; how- Recommendations ever, the legislation has yet to be finalised and enacted. The recommendations made in this report are There is currently not a legally enforceable briefly summarised below. These recommenda- building code. tions are intended to support the Government of Kenya in launching comprehensive building regu- The Government of Kenya does not currently latory reform. have a legally enforceable building code. Up until 2012, the Local Government Act (1968) legally Legislative and Institutional Framework mandated the enforcement of the 1968 code. However, in 2012 as part of the devolution pro- Legislative Reforms cess, the Local Government Act was repealed. To date, there has been no replacement; however, • Strengthen and pass the Built Environment Bill the 1968 code remains the informal reference for referencing the new building code. building regulators and the construction indus- try.18 • Strengthen and pass the Physical Planning Bill. The draft building code needs to be • Conduct a detailed legal review to stream- strengthened and finalised. line national legislation related to building control. The legislative review conducted in Whilst the latest publicly available version of the this report can be used as a basis. draft building code, Building Regulations (2009), represents a significant improvement to the 1968 • Implement measures consistent with the pro- code, there are a number of areas in which it visions of the Fire Safety Management Policy. can be strengthened, such as referencing hazard 19    BRCA Interview, Director of the Nairobi Planning 18    BRCA Interview, Housing Department, MTIHUD, Nairobi Sub-Sector, March 2018 – estimate based, in part, on a City County, and the Architectural Association of Kenya, study the then Nairobi City Council undertook in 2006 (re- March 2018. port not available for review). xiii Institutional Reforms and usability for persons with disabilities.20 • Support a national-level training curriculum • Support the adoption of the Eurocodes by targeting regulatory personnel in county integrating them into the Kenyan building building departments. standardisation system and by finalising the Nationally Developed Parameters (NDPs). • Scale up the training provided by the National Construction Authority (NCA) and Compe- Building Code Maintenance tency Based Training Assessment (CBTA) for building contractors and construction • Establish a systemic and permanent inclu- workers. sive technical process for the building code’s future maintenance, publication and distri- • Assign responsibility to Government minis- bution. The process should be outlined in the tries for the development, collation and appli- Building Act and Building Regulations. cation of hazard-maps with a focus on floods, landslides and seismic risks. Local Level Implementation Building Code Development and County Human and Financial Capacity Maintenance • Initiate human resource capacity needs as- Strengthening the Building Regulations and sessments to inform staffing plans in county Standards building authorities. • Finalise the 2011 draft building code by organ- • Require minimum academic and professional ising a new round of technical consultations qualifications for local government building involving private practitioners and relevant code officials and introduce new incentives to public stakeholders. retain the services of qualified engineers and architects. • Address current technical gaps in the draft building code, such as: • Consider leveraging resources from private sector to strengthen the capacity for plan re- `` Referencing hazard zones with determina- views and inspections. A legal and regulatory tion of buildings’ structural requirements. review should be initiated. `` Providing guidance for non-engineered, low • Adjust permitting fees in Kenya to allow cost income housing. recovery for the delivery of building regulato- ry services. `` Reincorporating provisions on accessibility 20    Provisions for accessibility and usability for persons with disabilities were included in the 2009 draft of the Building Regulations. However, the 2011 version “Volume 2: Phys- ical Planning & Siting and Site Preparation” removed the provisions while maintaining the rest of the draft almost untouched. xiv MA NAG ING RIS KS FO R A SA FER B UILT ENV IRO NMENT IN KENYA Construction Permitting Communications Strategies • Add additional functions to the Nairobi • Communicate changes associated with inno- e-platform to support more efficient building vations in regulatory activities. Reforms asso- code administration such as digital signatures ciated with regulatory processes should place and mechanisms to coordinate and document strategic communications at the heart of the inspections. process. • Promote the incremental roll-out of the e-permitting system in county governments. Next Steps Building Inspections This report provides an assessment of the build- • Reorganise building inspections to minimise ing regulatory framework in Kenya. The report overlaps across national and local level agencies. was developed by the World Bank with the stra- tegic objective of supporting the Government to • Develop a risk classification system for build- improve building safety and resilience across the ings to enable a more efficient prioritisation country. The analysis and recommendations out- and allocation of resources for building site lined in the report provide inputs with which the inspections. Government of Kenya can launch a comprehen- sive process of building regulatory reform. The County Development Planning recommendations build on the Government’s previous achievements and reforms in this area. • Integrate hazard maps into county spatial plans, particularly for seismic, flood and land- slide risks. • Make risk-informed land use maps available online to all citizens. xv xvi 1. Introduction 1.1 Why are Effective Building imately 61 percent of Kenya’s urban population are living in informal settlements.4 This poses a Regulatory Frameworks significant challenge for city managers seeking to Important? ensure both current and future building stocks are safely constructed. Kenya is an emerging middle income country with With urbanisation comes a substantial amount of a growing share of its population living in urban new construction, much of which has occurred areas. The country is at a relatively early stage of in cities with limited capacity to ensure the struc- urbanisation. By 2050, however, projections sug- tures in which people live, work and gather are gest about half the population will live in cities.1 safely sited and built to withstand both chronic The Nairobi Metropolitan Region in particular stresses (i.e. fire and spontaneous collapse) and will see rapid growth. Nairobi is expected to disaster shocks (i.e. earthquakes and floods). This become a city of more than 6 million people by lack of effective building and land use regulation 2030, up from its currently estimated 4 million.2 in Kenya has led to an expansion of disaster and chronic risks in the built environment. This urbanisation has the potential to improve economic opportunities and living conditions To facilitate the construction of safe and resilient for all Kenyans. However, there are also several buildings, comprehensive and effective building challenges associated with this shift and concen- regulatory frameworks are needed. Components tration of population. Informality, low density of a building regulatory framework, including development and urban sprawl are common char- building regulations, enabling legislation and lo- acteristics across Kenya’s urban areas.3 Approx- cal compliance mechanisms, function together to ensure that a particular building, on a particular site, achieves minimum levels of performance 1    World Bank, 2016, Republic of Kenya: Kenya Urbanization Review. 2    Ibid. 4    World Bank, 2017, Kenya Economic Update. Following the 3    Ibid. Millennium Development Goal definition of a slum dwelling. 1 and safety. Building regulatory frameworks can of urban areas, land use practices should be in- be a cost-effective mechanism for optimising risk formed by flood and landslide risk assessments reduction. and building structures should be designed to withstand strong winds and high temperatures.8 This agenda is aligned with the Government’s objective to move from an ex post approach of An efficient and transparent building regulation disaster response to an ex ante approach that process can also incentivise economic invest- proactively manages and reduces disaster and ment in the construction sector by providing the climate risks.5 In the recent past, risk reduction market with a clear set of design and construction measures received a limited allocation of nation- requirements, quality standards and competency al budget whilst resources were channelled to expectations. The construction sector provides a emergency response and reconstruction.6 The strategic entry point for promoting building safety recently approved National Policy for Disaster and general city resilience in Kenya. Infrastruc- Risk Management in Kenya (2018) and the Con- ture development is a central pillar of Kenya’s stitution of Kenya (2010), have sought to change Visions 2030. In 2015, building and infrastructure this approach. The National Policy for Disaster development was a US$3 billion sector in Kenya Risk Management encompasses the full contin- contributing to 4.8 percent of the economy.9 The uum of preparedness, relief and rehabilitation to Kenyan National Bureau of Statistics (KNBS) mitigation and prevention. To complement this, reported that approximately 148,000 people are the Constitution of Kenya identifies Disaster Risk formally employed in the construction industry. Management (DRM) as a function shared by na- tional and county governments. 1.2 The Government of Investing in regulatory capacity can also support Kenya’s Recent Efforts to other societal objectives, such as: accessibility for people with disabilities; climate change miti- Strengthen the Building gation, through resource-efficient buildings; and, Regulatory Framework climate change adaptation. With changing climate patterns, many countries, including Kenya, will face the growing risks linked to more intense and The Government of Kenya has taken several steps lengthy droughts and extreme rainfall and flood- to strengthen its building regulatory and land use ing7. Increasing the resilience of cities to climate systems. Initiatives to strengthen Kenya’s build- change requires a dynamic adjustment in building ing regulatory framework have been primarily siting, design, construction and maintenance driven by the urgent need to address an acceler- – this is a function that well-designed building ating trend of fires and spontaneous structural regulatory regimes are intended to provide. As the collapses in urban areas. Following the collapse Kenya National Climate Change Response Strate- of the Sunbeam Supermarket in 1996,10 a Commis- gy (2010) recommends, to increase the resilience sion of Inquiry was established to examine ex- 5    Government of Kenya, 2007, Vision 2030: A Globally Competitive and Prosperous Kenya. 8    Government of Kenya, 2010, National Climate Change 6    Development Initiatives, 2017, Assessment of Kenya’s Response Strategy. Preparedness to Disasters Caused by Natural Hazards. 9    Cision, 2017, PR Newwire. 7    Overseas Development Institute (ODI), UK Met Office and 10    The Sunbeam building was a supermarket that col- Risk Management Solutions (RMS), 2013, The Geography of lapsed after a heavy downpour in May 1996. The incident Poverty, Disasters and Climate Extremes in 2030. claimed 16 lives. 2 MA NAG ING RIS KS FO R A SA FER B UILT ENV IRO NMENT IN KENYA isting building laws and regulations.11 Its recom- 2011,” and address the need to replace the mendations informed the 2009 follow-up review 1968 building code. of the 1968 building code, with support from the Prime Minister and representatives of the Kenya • Initiating national policies and new national Private Sector Alliance.12 The Ministry of Infra- legislation in critical related areas, such as the structure, Transport, Housing & Urban Develop- Environmental Management & Coordination ment (MTIHUD) was tasked with coordinating Act (2000), the Occupational Safety & Health the review and developing a new building code Act (2007), the Fire Safety Management Policy consistent with modern practices and prevalent (2011), the National Slum Upgrading and Pre- risks in the built environment. vention Policy (2012), the National Building Maintenance Policy (2015) and the National Since 1996, the Government of Kenya has introduced Land Use Policy (2017). A Construction Industry important measures that can serve as a foundation to Policy is also being drafted. carry out more in-depth reforms of its building regu- latory regime. These include: • Establishing the National Construction Au- thority (NCA) in 2011. The NCA provides the • Initiating a new draft building code. This first national registration mechanism for build- effort started in 2009 and was the outcome ing contractors in Kenya. Its objective is to en- of a broad participatory process led by the sure that only qualified contractors are allowed Directorate of Housing of MTIHUD and to carry out construction work. It has registered the Ministry of Lands & Physical Planning just under 34,000 contractors since 2013, incor- (MLPP). The first iteration produced the porating 59 different construction trades in its “Planning & Building Regulation, 2009”. A new electronic database.14 NCA issued 53,000 second iteration was developed in 2011.13 This certificates in the last four years through 14 re- latest draft building code is now referred to as gional offices.15 the “National Building Regulations, 2011” and represents a considerable improvement to the • Setting up the National Building Inspectorate previous building code of 1968. (NBI) in 2015 as a new organisation under MTI- HUD. The NBI provides a coordination and in- • Developing a new draft Built Environment spection mechanism to address the growing risk Bill and Physical Planning Bill. These were of building collapses in urban areas. As of March initiated in 2009 and last updated in 2017. 2018, and since its inception, NBI has inspected The enactment of the Built Environment Bill 5,000 buildings and facilitated the demolition of should give legal effect to the draft building 34 buildings on the brink of collapse.16 As of Feb- code, the “National Building Regulations, ruary 2018, roughly 600 building structures have been marked as unsafe for occupancy.17 11    Government of Kenya, 1997, Report of the Commission • Developing a pilot online construction permit of Enquiry to Examine the Existing Building Laws, By Laws and Regulations. system. In 2009, a construction e-permitting 12    Government of Kenya, 2009, Building Code of the Re- system was developed for the Nairobi City Coun- public of Kenya. 13    The latter removed Volume 2 on “Physical Planning & Siting, and Site Preparation” and maintained the rest of the 14    BRCA Interview, NCA, February 2018. draft almost untouched. BRCA Interview, MTIHUD and Nai- 15    Ibid. robi University, February 2018 & World Bank, 2016, Republic 16    BRCA Interview, NBI Director, March 2018. of Kenya: Kenya Urbanization Review. 17    Ibid. 3 cil (now the Nairobi City County)18 as part of a processes going on in the world.21 This process National Business Licensing Reform, supported provides an opportune moment for the Govern- by the Kenya ICT Board, the Kenya e-Govern- ment of Kenya to initiate building regulatory re- ment Directorate and the Ministry of Finance. form for two main reasons: The City Council received technical and finan- cial support from the International Finance 1. Several laws are currently under review as part Corporation (IFC) to design and launch the of the devolution. This process of legal review system. The system, updated in 2011, resulted in and revision provides an opportunity for the efficiency gains.19 A sustained effort to increase Government to assess whether there are com- the efficiency of building code administration is prehensive legal frameworks in place to sup- critical to reduce red tape, reduce compliance port building and land use regulation. costs, improve the business environment and further incentivise compliance with building 2. County Governments have set up new institu- code requirements. tions to manage devolved functions, includ- ing administering building and land use reg- From 2012 until 2017, the Kenya Investment Cli- ulation. Assessing the effectiveness of these mate Program (KICP) successfully piloted key institutions early on provides an opportunity construction permit reforms in Kisumu, Mom- for capacity building and process re-mapping basa and Kiambu. In its subsequent phase (2017- before systems become too ingrained. 2021), the automated solution will be rolled out in an additional eight additional counties, While devolution holds the prospect of improved a process that will first involve permit process land and urban governance on development and reviews, streamlining and re-engineering of ad- building control, there are important questions ministrative procedures and automation. about the availability of appropriate funding for counties and urban areas. The Government of Kenya can build on this momen- tum and turn its focus to implementing comprehen- Furthermore, building regulatory reform aligns sive building regulatory reform. This reform effort with several of the Government of Kenya’s cur- should target the limitations of the current building rent development agendas. For example, Kenya’s regulatory framework which will be outlined later in development plan, Kenya Vision 2030, places a this report. significant focus on implementing climate change sensitive land use planning and creating a busi- ness enabling environment through the stream- 1.3 Why Act Now? lining of regulation. In line with Kenya Vision 2030, the Big Four Agenda, announced by Pres- In 2010, a new Constitution20 was promulgated in ident Kenyatta in 2017, includes targets for the Kenya. The Constitution (2010) initiated a pro- creation of affordable housing and strengthening cess of devolution; the old centralised system was the manufacturing industry. The Government has replaced with a new system consisting of a nation- set a target of building at least half a million new al government and 47 county governments. It is homes in the next five years. The Government among the most rapid and ambitious devolution plans for this to be financed by the private sector with the Government providing land, power and 18    The Constitution of Kenya, 27th August 2010. 19    World Bank Group, 2018, Kenya Doing Business Report. 21    World Bank, 2016, Republic of Kenya: Kenya Urbaniza- 20    The Constitution of Kenya, 27th August 2010. tion Review. 4 MA NAG ING RIS KS FO R A SA FER B UILT ENV IRO NMENT IN KENYA Figure 1: Components of a Building Regulatory water to facilitate the construction of houses.22 Framework Another complementary target of the Big Four Agenda is to raise the share of the manufacturing sector from 9.5 to 15 percent of the GDP in key industries, including the manufacturing construc- tion materials.23 National level legislation and In addition, a sustained investment in effective institutions building regulatory systems would support Kenya in meeting its commitment to major multilateral frameworks, including: the Sendai Framework for Disaster Risk Reduction (2015); the Paris Accord, Building code Implementation development and through Kenya’s Nationally Determined Contri- maintenance mechanisms bution (NDCs) submitted in 2015; and, the New Urban Agenda (2016). 1.4 Report Approach With a view to strengthen the resilience of the built environment, this report provides an assess- Source: World Bank, Building Regulation for Resilience ment of building regulatory capacity in Kenya, Program, 2017. identifying critical gaps and developing a baseline to inform future reform activities. The analysis and recommendations outlined in the report pro- tures in place should include provisions for all vide inputs with which the Government of Kenya steps of the life cycle of a building from the proj- can launch a comprehensive process of building ect’s siting, design, construction, maintenance, regulatory reform. retrofits and decommissioning (see figure 2). The assessment methodology is structured 2. Building code development and around the three major components of a building maintenance regulatory framework (see figure 1): This examines the adequacy of the building 1. National legal and institutional regulations (building code) and how they are framework maintained over time. The assessment focuses on the extent to which these regulations reflect This focuses on identifying whether the necessary an up-to-date scientific understanding of how legal (acts, decrees, laws) and institutional struc- buildings perform against chronic risks, disaster tures are in place to enable the enforcement of events and climate change and have been ade- land use and building regulations. To be effective, quately adapted to reflect local conditions and the legal, administrative and institutional struc- construction practices. Land use regulations are also examined to determine whether they in- 22    Mr Macharia, 2018, Kenya-China Seminar on the Big 4 clude provisions for the safe and resilient siting Development Agenda. 23    Ibid. 5 Figure 2: Institutional Mapping of Kenya’s Building Development Control Source: World Bank, Building Regulation for Resilience Program, 2018. of buildings. gy. 24 The report analysis is based on: 3. Local implementation 1. A desk review of relevant legislation, poli- cies, building regulations and land use regu- This examines the implementation and manage- lations. ment of building and land use regulations at the county level. In this assessment, Nairobi is used 2. Interviews with key stakeholders and a na- as a case study. The assessment focuses on the tional workshop facilitated by the World capacity of the planning, building and fire de- Bank in Nairobi from January 29 nd until Feb- partments to administer the building code and ruary 9 th, 2018. land use regulations. It is important to note that a wide range of so- For the local level implementation component, cial, economic and political factors can lead to the assessment focused on the Nairobi City settlements in unsafe areas and unsafe building County. While many of the 47 counties across practices, including the functioning of land and Kenya have different levels of capacity, organ- housing markets, the absence of inclusive con- isational frameworks and building regulatory struction finance and mortgage finance, and ur- processes in place, the achievements and chal- banisation policies – these are beyond the scope lenges identified in Nairobi have also been re- of this assessment. ported in other counties across the country. The assessment is consistent with the Building 24    World Bank, GFDRR, 2017, https://www.gfdrr.org/sites/ Regulation for Resilience Program’s methodolo- default/files/publication/building-regulatory-capacity-as- sessment-level-2-2017.pdf. 6 2. Drivers of Risk in the Built Environment 2.1 Natural and Chronic The damage and losses caused by recurring floods have driven structural, legislative and program- Hazards in Kenya matic efforts to address flood risk, including World Bank financed projects such as the West- Hydrometeorological Hazards ern Kenya Community Driven Development and Flood Mitigation Project (2007). Despite an in- Kenya is highly exposed to extreme weather crease in the Government’s capacity to manage events including flooding and drought. Over the flood risk, the damage and losses remain high: last three decades, flooding has represented the between March and May 2018, flooding and asso- most frequent, financially damaging and deadly ciated landslides displaced more than 300,000 natural disaster in the country.25 Kenya is exposed people and accounted for at least 170 deaths. 29 to river flooding, coastal flooding and urban Over 40 of these deaths were caused by the burst- flooding.26 ing of the Patel Dam in Nakuru County.30 The economic impacts of floods are felt across Kenya also experiences frequent episodes of many economic sectors, including agriculture, drought. A prolonged drought between 2008 and infrastructure, transport, housing, public health, 2011 affected 3.7 million people, caused US$12.1 bil- livestock and tourism.27 The El Niño-induced lion in damage and losses and totalled over US$1.7 floods of 1997–1998 cost nearly US$151.4 million billion in recovery and reconstruction needs.31 in property damages, not including the number of people who lost family members, savings and eco- nomic opportunities.28 29    Floodlist, 2018, http://floodlist.com/africa/eu-releases- e1-5-million-to-help-flood-victims-in-kenya-in-the-wake- 25    Prevention Web, 2014, Kenya Data. of-a-deadly-dam-burst. 26    Think Hazard, GFDRR, 2018. 30    BBC, 2018, Kenya’s Patel Dam Bursts, Sweeping Away 27    Otiende, 2009, The Economic Impacts of Climate Homes in Solai. Change in Kenya: Riparian Flood Impacts and Cost of Ad- 31    Republic of Kenya, 2011, Kenya Post-Disaster Needs aptation. Assessment (PDNA) 2008-2011 Drought. 28    Opere, 2012, Floods in Kenya. 7 Over the past two decades, the intensity of weath- tion in Kenya.37 The country has over 20 volcanoes er-related disasters has increased due to the and several more in close proximity to the coun- combined effect of climate change and changing try’s border.38 Only six of these volcanoes have vulnerability patterns, for example, increasing ur- recorded historical eruptions, the most recent be- banization, increasing population size and chang- ing the Barrier eruption of 1921.39 Many of Kenya’s es in land use.32 From the early 1960’s, Kenya has volcanoes are located in the Rift Valley; the large experienced a general climatic warming com- number of volcanoes means that a large portion of bined with more intense rainfall occurring more the country lies within 100km of a volcano, includ- frequently over the coastal strip and the northern ing five of the largest cities in Kenya.40 parts of the country in the September-Novem- ber and December-February seasons.33 Climate Chronic Hazard Risks change in Kenya will largely affect communities residing in poor urban neighbourhoods and those Kenya’s built environment is also exposed to chron- regions most exposed to droughts and floods. ic health and safety risks such as fire, building col- lapse, epidemics and unhealthy living conditions. Geologic Hazards Consistent with regional patterns in Africa, a large Earthquake risk in Kenya is comparatively low share of urban diseases, epidemics, shack fires when compared to other more frequent hazards. and spontaneous structural collapse of buildings However, Kenya is traversed by the East African that occur in Kenya’s urban centres do not get Rift (EAR) System, a 3,000 kilometers (km) seis- recorded as a disaster in local or national data mically active continental rift zone spanning from tracking systems. Therefore, it is not possible to Ethiopia to Malawi. Kenya has not experienced a provide an accurate figure of human, property and major earthquake since the 6.9 magnitude Sub- economic losses linked to fire hazards and spon- ukia Valley Earthquake in 1928. Since this earth- taneous collapse. However, in Africa, quantitative quake, the EAR has experienced relatively low evidence suggests that the cumulative impacts of intensity tremors.34 Most notably, in 2007, over recurrent hazards resulting in isolated losses are 20 tremors (magnitude 3.4-6.1) were recorded greater than those of large disasters resulting from around Nairobi and Nakuru prior to Ol Donyo extreme events.41 Lengai volcanic eruption in Tanzania.35 Kenya is also close to the off-shore Davie Fracture extend- Kenya’s major cities witnessed 26 reported cases of ing from the Mid-Mediterranean Oceanic Ridge. major building collapses between 1996 and 2017.42 This fault line also creates a moderate tsunami Investigations carried out by the authorities led to risk to the coastal areas, including the city of conclusions on the technical causes of structural Mombasa.36 collapses but those have not yet extended to in- In addition, there is a high risk of volcanic erup- 37    Ibid. 38    Global Volcano Model and the International Association of Volcanology and Chemistry of the Earth’s Interior, 2015, 32    DFID and Stockholm Environment Institute, 2009, The Global Distribution of Volcanism; Regional and Country Economics of Climate Change in Kenya. Profiles. 33    Government of Kenya, 2010, Kenya National Climate 39    Ibid. Change Response Strategy. 40    Ibid. 34    US Geological Survey, 2014, Seismicity of the Earth 41    Bull-Kamanga, Diagne, Lavell et al. (UNDP funded study), 1900-2013. 2003, From Everyday Hazards to Disasters: The Accumula- 35    IFRC, 2007, Panic as Tremor Jolts Kenya. tion of Risk in Urban Areas. 36    Think Hazard, GFDRR, 2018. 42    National Building Inspectorate (NBI), March 2018. 8 MA NAG ING RIS KS FO R A SA FER B UILT ENV IRO NMENT IN KENYA clude consolidated number of casualties and other Table 1: Planning and Land Use Regulation Com- social consequences such as resulting disabilities, pliance in Nairobi loss of income and livelihood for those who sur- vived within impacted communities.43 Estimated Percentage of Sampled Areas Compliance Kenya’s current death rate due to fire is 11.2 peo- Huruma 4% ple per 100,000, which ranks it 27th highest in the Umoja 28% world. By comparison, this rate is 7 in Botswana and 3.9 in Senegal.44 As Kenya continues to ur- Thika Road 15% banize, the growth of informal low rise and low Dagoretti 32% density settlements and high-rise construction is expected to pose significant challenges to the lim- Kisii 14.6% ited fire-fighting capacity in a major urban center such as Nairobi.45 Source: National Building Inspectorate, March 2018. 2.2 Key Drivers of Vulnerability in the Built Approximately 61 percent of urban households live in informal settlements.47 These buildings are Environment not controlled through building and land regula- tion systems. Such conditions considerably re- Physical, economic, social and political factors duce the risk-sensitive siting and construction of determine the extent of people’s capacity to resist, buildings and make building informality a signifi- cope and recover from hazards. In line with the cant threat to public safety and urban resilience. objective of this report, this section will provide a brief overview of the key factors and drivers of vul- Building on Hazardous Sites nerability linked to the built environment. Estimates indicate that approximately 30 per- Key Vulnerability Factors cent of urban centres are planned; however, these plans are rarely enforced.48 Data the NBI Kenya’s urban population is growing at a rate of collected from a sample of neighbourhoods in 4.4 percent per year - this urban growth is equiv- Nairobi indicates that between 4 and 32 percent alent to 0.5 million new city dwellers every year. of the buildings comply with land use plans and This urbanisation has generally taken place with- regulations (see Table 1).49 This has resulted in out adequate planning and regulation46 and has, several buildings being constructed in risk-prone therefore, significantly increased Kenya’s vulner- areas, such as land with high exposure to flood- ability to natural and chronic hazards. ing and landslides. For example, a significant proportion of informal housing in Nairobi lies on 43    Ibid. 44    WHO, 2014. 47    World Bank, 2017, Kenya Economic Update. 45    Source: Kenya Fire Brigade, March 2017. Research by 48    The International Society of City and Regional Planners, Menya (2016) also notes that in Nairobi the fire brigade is 2010, Reforming and Restructuring the Planning and Build- inadequately staffed with a workforce of 152 staff for a pop- ing Laws and Regulation in Kenya for Sustainable Devel- ulation of 3.2 million people. opment. 46    World Bank, 2016, Republic of Kenya: Kenya Urbaniza- 49    Data presented by the NBI in 2018 at a World Bank, tion Review. Tokyo Hub, Technical Deep Dive. 9 floodplains. Kiberia, Nairobi’s largest informal Figure 3: Collapse of a Six-story Residential settlement, is located on the floodplains of the Building in Huruma, Nairobi River Ngong. More than 50 percent of its residents were af- fected by floods during the 2016 rainy season (March-May).50 In Nairobi, 59 percent of resi- dents in informal settlements reported that the area around their dwelling floods during heavy rain, compared to 28 percent in formal areas.51 Construction Quality Critical factors in building performance include the quality of design, construction practices and materials. Building codes translate safe practices of design, construction and standards for build- ing materials into a set of rules and laws which govern and specify the minimum agreed levels of safety and resilience for buildings. In Kenya, the rate of building code enforcement is low. The Ar- chitectural Society of Kenya estimates that over 70 percent of all buildings constructed in Nairobi are done so without approval from the County Government.52 Source: Reuters/Gregory Olando, Nairobi, 2016. In Nairobi, an estimated 70 percent of the hous- ing stock is small shacks (10 by 10 feet) built with lation of construction, a number of complex, wood, tin, galvanised iron sheets and latticed multi-story buildings are also constructed wooden strips covered with mud.53 These build- without qualified building professionals, site ings are usually constructed using an array of inspection, plan review and material testing.54 locally available materials and typically do not Load factors and material properties are crucial involve a qualified architect or engineer in their in designing a structure; the wrong parameters design. These buildings are vulnerable to sponta- can significantly increase the vulnerability of the neous collapse, fire and natural hazards. building. Without the widespread and consistent regu- In 2017, NBI audited close to 5,000 buildings in high risk towns across Kenya and found approx- 50    Bernard Juma, 2017, Flood Inundation, Risk and Impact imately 600 of these buildings to be structurally in Kibera Slums of Nairobi-Kenya. unsound.55 Due to low construction quality, sev- 51    World Bank, 2017, Kenya - State of Cities Baselines Sur- eral buildings in Nairobi have collapsed sponta- vey 2012-2013. neously and during heavy periods of rainfall. In 52    The Architectural Association of Kenya, 2018, What is Ailing our Buildings? 53    World Bank, 2016, Republic of Kenya: Kenya 54    National Building Inspectorate (NB), March 2018. Urbanization Review. 55    BRCA Interview, Director, NBI, March 2018. 10 MA NAG ING RIS KS FO R A SA FER B UILT ENV IRO NMENT IN KENYA Figure 4: Kenya’s Growing Urban Population and Housing Needs Source: World Bank, 2016, Republic of Kenya: Kenya Urbanization Review. 2016, 52 people died and over 100 people were 50,000 units.59 The demand for housing is set displaced after an apartment building in Huruma to increase significantly over the next 3 decades collapsed in heavy rain (see Figure 3).56 The Cab- (Figure 6). Further, most of these new units serve inet Secretary stated that the building was built the needs of high income groups. As the supply too close to a river and was built illegally, without of housing increasingly falls behind the demand, building permits or permission from the local house prices have increased and become more authorities.57 unaffordable. The Knight Frank Prime Global Cities Index ranked Nairobi as the highest priced Underlying Drivers city in Africa, followed by Cape Town.60 This lack of affordable land and housing, combined with Lack of Affordable Land and Housing the rate of poverty, has resulted in the prolifer- ation of informal settlements and precarious In Kenya, there is an estimated cumulative housing solutions. Thirty-six percent of the pop- housing deficit of over 2 million housing units.58 ulation fall under the official national poverty 244,000 housing units in different market seg- line,61 making homeownership out of reach for a ments are needed annually to keep up with high proportion of urban dwellers. demand, while current production is less than 56    The Architectural Association of Kenya, 2018, What is 59    Ibid. Ailing our Buildings? 60    Knight Frank prime Global Cities Index. 57    Ibid. 61    World Bank Group, 2017 Kenya Economic Update: Hous- 58    World Bank, 2017, Kenya Economic Update. ing Unavailable and Unaffordable. 11 In addition, the high cost of land in urban areas all buildings constructed in Nairobi are done so also acts as a barrier to safe construction. The without approval from the County Government.65 cost of land typically accounts for 60 percent of Further, there is significant discretion and opaci- the cost of construction across the country and ty in the building code administration system; for 80 percent in Nairobi.62 This high cost premium example, 34.6 percent of Kenyan firms reported absorbs the bulk of financial resources available that they expect to have to give gifts to receive a for housing. This factor limits the capacity for construction permit.66 land owners to invest in safer building materials and skilled laborers, even where these would be available at a reasonable cost. Lack of Awareness and Education In order for buildings to be sited and construct- ed safely, multiple target groups need to have an awareness of the health and safety benefits of regulatory compliance. This includes building professionals, informal/artisan builders (builders catering for the needs of low income housing), the public sector and the general public. Build- ing professionals and artisan builders need to be educated and certified in safe and resilient construction, tied to knowledge of building and land use regulation and permitting processes. The NCA identifies the construction skills gap in Kenya as one of the main causes of unsafe and low quality construction. They report that only 460,000 registered skilled workers in the con- struction industry.63 The African Development Bank (ADB) reported that 75 percent of artisan builders are not formally or adequately trained.64 Governance One underlying driver of unsafe construction is the lack of systematic and transparent mech- anisms of building code and land use adminis- tration at the central and county level. As noted above, estimates indicate that over 70 percent of 62    World Bank, 2016, Republic of Kenya: Kenya Urbaniza- tion Review. 63    Standard Media Kenya, 2016, ‘Fundis’ shortage spoils 65    The Architectural Association of Kenya, 2018, What is party for construction sector. Ailing our Buildings? 64    Ibid. 66    World Bank Group, 2013, Enterprise Surveys: Kenya. 12 3. National Level Legislative Framework and Institutions This chapter examines the national-level leg- the passage of the Local Government Act.67 This islation and institutions that govern building Building code was a replica of the then British regulation and land use in Kenya. The chapter Building Regulations. Up until 2012, the Local provides an overview of the legal and institutional Government Act (1968) mandated the enforce- framework currently in place, identifies critical ment of this building code. However, in 2012, gaps and challenges and provides a series of rec- as part of the process of devolution, the Act was ommendations. repealed by the County Government Act.68 The repeal resulted in ending the legal effect of the 1968 building code creating a legal vacuum. To 3.1 Legislative Framework date, the 1968 building code remains the informal reference in the construction industry.69 In Kenya, several laws have been passed to enable the regulation of buildings, from their initial siting Kenya’s first planning legislation was also in- through to their decommission. It is important troduced in 1968. The Land Planning Act aimed to note that a number of these laws are currently at controlling the development of urban land under review as part of the Government’s devolu- through the preparation of town plans. The Phys- tion process. ical Planning Act was then enacted in 1996 which provides for the formulation of national, regional Kenya’s first by-laws for building development and local physical planning guidelines, policies controls were introduced in 1926. They were ap- and strategies. plied to the then Nairobi Town Council. These were then replaced by the Nairobi Council Build- 67    Consisting of the: (i) Local Government (Adoptive By- ing by-laws in 1948 which included town planning Laws) Building Order, 1968, and (ii) The Local Government and zoning requirements. The first National (Adoptive By-Laws) (Grade II Building) Order 1968. Building Code was then adopted in 1968 following 68    BRCA Interview, Housing Department, MTIHUD and Nai- robi City County, March 2018. 69    BRCA Interview, Housing Department, MTIHUD, Nairobi City County and the Architectural Association of Kenya, March 2018. 13 Over the last two decades, the Government of A second draft of the Planning and Building Reg- Kenya has undertaken extensive reviews of these ulation (2009) was developed in 2011. The draft laws to determine their adequacy for regulating building code is now referred to as the National the built environment. In 1996, following the col- Building Regulations (2011). The building code is lapse of the Sunbeam Commercial Center in Nai- awaiting finalisation and is not yet enforceable by robi, a Commission of Enquiry was established to law. The details of the “National Building Regula- investigate the cause of the incident and review tions” will be discussed in depth in the following and propose changes to the existing building laws chapter. and regulations. The commission received tech- nical and strategic inputs from prominent inter- There are also laws in place to address fire safety national experts including individuals from the in the built environment. The Fire Risk Reduc- International Union of Architects and the Com- tion Rules (2007) and the Occupational Safety monwealth Association of Architects. and Health Act (2007) include provisions for fire risk reduction (i.e. sufficient ventilation) and The Commission concluded that the current laws preparedness (i.e. evacuation routes, fire detec- governing the building industry were “inadequate tion appliances and water storage facilities) in and outdated lacking effective controls and en- the workplace. Up until 2012, the Building Code forcement mechanisms.”70 The recommendations (1968) mandated under the Local Government of the Commission are yet to be implemented. Act (1968) provided a number of fire provisions A Committee was later established in 2009 to for all public and private buildings. However, as push this agenda forward. The Committee un- noted above, although the 1968 code remains the dertook a formal Review and Harmonization of informal reference, it no longer has legal effect. Planning and Building Laws and Regulations. The recommendations of this committee provided a Kenya has also taken steps to govern the practices foundation for the development of: of engineering, architecture, quantity surveying and construction to promote building safety. In • A draft building code, referred to as Planning 1978, Kenya started to mandate registration and & Building Regulation (2009). proof of qualification for Architects and Quantity • A draft Built Environment Bill (2009). Surveyors through the Architect and Quantity • A draft Physical Planning Bill (2009). Surveyor Act. Over the last decade, Kenya also started to regulate the practice of engineers (En- The Physical Planning Bill and Built Environment gineers Act 2011) and construction workers (Na- Bill are both awaiting finalisation and enactment. tional Construction Authority Act 2011). This leg- The draft Built Environment Bill and Physical islation includes provisions to ensure that these Planning Bill were both last updated in 2017. At professionals are qualified through education, the time of writing this report, the Physical Plan- experience and examination. ning Bill is currently in the Senate and a request for comments from the public was recently is- There are a number of other statutes that having sued.71 a bearing on the built environment. These are shown in Figure 5. Annex 1 provides a detailed mapping of how specific components of these legal and regulatory instruments relate to the dif- 70    1996, Commission of Inquiry, Report of the Commission of Inquiry to Examine the Existing Building Laws, By-Laws ferent steps of the building cycle in Kenya. and Regulations. 71    BRCA Interview, NBI, July 2018. 14 MA NAG ING RIS KS FO R A SA FER B UILT ENV IRO NMENT IN KENYA Figure 5: Legal Mapping of Kenya’s Building Development Control Cross cutting legislation Source: World Bank, 2018, Building Regulatory Framework Legislative Mapping. * Although the Local Government Act (1968) was repealed, the building code, mandated in the legislation, remains the informal reference in the construction industry, for this reason it has been included in the legislative mapping. * The 26 laws and regulations listed here and analysed in depth in Annex 1, include the main legislation that has a bearing on building and land use regulation. An extended list of 58 laws and regulations can be found in the draft Construction Industry Policy. 15 Box 1: Building Practitioners in the Jamaica Building Bill The Building Bill of Jamaica establishes a new category of previously unregistered and unregulated (informal) builders – building practitioners. When the Bill is gazetted, building practitioners will have the opportunity to be registered formally and receive a license. Under the Building Bill, building practitioners are restricted to construct non-complex buildings of less than 300 square meters. Such structures are assumed to include primarily residential and small commercial buildings. The majority of such buildings have not previously been subject to regulatory review or inspection. This provision is an important extension of the benefits of building standards to the informal building sector. The Building Bill also mandates the creation of a Building Practitioners Board to develop and oversee training and licensing of building practitioners. The Building Practitioner Board will decide upon the necessary qualifications for registration and licensing. Main Challenges Identified provisions for how the national and county gov- ernments should manage informal settlements. For example, the Building Bill of Jamaica,72 estab- Overarching National Building Legislation lishes provisions for the regulation of a new cate- gory of previously unregistered and unregulated The foundation of a building regulatory frame- (informal) builders. See Box 1 for more details. work is best supported by a national legislation that defines the Government’s responsibility to To date, the Government of Kenya has not pro- regulate buildings and principles for local en- mulgated national building legislation. The ab- forcement. International best practice dictates sence of national building legislation weakens that national building legislation should: the basis for government authorities to undertake formal enforcement and apply sanctions for vi- • Clearly define the roles and responsibilities of olations for poor building practices. In recogni- national and local government institutions for tion of this gap, in 2009, MTIHUD drafted a Built building. Environment Bill with the objective of creating a “safer, attractive and well-planned built environ- • Legally mandate the enforcement of an up-to- ment.”73 It also provides an opportunity to replace date building code and outline a process for Kenya’s outdated 1968 building code. future maintenance and update. MTIHUD is currently working to finalise the draft • Outline penalties and sanctions for non-com- Built Environment Bill.74 Based on interviews with pliance with provisions for appeal mecha- the Department of Housing, MTIHUD, there is an nisms. expectation that the Built Environment Bill will • Define the registration, certification and con- 72    The Jamaica Building Bill 2017 has passed through both tinuing education requirements for building Houses of Jamaica’s Parliament. The Bill has yet to be regulators and building professionals. gazetted. The supporting regulations are currently being finalized. 73    Hon Soita Shitanda, EGH, MP, Minister for Housing, In countries where there is a high prevalence of 2009, Building Code of the Republic of Kenya. informal settlements, it is also advisable for na- 74    BRCA Interview, Secretary, Department of Housing (MTI- tional building legislation to provide guidance or HUD), February 2018. 16 MA NAG ING RIS KS FO R A SA FER B UILT ENV IRO NMENT IN KENYA include several innovations such as: effect to Article 66 (1) of the Constitution which mandates that the State regulate the use of any • Creating a single centralised building regula- land, or any interest or right over any land, in tory agency, the Building Authority of Kenya the interest of public safety, public order, public (BAK). health and land use planning. The Bill would re- peal the Physical Planning Act (1996) and would • Enabling the creation of centralized tracking offer a robust legal basis to provide for the plan- information system on buildings, including a ning, use, regulation and development of land in register of buildings. Kenya both at the national and county level. How- ever, the Bill has not yet been promulgated, leav- • Introducing a new centralized mechanism to ing a gap in the legislative framework. As of June register and supervise building professionals 2018, the Bill was under discussion by the Senate by establishing “Qualified Persons”, “Autho- and had received comments and written submis- rized Persons” and “Accredited Checkers”, sions from the public.75 defining roles and responsibilities for each group with liability provisions. Some of the Bill’s key features and innovations include: • Creating the obligation for building develop- ers/owners to hire a supervising engineer with • Provisions for the preparation and implemen- broad responsibilities and, importantly, with tation of physical development plans at all liability. levels of government. • Creating strong accountability for building • Introducing new prominent planning in- professionals with a range of more severe stitutions, including the National Physical punishments for code violations, and yet with Planning Consultative Forum, the Cabinet provisions for appeal mechanisms. Secretary, the National Director of Physical Planning and the County Physical Planning • Enabling dedicated appeal mechanisms for Consultative Forums that create solid foun- owners and building professionals. These dations for the implementation of a participa- appeal boards would be composed of built en- tory, coordinated and transparent process. vironment specialists inside and outside the compliance community and can play a crucial • Describing clear procedures for obtaining role in improving transparency. planning permission with tangible and updat- ed liability provisions and penalties in case of • Creating a framework to restrict waivers to violations. building code requirements. • Introducing effective complaint and appeal Enacting and implementing a comprehensive mechanisms for both national and county Built Environment Bill is of critical importance to level development plans. strengthen the building regulatory framework. However, the Bill does not reference the need to Overarching National Planning Legislation integrate disaster risk mapping into national and The Physical Planning Bill (2017) is a legislation of critical importance. If passed, it would give 75    BRCA Interview, NBI, July 2018. 17 local physical development plans.76 Risk-sensi- building and land use regulation. For example, as tive land use planning provides an opportunity noted above, the passage of the Country Govern- to avoid settlements being built on land most ment Act (2012) repealed the Local Government vulnerable to natural hazards (i.e. flood plains). Act (1968), including several legal provisions for Building in these areas leaves the residents and building and fire regulation. The Local Govern- assets at risk. As per international best practice, ment Act included provisions for every step of the the Bill should include provisions for risk-in- building life cycle. This has resulted in a number formed planning. of gaps in the current legislative framework for building control. With this gap addressed, enacting and implement- ing the Physical Planning Bill is an important step Overarching Legislation for Fire Safety to strengthen the building regulatory framework. Currently, fire safety is addressed by “fragmented Streamlining Laws and Regulations and dispersed Acts of Parliament with no central point of contact or decision making.”78 To address There are a number of inconsistencies across this issue, the Government of Kenya developed a the laws that govern the regulation of the built Fire Safety Management Policy in 2011. The Policy environment. These overlapping regulatory provi- sets an ambitious legal and institutional reform sions result in a lack of clarity and may undermine agenda to address current weaknesses. Its stra- the effective enforcement of the legislation. For tegic priorities include a new national legislative example, the National Construction Authority framework through an Act of Parliament and the Act (2011) and supporting regulations (2014) establishment of a national regulatory body, the leave some ambiguity as to the inspection and Kenya Fire Safety Agency (KFSA). enforcement mandate of the Authority. The am- biguity creates an overlap with the mandate of The passage of a Fire Safety Act would significant- county-level building and planning departments ly strengthen the building regulatory framework. to enforce building code in their respective juris- The Fire Safety Management Policy of Kenya dictions, outlined in the County Government Act (2011) proposes that an Act of Parliament should (2011).77 The need to streamline legislation was mandate: recognised by the 1996 Commission of Enquiry into the Existing Building Laws and Regulations • Establishment of a national regulatory body, and the 2009 Review and Harmonization of Plan- to be known as the Kenya Fire Safety Agency. ning and Building Laws and Regulations. • Establishment of Fire Brigades in all the 47 Further, the process of devolution marks a peri- counties and in public and private institutions. od of significant change in Kenya, including the repeal and update of legislation. This process has • Preparation and implementation of integrated had implications on the legislative framework for fire risk management plans at all levels and sectors. 76    The Physical Planning Bill outlines that local physical development plans should include spatial analysis of the • Establishment of registration requirements, “terrain, soils and climate,” however, this does not explicitly a code of conduct and responsibilities for reference the integration of hazard maps for prevalent haz- ards in Kenya. 77    BRCA, 2018, Kenya Building and Land Use Regulation 78    Government of Kenya, 2011, Fire Safety Management Baseline Legislative Review (Annex 1). Policy. 18 MA NAG ING RIS KS FO R A SA FER B UILT ENV IRO NMENT IN KENYA fire engineers, fire officers, firemen and lead in its new electronic database.80 However, out agencies. of these 34,000, just over 15,000 have valid licenses. In order to maintain a license, con- Implementing the recommendations outlined in tractors must pay an annual fee. the Fire Safety Management Policy (2011) would enable a systematic and comprehensive approach • Issued 53,000 certificates. towards mitigating fire risks in the built environ- ment. However, the implementation of the pro- • Trained 20,000 contractors and construction posed measures has not yet been initiated. workers in management skills (i.e. setting up a construction company) and technical skills (i.e. drawing and specifications for quality assurance).81 3.2 Institutional Framework The NCA also carries out periodic inspections In Kenya, several national institutions play a role on active construction sites to ascertain if an in the governance and oversight of the built envi- NCA registered contractor is on site, if con- ronment, from the development of building and struction workers and site supervisors are land use regulations to the registration of con- registered NCA contractors, if on-site safety struction workers. It is important to note that, as signage and personal protective equipment are part of the devolution process, under the County present and if there is proof of project registra- Government Act (2011), it is each county’s man- tion. If the site is not compliant, the Authority date to implement urban development and land can issue a suspension notice. use plans and administer the building code within their jurisdictional boundaries. In June 2014, NCA Regulations were finalised and the NCA’s mandate was expanded to in- National Construction Authority clude registration of all new projects. The NCA has also started to add additional checks to The NCA, established in 2011, is responsible for their building site inspections to cover struc- the registration and training of building contrac- tural flaws. 82 tors and construction workers. The establish- ment of the NCA provided for the first national National Building Inspectorate surveillance mechanism of building contractors and construction workers in Kenya. The NCA’s The NBI was established under the MTIHUD’s regulation and training function is particularly Department of Housing and Urban Development significant given that approximately 80 percent in 2015. The NBI was established to provide of construction workers have not benefited from additional support and technical assistance to any recognised public and private training on the county-level building inspectors in response to a market.79 The NCA currently operates through 14 growing number of building collapses and fires. regional offices. Since 2014, NCA has: The NBI coordinates inspections of at-risk • Registered just under 34,000 contractors, in- corporating 59 different construction trades 80    BRCA Interview, NCA and Builders Association, February 2018. 79    National Construction Authority, 2014, Construction 81   NCA Website, 2018, Training. Industry Survey Report. 82    World Bank, 2018, Kenya Doing Business Report. 19 buildings such as high-rise and high occupancy for public infrastructure and some private labora- buildings. As of February 2018, it had led the tories exist.86 The Bureau does not have a role in inspection of 5,000 buildings, marked approx- accrediting these testing laboratories, this is the imately 600 buildings as unsafe for occupancy responsibility of a separate entity, the Kenya Ac- and facilitated the demolition of 34 buildings creditations Services (KAS).87 Currently, certain on the brink of collapse. 83 more specialised tests, such as those for particu- lar types of cement and non-destructive testing, Kenya Bureau of Standards cannot be carried out in Kenya due to a lack of equipment.88 The KEBS was established by an Act of Parliament in 1974.84 It is responsible for: developing, pro- Testing concrete is of particular significance to moting and enforcing standards related to prod- building safety and resilience in Kenya. Accord- ucts, measurements, materials and processes; ing to the Bureau’s analysis, concrete quality is a providing testing services; and, providing training. major factor in building collapses. KEBS is often These responsibilities cover several industries called upon after a building collapse to partic- from food and agriculture to construction. ipate in the follow-up inquiry and test the con- crete. They frequently find that the concrete mix In terms of building regulation, the Bureau is does not include enough cement.89 responsible for setting construction standards. The Standards Act (1974) includes a list of rele- KEBA does not currently have capacity to conduct vant standards that the Bureau is responsible for research on construction materials. There is some maintaining.85 In 2012, it chose to adopt European capacity for this research at the Public Works, building standards, the ‘Eurocodes.’ These are a Materials Department and the Kenya Industrial set of internationally recognised structural stan- Research Institute (KIRI). The Materials Depart- dards. The Bureau was also one of the main par- ment, has for example, undertaken research on ties involved in the development of the National low cost housing materials, including research Building Regulations (2011). Their main role was block technology and proofing. to ensure the inclusion of appropriate reference standards. These reference standards will not Ministry of Lands and Physical Planning have legal effect until legislation is passed that mandates the enforcement of the National Build- The MLPP is responsible for several functions ing Regulations. relevant to the built environment, including: pro- viding national physical planning services; pro- KEBS also has its own testing laboratories which viding technical assistance and capacity building provide testing for materials such as cement, con- for counties on physical planning; land registra- crete and steel. Its responsibility is to test import- tion; and, producing and distributing land surveys ed material and provide certification. It is not the and mapping. The Land Survey Department is only institution offering material testing services responsible for the development of national haz- in Kenya; the Materials laboratory at MTIHUD has the largest testing capacity, the Department of 86    BRCA Interview, Director, Bureau of Standards, March Public Works has some facilities to test materials 2018. 87    The Kenya Accreditation Services accredits testing labs against the International Standard Organization (ISO) 9025 83    BRCA Interview, NBI Director, March 2018. Standard. 84    The Standards Act, Chapter 496. 88    BRCA Interview, Director, Bureau of Standards, 2018. 85    See Chapter 496 of the Standards Act (1974). 89    Ibid. 20 MA NAG ING RIS KS FO R A SA FER B UILT ENV IRO NMENT IN KENYA Figure 6: Institutional Mapping of Kenya’s Building Development Control Source: World Bank, 2018, Building Regulatory Framework Legislative Mapping. * Nairobi City County has been included in the legislative mapping to highlight the interaction between national and county departments at different stages. * KEBS and NBI are not included in this stakeholder mapping as they do not have a systematic and/or operational role in the building development control life cycle. KEBS has a role in setting the standards which other actors then have the responsibility to enforce. NBI is not systematically involved in the process of building development control, rather they are an additional resource of expertise in targeted high-risk audits. 21 Table 2: Summary of National Institutional Roles and Responsibilities for Building Development Control Institution Building Development Control Role Plan national level urban and land use planning Ministry of Lands and Physical Register land Planning Produce and distribute land surveys and maps Provide technical assistance and capacity building for counties on physical planning Establish and review land use guidelines National Environment Manage- Approve Environment Impact Assessment (EIA) for new building projects ment Authority Inspect building sites for EIA project license Ensure registration of new workplace building projects Directorate of Occupational Inspect construction sites to ensure workers’ safety Safety and Health Approve building plans Ensure safety audits are carried out annually for existing buildings Register and train building contractors Register building projects National Construction Certify and accredit skilled workers and construction site supervisors Authority Inspect building sites to ensure the presence of NCA registered contractors and construction workers Select plan review and site inspection Provide additional support and technical assistance to county level building inspectors, primarily for National Building Inspectorate existing high-risk buildings Carry out audits on existing at-risk buildings and investigations based on past building failures Kenya Bureau of Standards Develop, promote and enforce building standards Develop and implement local land use and development plans Conduct plan review, site inspection, inspections (during and after construction) and issue construc- County Governments* tion and occupancy permits Conduct specialised plan review and inspections (i.e. fire safety and health) * The County Government has been added as a point of comparison. 22 MA NAG ING RIS KS FO R A SA FER B UILT ENV IRO NMENT IN KENYA tions and issuing occupancy permits. ard maps, although stakeholders from the depart- ment reported that the hazard maps that do exist In parallel, there are also several national-level are outdated.90 institutions that undertake building inspections in Kenya, including the NCA and the NBI. As not- The Ministry also has the important role of de- ed above, while the NCA’s primary responsibility fining the legislative framework for physical is to oversee the construction industry, the NCA planning. MLPP has taken the lead on the devel- also conducts building site safety inspections, in- opment of the Physical Planning Bill. They are cluding selected review of structural flaws.92 The currently coordinating a consultation process, NBI also undertakes building inspections focused including public participation. on high-risk and high-occupancy buildings. Additional National-level Institutions Given the overlapping responsibilities and prac- tices of these institutions, the NBI, NCA and Nai- Several other national institutions also have a robi County Council report that they currently role in building and land use regulation. The pool inspection resources, including undertaking Ministry of Health (MoH), the National Envi- joint inspections.93 In order to ensure a stan- ronment Management Authority (NEMA) and dardised, efficient and transparent process, inter- the Ministry of Labour and Social Protection national best practice dictates that institutions (MLSP) all have a role in the building permit- must have clearly defined and legally prescribed ting process. Figure 6 and Table 2 provide an mandates. institutional mapping of these institutions and a summary of their roles. Annex 1 provides further The NEMA also conducts periodic site inspec- details of their responsibilities across the differ- tions to ensure that construction projects have an ent steps of the building cycle. Environmental Impact Assessment (EIA). How- ever, there is not currently a clear and detailed Challenges Identified: system of categorisation to determine which types of projects/ categories of buildings require Roles and Responsibilities of National Building an EIA.94 If projects do not have an EIA at the Regulators moment of inspection, the NEMA may suspend the project and demand that erected objects are Currently, there is not a clear delineation between demolished.95 In recent years, the NEMA started the regulatory responsibilities of the NCA, NBI enforcing these rules more vigorously.96 and County Governments, neither in law or in practice. Looking forward, based on interviews with stake- holders,97 there is an expectation that the Built As per the County Government Act (2012), each Environment Bill will include provisions for the county has a legal mandate to administer building establishment of a single centralised building reg- and land use regulations.91 They have primary re- ulatory agency, the Building Authority of Kenya sponsibility for conducting plan reviews, inspec- 92    World Bank, 2018, Kenya Doing Business Report. 90    Interview, Department of Survey, MLPP, March 2018, 93    BRCA Interview, General Manager, NCA, March 2018. World Bank. 94    Ibid. 91    Development control within a city or municipality should 95    World Bank, 2018, Kenya Doing Business Report. be implemented by local government personnel in accor- 96    Ibid. dance with “the national housing and building code frame- 97    BRCA Interview, Department of Housing, MTIHUD, March work” (County Governments Act 2012, Section 111 3(c)). 2016. 23 (BAK). It is expected that BAK will have a wide Figure 7: ‘Be Sure, Jenga Smart’ Training mandate, including registration and supervision of Programme all professionals, operational control and inspec- tions, custody of documentation at all steps of the building life cycle and oversight on maintenance and operations of building structures. MTIHUD is advocating for this recentralisation of building regulatory activities98 as they see the safety and resilience of the built environment as a matter of national interest given the number of fire inci- dents and spontaneous structural collapses. If the BAK is established, the institutional ar- rangements between national institutions and county-level institutions will need to be clarified. This is particularly important in the case of coun- ty-level institutions as the approach may raise the risk of political opposition in Parliament if it con- flicts with the intent of the devolution process. Source: NCA, 2017, “Be Sure, Jenga Smart” Training Program. Centralised Efforts to Train Regulatory Personnel, Building Contractors and Construction Workers be discussed in greater depth later in the chapter. There are currently limited national-level initia- tives and resources to train regulatory personnel, The role of the MTIHUD or the NCA could be ex- building contractors and construction workers. panded to train regulators in county governments In order to promote safe construction, there is in partnership with existing professional schools. a strong argument for the Government of Kenya The training could focus on developing core skills to play a more prominent role in coordinating pertaining to building code administration, de- training and technical assistance to regulatory sign, plan review, inspection and enforcement. A personnel, building contractors and construction nationally coordinated training mechanism for workers on safe construction and building code building code personnel would need to be care- requirements. fully designed to support its long-term sustain- ability. The history of national programs or agen- Regulatory Personnel cies relying only on national budget appropriation There is currently no centralised institution with have proved vulnerable to variations in political, a mandate to provide training to county-level economic and social priorities. There is strong regulatory personnel on building code adminis- argument for the fees for construction permits to tration. This is particularly significant given the contribute to a large-scale training solution for relatively new building departments established at building regulators. county-level as part of the devolution process. The same applies for fire inspectors; however, this will 98    Ibid. 24 MA NAG ING RIS KS FO R A SA FER B UILT ENV IRO NMENT IN KENYA Figure 8: Jamaica National Building Code Training Consortium Bureau of Standards Jamaica International Training of Trainers Code Council Design and Maintenance of Training Materials Ministry of Local Training Consortium Government and Training Organisation Target Group Focus Community Development. Universities (UTech & UWI) Graduates & Comprehensive undergraduates Building professionals Building regulators Jamaica Fire Brigade Fire plan review and Fire-related code inspection personnel elements Jamaica Institution of Engineers Engineers Design (JIE) Jamaica Institute of Architects (JIA) Architects Design Institute of Quantity Surveyors Quantity Surveyors Third party enforcement Heart Trust Construction workforce Construction ”Practitioners” practice To be confirmed Material and building Implication of code product manufacturers for their practices Management Institute for National Local/parish officials Administrative Development (MIND) Bureau of Standards Jamaica (BSJ) General public and Health and safety National Housing Authority (NHA) informal sector builders motivation National Housing Trust (NHT) Housing Agency of Jamaica (HAJ) Social Development Commission (SDC) 25 Contractors and Construction Workers There are more centralised training resources Further, in order to provide nation-wide training available for contractors and construction work- in a standardised and systematic way, there is ers. Since 2014, the NCA has provided training to also the need to ensure that existing profession- just under 34,000 construction workers and con- al schools, colleges and universities integrate tractors.99 For example, the NCA is currently roll- building codes into their curricula. This challenge ing out the “Be Sure, Jenga Smart” one-day train- is exemplified by the fact that a prominent vo- ing for construction workers and site supervisors cational school on the market uses steel piping focusing on the importance of being accredited, in its plumbing training workshops although the always using personal protective equipment and Kenyan building industry has already largely em- work-place professionalism.100 braced PVC piping. In addition, the Competency Based Training and A national agency, such as the NCA, or a pub- Assessment (CBTA) is a national public-private lic-private partnership, such as the CBTA, could partnership with the objective of training and cer- play an important role in coordinating this effort. tifying construction workers nationally. Its stra- In Jamaica, for example, the Jamaican Bureau of tegic goal is to develop training curricula for 59 Standards and the Ministry of Local Government trades identified in Kenya. The partners include and Community Development have established a the Housing Finance Foundation, large Kenyan Building Code Training Consortium and are work- cement companies, large paint manufacturers, ing with their members, local training institutions steel manufacturers and importers, academia and government agencies to integrate building and the National Industrial Training Authority code into their curriculum.102 See Figure 8 for (NITA). However, the initiative has not yet scaled a diagram outlining the training consortium’s significantly.101 structure. The NCA and CBTA’s training initiatives are an Central Coordination for Fire Safety important resource for the construction sector; Management and Mitigation however, to meet the country’s training needs and promote safe construction, these initiatives There is currently not a central authority to coor- would need to be: dinate fire safety management and risk mitigation measures. To address this issue, the Fire Safety • Significantly scaled, this could be achieved Management Policy of Kenya (2011) sets strategic through partnerships with educational organ- priorities including the establishment of a nation- isations. al regulatory body, the Kenya Fire Safety Agency • Expanded in scope, i.e. targeted sessions on (KFSA).103 Among other responsibilities, the KFSA building code provisions and safe construc- would be expected to: tion. • Systematised to ensure a comprehensive cur- • Register and license fire inspectors and audit riculum. high risk facilities. 99    BRCA Interview, NCA, February 2018. 102    This initiative has been supported by the World Bank 100    NCA, 2017, NCA Commences Artisan On-Site Training Building Regulation for Resilience Program through the for Financial Year. Jamaica Disaster Vulnerability Reduction Project. 101    BRCA Interview, Chief of Enterprise Development, Na- 103    Government of Kenya, 2011, Fire Safety Management tional Industrial Training Authority, March 2018. Policy. 26 MA NAG ING RIS KS FO R A SA FER B UILT ENV IRO NMENT IN KENYA Box 2: International References for Fire Competency Frameworks In the United Kingdom, a Competency Framework for Business Fire Safety Regulators is developed by the Chief Officers Association (CFOA) and updated every few years. The Framework promotes a common and consistent approach for all fire regulators, including standards and supporting educational materials for technical and non-technical skills: http://www.cfoa.org.uk/22122 In the United States, the National Fire Protection Agency (NFPA) has numerous certification schemes for fire prevention and protection professionals: https://www.nfpa.org/Training-and-Events/By-type/Certifications From an overall building and fire regulatory competence perspective, the Certified Building Official qualification in the United States also includes building and fire regulation: http://buildingofficial.com/commercial-building-official/ • Support building plan review activities of lo- cal government. As per international best practice, a fire compe- • Sponsor a national training institution in fire tency framework should: safety management. • Undertake research and development. • Ensure that all categories of relevant fire pro- • Support the use and adaptation of modern fessionals, including regulatory personnel, fire standards. have the skills, knowledge and understanding • Provide technical assistance and capacity of fire prevention and protection standards, building for county fire brigades.104 building fire safety regulations and other attributes necessary to be competent in the The establishment of the KFSA would be a signif- evaluation of fire prevention and protection icant step towards managing fire risk in the built measures for regulatory compliance. environment; however, the measures proposed in • Develop mechanisms (i.e., exams, tests, certi- the Fire Safety Management Policy have not yet fications and continuous professional devel- been taken forward by the Government. opment training) to ascertain the competence of relevant fire professionals. In terms of training, there is currently no clear line of responsibility for the training of fire Role of National Institutions for Developing prevention designers, fire engineers and fire in- National Hazard Maps spectors. The result is a shortage of trained fire personnel and a lack of regulatory and control Clarity is needed on the role and responsibility of capacity in county fire brigades and building de- national institutions for developing, collating and partments of major cities.105 If established, the applying national hazard maps. Hazard maps are a KFSA could play an important role in developing significant input for the development of risk-sen- a competency framework for fire prevention. sitive building codes and land use regulations. Given the hazard profile in Kenya, seismic maps, 104    Government of Kenya, 2011, Fire Safety Management peak-ground accelerations, flood plain maps, Policy. coastal hazard maps, wind maps and volcanic 105    Source: Nairobi Fire Brigade, March 2018 and Alice A. Menya, O.A. K’Akumu, 2016, Inter-agency collaboration for maps should be integrated into the regulations. fire disaster management in Nairobi City, Journal of Urban Management. National-level institutions can play an important 27 role in collecting and disseminating hazard maps, for hazard mapping is usually fragmented and including: available through various sources including academia, regional or international organisa- • Developing national-level multi-hazard tions with no national centralised repository maps as an input into national building system. 111 codes and land use regulations. • Providing physical infrastructure for surveys In terms of providing physical infrastructure for and mapping, for example, the construction surveys and mapping, the MLPP is in the process and maintenance of observing reference sta- of developing the Kenya National Spatial Plan tions 106 and seismic arrays. 107 Infrastructure (KNSDI). This will be an im- • Developing and promoting a legal frame- portant step to develop the required domestic work that supports hazard mapping at the capacity for a geodetic network. 112 This platform national and county level. will enable the continuous mapping of land use • Providing standards, guidance and technical patterns in Kenya, tracking actual developments assistance to county governments in con- and informing the zoning of land in currently ducting detailed local hazard mapping and unmapped areas. The MLPP also plans to in- integrating this into land use and develop- clude hazard maps in the KNSDI. 113 However, no ment plans. timeline has been set for the completion of this activity. 114 Within the MLPP, the Land Survey Department is responsible for the development of national hazard maps, although stakeholders from the 3.3 Recommendations department reported that the hazard maps that do exist are outdated. 108 Some technical capaci- Legislative Reforms ty is also available at the Ministry of Petroleum, which develops geological maps, and several 1. Facilitate the passage of the Built Environ- other Ministries have developed their own haz- ment Bill referencing the new building code. ard maps. 109 This process should involve continued consulta- tion and dialogue with the building professional However, the Government currently has limited community and other representatives of county capacity to undertake extensive hazard mapping governments and be submitted to Parliament as and often depends on international organisa- soon as the process allows. The Government of tions and specialised foreign agencies to pro- Kenya should explore the option of establishing vide hazard data. 110 More advanced information a working group to push forward this agenda. The working group could also be responsible for co- 106    A network of continuously observing reference stations provides global navigation satellite system data consisting 111    These resources include but are not limited to: Intergov- of carrier phase and code range measurements in support ernmental Authority on Development (IGAD), UNISDR data- of three-dimensional positioning, metrology, space weather base, the Center for Hazards & Risk Research at Columbia and geophysical applications through territory. University. 107    A seismic array is a system of linked seismometers 112    Geodetic networks provide a common reference system arranged in a regular geometric pattern to increase sensi- for establishing the coordinate positions of all geographic tivity to earthquake and explosion detection. data. It provides the means for tying all geographic features 108    BRCA Interview, Department of Survey, MLPP, March to common, nationally used horizontal and vertical coordi- 2018. nate systems. 109    Ibid. 113    See an example of the threat. 110    BRCA Interview, Principal Secretary, MLPP, March 2018. 114    Government of Kenya, National Land Use Policy, 2017. 28 MA NAG ING RIS KS FO R A SA FER B UILT ENV IRO NMENT IN KENYA ordinating the finalisation of the Building Regula- `` The Department of Public Works of the tions (2011), this will be discussed further in the Ministry of MTIHUD. following chapter. `` The Kenya Airport Authority. The Bill should be benchmarked against inter- `` The National Disaster Management Unit of national best practice, including the examples of the Ministry of Interior and Coordination. best practice referenced in this report. For exam- `` The Directorate of Occupational Safety ple, the Bill should clearly define the roles and re- and Health Services (DOSHS) of the De- sponsibilities of national and county institutions partment of Labour of the Ministry of East through one set of consistent legal provisions. African Community, Labour and Social Protection. 2. Facilitate the passage of the Physical Plan- `` County Government level representatives. ning Bill. This process should also involve con- tinued consultation with the building profession- • Develop a national-level training curriculum al community, other representatives of county for Fire Brigades and regulatory person- governments and the public. To promote safe nel with support from academia, and with and resilient settlements, the Bill should also be substantial inputs from an internationally updated to mandate the inclusion of hazard maps recognised fire prevention think tanks. It is in national and county-level land use and devel- recommended that the Government of Kenya opment plans. establish contacts with the non-for-profit US National Fire Protection Association (NFPA) 3. Conduct a detailed legal review to stream- or with the European non-for-profit Fire In- line national legislation related to building formation Exchange Platform (FIEP), or any control at all steps of the life cycle of a building leading national EU member agency of FIEP structure from project’s siting, design construc- to strengthen training materials addressing tion, maintenance, retrofits and decommission- specific knowledge gaps among regulatory ing. It is recommended that this effort builds on personnel in Kenya. This includes: the extensive baseline legislative review carried out for this report (available in Annex 1). `` Train a corps of trainers, with support from academia, to deliver fire prevention risk 4. Implement measures consistent with the training to staff of fire brigade and fire sec- provisions of the Fire Safety Management tions of building departments with a focus Policy of Kenya (2011). The following measures on new regulatory requirement and fire stan- should be prioritised to enhance fire risk mitigation dards, plan checks, building fire inspections in the built environment: and compliance advisory support. `` Enhance the capabilities of the Fire Ser- • Establish a specialised fire prevention working vice Training School in Nairobi by assign- group across the following national organisa- ing permanent trainers and by entering tions to discuss, endorse, coordinate and im- into an agreement (MoU) with an inter- plement proposed measures to support fire pre- nationally-recognised non-for-profit fire vention, including the proposed legislative and engineering and fire prevention knowl- institutional reform. All the following organisa- edge organisation. tions were identified as having an important role `` Initiate a certification process of fire pre- in fire risk reduction and should be appointed as vention specialists for the built environ- members of the group. These include: ment in collaboration with the Technical and Vocational Education and Training 29 Authority (TVETA) and the National In- cation of hazard-maps with a focus on floods, dustrial Training Authority (NITA). landslides and seismic risks. Effective strategies `` Enhance the testing capacity of KEBS to to develop hazard maps may include establish- be able to fulfil its mandate of determining ing or expanding partnerships with national and compliance with required fire resistance international institutions carrying out geological requirements for building materials, floor surveys in Kenya, as well as relevant academic and components, walls and roofs separating research institutions. As will be discussed in the elements and structural building elements. next chapter, these hazard maps should be refer- enced in land use and building regulations. Institutional Reforms When the platform is completed, these hazard maps 5. Support national-level training curriculum should be integrated into the Kenya National Spatial targeting regulatory personnel in county building Data Infrastructure (KNDSI). The KNDSI should pro- departments. The curriculum should focus on core vide the national foundation for geospatial mapping skills pertaining to building code administration, information on hazard and planning requirements. plan review, inspection and enforcement. An interactive and functional website integrating a GIS system (WebGis)115 should be developed to allow The Government should assess the feasibility of interested parties to review the detailed conditions MTIHUD or the NCA delivering the training to coun- of development down to specific land use conditions ty regulatory personnel through a sustainable fund- associated with land plots. The MLPP, overseeing the ing mechanism, independent from national budget KNDSI, should provide guidelines and standards so appropriation. The Government could explore a that other agencies and counties can integrate their partnership with a non-for-profit international- own land use and hazard maps. ly-recognised building regulatory think tank such as the International Code Council (ICC) or the Royal Institute of Chartered Surveyors (RICS) that have prior experience in developing and adapting training curriculum in international jurisdictions. The designated national institution should initiate and coordinate a certification process of building regulators. 6. Scale up the training provided by the National Construction Authority and Competency Based Training Assessment for building contractors and construction workers. This training should include courses on the new building regulations. The scale of the NCA’s and CBTA’s current training programs could be expanded to meet demand. This could be achieved through strategic partnerships 115    Web GIS originates from a combination of web tech- with academia and NGOS. nology and the Geographical Information System, which is a recognized technology that is mainly composed of data handling tools for storage, recovery, management and 7. Assign responsibility to Government minis- analysis of spatial data Web GIS is a kind of distributed tries for the development, collation and appli- information system. 30 4. Building Code Development and Maintenance This chapter examines the adequacy of the build- Up until 2012, the Local Government Act (1968) ing code and processes for maintaining it over mandated the enforcement of the 1968 building time. The assessment focuses on the extent to code.116 However, in 2012, as part of the process which the building code reflect an up-to-date sci- of devolution, the Local Government Act was entific understanding of how buildings perform repealed by the County Government Act. As a against chronic risks, disaster events and climate result, compliance to the 1968 code is not legally change and have been adequately adapted to re- mandated.117 To date, there has been no replace- flect local conditions and construction practices. ment and the 1968 building code remains the in- The chapter provides an overview of the status of formal reference in the construction industry.118 Kenya’s draft building code, identifies good prac- tice, critical gaps and challenges and provides a The 1968 building code is now over half a century series of recommendations. old and, as such, does not reflect an up-to-date scientific understanding of building technology or evolving societal expectations. For example, 4.1 Status of Kenya’s Building the code does not have provisions for people with Code disabilities, energy efficiency and disaster risk management, such as the inclusion of seismic Kenya’s first by-laws for building development load standards. controls were introduced in 1926. They were ap- plied to the then Nairobi Town Council. These In 2009, in recognition of these limitations, MTI- were then replaced by the Nairobi Council Build- HUD initiated the development of a new draft ing by-laws in 1948 which included town planning building code, referred to as the “Planning and and zoning requirements. The first National Building Code was later adopted in 1968. It was a word-by-word replica of the then British Building 116    The Local Government Act provided explicit reference to the 1968 building code, thus giving it legal effect. Regulations. 117    BRCA Interview, March 2018, Housing Department, MTI- HUD and Nairobi City County. 118    Ibid. 31 Building Regulations, 2009.” 119 The draft building • Provisions for imposed loads123 to be calculat- code was then updated in 2011 and is referred to ed according to an occupancy class index (i.e. as “National Building Regulations, 2011.” In this residential, assembly, business, high-hazard).124 updated draft, the second volume, that focused on spatial planning, was removed120 but the rest of • All fundamental aspects of fire protection for the draft was left almost untouched.121 buildings. Detailed provisions are included for prevention, detection and warning, con- As part of this BRCA, a review was undertaken of tainment, barriers, life safety, extinguishment, the publicly available Planning and Building Reg- fire testing, fire mechanical and electrical ulations, 2009. The review focused on whether design. Section “S” on “Fire Safety and Fire the regulations: (i) reflect an up-to-date scientific Installations” opens with six performance re- understanding of building performance, including quirements and appropriately defines 29 types performance against chronic and natural disas- of occupancies for fire safety purposes (See ters and climate change (ii) include provisions Annex 2). The KEBS is also given authority to for disaster risk management, disabled access and determine compliance with required fire re- energy efficiency (iii) are adapted for the Kenyan sistance and non-combustibility of separating context, integrating safe use of local building ma- elements and structural elements.125 terials and construction techniques. The process- es for developing and updating the code were also • Provisions for the accessibility and usability reviewed to determine whether a participatory of buildings for people with disabilities, for and structured process is in place. example the inclusion of ramps, lifts, hand- rails and wheel chair spaces.126 An extensive list of good practices in the 2009 4.2 Review of Kenya’s Draft building code is provided in Annex 3. Building Code Main Challenges Identified The assessment found that the 2009 draft rep- resents a considerable improvement to the 1968 The assessment also identified a number of tech- code. For example, the draft code includes: nical adjustments necessary to ensure that the building code is consistent with international • Standards for earthquake and wind loads.122 best practice. A selection of current gaps and lim- The inclusion of seismic load standards is itations are highlighted below. A detailed analysis critical for the context of Kenya, where there with technical recommendations is included in is relatively high seismic risk. Annex 4. 119    KS Code (2009) (English) Building Code of the Republic of Kenya (2009 edition). 120    BRCA Interview, MTIHUD and Nairobi University, Feb- 123    Imposed load is defined as the load that is applied to ruary 2018 & World Bank, 2016, Republic of Kenya: Kenya the structure that is not permanent and can be variable Urbanization Review. (Technical Guidance Note, The Institution of Structural Engi- 121    Dean of the Faculty of the Built Environment, University neers, 2012). of Nairobi, March 2018. 124    See table F1 of the volume 3 Section F of the BC 2009. 122    Structural loads or actions are forces, deformations, or 125    A more detailed summary of the Section S (2009 build- accelerations applied to a structure or its components (Go ing code) is provided in Annex 3. Engineer Glossary). 126    See B5, Volume 2, Building Regulations 2009. 32 MA NAG ING RIS KS FO R A SA FER B UILT ENV IRO NMENT IN KENYA Box 3: Building Code and Seismic Hazard Maps in Colombia The Colombian seismic hazard map referred to in the National Building Code (NSR-98), in effect until 2009, was developed in 1996 and updated in 2010. Since then, the National Seismological Network of Colombia has improved in both coverage and technology, providing 15 years of additional seismic records. The seismic hazard maps correspond to those developed by the seismic hazard committee of the Colombian Association for Earthquake Engineering (AIS) and are considered official and for mandatory use in the earthquake resistant codes for buildings and bridges. The country is divided in three seismic zones along a northeast to southwest region parallel to the Bucaramanga Fault Zone into Ecuador. The zones are designated as High Seismic Hazard, Intermediate Seismic Hazard and Low Seismic Hazard. The map presented below is taken from the NSR-98. It shows the geographic distribution of the seismic zonation. In the building code, specific design load requirements are prescribed based on the seismic zone and the nature of the occupancy. Four levels of seismic intensity are considered. Standard Occupancy is assigned a seismic intensity level on 1.0, Special Occupancy is assigned a 10 percent increase on the intensity, Emergency and Relief Services Facilities Occupancy a 20 percent increase and Essential Facilities Occupancy are assigned a 30 percent increase on the seismic intensity. KEY Baja: Low Intermedia: Intermediate Alta: High Source: Guillermo Santana, 2013, Seismic Code Evaluation Colombia; NASA – Smithsonian Astrophysical Observatory. 33 Referencing Hazard Maps should be included for different types of buildings such as reinforced concrete and light-frame wood The draft 2009 building code does not currently buildings. The retrofit guidelines in the ICC 2018 reference hazard zones and associated structural International Existing Building Code provide a requirements.127 Given the hazard profile of Kenya, comprehensive example.128 seismic maps, peak-ground accelerations, flood plain maps, coastal hazard maps, wind maps and Accessibility and Usability of Buildings for volcanic maps should be referenced in the building People with Disabilities code and land use regulations. Based on these maps, geographic zones should be differentiated in terms It is estimated that between 10129 and 15 percent130 of expected hazard event frequency and intensity. of the Kenyan population are disabled. Out of this The differentiation of hazard zones is essential for group, 26 percent are mobility-impaired, another enabling the safe siting of buildings and balancing 19 percent are visually-impaired.131 See Box 4 for design requirements for anticipated loads. the World Health Organization’s definition of persons with disabilities. For example, in Colombia, the Colombian seismic hazard map is referenced in the National Building Regulations for buildings used by people with dis- Code (NSR-98). Four levels of seismic intensity abilities are included within Volume 2 of the 2009 have been included. The design requirements in- draft code. Building Regulations are included for the cluded in the building code are prescribed based following buildings: domestic buildings, schools, en- on the seismic zone and nature of the occupancy. tertainment and sports facilities and hotels.132 While See Box 3 for more details. the regulations are generally comprehensive, provi- sions for initial access, such as ramps, dropped kerbs There are some existing national and internation- and parking, are not required for domestic buildings al hazard maps available in Kenya that could be and composite buildings. As per international best integrated into the building code. For example, practice, accessibility provisions for initial access under a World Bank funded project, peak ground should also be required for domestic buildings, such acceleration maps were developed for a 500-year as apartment buildings. return period – these were computed considering local soil effects. However, high-quality hazard Significantly, Volume 2 was removed from the last maps, of an appropriate resolution, have not yet iteration of the Building Regulations (2011).133 Without to be systematically identified for integration into Volume 2, the Building Regulations do not provide a the Building Regulations. prescriptive mechanism for implementing the Per- sons with Disabilities Act (2003), which sets the goal Seismic Provisions of a barrier-free and disability-friendly environment. The draft includes some seismic provisions such 128    ICC, 2018, Existing Building Code. as seismic loads; however, it does not include 129    Global Disability Rights Now, 2009, Kenya Demograph- ic & Health Survey. seismic provisions for retrofitting buildings or 130    World Health Organisation, 2011, World Report on Dis- non-structural elements. According to interna- ability – data for Kenya from 1989. tional best practice, seismic retrofit provisions 131    Global Disability Rights Now, 2009, Kenya Demographic & Health Survey. 132    See Table B5, 2009 Planning and Building Regulations 127    In Section B there is a detailed discussion of national, 133    BRCA Interview, MTIHUD and Nairobi University, Feb- regional and local planning, but there is no specific mention ruary 2018 & World Bank, 2016, Republic of Kenya: Kenya of natural disasters as a factor in planning. Urbanization Review. 34 MA NAG ING RIS KS FO R A SA FER B UILT ENV IRO NMENT IN KENYA Box 4: World Health Organisation Definition of Disability According to the World Health Organisation (WHO), disability is the umbrella term for impairments, activity limitations and participation restrictions, referring to the negative aspects of the interaction between an individual (with a health condition) and that individual’s contextual factors (environmental and personal factors). Environmental factors are central in creating disability; problems with human functioning are categorised in three interconnected areas: • impairments are problems in body function or alterations in body structure – for example, paralysis or blindness. • activity limitations are difficulties in executing activities – for example, walking or eating. • participation restrictions are problems with involvement in any area of life – for example, facing discrimination in employment or transportation. Disability, therefore, refers to difficulties encountered in any or all three areas of functioning and arises from the interaction of health conditions with contextual factors – environmental and personal factors as shown in the figure below: Representation of the International Classification of Functioning, Disability and Health Health condition (disorder or disease) Body functions Activities Participation and structures Environmental Personal factors factors Source: World Health Organisation, 2011, World Report on Disability. Furthermore, after the development of the draft not involve professional architects and engineers, Building Regulations (2009), the Kenya Bureau the buildings often make use of local materials of Standards published 41 standards related to and skills and are improved and extended incre- accessibility for persons with disabilities. While it mentally as funding, time, or materials become was not possible to include these standards in the available. In Nairobi, for example, an estimated 2009 draft, relevant standards could be integrated 70 percent of the housing stock are small shacks into the latest version. (10 by 10 feet) built with wood, tin, galvanised iron sheets and latticed wooden strips covered Reference to Non-engineered Low Income with mud.134 Housing Despite the generally poor performance of these The draft building code does not recognise or buildings in earthquakes and other disaster provide guidance for the types of construction that low income groups can afford. Generally, the 134    World Bank, 2016, Republic of Kenya: Kenya Urbaniza- design and construction of these buildings does tion Review. 35 events,135 it is important to provide some guidance construction costs by approximately 30 percent.138 for these types of building that make-up a signif- icant proportion of the country’s building stock. This past experience provides a useful resource to in- By not recognising these types of construction, form adjustments of the draft Building Regulations. building regulatory regimes can deprive a signifi- cant proportion of the population of the benefits Adoption of New Building Standards of regulated construction. It can limit research and development for improving traditional techniques, In 2012, the KEBS decided to shift from British materials testing and quality control and make al- Standards to European building standards. These ternative forms of construction even more vulnera- standards are referred to as “Eurocodes.” The move ble to chronic and disaster risks. to Eurocodes is an ongoing process and the target date for the transition to be complete is 2021.139 There are several examples of building codes that provide guidance for low income housing. See Box 4 Eurocodes are the design standards issued by the for case studies from Djibouti, Peru, Sri Lanka and Ja- European Committee for Standardization (CEN) maica – each country has taken a different approach. and the European Committee for Electrotechnical Standardization (CENELEC). Eurocodes are con- Kenya has its own experience in developing guidance fined to calculation methods and are presented to for low income housing. In 1995, Kenya took the in- EU member states as voluntary standards. They novative step of developing “Code 95”, a set of build- form a set of standards for structural design, spec- ing standards for low income housing. Although the ifying the calculation methods for all relevant ma- code was a step towards increasing the resilience of terials, including concrete, steel, composite steel, low income housing, the code was only adopted by a concrete structures, timber, masonry and alumin- few local authorities.136 Despite the low uptake, many ium, as well as well as for geotechnical design and lessons can be learned from the experience. earthquake resistance. The task team of Code 95 understood that to be ef- The KEBS adopted Part 1 of the Eurocodes which fective and widely adopted, the building standards requires the development of the “Nationally Devel- must be related to the performance of the materials oped Parameters” (NDPs). This process requires used and should not exclude the locally available entering specific values and risk loads pertaining materials with which most people were building. to Kenya. This task has not yet been initiated and The code also allowed builders to start with a basic technical assistance is needed for a successful cal- structure and add to it whenever they had the need ibration of the Eurocodes to the Kenyan building and resources to do so. This bottom-up approach environment. identified the lowest common denominator for health and safety and set a framework within which Building standards do not have legal effect unless improvement could be made over time.137 A DFID they are referenced by a building code. When com- funded pilot project in the city of Nakuru found that pleted, the Eurocodes should be integrated into housing construction under the new code reduced the Building Regulations to ensure consistency. 135    Ibid. 138    JHA, A. K. & DUYNE, J. E. 2010. Safer homes, stronger 136    KS Code (2009) (English) Building Code of the Republic communities: a handbook for reconstructing after natural of Kenya (2009 edition). disasters, World Bank Publications. 137    Saad Yahya et al, Double Standards, Single Purpose, 139    Construction Kenya, 2016, Builders to go back to class Reforming Housing Regulations to Reduce Poverty, 2001. as Kenya adopts Eurocodes. 36 MA NAG ING RIS KS FO R A SA FER B UILT ENV IRO NMENT IN KENYA Box 5: Developing Guidance and Standards for Low Income Housing Peru In Peru, earthen buildings are common and every time an earthquake occurs there is widespread damage, economic losses and death caused by building collapse. In recognition of this, the Government developed an adobe code for seismic risks. The adobe seismic design code is an official document that contains technical specifications for the structural design and construction of buildings in seismic areas. The first Peruvian Adobe Code was Approved in 1985 as an integral part of the national Building Code – it has since been updated on multiple occasions. The adobe code divides the country into 3 seismic zones and only allows for the construction of a second floor in zone 1. Djibouti Simplified guidelines for the construction of low income housing were developed in 2015. The guidelines include the use of local materials and construction techniques. The guide applies to single-floor structures; the guidelines note that if the owner chooses to add floors, a registered engineer (Bureau d’etude) should be hired/ consulted. Nepal The Nepal Building Code (NBC) addresses the full range of locally prevalent construction types, including non-engineered indigenous structures. Most building in Nepal are built by local tradesman or owner-builders. Neither group is trained in seismic construction. The Nepalese code development team created a four-tier building permitting system with different regulations for: (1) international state of the art construction; (2) Professionally engineered structures; (3) Small buildings designed to meet “rule of thumb”; and (4) Non-engineered construction employing traditional materials and skills. The Nepalese code development team chose to set realistic objectives for the design of technical standards and guidance materials. A comprehensive case study can be found in the Building Regulation for Resilience Program’s flagship report. Jamaica In Jamaica, the draft Small Building and Residential Code, adapted from the International Code Council Residential Code, includes pre-approved designs for non-complex structures. If pre-approved designs are used, site and foundations plans can be submitted to the local authority without the signature of a building professional. 37 Process for Updating Kenya’s Building Code ticipatory process to ensure regular code updates so remains up-to-date and is aligned with evolv- The development of a building code should be an ing risks patterns and technological innovations. inclusive and consensus-based process includ- The draft building code or Built Environment Bill ing the participation of the public sector, private (2017) does not currently have any provisions sector, building professionals, builders, building institutionalising this process. owners and building occupants, as well as those with expertise on health, safety and disaster risk. The development of the 2009 building code was the outcome of a broad participatory process led by the Directorate of Housing of MTIHUD and the MLPP. National and local Government authorities were consulted, as well as the private sector, academia and building professionals.140 Stakeholders interviewed as part of the BRCA re- ported that there was not an ongoing consultative process to endorse the edits made to the draft 2011 code.141 In terms of building code maintenance, effective building codes typically benefit from 3-5 year up- dating cycles to ensure the content remains up- to-date. Frequently updated codes tend to incor- porate newer design and technology options as well as lessons learned from more recent chronic or severe disaster events. This updating process requires a sustainable broad and participatory consultative process. This process should be out- lined in legislation. While the prospect of introducing an updated building code is encouraging, the Government should also establish and maintain a highly par- 140    Ministries of Local Government; Nairobi Metropolitan Development; Lands; State for Special Programmes; Public Health and Sanitation; Public Works; Water and Irrigation; Environment and Mineral Resources; Labour and Roads; State Law Office; Kenya Bureau of Standards; Architectural Association of Kenya; Institute of Engineers; Institute of Surveyors; Institute of Quantity Surveyors of Kenya; Finan- cial Institutions; Universities; Research Triangle Africa; and Kenya Private Sector Alliance (KEPSA). 141    BRCA Interview, February and March 2018, Kenya Bu- reau of Standards, Architectural Association of Kenya, Fac- ulty of the Built Environment University of Nairobi, MLPP. 38 MA NAG ING RIS KS FO R A SA FER B UILT ENV IRO NMENT IN KENYA 4.3 Recommendations • Reincorporate provisions on accessibili- ty for persons with disability in the draft Building Regulations (2011) and integrate Strengthening the Building Regulations relevant KEBS accessibility standards. and Standards 3. Support the adoption of the Eurocodes by 1. Finalise the 2011 Building Regulations with integrating them into the Kenyan building a new round of consultations including the standardisation system. The use of Eurocodes public sector, private sector, building profession- as building design standards can be enabled als, builders, building owners and building occu- only if specific values and risk loads for Kenya pants, as well as those with expertise on health, are established and integrated into the “Na- safety and disaster risk. The Government of tionally Developed Parameters” (NDP). This Kenya should explore the option of establishing a process can be supported by the advisory arm working group to push forward the finalization of of CEN-CENELEC, two related European stan- the building code as well as the finalization and dardisation organisations that support member passage of the Built Environment Bill. and non-EU member countries in adopting these standards. CEN-CENELEC has advisory 2. Address current technical gaps in the and technical assistance capacity that could be Building Regulations (2011) including the de- mobilised for this purpose. Once the shift from tailed recommendations outlined in Annex 4. For British Standards to Eurocodes has been com- example: pleted, the Eurocodes should be integrated into the Building Regulations. • Reference hazard zones in the draft Build- ing Regulations (2011) with determination of building’s structural requirements. To Building Code Maintenance avoid the economic consequences of overde- sign and the safety consequences of under 4. Establish a permanent and systemic tech- design, hazard maps must be directly refer- nical and inclusive process for the Building enced in the building code. The MLPP should Regulations future maintenance, publication undertake a stock-taking to identify the high- and distribution. As per international best est quality hazard maps available, in collabora- practice, the draft Built Environment Bill and tion with other Government institutions with National Building Regulations (2011) should in- hazard-mapping capacity, such as the Ministry clude explicit provisions to organise this process, of Petroleum. As more comprehensive and including defining the membership of this group, detailed maps are developed these should be setting up a permanent secretariat, defining the included in the building code. frequency at which the code should be revised and coordinating future publication and distribu- • Recognise prevalent building practices in- tion to regulatory personnel, building profession- cluding non-engineered and incremental als and academia. construction. Both the draft Built Environ- ment Bill and the draft building code should recognize prevalent forms of non-engineered and incremental construction. This process should build on the valuable experience of “Code 95.” 39 5. Local Government Capacity and Implementation of Building Regulations Comprehensive legal foundations and building 5.1 Implementation of codes by themselves cannot reduce disaster risk or protect public health and safety. Achieving this Building and Land Use depends on local implementation of, and compli- Regulations in Nairobi ance with, building and land use regulations. This chapter assesses the effectiveness and efficiency of local regulatory implementation at the coun- Nairobi City County covers an area of just under ty-level in Kenya, with a focus on: 7,000 square kilometers (km2) with a popula- tion of over 3 million people. Nairobi’s urban • The capacity of county governments. development pattern is generally characterised • Processes for plan reviews, inspections and by low density, non-contiguous residential settle- permitting. ments.143 Figure 9 illustrates the changes in urban- • Funding mechanisms for regulatory services. isation between 2003 and 2014. This assessment focuses on Nairobi City County. As per the County Government Act (2012), each It is important to note that the 47 counties across county has a legal mandate to administer building Kenya may have different levels of capacity, or- and land use regulations.144 In terms of building ganisational frameworks and building regulatory regulations, the 1968 building code is used as an processes in place. That being said, many of the informal reference for building regulators and the challenges identified in Nairobi are experienced construction industry.145 In terms of land use reg- in other counties across the country.142 143    World Bank, 2016, Republic of Kenya: Kenya Urbaniza- tion Review. 144    Development control within a city or municipality should be implemented by local government personnel in accordance with “the national housing and building code 142    BRCA interview, 2018, with NCA, NBI, Association of Ar- framework” (County Governments Act 2012, Section 111 3(c)). chitects, IFC Kenya Investment Climate Program (Mombasa, 145    BRCA Interview, 2018, Nairobi University & Urban Plan- Kisumu, Nairobi and Kiambu). ning Sub Sector Nairobi City County. 40 MA NAG ING RIS KS FO R A SA FER B UILT ENV IRO NMENT IN KENYA Figure 9: Nairobi City County: Changes in liminary review (pre-vetting) of the applicant’s Urbanised Areas between 2003 and 2014 documentation to determine if the application is acceptable and complete. The plans are then evaluated by the Reviewing Committee, including the Public Health Section, the City Engineer, the Fire Brigade and the Devel- opment Control Section. Other sections may be included depending on the size of the project. At this stage, compliance with building codes and land use regulations, such as change of use, sub-di- vision, minimum-spacing between buildings are evaluated. The Nairobi Fire Brigade, for example, is responsible for reviewing construction and de- velopment plans to determine whether they are aligned with the fire provisions under the building code as well as other relevant legislation.148 If the Reviewing Committee is satisfied, the file is Source: US Geological Survey 2014. prepared for review by the Technical Committee, including county-level and national-level institu- tions,149 and finally for the Executive Committee.150 If there are no objections, the Development Control ulations, the Guide of Nairobi City Development Section issues the building permit along with an ap- Ordinances and Zones outlines the land uses per- proval letter outlining the conditions the applicant mitted for 24 zones.146 must respect before commencement of work, such as submitting the structural plans for approval and Construction Permitting Processes NCA approval. Once these steps have been com- pleted, the construction work can commence. The Urban Planning Sub-sector has a central role in administering land use and building reg- 148    Including provisions for places of work under the Fire ulations across the county. The Urban Planning Risk Reduction Rules (2007), Occupational Safety and Sub-sector receives approximately 400 building Health Act (2007), and the Factories and Other Places of applications per month.147 Figure 10 illustrates Work Rules (2007). 149    Sections of the City Council (Public Health, Engineer, the county-level entities involved in these activi- Fire Brigade, Development Control), The Kenya Institute of ties. Planners, The Architectural Association of Kenya, Board of Engineers, Board of Surveyors, Kenya Power, Nairobi Water, Once a development permit application is sub- NEMA. 150    The County Executive Committee, appointed by the mitted through an online platform, the Sub-sector Governor, comprises ten members and is the highest pol- of Urban Planning is responsible for an initial pre- icy-making organ of the county. Each County Executive Committee Member is responsible for a sector of County operations namely. The executive committee is composed 146    This guide is based on the last zoning review carried of all NCC sectors (See Annex 7 for a complete county out in Nairobi in 2004. organizational chart) excluding the County Security, Com- 147    BRCA Interview, Nairobi University & Urban Planning pliance, Fire and Disaster Management sector which are Sub Sector Nairobi City County, February 2018. under the office of the Governor. 41 Figure 10: Mapping of County Departments Involved in Construction Permitting Nairobi City Council Health Services Planning, Lands, Housing County Sec., Compliance, Transport, Roads and Urban Renewal Fire and Disaster Mgmt. and Public Works SECTOR SECTOR SECTOR SECTOR Urban Planning Fire and Dis. Mgmt. Public Works SUB-SECTOR SUB-SECTOR SUB-SECTOR Health Services Development Planning Compliance Urban Policy, Urban Design Management and and Enforcement Research and and Development DIRECTORATE Regularization Statistics DIRECTORATE DIRECTORATE DIRECTORATE DIRECTORATE Development Control Fire Structural Review SECTION SECTION SECTION * Only sectors involved in construction permitting have been included. The Directorates in white boxes are also not included in the construction permitting process. Source: Sector of Planning, Lands, Housing and Urban Renewal, March 2018, World Bank Building Regulatory Capacity Assessment. In most cases, a structural approval is also need- setting out of the construction has been under- ed.151 The Structural Review Section undertakes a taken and a letter to request inspection at certain detailed review of the structural plans and deter- stages of construction, such as ground floor slabs, mines whether they are compliant with building columns, roof traces, etc. For buildings that meet codes and relevant regulations. The Development a certain set of criteria, national agencies includ- Permit and structural approval process is illus- ing the NBI, NCA and NEMA also conduct site trated in Figure 11 (next page). inspections. During the construction process, the Directorate Once the construction work and inspections have of Planning Compliance and Enforcement is re- been completed, the Department of Planning and sponsible for conducting on-site inspections to Compliance are responsible for issuing a Certif- ensure the building reflects the approved plans. icate of Occupation. A detailed process map for The applicant is required to send a notice of plan review, inspection and permitting is includ- commencement of works to the county once the ed in Annex 6. The Nairobi County is also respon- sible for overseeing modifications of buildings, 151    By-laws 124, 125, 126 and 127 of the Local Government change of use and decommission. (Adoptive By-Laws) (Building) Order of 1968 specifies which buildings need this type of structural approval. 42 MA NAG ING RIS KS FO R A SA FER B UILT ENV IRO NMENT IN KENYA Figure 11: Overview of Building Permit Approval Process in Nairobi City County Development Application Apply through Structural Permit with User file e-Permit approval conditions platform Reviewing Scrutinize Committee and comment of NCC Development Review of the Control Comments project Section (pre-agenda) Technical Review of the Committee project Executive Review of the Committee project Structural Review the Review structural project Section Source: Department of Planning and Urban Renewal, March 2018, World Bank Building Regulatory Capacity Assessment. Nairobi City County e-Development Permit to a series of reforms initiated by the then City System Council of Nairobi in 2006 to reduce the number of days to process construction permits.152 In 2008, Nairobi City County manages construction per- according to the Doing Business Report, it took 75 mitting through a web-based e-permitting system. days to obtain planning approval and structural Development of the e-permitting system was ini- approval.153 As a result of the reform, in 2010, the tiated in 2009 and the platform was launched in number of days reduced to 40 days.154 2011. This effort led to the modernisation of the permitting process workflow and a physical reor- Prior to the reform, all construction permit pro- ganisation of the office floor to mirror the steps of cessing was done manually. The applicant had the simplified process. Key functionalities of the to submit paper documents including maps and platform are outlined in Box 5. Innovations include plans, these were reviewed by multiple depart- an SMS-based tracking and notification system ments and external organisations. The process was that keeps applicants informed of the status of their application and any further information re- quired from them. 152    World Bank Group, 2010, Doing Business in Kenya 2010. 153    Ibid. The e-permit system was developed in parallel 154    Ibid. 43 Box 6: Key Functionalities of 2011 Nairobi Permitting Platform • Online registration of building professionals/property developers. • Online submission of building plans. • Workflow management – concurrent review/evaluation. • Online issuance of permit upon approval. • Document management and archival (no storage constraints). • Support for field inspections – mobile devices. • Client interactions - SMS/email notifications & online monitoring. • Management reporting and oversight. Source: IFC, KICP Task Team, 2012 complex and not transparent to the applicant.155 Developer Association reported that 41 percent of “Private expediters” had also emerged offering ser- its projects were approved in less than 30 days, 40 vices to speed up the permitting process at a cost percent took between 30 days and 90 days and 19 equivalent to 60 percent of the permit fee.156 percent took over 90 days to be approved.158 The Real Estate Developer Association noted that this With support from IFC, the new process was de- increase in processing time can be partly attributed signed to integrate e-payment and incorporate to the long election period that year. upstream processes such as subdivision, change of use and the extension of leases. There are several Between 2012 and 2017, KICP, supported by IFC, additional features that could be added to the plat- also successfully piloted construction permit re- form to further increase the efficiency and effec- forms in Kisumu, Mombasa and Kiambu. In its sub- tiveness of construction permitting. These will be sequent phase (2017-2021), KICP plans to roll out discussed in detail in the following section. the automated solution in 8 additional counties, a process that will first involve permit process re- Recently, there has been a marginal increase in per- views, streamlining, re-engineering and digitalisa- mit processing time. In 2016 and 2018, the Doing tion of administrative procedures. Lessons learned Business Report found that the number of days to from the first phase will be applied to the second obtain planning approval and structural approv- phase – these will be discussed in more detail in the al had increased to 55.157 In 2017, the Real Estate following section. 155    World Bank, Innovative Governance and anticorruption initiatives, a selective survey of world bank activity, p.5, January 2014. 156    Ibid. 158    KPDA, 2017, Permitting Approvals Report: January-De- 157    World Bank, 2018, Kenya Doing Business Report. cember 2017. 44 MA NAG ING RIS KS FO R A SA FER B UILT ENV IRO NMENT IN KENYA Main Challenges Identified This low level of compliance with land use regula- tions is compounded by several factors, including: County Development Plans • A lack of clarity on zoning requirements. To enable the safe-siting of buildings, land use Stakeholders at the Nairobi City County re- and zoning systems need to be up-to-date, in- ported that a zoning ordinance conducted in formed by hazard mapping and enforced by the 1979 is still being used as a basis for planning responsible institutions. In Kenya, as per the and land management, rather than the 2004 Constitution (2010) and County Government Act zoning ordinance. Over time, incremental (2012), counties are responsible for developing fixes and updates have been made to these and implementing County Integrated Develop- zoning requirements.164 ment Plans (CIDPS), including local spatial plans. These spatial plans should provide a framework • Public awareness and access to zoning by- for sustainable development, indicate desired laws and maps. Zoning by-laws and zoning patterns of land use and guide the location and maps are available upon request at the County nature of development within the county.159 How- planning offices and are not available online. ever, currently, most counties do not have up-to Hence the information is not readily available date spatial plans and zoning information in to the public and require owners and devel- place.160 opers to make a physical trip to the planning agency. In Nairobi, for example, the last zoning ordinance was carried out in 2004.161 This zoning review • Shortage of publicly-owned land. The was integrated into the Guide of Nairobi City large-scale and controversial transfer of pub- Development Ordinances and Zones (2006),162 lic land to private ownership during decades a document which defines the permitted ground prior to the devolution process has resulted coverage and plot ratios of the city as well as the in a severe shortage of government land in uses permitted for 24 different zones. Significant- Kenyan cities. In this context, it is a challenge ly, from a disaster risk reduction perspective, this for the Government to lead spatial expansion document does not integrate hazard maps and as they face strong resistance from private as such does not guide construction away from owner’s interests that may often diverge from high-risk areas such as flood plains. Furthermore, public interests in promoting sustainable and the zoning requirements have not been effectively safe construction. enforced. Data collected by the NBI, from a sam- ple of neighbourhoods in Nairobi, indicates that The outcome of the devolution process provides approximately 80 percent of buildings are not the opportunity for county governments to man- compliant with land use regulations.163 age development control more coherently since the functions of planning, zoning, permitting and inspection of construction now fall under one 159    Kenya County Government Act, 2012. single jurisdiction. The development of county- 160    BRCA Interview, Principle Secretary, MLPP, March 2018. level spatial plans could provide a useful resource 161    Integrated Urban Development Master Plan for the City to trigger more rigorous and participatory efforts of Nairobi, JICA, May 2014. to establish updated land use and zoning require- 162    Nairobi City Council, 2006, A Guide of Nairobi City De- velopment Ordinances and Zones. ments. In order to effectively reduce disaster risk, 163    Data presented by the NBI in 2018 at a World Bank, Tokyo Hub, Technical Deep Dive. 164    Interview, MLPP, March 2018, World Bank. 45 these spatial plans should integrate local hazard sub-counties).169 As previously noted, the county information. has on average 400 new building applications to process per month.170 The Director of the Plan- However, in order to take on these new responsibil- ning Sub-sector estimated that the county re- ities, the capacity and resources of county govern- quires five times the number of staff to effectively ments need to be strengthened.165 Whilst, technical administer building and land use regulations, capacity for planning has begun to improve at the including reducing the amount of time it takes to county level, additional planners and capacity for process building applications.171 The Architectural functions such as hazard mapping are required.166 Society of Kenya estimates that over 70 percent of all buildings constructed in Nairobi are done so The MLPP has a central role in building the ca- without approval from the County Government.172 pacity of county-level planning departments. The If the enforcement of building and land use reg- Ministry is in the process of developing County ulations is to be extended to cover a greater per- Planning Guidelines, set to be launched this year. centage of the built environment, the number of The Ministry plans to scale their support to coun- qualified staff will need to increase to enable this. ties incrementally. In 2018, the Ministry aims to support 8 counties with the development of their The qualification of staff is also an operational spatial plans and a further 15 counties in 2019.167 challenge. Stakeholders from the Nairobi Urban Planning and Public Works Department reported Capacity of Building Departments that they require additional qualified construc- tion engineers, architects and planners. The same Building authorities across Kenya require addi- operational challenges have been reported in tional human and technical capacity in order to other counties, particularly rural counties.173 Pub- effectively and efficiently administer building and lic sector stakeholders noted that qualified engi- land use regulations. Resources required include neers and architects were often not incentivised sufficient numbers of qualified staff, IT solutions to work for the public sector given the number of and equipment.168 higher-paying opportunities in the private sector. As in any construction boom, human resource In Nairobi City County, for example, the Urban management is a challenge – particularly in the Planning Department only has 15 staff to carry public sector – with high demand for building out building plan reviews and 34 building inspec- professionals resulting in more opportunities and tors (on average 2 inspectors for each of the 17 higher pay in the private sector. The wage gap for engineers and architects in the public and private 165    Urban counties are now required to manage devolved functions with fewer resources than before devolution. The 169    Interview, Director and Senior Planners at the Nairobi four largest urban counties, including Nairobi, now have to City County Urban Planning Sub-Sector, March 2018, World manage devolved functions with only some 60 percent of Bank. the resources allocated to them in 2012/13 (Source. World 170    Ibid. Bank, 2016, Republic of Kenya: Kenya Urbanization Review 171    BRCA Interview, Director of the Nairobi Planning & Interview with MLPP and Nairobi City County). Sub-Sector, March 2018 – estimate based, in part, on a 166    World Bank, 2016, Republic of Kenya: Kenya Urban- study the then Nairobi City Council undertook in 2006 (re- ization Review & Interview with MLPP and Nairobi City port not available for review). County. 172    The Architectural Association of Kenya, 2018, What is 167    BRCA Interview, Director of Physical Planning, MLPP, Ailing our Buildings? March 2018. 173    IFC, 2013, Construction Permit Review in Nairobi, Kisu- 168    IFC, 2013, Construction Permit Review in Nairobi, Kisu- mu and Mombasa & BRCA Interview, NBI, and Nairobi City mu and Mombasa. County Government, March 2018. 46 MA NAG ING RIS KS FO R A SA FER B UILT ENV IRO NMENT IN KENYA Figure 12: Developing a One Stop-shop and E-permitting System in Nairobi City County, 2009-2018 Before the reform: 2009 After the reform: 2011 Seven years later: 2018 Source: IFC, KICP Task Team, 2009-2018. sector is in the range of 50-70 percent.174 operational challenges in several other counties across Kenya.177 Challenges of staff-qualification were also re- ported by the Nairobi Fire Brigade. Stakeholders Construction Permitting Reform noted that they do not currently have any quali- fied staff to carry out plan reviews.175 The Fire Bri- As noted earlier in this chapter, in 2011, the Nairo- gade’s staff and capacity remain focused toward bi City Council launched the Nairobi e-permitting fire-fighting and emergency response. platform and implemented a series of parallel process simplifications to increase the efficiency Nairobi County also requires additional technical and effectiveness of the construction permitting capacity within the planning and building depart- process. A fast and transparent process can act as ments. For example, for the building inspectors a strong incentive for builders and developers to to increase their geographical reach, effectiveness follow regulatory requirements. and efficiency, stakeholders reported that staff require additional resources such as vehicles, Several other functions could be added to the GIS-enabled field-entry devices and materi- e-permitting platform in Nairobi to increase the al-testing equipment (including non-destructive efficiency, transparency and user-friendliness of testing equipment).176 IFC has found similar the construction permitting system. The exam- ples listed below are all functionalities supported by the software and a few have been introduced in 174    For example, employees with architectural and en- gineering background who have worked for 5 years and other counties: below are paid approximately KES 70,000 (US$ 700) to KES 100,000 (US$ 1,000) per month. In comparison, in private • Digital signatures. Currently, after online practices, with a similar experience, engineers and archi- approval, applicants are required to print out tects get paid KES120,000 (US$ 1,200) to KES 170,000 (US$ 1,700) – source: BRCA Interview, Nairobi City County Gov- development permit papers and architectural ernment, March 2018. 175    BRCA Interview, Nairobi Fire Brigade, March 2018. 177    IFC, 2013, Construction Permit Review in Nairobi, Kisu- 176    Ibid. mu and Mombasa. 47 Box 7: IFC Lessons Learned from the Kenya Investment Climate Program Phase I • It is important to work with the private sector, for example, with the Architectural Association of Kenya. The involvement of the private sector helps to encourage the maintenance of reforms, particularly when changes of leadership occur. • Deploying an end-to-end system in one go, i.e. from planning permission such as change of use/subdivision/ amalgamation/extension of lease to construction permit, building inspections and occupation permit. • The IFC should not support any operational costs such as hosting, bulk SMS, e-payment platform, internet etc. In Nairobi, the IFC funded these at the onset and it was a challenge transitioning such costs to the building authority. • A systematic monitoring and evaluation system should be included, which includes mechanisms to measure end- user’s satisfaction. Corrective measures and course corrections can be implemented based on the data collected. Source: BRCA Interview, IFC KICP Task Team, August 2018. plans and bring them into the County Offices mented, sub-counties would have to be linked to be stamped and signed. Nairobi City Coun- to the e-permit system as they are responsible ty has not authorised the use of digital signa- for conducting building inspections. Mombasa, tures. This is despite existing legislation that Kisumu and Kiambu have recently started to allows digital signatures for the submission of coordinate building inspections through their drawings and for electronic payments.178 e-permitting platforms and have developed ap- plications for performing building inspections. • Digital archiving. If digital signatures are enabled, the need for physical documents • Linking the platform to the cadastral sys- will be eliminated. As such, proposals and tem. The cadastre system is hosted by the permits should be archived digitally. Figure 12 MLPP. The Ministry has nearly completed the demonstrates the challenge with the current cadastral survey for large urban areas, includ- paper-based system. ing Nairobi. The Ministry is currently working to digitalise remaining records. • Scheduling, coordinating and document- ing building inspections through the Based on IFC’s experience of establishing the e-platform. This added function would cre- e-permitting system in Nairobi, Mombasa and ate a tangible and powerful resource to curb Kisumu and Kiambu, several lessons learned have informal practices and considerably improve been documented. These lessons learned (see transparency. For this function to be imple- Box 7) will be integrated into the design of the second phase of the KICP, which will include the roll out of the e-permit system to eight additional 178    Kenya Information & Communications Act, Chapter 411 counties.179 A (2015). Section 83P outlines legal recognition of electronic signatures and section. 83S outlines the use of electronic records and electronic signatures in Government and its agencies. 179    BRCA Interview, IFC KICP Task Team, August 2018. 48 MA NAG ING RIS KS FO R A SA FER B UILT ENV IRO NMENT IN KENYA Coordinating Building Inspections bility of the various government agencies, transfer a leading coordination role towards County-govern- Building inspectors rely on builders to notify the ment authorities and invest in the inspection capac- County Government when a construction project ity of county governments. is initiated. However, stakeholders in Nairobi City County reported that very few builders notify them Furthermore, stakeholders reported that site in- of the commencement of construction. 180 In the spections conducted by county and national level absence of this notification, building authorities rely institutions occur without check-lists of inspection on fewer means of information and very few inspec- criteria.183 Inspection check lists have several ben- tions are carried out in proportion to the volume of efits, including limiting inter-institutional overlap, new construction.181 reducing discretionary decisions and increasing transparency. In addition to this, over the past few years, construc- tion workers and contractors have reported an in- Risk-informed Prioritisation of Building crease in uncoordinated inspections carried out by Inspections county and central Government authorities.182 In Nairobi, there is currently not a comprehensive At the county level, sub-counties oversee some and up-to-date criteria and methodology to classify building inspections and issue occupancy permits. buildings based on the risks they pose (i.e. location, Nairobi City County is composed of 17 sub-counties. ground-related risks, building and use-related risks). However, these sub-counties are not electronically Building classification systems can be used to pri- linked to the e-permitting system in place at the oritise the allocation of scarce building inspection Nairobi City Council. Therefore, these sub-coun- resources based on level of risks. The only building ties often do not have access to critical information classification that is currently used informally is needed to schedule coordinated and timely inspec- based on the number of storeys, the internal height tions and issue final occupancy permits. of the roof-span and whether an architect and engi- neer is required. As per international best practice, At the central level, the NCA, NBI and NEMA also building classification matrixes should combine conduct intermittent inspections. Details of these elements of size, use and location in a risk-based inspections and associated coordination challenges approach. See Annex 8 for the building classification are outlined in the first chapter of this report. Most matrix used in the municipality of La Paz in Bolivia. national regulating agencies do not have indepen- dent enforcement capacity since the responsibility Use of Private Sector Resources for for enforcement measures remains strictly within Regulatory Controls the purview of county governments. This creates a stronger argument to delineate clearly the responsi- Building control functions in Nairobi are con- ducted with scarce human resources and special- 180    BRCA Interviews, Urban Development Sub Sector, Nai- ized personnel, and yet urban expansion creates robi City County, March 2018. increased pressure with tangible risks of facing 181    The Architectural Society of Kenya estimates that over 70 percent of all buildings constructed in Nairobi are done more severe backlogs in planning, construction so without approval from the County Government. Source: approval permitting and building inspections. The Architectural Association of Kenya, 2018, What is Ailing Over the past two decades, several models of private our Buildings? 182    BRCA Interview, 2018, Master Builders Association, Institute of Architects and Safety Surveyors Limited. 183    BRCA Interviews, NCA, NBI, Urban Development. Sub-Sector, Nairobi City County, February and March 2018 49 sector participation in regulatory activities have sible, construction permit fees187 should be set at a emerged in the world, to provide the opportunity of level that is consistent with actual overhead costs an expansion of regulatory capacity. This trend is and recurring investment needs to deliver effective based on various forms and degrees of outsourcing. building development and control services. This approach comes with tradeoffs, including high- er construction costs and the need to ensure accept- Fees for construction permits and inspections able standards of transparency and accountability.184 should also be affordable within the local socio- There are currently no enabling and explicit provi- economic context and generally not exceed 3 sions in the existing Kenya regulatory framework percent of construction costs.188 The average in allowing building authorities to outsource building OECD countries is 1.7 percent. Doing Business controls to private sector and determine guidelines 2018 suggests that the current fee level in Nairobi for appropriate pricing and qualifications. Doing moderately exceeds this threshold, at approx- Business data show that private third-party involve- imately 5 percent.189 As a point of comparison, ment in building controls is associated with better Table 3 below outlines the construction permit building quality in construction as measured by the fees relative to construction costs in a selection of building quality control index.185 African countries. Consistency across Counties Affordable permit and inspections costs can act as strong incentives for builders and developers to Devolution also contributes to the challenge of follow regulatory requirements. Table 3 provides a ensuring a consistent and uniform set of rules for summary good practices for establishing adminis- construction permits applications across Kenya’s trative building permitting and inspection fees. 47 Counties’ jurisdictions. A first Sub-National Doing Business Survey (SNDB) carried out in 2016, The laws organising devolution prescribed a cost demonstrated that although applicable laws are of- evaluation of county government functions, but ten the same, there is wide variation and discretion this process has not been completed.190 in their application at County levels. The SNDB fur- ther concluded that Kenyan entrepreneurs face dif- Currently, in Nairobi, the construction permitting ferent regulatory hurdles depending on where they fees collected by the Urban Planning Sub-sector establish their businesses, and that no single County are re-directed to the Treasury Department. Every in Kenya performs equally well on all indicators.186 year, each sector receives a budget based on their needs. The 2015 draft of the Physical Planning Bill Financial Sustainability of Local Regulatory included provisions stating that the fees collected Control Agencies 187    In Kenya, the methodology for calculating building per- The devolution process provides counties with the mits is outlined in the County Financial Act 2015. The total opportunity to generate adequate revenues, not only plinth area of the building in square meters is multiplied through a modernised tax base, but also through by the Joint Building Council Rate (this rate depends on the type of building and the result is multiplied by 1%). For the collection of local government fees. When pos- residential buildings, the Joint Building Council Rates also depend on the location of the plot. 188    Good Practices for Construction Regulation and En- 184    Good Practices for Construction Regulation and En- forcement Reform, Guidelines for Reformers, World Bank forcement Reform, World Bank Group, 2013. Group, 2013. 185    Doing Business 2018, Reforming to Create Jobs (Page 189    World Bank Group, 2018, Kenya Doing Business Report. 45-50). 190    World Bank, 2016, Republic of Kenya: Kenya Urbaniza- 186    World Bank Group, 2016, Doing Business in Kenya. tion Review. 50 MA NAG ING RIS KS FO R A SA FER B UILT ENV IRO NMENT IN KENYA Table 3: Comparison of the Cost to Obtain a Building Permit across 13 African Countries Dealing with Rank-Dealing Building Permit Construction Country with Construction Cost for a Warehouse* Permits - Cost (% of Permits (DB19) (Amount in US$) Warehouse Value) Botswana 31 1286 0.4 Comoros 85 499 1.2 Sudan 105 548 1.5 South Africa 96 5651 2 Zambia 70 1530 2.6  Kenya 128 3668 4.7 Tanzania 150 2702 6 Uganda 145 2254 8.1 Malawi 136 1657 10 Burundi 162 1672 10.7 Rwanda 106 4139 12 Ethiopia 168 4438 14.4 Congo, Dem. Rep. 165 3554 15.8 *Doing Business records all procedures required for a business in the construction industry to build a warehouse along with the time and cost to complete each procedure. A series of standardized parameters have been set for the warehouse, such as usage, size, necessary road access (See the Dealing with Construction Permitting Indicator methodology for more information: http://www.doingbusiness.org/en/methodology/dealing-with-construction-permits) Source: World Bank Group, Doing Business, 2019. by a local planning authority should be applied (equivalent to US$ 2 million)191 in administrative fees towards the development of County infrastruc- for fire services. All revenues had to be repaid to the ture and the provision of municipal services in County Government via the Treasury Department. the County. However, these provisions have been removed from the current 2017 draft, leaving un- However, the Brigade’s final budget allocation certainty on whether revenues can be re-invested turned out to be lower than revenues generated in the County Planning Departments. in the same year. This led to a lost opportunity for the fire brigade to reinvest in important human A similar concern is illustrated by the status of the resources and training to enhance its capacity for revenues generated by the Fire Brigade of Nairobi. fire prevention services. In 2017, the Fire Brigade generated KS 200 million 191    Source: Nairobi Fire Brigade, Interview, February 2018. 51 Table 4: Summary of Good Practices for Establishing Administrative Building Permits and Inspections Fees Practice Background Establish fee levels Fees should include the costs associated with the review of plans and based on cost recovery any inspections, along with overhead costs. This approach is followed in for building control New Zealand, where building consent agencies charge fees for issuing services building code compliance certificates when buildings are completed. Low municipal tax resources often create an incentive to turn building Ensure that building permit fees into proxies for tax revenues. If deficiencies in the property control fees do not tax system require collecting funds at the time of construction, the tax fulfil a tax purpose portion of the building permit fee should be clearly delineated in the interest of transparency and accountability. For small buildings, setting a small, fixed fee is considered good Charge small, fixed practice. Minimum fees are necessary because the cost of providing fees for small projects services is not directly proportional to the area or cost of the building; a presenting no risk minimum charge is therefore necessary to cover enforcement costs for for public health and small projects. Large projects with substantial permit fees will typically safety cross-subsidise smaller projects. One-stop-shop services for construction permits allow several Allow several options payments mechanisms, including online payments. Since Kenya has and instruments for enacted enabling legislation in 2011 to support electronic and online fee payment payments, this function should be introduced in Nairobi and rolled out in local Government building departments. To support other relevant efforts in improving transparency and Publicise fee schedules process efficiency, fees schedules for permits and inspections should be publicised and made available on the local authorities’ website and other means of communications. Source: World Bank, 2013, Good Practices for Construction Regulation and Enforcement Reform. 52 MA NAG ING RIS KS FO R A SA FER B UILT ENV IRO NMENT IN KENYA ual performance. 5.2 Recommendations • Waiving of professional registration fees. • Improved access to government services or County Human and Financial Capacity benefits such as transport or access to housing. 1. Initiate human resource capacity needs as- 3. Consider leveraging resources from private sessments to inform staffing plans in county sector to strengthen the capacity for plan re- building authorities. A diagnostic and staffing views and inspections. A legal and regulatory plan should be developed at the local government review should be initiated in order to consider the level, starting in Kenya’s largest cities. These introduction of licensed or accredited private sec- plans should be based on capacity gaps for plan tor engineers to carry out third party plan reviews reviews, inspections and technical advice. These and inspections to verify project compliance with plans should include a phased approach, allowing building code requirements and approved build- a feasible timeframe to identify appropriate fund- ing plans. Simultaneously, an action plan could ing mechanisms and training of new staff. If the be developed to introduce standards of eligibility, current staffing level of Nairobi is indicative of the transparency and accountability for private sector shortage of trained regulatory personnel in the engineers to assume this regulatory role. rest of the country, strategic staffing plans should present measures and timelines to make up for 4. Adjust permitting fees in Kenya to allow the shortfall in capacity over a period of three to cost recovery for the delivery of building reg- six years. MTIHUD should provide strategic and ulatory services. Consistent with the laws or- methodological support to local governments to ganising devolution, a costing of local regulatory design and implement their staffing plans. controls should be carried out to define appropri- ate fee levels based on cost recovery to maintain A similar effort should also be conducted for the financial sustainability. Local administrative Fire Brigades and Fire sections of County building provisions should allow fees collected to be re- departments to assess the number of personnel tained by local government agencies rather than required to conduct plan reviews and building repaying them to the local government Treasury inspections for public and private buildings. Department.192 2. Require minimum academic and profes- This process should be supported by more strin- sional qualifications for local government gent accountability requirements to ensure that building code officials. County Governments fees collected are invested into improved service should require building authorities to demand delivery capacity and training. minimum qualification requirements for the re- cruitment of new staff and introduce new incen- Construction Permitting tives to retain the services of qualified engineers and architects. Incentives to consider may in- 5. Add additional functions to the Nairobi clude measures such as: e-platform to support more efficient building code administration. The e-permitting platform • Additional training upon completion of certain benchmark years. 192    In Nairobi, for example, fees paid are deposited in the • Increased mobility across building departments. account of the Central Treasury of the city county and then • Opportunities for promotion based on individ- redistributed to each department taking into account their budget and priority needs. 53 can support several additional functions that, if costs, increase transparency and contribute to a implemented, would substantially increase the higher level of code compliance. This effort would efficiency of building code administration. The also support the harmonisation of administrative Nairobi e-platform provides a template and best procedures across counties. practice solution for a national roll-out to local government building departments. It should, Building Inspections therefore, receive increased attention and show- case a feasible software solution that local gov- 7. Reorganise building inspections to mini- ernments can adopt. Priority should be given to mise overlaps across national and local level the following measures: agencies. This effort requires a joint national and local government effort to clarify the role • Enable digital signatures and remove the re- of organizations such as the NCA, NEMA, NBI, quirement for architects to bring a hard copy OSHA and local government building inspec- of their building plans to the Nairobi Devel- torates. A process mapping of current inspection opment Control Department for signing and procedures should be conducted. It should start stamping. in large urban centres, describing statutory and • Activate the inspection workflow function actual inspections, and specify relevant laws and within the e-platform to allow for document- regulations mandating all types of inspections ed and coordinated building inspections. and their specific objectives. A comprehensive • Accelerate the link with the cadastral system process mapping would inform a streamlining and the Department of Survey. and re-engineering of building inspections in • Link the e-permitting platform with local zon- major urban jurisdictions. It should be consistent ing requirements. with the objectives of the new Built Environment Bill and clearly delineate the responsibilities of 6. Promote the incremental roll-out of the each entity. e-permitting system in county governments. The architecture behind the e-permitting system Building inspection checklists should also be in- in Nairobi, Mombasa, Kisumu and Kiambu can troduced to limit inter-institutional overlap and be easily re-configured for other counties’ build- reduce discretionary decisions. These checklists ing code administration systems. Based on the could be paper-based or integrated into a Mobile experience of KICP, it takes roughly five to eight Application. In counties with e-permitting sys- months to roll out the e-platform solution in a tems in place, building inspections should also be new county building department. Future recon- scheduled, coordinated and documented through figuration and implementation is expected to be the platform.193 less costly and take less time, since the required seed capital has already been used in developing 8. Develop a risk classification system for the application in other counties. buildings to enable a more efficient prior- itisation and allocation of resources for There are already plans under KICP Phase II to building site inspections. With methodological roll out the platform in eight additional counties. support from the MTIHUD, county governments To exploit economies of scale, counties will re- should take steps to develop a comprehensive ceive support in regional economic blocs rather and practical classification of buildings. The than on a standalone basis. This effort should be widely supported as it can increase building code 193    See ICC’s Code Checklist for an example of a highly administration efficiency, reduce compliance illustrated inspection checklist. 54 MA NAG ING RIS KS FO R A SA FER B UILT ENV IRO NMENT IN KENYA classification would determine the level of prior- should provide counties with the necessary guid- itization and allocation of scarce inspection re- ance and standards to upload their data to the sources based on level of risk. The classification nationally managed platform. should be unified to create one simplified cate- gorization of buildings and construction works, Communication Strategies combining elements of size, use and location in a risk-based approach. 11. Communicate changes associated with innovations in regulatory activities. Reforms County Development Planning associated with regulatory processes frameworks should place strategic communications at the 9. Integrate hazard maps into county spa- heart of the process. The MTIHUD and the MLPP tial plans, particularly for seismic, flood and could jointly initiate and manage a strategic landslide risks. With the leadership of the coun- communications campaign aiming at different ty planning units, and with support from national stakeholders groups, including building designers, authorities such as the MLPP and Ministry of builders, county regulators buildings trades, com- Environment and Forestry (MoEF), local haz- munities and the general public. A successful com- ard maps should be identified and/or developed munications campaign should be sustained over and integrated into county spatial plans. Prior- time and seek feedback from the same target groups ity should be given to areas of potential urban in order to maintain efficiency and innovation. extension in order to orient new settlements to safer sites and avoid unregulated development. A short-term priority should be to gather and review existing data and research materials currently in the public domain. A similar effort must be un- dertaken to execute hazard mapping for existing settlements so that priorities can be established for retrofit and relocation. The MLPP has a central role in strengthening the capacity of county planning departments. The Ministry is currently developing County Planning Guidelines and will support counties in the devel- opment of their spatial plans. This support should include guidance for local hazard-mapping. Ur- ban areas subject to high growth and rapid trans- formation should be prioritised. 10. Make risk-informed land use maps avail- able online to all citizens. Counties should en- sure risk-informed zoning maps are available on- line. This information should be readily available to the public without having to make a physical trip to the planning agency. These maps should be uploaded to the KNDSI and displayed on a Web- GIS website. The MLPP, overseeing the KNDSI, 55 6. Summary of Recommendations The following tables provide the report’s recom- mendations as explained in their corresponding chapters. These recommendations are framed as specific activities or tasks, which should be the responsibility of one or several institutions, and categorised as follows: Activities which must be carried out, starting immediately. Generally, these Short-Term activities should be completed within a one-year time span. Medium – Activities whose implementation will take a longer time period – even up to three Long Term years. However, starting these activities as soon as possible will yield benefits. NATIONAL LEGISLATIVE AND INSTITUTIONAL FRAMEWORK Recommendations S M-L Strengthen and pass the Built Environment Bill referencing the new Building Regulations. Strengthen and pass the Physical Planning Bill. Conduct a detailed legal review to streamline national legislation related to building control. Implement measures consistent with the provisions of the Fire Safety Management Policy. Support a national level training curriculum targeting regulatory personnel in county building departments. Scale up the training provided by the National Construction Authority and Competency Based Training Assessment for building contractors and construction workers. Assign responsibility to Government ministries for the development, collation and application of hazard-maps with a focus on floods, landslides and seismic risks. 56 MA NAG ING RIS KS FO R A SA FER B UILT ENV IRO NMENT IN KENYA BUILDING CODE DEVELOPMENT AND MAINTENANCE Recommendations S M-L Finalise the 2011 Building Regulations by organising a new round of technical consultations involving private practitioners and relevant public stakeholders. Address current technical gaps in the draft Building Regulations, including those outlined in this report. Support the adoption of the Eurocodes by integrating them into the Kenyan building standardisation system and by finalizing the Nationally Developed Parameters (NDPSs). Establish a systematic and inclusive technical process for the Building Regulation’s future maintenance, publication and distribution. LOCAL GOVERNMENT IMPLEMENTATION Recommendations S M-L Initiate human resource capacity needs assessments to inform staffing plans in county building authorities. Require minimum academic and professional qualifications for local government building code officials and introduce new incentives to retain the services of qualified engineers and architects. Consider leveraging resources from private sector to strengthen the capacity for plan reviews and inspections. Adjust permitting fees in Kenya to allow cost recovery for the delivery of building regulatory services. Add additional functions to the Nairobi e-platform to support more efficient building code administration such as digital signatures and mechanisms to coordinate and document inspections. Promote the incremental roll-out of the e-permitting system in county governments. Reorganise building inspections to minimise overlaps across national and local level agencies. Develop a risk classification system for buildings to enable a more efficient prioritisation and allocation of resources for building site inspections. Integrate hazard maps into county spatial plans, particularly for seismic, flood and landslide risks. Make risk-informed land use maps available online to all citizens. Communicate changes associated with innovations in regulatory activities, placing strategic dissemination at the heart of the process. 57 7. Conclusion and Next Steps In many ways, Kenya is at a crossroads in its ef- governments and be submitted to Parliament as forts to urbanise and develop towards middle soon as the process allows. The Bill should be income status. By 2050, projections suggest that benchmarked against international best practice, about half the population will be living in cities. To including the examples of best practice refer- date, this urbanisation has been characterised by enced in this report. For example, the Bill should informality, low density development and urban clearly define the roles and responsibilities of sprawl. In order to encourage resilient urbanisa- national and county institutions through one set tion, building and land use regulations need to be of consistent legal provisions. effectively implemented across the country. The regulatory decisions made now will have a signifi- 2. Update, finalise and promulgate the Build- cant impact on the long-term safety, productivity ing Regulations 2011 (building code) and resilience of the urban built environment. The MTIHUD should initiate a new round of The Government of Kenya has launched several consultations including the public sector, private initiatives to strengthen the building regulatory sector, building professionals, builders, building framework. Many of these initiatives have been owners and building occupants, as well as those started but have yet to be finalised and legislat- with expertise on health, safety and disaster risk. ed. The Government of Kenya must maintain the The MITHUD should consult with local and inter- momentum behind this agenda in order to pro- national experts to ensure that the draft national mote safe and resilient urbanisation. This report build code is aligned with international best prac- provides several recommendations as to how the tice. Government of Kenya can strengthen the coun- try’s building regulatory framework. Given the high level of informal construction across Kenya, it should be a priority to reference While all the recommendations included in and provide guidance for prevalent forms of the report promote important components of a non-engineered and incremental construction. comprehensive building regulatory framework, This process must build on the valuable experi- there are four activities that should be priori- ence of “Code 95.” tised. When implemented, these activities would provide a solid foundation for future regulatory 3. Clarify the roles and responsibilities of the reform. national and county governments for plan review, inspections and permitting 1. Enact the Built Environment Bill The role and responsibility of national agencies This process should involve continued consulta- such as the NBI and the NCA needs to be clari- tion and dialogue with the building professional fied in relation to county Governments. Based community and other representatives of county 58 MA NAG ING RIS KS FO R A SA FER B UILT ENV IRO NMENT IN KENYA on interviews with stakeholders,194 there is also ernment should assess the feasibility of the MTI- an expectation that the Built Environment Bill HUD or the NCA delivering the training to county will include provisions for the establishment of a regulatory personnel. single centralised building regulatory agency, the Building Authority of Kenya (BAK). If the BAK is Figure 13 outlines these four activities and high- established, the institutional arrangements be- lights opportunities for technical assistance. The tween the BAK and county-level institutions will World Bank will continue working with the Gov- also need to be clarified. ernment of Kenya to determine what technical assistance and investment can be dedicated to 4. Initiate a training program for building pushing forward this critical agenda in order to regulators promote safe and resilient construction across the country. The Government of Kenya should provide pro- fessional training for plan review, inspection, per- mitting and enforcement to ensure the adequacy of local building code implementation. The Gov- 194    BRCA Interview, Department of Housing, MTIHUD, March 2016. Figure 13: Priority Activities and Opportunities for Technical Assistance Source: World Bank, BRCA Analysis, 2018 59 Annexes Annex 1: Mapping of Kenya’s Legislation and Regulation Related to Building Development Control at Each Step of the Building Life Cycle Sub-Cycle 01: Siting Updated on 03/12/2018 Applicable law Detailed sections The Local Government (Adoptive By- S.17(1) Space in front of buildings, S.18 Side Spaces. Laws) (Building) Order 1968 The Local Government (Adoptive By- S.4 Approval when the land is not suitable, S.7 Minimum Size Laws) (Grade II Building) Order 1968 of the premise. S.24(2) Preparation of local physical development plan, S. 25 The Physical Planning Act,1996 Content of local physical development plan, Second Legal Basis Schedule. S.3 Vetting of building plans, S.4 Terminal features, S.5(2)(c) Sites of public building / Safety, S.6 Front storage, S.7 The Physical Planning (Building and Density, S.8 Plot coverage, S.12 Building lines, S.13 Back to Development) (Control) Rules, 1998 back dwelling, S.17 offensive sites, S.18 Space in front of the buildings, S.21 External passage, S.23 Service Area. S.15 Requirements when subdivision schemes are The Physical Planning (Subdivision) submitted, S.15 (c) Reserves along river, reserves along Regulations, 1998 ocean. S. 49(1)(a) Structures and other works on, over, and below The Kenya Roads Act, 2015 roads or certain other land. Institutions Involved Relevant Institutions Nairobi City County Inspections on site and zone planning. The Urban Planning Sub-Sector of Urban Planning Department of the Nairobi City Council is the one in charge to develop the local development plans. 60 MA NAG ING RIS KS FO R A SA FER B UILT ENV IRO NMENT IN KENYA Sub-Cycle 01: Siting (Detailed) Applicable Laws Detailed sections Section Nr. Text 17. (1) A domestic building shall be so sited as to leave an open space immediately in front thereof which extends along the whole width of the front of the building and is not less than 20 ft. wide measured at right angles therefrom: Provided that if the building fronts on a street of a less width than 20 ft. the width of such open space may be not less than the width of the street plus on half of the Section 17 difference between that width and 20ft. (2) Any part of the open space referred to in paragraph (1) of this by-law, which lies within the plot, shall be free from any building thereon above the level of the ground, except a fence, wall or fate not exceeding 4 ft. or a portico, porch, The Local Government step or other like projection from the building. (Adoptive By-Laws) 18. (1) A building which is designed either wholly or in part (Building) Order, 1968 for residential purposes shall be provided on at least one side with an open space 8ft or more in width measured from the boundary of the nearest plot facing that side at right angles to the nearest point of the building thereto. (2) The open space required by paragraph (1) of this by-law, shall extend along the entire length and for the full height of Section 18 the said building. (3) Notwithstanding the provisions of this by-law, the council may give consent to the erection of such a building so sited as to leave no such open space, if in its opinion it is reasonable and desirable to do, and may, Legal Basis for like reasons, permit the erection of a garage or other out-buildings on the said open space. 4. The council shall not approve the erection of any building which is to be erected in contravention of these By-laws or where- (a) the land concerned is unsuitable for any reason for the development purposes; (b) that the plot is located outside the boundaries of an existing or proposed Section 4 municipality, township, trading center, market or residential area; (c) the proposal conflicts with the proper planning of the area; (d) the site concerned forms part of an area for which an approved comprehensive layout is, in the opinion of council, desirable. The Local Government 7. (1) Except where otherwise approved by the Commissioner of Lands, no plot shall be less than 2,800 sq. (Adoptive By-Laws) (Grade ft. in area and not more than a quarter of one plot shall be II Building) Order, 1968 built upon. In calculating the area of the plot which is built upon, the verandah or any part of the plot which is not open to the sky shall be included. (2) No building shall be erected within 5 ft. of a boundary of the plot on which it stands Section 7 unless the council expressly so authorizes in any particular case: Provided that- (i) a latrine may be sited on the line of a back boundary or on a side boundary of a plot if it forms part of a semi-detached building containing any other latrine on an adjoining plot; and (ii) buildings constructed of grass or other inflammable material shall be sited not less than 10 ft. from any side boundary. 24.(2) A local physical development plan may be a long- term or short-term physical development or for a renewal or The Physical Planning Act, Section 24 redevelopment and for the purpose set out in the Third 1996 Schedule in relation to each type of plan. 61 25. A local physical development plan shall consist of— (a) a survey in respect of the area to which the plan relates carried out in such manner as may be prescribed; and (b) The Physical Planning Act, such maps and description as may be necessary to Section 25 1996 indicate the manner in which the land in the area may be used having regard to the requirements set out in the Third Schedule in relation to each type of local physical development plan. 3. (1) Any person intending to erect a new building or re- erect an existing building shall comply with the provisions of the existing building code, local authority by-laws and the physical planning requirements and such conditions as may be imposed by the approving authority regarding the Section 3 siting, size, height, shape and appearance of such building in order to safeguard, maintain or impose the dignity or preserve the amenity and general appearance of street, square, or public place or have effect on the complemented appearance of such street, square or public place. 4. A person owning a plot upon which a building may be so sited as to form a terminal feature to a street or which may otherwise be prominently displayed shall site such building in such position as the local authority in consultation with Section 4 the Director of Physical Planning may decide and that person shall comply with such stipulations as may be imposed with regard to siting, size, height, shape and appearance of such building. (2) The Director of Physical Planning may refuse to Legal Basis The Physical Planning recommend the site mentioned in subsection (1) on the Section (Building and Development) 5(2)(c) grounds that— (c) the site does not sufficiently provide for (Control) Rules, 1998 the safety of persons frequenting such public building or the general public. 6. (1) No building shall be erected on any plot or sub-plot which has no proper and sufficient frontage to a street, such street not being a sanitary lane or passage. (2) No building shall, except with the prior written permission of Section 6 the Director of Physical Planning, be so erected as to have its principal access to or its principal frontage abutting on a service lane, alley or passage. (3) No means of access from a service lane for use by the public shall be permitted in any premises used for retail trade, coverage. 7. (1) The size of plot within the area shown on any structure plan, development plan, advisory plan, zoning plan, subdivision plan approved by the Minister and Section 7 adopted by the local authority shall not be subdivided into smaller sub-plots than the minimum specified thereon for the area within which the plot is situated without the consent of the Director. 8. Each local authority shall in consultation with the Director determine the plot coverage and plot ratios depending on Section 8 the zoning of the urban area and the level of urban services available. 12. (1) The Director may prescribe a building line on any road to be such distance from the road reserve boundary as the Director may deem expedient for preserving the Legal Basis amenity of the road. (2) No person shall erect any building The Physical Planning other than a boundary wall or other fence nearer to the road (Building and Development) Section 12 than such building line may be so prescribed: Provided that (Control) Rules, 1998 at the discretion of the Director of Physical Planning such building line may vary in distance from the road boundary throughout a road or part thereof: Such building line shall generally be in accordance with the specification described below— (a) where roads range between 6 m.—18 m. in 62 MA NAG ING RIS KS FO R A SA FER B UILT ENV IRO NMENT IN KENYA width the building line shall be 6 m; (b) for any road above 18 m. in width the building line shall be 9 m. 13. (1) No person shall erect a building in such manner as Section 13 to provide any back-to-back dwelling. 17. No building shall be erected on any site which has been The Physical Planning made up or filled up by offensive or in sanitary materials on (Building and Development) which has been used for the deposit of the refuse, (Control) Rules, 1998 Section 17 excrementious materials or carcasses of dead animals or other filthy or offensive matter until such site has dealt with to the satisfaction of the Medical Officer of Health, Chief Materials Engineer, Environment Officer and the Director. 18. (1) A domestic building shall be so sited as to leave an open space immediately in front thereof, which space shall extend throughout the whole width of the front of the building to a distance of not less than 6 m. (20 ft.) measured at right angles therefrom: Provided that, if the building fronts on a street of lesser width, the width of such open space may be not less the width of the street, Section 18 together with one half of the difference between that width and 6 m. (20 ft.). (2) Any part of an open space left as aforesaid which lies within the plot shall be free from erection above the level of the ground, except a fence or wall not exceeding 1.4 m. (4.6 ft.) in height or a portico, The Physical Planning porch, step or other like projection from the building or a (Building and Development) gate. (Control) Rules, 1998 21. Any passage between buildings erected on the same plot or between a building and the boundaries of the plot on Legal Basis Section 21 which such building is situated, shall have minimum dimensions of 1.2 m. (4 ft.) in width and 2.1 m. (7 ft.) in height. 23. A person erecting a building shall provide to the satisfaction of the local authority in consultation with the Director, a service area for the security serving that Section 23 building, loading and unloading of vehicles, dustbins, and such other purposes as the Director of Physical Planning may require, and the means of the access thereto shall be of a width not less than 3 m. (10 ft.). 15. In any scheme of subdivision of land within the area of a local authority the following conditions shall be complied with— (a) streets shall be laid out in a manner to facilitate natural storm water flow; (b) adequate drainage facilities by streets, drainage reserves wayleaves or otherwise as may be expedient and suitable shall be provided and such reserves and wayleaves shall not in any case be less than 3 The Physical Planning meters in width; (c) wayleaves or reserves along any river, stream or water course shall be provided of not less than (Subdivision) Regulations, Section 15 Legal Basis 10 meters in width on each bank, except in areas where 1998 there is an established flooding; (d) reserves along the ocean and lake beaches shall be provided of not less than 2 km. and 1 km. respectively; (e) where required by the local authority and the Director of Physical Planning, land suitable and adequate shall be reserved at no cost to the local authority for open spaces, amenities, recreational facilities, road reserves, public purpose relative to the area to be subdivided and for road widening. 49. (1) Except as provided in subsection (2), no person or body may do any of the following things without the responsible Authority’s written permission or contrary to The Kenya Roads Act, 2015 Section 49 such permission— (a) erect, construct or lay, or establish any structure or other thing, on or over or below the surface of a road reserve or land in a building restricted area. 63 Sub-Cycle 02: DESIGN Updated on 03/12/2018 Applicable law Detailed sections The Public Health Act, 1921 S.126C Passing or rejection of plans and retention of plans, etc. The Public Health (Drainage and (All sections are relevant) Latrine) Rules S.49 Ventilation, S.50 Lighting, S.51 Drainage of floors, S.52 Sanitary Convenience, S.60 Construction and maintenance of fencing, S.61 The Occupational Safety and Construction and disposal of machinery, S.63(2) Hoist and lifts, S.65 Health Act, 2007 Cranes, S.78 Fire Prevention, S.81 Safety provisions in case of fire, S.125 Approval of plans of a workplace premise. Part I. Introductory (S.3 DefinitionS.4 Application form, S.5 Submission of plans, S.6 Fees, Part II. Siting and space about building, Part III. Buildings Materials (Building sites, Foundations, General Load-Bearing Requirements, Walls, Walls and Partitions of Blocks and Slabs, Walls – Resistance to Weather and Damp, Fire Resistance – General, Fire The Local Government Resistance – Small Houses, Fire Resistance – Miscellaneous Provisions (Adoptive By-Laws) (Building) Applying to all Buildings, Roofs, Floors, Chimneys, Flues and Hearths, Legal Basis Order 1968 Factory Chimney Shafts, Stairs, Lifts, Refuse Disposal, Water Supply, Ventilation of Buildings, Drainage, Sanitary Conveniences, Sewers, Septic and Conservancy Tanks, Means of escape in case of fire, Scheduled Special Areas and Special Buildings), S.124 Registered architect and structural engineer, S.127 application of by-laws 124, 125, 126. S.8 Latrine, S.9 Dwelling House, S.10 Habitable rooms, S.11 Kitchen, The Local Government S.12 Bathroom, S. 13 Windows, S. 14 Ventilation, S. 15 Surface Water, (Adoptive By-Laws) (Grade II S. 16 Fence, S.18 Foundations, S. 19 Walls, S.20 Floors, S. 21 Roof, S. Building) Order 1968 22 Frames of doors and shutters. The Factories and Other Places S.11 Ventilation, S.17 Fire escape exits, S.28 Fire detection appliance, of Works (Fire Risk Reduction) S.33 water Storage. rules, 2007 The Environmental Management and co-ordination Part VI. Environmental Impact Assessment, Schedule II. Act, 2000 The Environmental (Impact ass. Part II and III, Fifth Schedule. Fees. and audit) Regulations, 2003 Fourth Schedule, Part 2, S. 8: County planning and development, (…), S.42 Clean and healthy environment, S.43 accessible and adequate The Constitution of Kenya, 2010 housing. Differences with the Act (only for public buildings), BB87 of the 2009 building is against constitution. The Architect and Quantity S.7 Qualification for registration as architect, S.8. Qualifications for Surveyor Act, 1978 registration as quantity surveyor. The Engineers Act, 2011 S.24 Accredited checkers. S.29 Powers of local authorities, S.30 Development permission, S.31 Legal Basis Development application, S.32 Development applications to be referred The Physical Planning Act,1996 to the Director, S.33 Approval of development application, S.36 Environmental impact assessment, S.47 Preservation of buildings of Special Architectural value or historic interest, Fourth Schedule. The Physical Planning (Planning and endorsement fees) S.3 Planning fees. Regulations, 1998 The Physical Planning (Application for development S.4 Development Permission, S.5 Consultations. permission) Regulations, 1998 The Physical Planning Building S.30 What constitutes erection of buildings, S.33 Planning grounds for and Development (Control) refusal of building plans. Rules, 1998 64 MA NAG ING RIS KS FO R A SA FER B UILT ENV IRO NMENT IN KENYA The Physical Planning Order, S.8(2) Application in principle. 1998 S.49(1)(a) Structures and other works on, over, and below roads or Legal Basis The Kenya Roads Act, 2015 certain other land. The Streets adoption Act, 1963 S.5 Conditions may be imposed by local authority The Persons with Disabilities S.21 Accessibility and mobility, S.22(1) Public buildings Act, 2003 S.40 Agreement for protection or preservation of monuments of The National Museum and monuments, S.41 Enforcement of agreement for protection of Heritage Act, 2006 monuments 65 Institutions Involved (Activity 01) Obtain the Survey Plan Ministry of Land and Physical Planning 1. Request for Folio Registry number search, 2. Pay for Folio Registry number search, 3. Submit search payment receipt. 4. Confirm Department of survey availability of survey plan, 5. Pay for survey plan, 6. Obtain survey plan. (Activity 02) Obtain the environmental Impact Assessment National Environment Management Authority Relevant Institutions 1. Submit Terms of reference, 2. Obtain terms of reference approval, 3. Register with Nema licensing portal Online procedure 4. Submit EIA study report Online procedure 5. Submit hard copies of the study Compliance and Enforcement report 6. Obtain notice for gazettement, 7. Submit notice for Department gazettement, 8. Obtain proforma invoice, 9. Pay for gazettement, 10. Pay for gazette notice, 11. Obtain gazette notice, 12. Submit evidence of advertisement, 13. Obtain EIA license (Activity 03) Obtain the Approval for Development Nairobi City County 1. Register with Nairobi City County self-service portal, 2. Submit architectural plans, 3. Pay for permit fees, 4. Obtain architectural 1. Sub-Sector of Urban plans approval notification through the scrutinization of the technical Planning / Development commission (Sectors of the city council (Health Services - Planning, Management and Lands, Housing and Urban Renewal - County Security, Compliance, regularization Directorate / Fire and Disaster Management - Transport, Roads and Public Works), Development Control Section The Kenya institute of planners, The architectural association of 2. Sub-Sector of Public works / Kenya, Board of engineers, The board of surveyors, Kenya Power, Structural Review Section Nairobi Water, NEMA), 5. Submit architectural plans for signing, 6. 3. Reviewing Committee Obtain authenticated architectural plans and construction permit, 7. 4. Technical Committee Submit structural plans, 8. Obtain structural plans approval 5. Executive Committee notification, 9. Submit structural plans for signing, 10. Obtain authenticated structural plans 66 MA NAG ING RIS KS FO R A SA FER B UILT ENV IRO NMENT IN KENYA Sub-Cycle 02: DESIGN (Detailed) Applicable law Detailed sections Section Nr. Text 126C. Passing or rejection of plans and retention of plans, etc. (1) Where plans of any proposed work are, in accordance with any building by-laws made under section 126A, deposited with a local authority, the local authority shall, subject to any other provisions of this Act, or any rule or By-law made thereunder The Public Health Act, Section 126 which expressly requires or authorizes it in certain cases to 1921 reject plans, pass the plans unless they either are defective, or show that the proposed work would contravene any of those rules or by-laws, and, if the plans are defective or would contravene any of those rules or by-laws, such local authority shall reject the plans. The public health (Drain. and Latrine) (All sections are relevant) Rules 49.(1) An occupier shall ensure that effective and suitable provision is made for securing and maintaining, by the Section 49 circulation of fresh air in each workroom, the adequate ventilation of the room. 50.(1) An occupier shall ensure that effective provision is made for securing and maintaining sufficient and suitable lighting, Section 50 whether natural or artificial, in every part of his workplace in which persons are working or passing. Basis 51. Where any process is carried on which renders the floor liable to be wet to such an extent that the wet is capable of Section 51 being removed by drainage, effective means shall be provided Basis and maintained for draining off the wet. Legal 52. (1) Sufficient and suitable sanitary conveniences for the persons employed in the workplace shall be provided, Legal maintained and kept clean, and effective provision shall be made for lighting the conveniences; and, where persons of Section 52 both sexes are or are intended to be employed (except in the case of workplaces where the only persons employed are The Occupational members of the same family dwelling there), such Safety and Health Act, conveniences shall afford proper separate accommodation for 2007 persons of each sex. 60. All fencing or other safeguards provided in pursuance of the provisions of this Part shall be of substantial construction, Section 60 constantly maintained and kept in position while the parts required to be fenced or safeguarded are in motion or in use. 61. (2) An importer, manufacturer, designer or supplier of machinery, plant, and equipment shall avail information concerning the correct installation, use, maintenance and Section 61 disposal of the machinery, plant and equipment and provide information on any likely hazards and means to prevent or control them. 63. (2) Every hoist or lift shall be thoroughly examined at least once in every period of six months or after any modifications or extensive repairs or within a shorter period, by a person approved for the purposes of this section by the Director by Section 63 certificate in writing, and a report of the result of every such examination, in the prescribed form and containing the prescribed particulars, shall be signed by the person carrying out the examination and shall be entered in or attached to the general register within fourteen days of the examination. 65. (1) All parts and working gear whether fixed or movable, The Occupational Basis Legal including the anchoring and fixing appliances, of every lifting Safety and Health Act, Section 65 machine shall be of good construction, sound material, 2007 adequate strength and free from patent defect, and shall be properly maintained. 67 78. (1) All stocks of highly inflammable substances shall be kept either in a fire-resisting store or in a safe place outside any occupied building: Provided that no such store shall be so Section 78 situated as to endanger the means of escape from the workplace or from any part thereof in the event of a fire occurring in the store. 81. (1) In every workplace or workroom there shall be: (a) provided and maintained, and conspicuously displayed and free from any obstruction so as to be readily accessible, means for extinguishing fire, which shall be adequate and suitable having regard to the circumstances of each case; and (b) present, persons trained in the correct use of such means of Section 81 extinguishing fire during all working hours. (2) Every workplace shall be provided with adequate means of escape, in case of fire, for the persons employed therein, having regard to the circumstances of each case. (3) All the means of escape referred to in subsection (2) shall be properly maintained and kept free from obstruction. 125. (1) No building shall be erected or converted for use as a workplace and no structural alteration and no extension shall Section 125 be made to any existing workplace except in accordance with plans showing details of the proposed construction, Legal Basis conversion, alteration or extension, approved by the Director. 3. (2) For the purpose of these By-laws any of the following operations shall be deemed to be the erection of a building: (a) the re-erection of any building or part of a building when an outer wall of that building or, as the case may be, that part of such building has been pulled down, burnt or damaged; (b) the roofing over of any open space; (c) the alteration or extension of a building; (d) the erection, alteration or extension of a chimney shaft Section 3 (e) changing of the use or uses to which land or a building is put; (f) increasing of the use or uses to which land or a building is put; The Local Government (g) the carrying out of any drainage work; (Adoptive By-Laws) (h) the installation of any fittings to which by-laws 143 to 149 or (Building) Order 1968 by-laws 167 to 179 of these By-laws refer; (i) the formation or laying out of an access to a plot; 4. A person who intends to erect a building shall submit a written application to do so in such form as the council may require, completing all details required therein in so far as they apply to the proposals. The application form shall be completed in ink, signed by the developer or by a person Section 4 representing himself to be his duly authorized agent in which event it shall state the name of the person on whose behalf it has been submitted. The form shall be attached to any plans or documents submitted in accordance with by-law 5 of these By-laws. 68 MA NAG ING RIS KS FO R A SA FER B UILT ENV IRO NMENT IN KENYA 5. A person who intends to erect a building or materially change the use of a building or part of a building shall furnish the council in the manner provided in Part A of the First Schedule to these By-laws with such of the following particulars as are applicable: (a) if the building is one for which the council may relax in whole or in part, the provisions of these By-laws as provided for in by-laws 11 to 14 of these By- laws, the particulars specified in Part B of the First Schedule to these By-laws; (b) if the building is a chimney shaft to which by-laws 120 to 123 of these By-laws apply, the particulars specified in Part C of the First Schedule to these By-laws; (c) if the building is an alteration or extension to an existing building, the particulars specified in Part D of the First Schedule to these By-laws, and if so required by the council, the particulars The Local Government specified in Part E of the First Schedule to these By-laws or in (Adoptive By-Laws) Section 5 the case of a chimney shaft, the particulars specified in part C (Building) Order 1968 of the First Schedule to these By-laws.(d) if the building constitutes a change of use or uses, the particulars specified in Part F of the First Schedule to these By-laws and any particulars which may be required under paragraph (c) of this by-law; (e) if the building constitutes drainage work or the installation of any fittings referred to in by-law 3 (2) (h) of these By-laws, the particulars specified in Part G of the First Schedule to these By-laws; (f) in the case of any other building, the particulars specified in Part H of the First Schedule to these By-laws and if the council so requires the Legal Basis particulars specified in part E of the First Schedule to these By- laws: Provided that the particulars specified in Part E of the said Schedule shall not be so required in respect of any work to which by-law 44, by-law 49 (b) or by-law 51 (2) of these By- laws apply. 6. (1) When a person submits an application pursuant to these By-laws a fee shall be paid to the council in accordance with the charges and conditions prescribed in the Tenth Schedule Section 6 to these By-laws. (2) Where structural drawings are required as referred to in Par E of the First Schedule to these By-laws at the time of submission, a fee shall be paid to the Council as prescribed in the Tenth Schedule to these By-laws. PART II (All sections are relevant) PART III (All sections are relevant) 124. Unless the council otherwise agrees, a person proposing to erect a building of a type described in by-law 127 of these By-laws shall employ for the purpose of the architectural The Local Government Section 124 design thereof, a registered architect, and for the purpose of (Adoptive By-Laws) the structural design thereof, a structural designer and shall (Building) Order 1968 retain the services of such architect or structural designer for the purpose of supervising the erection of such building. 127. The buildings to which by-laws 124, 125 and 126 of these By-laws apply are- (a) any domestic, warehouse class or public buildings of four or more storeys or in which provision is made for future development of such number of storeys; (b) any warehouse class or public building having no floor other than Section 127 the ground floor and in which the height from the ground to the eaves or to the underside of the roof slabs exceeds 20 ft. and the roof span exceeds 30 ft.; (c) any warehouse class or public building in which any suspended structural floor panel exceeds 20 ft. in span; and (d) any public building in which a balcony is provided for the purposes of public assembly. 69 8. (1) Every dwelling house must be provided with a latrine of a type approved by the council. (2) A pit latrine shall be at least 20 ft. in depth from ground level to the bottom of the pit, and shall be provided with a roof the height of which shall be at least 6 ft. in. from the floor to the underside of the roof or Section 8 ceiling. A pit latrine shall also be provided with a concrete stance and with a fly-proof cover. (3) A latrine shall be sited in a position approved by the council and shall not be nearer than 30 ft. from any habitable room, or room used for the preparation, cooking or storage of food. 9. Every dwelling house shall consist of at least one habitable room in addition to a kitchen, ablution and privy Section 9 accommodation for the exclusive use of the occupants of the house. 10.(1) Where a ceiling is provided, the average height of a habitable room shall be not less than 7 ft. 9 in. with a minimum height of 7 ft. Where a ceiling is not provided the average height measured to the underside of the roof covering shall be Section 10 not less than 8 ft. 3 in. with a minimum height of 7 ft. (2) Every habitable room shall have a superficial area of not less than 75 sq. ft., with a minimum width of 6 ft. 6 in. and shall contain a minimum area of 40 sq. ft., for each person accommodated therein. 11. The area of the kitchen shall not be less than 25 sq. ft. and not less than 7 ft. in height at any point from the floor to the Section 11 underside of the roof or ceiling and shall have a satisfactory Legal Basis The Local Government outlet for smoke and fumes and be lighted and ventilated in accordance with by-laws 13 and 14 of these By-laws. (Adoptive By-Laws) 12. The bathroom shall be at least 2 ft. 6 in. by 4ft. 6 in. and if (Grade II Building) roofed, shall be provided with lighting and ventilation in Order 1968 accordance with by-laws 13 and 14 of these By-laws. The minimum height of any such bathroom, from the floor to the Section 12 underside of the roof or ceiling shall not be less than 6 ft. 6 in. and adequate provision shall be made for the disposal of all waste water by means of a trapped and properly covered soak pit or other method approved by the council. 13. Every habitable room, kitchen, roofed bathroom and latrine shall be provided with sufficient number of windows opening to the external air so as to provide a clear lighting area equal to at Section 13 least one-tenth of the floor area of such room, and of which at least one-twentieth of the floor area shall be capable of being opened. 14. Every habitable room, kitchen, roofed bathroom and latrine shall be provided with permanent through or cross ventilation by means of openings which shall give direct access to the Section 14 external air and the aggregate area of any such openings shall be equal to at least one-hundredth of the floor area of any such room. 15. Surface water drainage shall be provided to the satisfaction Section 15 of the council. 16. If so required, by the council, the owner of the plot shall Section 16 cause the plot to be fenced in such manner and by the use of such material as may be required by the council. 18. Foundations shall be adequate to support the load Section 18 transmitted to them and be generally to the satisfaction of the council. 70 MA NAG ING RIS KS FO R A SA FER B UILT ENV IRO NMENT IN KENYA 19. No walls shall be constructed to a lower specification than wattle or similar timber adequately framed together and filled and covered with mud. Such walls shall be capable of supporting the roof. The covering shall be of adequate thickness and the surface internally and externally shall be Section 19 sealed and brought to a smooth finish in materials approved by the council and decorated and maintained in a sound and good condition and be redecorated from time to time as required by the council: Provided that the council may specify the materials to be used in constructing and finishing the walls. 20. Every floor shall have a smooth finish and shall be at least 6 The Local Government Section 20 in. above the surrounding ground level. A floor shall be (Adoptive By- constructed of concrete, compacted earth or such other materials as approved by the council. Laws)(Grade II 21. Every roof shall be of corrugated iron, aluminum, asbestos Building) Order 1968 or other permanent materials or shingles as may be required by council and shall be supported on an adequate frame of poles, Section 21 timber or similar material. Any material used shall be in good condition and the roof shall be so constructed as to be weatherproof and regular in shape and the pitch of the roof shall conform with the council's requirements. 22. Frames of doors and shutters shall be constructed in such Section 22 a way as to be rigid and shall be firmly fixed in the walls. 23. Bathrooms and latrines and each habitable room shall be provided with doors or shall be screened in a manner approved Section 23 by the council. Such doors shall be at least 2 ft. 3 in. wide and Legal Basis 6 ft. 6 in. high. 11.(1) Every occupier shall provide in every workroom, facilities for free flow of fresh air, including windows, doors, vents, louvers or any other suitable ventilation facility to ensure that Section 11 flammable fumes, vapor, gases or dust do not accumulate in the workroom. (2) In the case of an enclosed room, every occupier shall ensure that exhaust ventilation systems or mechanical ventilation facilities are provided. 17.(1) Every occupier shall ensure that every work room is fitted with an emergency exit of at least 90 cm wide, situated as far away as possible from the ordinary exit, and located in a manner that the exit will not lead any person to a trap in the work place in the event of a fire breaking out. (2) Every occupier shall ensure that an external staircase or ramp affording a means of escape in case of a fire is adequately Section 17 aerated, well-lit and of at least one-meter width, provided that Fire Risk Reduction a spiral staircase shall not be considered as a suitable Rules, 2007 emergency exit. (5) Every occupier shall ensure that every emergency exit route is clearly marked in writing or by signs indicating the direction of exit and that a drawing or map showing evacuation routes shall be posted in prominent positions in the work place. 28.(1) Every occupier shall provide and maintain fire detection appliances. (2) Every occupier shall ensure that fire detection appliances are located in the appropriate places for immediate activation of an alarm or automatic fire extinguishing systems. (3) Every occupier shall ensure that– (a) fire detection Section 28 appliances are connected to audible and visual flashing devices to provide a warning to the workers for emergency response; and (b) fire detection appliances are regularly maintained and that they are inspected at least once every twelve months by a competent person. 71 33. (1) Every occupier shall ensure that: (a) the work place has access to water and water storage facility capable of storing at least 10,000 liters of water; (b) the water storage facility is kept full at all times, for use in event of fire; (c) the water pressure in Fire Risk Reduction Section 33 the firefighting system is capable of raising water to the highest Rules, 2007 point of the workplace in the event of a fire; (d) where hose reels are used, and the storage water reservoir is at ground level or underground, an isolated water pump shall be provided. 58. (2) The proponent of a project shall undertake or cause to be undertaken at his own expense and environmental impact Environmental assessment study and prepare a report thereof where the Management and Section 58 Authority, being satisfied, after studying the project report Coordination Act, 2000 submitted under subsection (1), that the intended project may or is likely to have or will have a significant impact on the environment, so directs. Part II THE PROJECT REPORT (all sections are relevant) The environmental (impact assessment Part III THE ENVIRONMENTAL IMPACT ASSESSMENT STUDY (all and audit) Regulations, sections are relevant) 2003 Fifth FEES. See table on document. Schedule Fourth 8. County planning and development, including— (a) statistics; Legal Basis Schedule. (b) land survey and mapping; (c) boundaries and fencing; (d) Part II. housing; and (e) electricity and gas reticulation and energy Section 8 regulation. Every person has the right to a clean and healthy environment, which includes the right— (a) to have the environment protected for the benefit of present Section 42 The Constitution of and future generations through legislative and other measures, Legal Basis Kenya particularly those contemplated in Article 69; and (b) to have obligations relating to the environment fulfilled under Article 70. (1) Every person has the right— (a) to the highest attainable standard of health, which includes the right to health care services, including reproductive health care; (b) to accessible Section 43 and adequate housing, and to reasonable standards of sanitation; (c) to be free from hunger, and to have adequate food of acceptable quality; (d) to clean and safe water in adequate quantities; (e) to social security; and (f) to education. 7. No person shall be registered as an architect unless he— (a) has attained the age of twenty-one years; and (b) either—(i) has had a minimum of five years of approved training followed by at least one year of practical experience in the work of an architect to the satisfaction of the Board, and has passed a prescribed examination; or (ii) has been admitted as a Architect and quantity corporate member of an approved professional institution Section 7 surveyor Act, 1978 whose qualifications for such admission are not less than those set out in subparagraph (i) of this paragraph; and (c) has had a minimum of one year of professional experience in Kenya to the satisfaction of the Board or has satisfied the Board that he has otherwise acquired an adequate knowledge of Kenya building contract procedures; and (d) has paid the prescribed registration fee. 8. No person shall be registered as a quantity surveyor unless he— (a) has attained the age of twenty-one years; and (b) either—(i) has passed a prescribed examination; or (ii) has been admitted as a corporate member of an approved professional Legal Basis institution whose qualifications for such admission include the Architect and quantity Section 8 equivalent of such prescribed examination; and (c) has had a surveyor Act, 1978 minimum of one year of professional experience in Kenya to the satisfaction of the Board or has satisfied the Board that he has otherwise acquired an adequate knowledge of Kenya building contract procedures; and (d) has paid the prescribed registration fee. 24. (1) Subject to subsection (2), the Board may, upon Engineers Act, 2011 Section 24 application, register a person as an accredited checker with 72 MA NAG ING RIS KS FO R A SA FER B UILT ENV IRO NMENT IN KENYA powers to review and verify the work of a professional engineer in ensuring that the work is adequate and complies with safety requirements. 29.Subject to the provisions of this Act, each local authority shall have the power— (a) to prohibit or control the use and development of land and buildings in the interests of proper and orderly development of its area; (b) to control or prohibit the subdivision of land or existing plots into smaller areas; (c) to consider and approve all development applications and Section 29 grant all development permissions; (d) to ensure the proper execution and implementation of approved physical development plans; (e) to formulate by-laws to regulate zoning in respect of use and density of development; and (f) to reserve and maintain all the land planned for open spaces, parks, urban forests and green belts in accordance with the approved physical development plan. 30. (1) No person shall carry out development within the area of Section 30 a local authority without a development permission granted by the local authority under section 33. 31. Any person requiring a development permission shall make an application in the form prescribed in the Fourth Schedule, to Section 31 the clerk of the local authority responsible for the area in which the land concerned is situated. The Physical Planning 32. (1) A local authority to which a development application has Act, 1996 been made under section 31 shall, not later than thirty days Section 32 after the receipt of the application, refer it to the Director for his comments. 33. (1) Subject to such comments as the Director may make on a development application referred to him under section 32, a Legal Basis local authority may in respect of such development application— (a) grant the applicant a development permission in the form prescribed in the Fifth Schedule, with or without conditions; or (b) refuse to grant the applicant such Section 33 development permission stating the grounds of refusal. (2) The local authority shall notify the applicant in writing of its decision within thirty days of the decision being made by it and shall specify the conditions, if any, attached to the development permission granted, or in the case of refusal to grant the permission, the grounds for refusal. 36. If in connection with a development application a local authority is of the opinion that proposals for industrial location, dumping sites, sewerage treatment, quarries or any other Section 36 development activity will have injurious impact on the environment, the applicant shall be required to submit together with the application an environmental impact assessment report. (1) Subject to the provisions of National Museums and Heritage Act, the Director may, after consultation with the Board of National Museums serve on the owner or occupier of a building Section 47 The Physical Planning which in the opinion of the Director is of special architectural Act, 1996 value or historic interest, an order prohibiting the demolition, alteration or extension of such building. Legal Basis Fourth See full application form on corresponding document Schedule 3. The following fees shall be payable in respect of advisory plans or part development plans or subdivision plans prepared The Physical Planning by the Director: (1) For preparation of a part development plan designating land for private alienation where stand premium is (Planning and Section 3 payable, 3 per cent of stand premium. (2) For preparation of endorsement fees) subdivision/advisory plans for agriculture/public Regulations, 1998 purpose/recreational use, fifty shillings for each portion subdivided. (3) For preparation of subdivision/advisory plans for residential use. 73 4. (1) All applications for development permission shall be made on forms issued by the local authority or liaison The Physical Planning Section 4 committee and shall include such particulars and shall be (Application for accompanied by such plans and drawings as may be required development by directions indicated thereon. permission) 5. (1) Before granting permission for development in either of Regulations, 1998 the following cases whether unconditionally or subject to Section 5 conditions, the local authority or liaison committee, shall consult with the following authorities. 30. For the purposes of these Rules any of the following operations shall be deemed to be the erection of a building or Section 30 the carrying out of development— (a) the erection of any new building; (b) the erection of any addition to an existing building; The Physical Planning 33. The Director of Physical Planning shall refuse to Building and recommend any new building or proposed development, or Development (Control) alteration or addition to any existing Rules, 1998 building if— (f) the proposed building or land use is unsuitable, Section 33 injurious to amenities or detrimental in respect of appearance or dignity or fails to comply with physical planning requirements in regard to siting, design, height, elevation, size shape, structure or appearance; 8. (2) Where an applicant so desires, an application (hereinafter called “an application in principle”), may be made under subparagraph (1) of this paragraph for permission for the use of any building or land or for erection of any building, and any approval thereof shall be subject to the subsequent approval of The Physical Planning Section 8 the local authority or liaison committee with respect to any Order, 1998 matter relating to the siting, design or external appearance of the building, or the means of access thereto, in which case Legal Basis particulars and plans in regard to these matters shall not be required and permission may be granted subject as aforesaid (with or without other conditions) or refused. 49. (1) Except as provided in subsection (2), no person or body may do any of the following things without the responsible Authority’s written permission or contrary to such permission— Kenya Roads Act, 2015 Section 49 (a) erect, construct or lay, or establish any structure or other thing, on or over or below the surface of a road reserve or land in a building restricted area. (1) A person presenting an application to the local authority to sanction the laying out, forming or construction of an unadopted street shall comply with such conditions as the local authority may, at the time of sanctioning the application, impose with regard to the following matters—(a) the avoidance of a cul-de-sac; (b) the provision of suitable and convenient means of access to plots fronting on the street, and of access to the street by cross streets, continuation of streets or otherwise; (c) the formation of lanes (parallel to the street or Streets Adoption Act, otherwise) or other secondary means of access to buildings for Section 5 1963 the purpose of removing refuse; (d) the fixing of the line, levels, Legal Basis width, position and direction of the street, carriageways and footways so as to make provision for the amenity of the locality, for convenient communication with other streets or proposed streets or with adjacent land, for gradients suitable for traffic, for the convenient drainage of the streets and footways and of buildings fronting or abutting thereon and for areas for light and ventilation; (e) provision for carrying off surface water; and (f) the rounding off or truncating of street corners. 21. Persons with disabilities are entitled to a barrier free and disability-friendly environment to enable them to have access Section 21 to buildings, roads and other social amenities, and assistive The persons with devices and other equipment to promote their ability. disabilities Act, 2003 22. (1) A proprietor of a public building shall adapt it to suit Section 22 persons with disabilities in such manner as may be specified by the Council. 74 MA NAG ING RIS KS FO R A SA FER B UILT ENV IRO NMENT IN KENYA 40. (1) The National Museums may enter into a written agreement with the owner of a monument and any other person or persons for the protection or preservation of the monument. (2) An agreement under this section may provide for all or any of the following matters - (a) the maintenance of the monument; (b) the custody of the monument and the duties of any person who may be employed in connection therewith; Section 40 (c) the occupation or use of the monument by the owner or otherwise; (d) the restriction of the right of the owner or occupier to build or to do other acts or things on or near the site of the monument; (e) the facilities of access to be Legal Basis permitted to the public or to any portion of the public and to persons deputed by the owner or the National Museum to The National Museum inspect or maintain the monument; and Heritage Act, 2006 41. (1) If the owner or any other person who is bound by the terms of an instrument which constitutes the National Museums guardian of a monument under section 39(3) or of an agreement for the protection and preservation of a monument under section 40 refuses to do an act which is in the opinion of the National Museums is both necessary for the protection, preservation or maintenance of the .monument and Section 41 the responsibility of the owner or other person in accordance with the terms of the instrument or agreement, or neglects to do the act within such reasonable time as may be fixed by the National Museums, the National Museums may authorize any person to do that act and the expense thereof, if and so far as it is established to have been the responsibility of the owner or other personal shall be recoverable from him. 75 Sub-Cycle 03: CONSTRUCTION Updated on 03/12/2018 Applicable law Detailed sections S.5(2)(j) Functions of the authority, S.6 Power of the Authority, S15. The National Construction Requirements for registration, S.16. Meaning of “Contractor”, S23. Authority Act, 2011 Appointment of investigating officers (inspection). The National Construction S.17(1) Registration of the construction works, S.17(3) Payment of the fee, Authority Regulations, 2014 S.17(6) Issuance of the compliance certificates, S.25 Payment of the levy. The Factories (Building operations and works of S.6. Notice of commencement, S. 7 Appointment of safety supervisor engineering construction) rules, 1984 S.115 Nuisance prohibited, S.118 What constitutes nuisance, 61. The Public Health Act, 1921 Conditions for construction of water-closets, S.59 Window and ventilation for soil-water fitting. S.6 Duties of occupiers, S.9 Safety and health committee, S.9 Safety and health audit, S.13 Duties of employees, S.39(1)(4) Provisions on prohibition notices and improvement notices, S.41 Indemnity of occupational safety The Occupational Safety and and health officer, S.44 Registration of workplaces, S.60 Construction and Health Act, 2007 maintenance of fencing, S.101 Protective clothing and appliance and safety consultants, S.125 Approval of plans of workplace premises. Legal Basis S.16 Notices and inspections (Inspection Card), S.16(4) certificate of The Local Government completion, S.37 Protection of persons and property, S.42 Identification of (Adoptive By-Laws) (Building) plot boundaries, S. 126 Inspector. Order 1968 The Local Government S.29 Commencement of building, S.30 Notice to commence the erection (Adoptive By-Laws) (Grade II of the building, S.31 Permit of occupation. Building) Order 1968 S.38 Enforcement Notice, S.39 Supplementary provisions as to The Physical Planning enforcement. Act,1996 The Physical Planning Part I and Part II S.1 to S.33 (Technical regulations). Building and Development (Control) Rules, 1998 S. 49(1)(a) Structures and other works on, over, and below roads or certain Kenya Roads Act, 2015 other land. The Streets adoption Act, S.5 Conditions may be imposed by local authority. 1963 The persons with disabilities S.21 Accessibility and mobility, S.22(1) Public buildings. Act, 2003 The Environmental Part VII. Environmental audit and monitoring, S.117 Appointment of Management and co- qualified persons. ordination Act, 2000 The Energy Act, 2007 S. 38 Electrical Installation work. The National Museum and S.45 Offences. Heritage Act, 2006 76 MA NAG ING RIS KS FO R A SA FER B UILT ENV IRO NMENT IN KENYA Institutions Involved (Activity 01) OBTAIN THE PLAN APPROVAL FOR WORKPLACE Directorate of Occupational Safety and Health (Ministry of Labour and Social Protection) OSH Project Registration Procedure to obtain the approval for workplace. Department (Activity 02) REGISTER THE PROJECT WITH NCA National Construction Authority Relevant institutions 1. Submit application for project registration, 2. Obtain notification of NCA Project Registration approval, 3. Payment of construction levy fees, 4. Submit payment receipt, Department (Only for project 5. Obtain preliminary compliance certificate, 6. Obtain compliance of more than 5.000.000 Sh.) certificate (Activity 03) ON-SITE INSPECTIONS Nairobi City County Planning Compliance and Inspections on site in order to verify the compliance to the laws and Enforcement Directorate regulations. (Activity 04) ISSUANCE OF THE OCCUPANCY CERTIFICATE Nairobi City County Planning Compliance and Inspections on site. Enforcement Directorate Public Health Directorate Inspections on site. Nairobi Fire Brigade Fire Section Inspections on site. 77 Sub-Cycle 03: CONSTRUCTION (Detailed) Applicable law Detailed sections Section Nr. Text 5.(2) (j) provide, promote, review and co-ordinate training programs organized by public and private accredited training Section 5 centers for skilled construction workers and construction site supervisors. 6. (1) The Authority shall have all the powers necessary for the proper performance of its functions under this Act, and, in particular, but without prejudice to the generality of the foregoing, the Authority shall have power— (a) to award certificates of proficiency to contractors, skilled construction workers and construction site supervisors; (b) with the approval of the Minister, to impose fees or any other charges as it deems Section 6 fit in respect of any of its functions or powers; (c) with the approval of the Minister, to facilitate, or promote the establishment or expansion of, companies, corporations or other bodies to carry on any activities related to construction either under the control or partial control of the Authority or independently; and (d) to receive, in consideration of any services that may be rendered by it, such commission or The National payments as may be agreed upon with any person. Construction Authority 15. (1) A person shall not carry on the business of a contractor Act, 2011 unless the person is registered by the Board under this Act. (2) A person seeking registration under subsection (1) shall, in the Legal Basis Section 15 case of firm, be eligible for registration if at least one of the partners or directors of the firm possesses such technical qualifications, skills or experience as the Board may from time to time prescribe. 16. (1) For the purposes of this Act, a person carries on business as a contractor where such person, for reward or other valuable consideration, undertakes the construction, installation or erection, for any other person, of any structure situated below, Section 16 on or above the ground, or other work connected therewith, or the execution, for any other person, of any alteration or otherwise to any structure or other work connected therewith, and undertakes to supply. 23. (1) The Board may, for the purpose the performance of its functions under section 21, appoint such number of investigating Section 23 officers, to be known as investigating officers of the Board, as it considers necessary for the purposes of carrying out the investigation of any offence or inspection under this Act. 17. (1) All construction works, contracts or projects either in the public or private sector shall be registered with the Authority in accordance with the Act. (3) The application under this regulation shall be in the prescribed form and shall be made before the commencement of the construction works contract or project Section 17 together with such fee as the Board may prescribe. (6) The The National Authority shall, within thirty days from receipt of the duly Construction Authority completed application form in terms of paragraphs (2) and (3) Regulations, 2014 register the construction works contract or project and issue a compliance certificate. 25. There shall be payable to the Authority by the owner of any works a construction levy of 0.5 per cent of the value of the Section 25 contract sum in respect of any construction works whose value exceeds five million shillings. 78 MA NAG ING RIS KS FO R A SA FER B UILT ENV IRO NMENT IN KENYA 6. (1) A main contractor shall, within seven days of commencing or undertaking building operations or works of engineering construction, notify the Chief inspector in writing of- (a) the contractor's name and postal address; (b) the address or Section 6 location of the site of the operation or works; (c) the date of commencement; (d) the expected date of completion; (e) The factories (Building whether mechanical power is used or not; (f) the number of operations and works of persons expected to be employed. engineering construction) rules, 1984 7. (1) Every contractor who employs more than twenty persons shall, for every site on which he is the contractor, appoint one or more persons experienced in the operations or works carried on at the site and suitably qualified for the purpose of - (a) advise Section 7 the contractor as to the observance of the safety, health and welfare requirement under the Act and under these rules; and (b) supervise and ensure the observance of those requirements and promote the safe conduct of work generally at the sites. 16. (1) Any person who erects a building, to which these By- laws, apply shall give to the council in writing on a “Notice of inspection” card, obtainable from the council, not less than thirty Section 16 hours’ notice. (4) No person shall occupy, use or permit the occupation or use of any building before a certificate of completion has been issued by the council in respect thereof. 42. (1) A person erecting a building shall before the erection thereof or at the time of the first inspection prove the boundaries Section 42 The Local Government of the plot. (2) The requirements of this by-law will be satisfied by Legal Basis (Adoptive By-Laws) the identification of survey beacons defining the limits of the plot. (Building) Order, 1968 126. Every person who erects or causes the erection of a building of a type described in by-law 127 of these By-laws, shall Legal Basis employ on the site throughout the period of the construction, a resident engineer or clerk of works or general foreman, who is Section 126 capable of reading the particulars of working drawings showing the details of structural design, and of ensuring that the work is carried out in accordance therewith, and also with the requirements of by-law 32 of these By-laws and the Seventh Schedule of these By-laws. (1) No person shall- (a) commence to erect a building without plans thereof having been approved by the council, or in respect of which the approval of plans has become null and void; or (b) Section 29 having obtained the council's approval to the plans for the The Local Government erection of a building, erect such building otherwise than in (Adoptive By- accordance with the approved application and plans thereof. Laws)(Grade II Building) 30. After plans have been approved by the council the applicant Order, 1968 shall give notice to the council in writing of his intention to Section 30 commence building and shall not commence building until the site of the building has been marked out by the owner and approved by the council. 31. No person shall occupy or permit the occupation of any building to which these By-laws apply until he has obtained from The Local Government the council a permit in writing authorizing occupation of such (Adoptive By- premises. Such permit shall not be issued unless the council is Section 31 Laws)(Grade II Building) satisfied that the building has been erected in accordance with Order, 1968 the application and approved plans thereof and that the construction is to s standard not lower than is required by these By-laws. 38. (1) When it comes to the notice of a local authority that the Legal Basis development of land has been or is being carried out after the commencement of this Act without the required development The Physical Planning Section 38 permission having been obtained, or that any of the conditions of Act a development permission granted under this Act has not been complied with, the local authority may serve an enforcement notice on the owner, occupier or developer of the land. 79 39 (1) If, within the period specified in the enforcement notice or within such further period as the local authority may determine any measures required to be taken (other than discontinuance of any use of land) have not been taken, the local authority may The Physical Planning enter on the land and take those measures and may, without Section 39 Act prejudice to any penalties that may be imposed or any other action that may be taken under this Act, recover from the person on whom the enforcement notice is served, any expenses reasonably incurred by it in connection with the taking of those measures. The Physical Planning Building and Part I & Part II (All sections are relevant) Development (Control) Rules, 1998 49. (1) Except as provided in subsection (2), no person or body may do any of the following things without the responsible The Kenya Roads Act, Authority’s written permission or contrary to such permission— Section 49 2015 (a) erect, construct or lay, or establish any structure or other thing, on or over or below the surface of a road reserve or land in a building restricted area. Legal Basis (1) A person presenting an application to the local authority to sanction the laying out, forming or construction of an unadopted street shall comply with such conditions as the local authority may, at the time of sanctioning the application, impose with regard to the following matters— (a) the avoidance of a cul-de- sac; (b) the provision of suitable and convenient means of access to plots fronting on the street, and of access to the street by cross streets, continuation of streets or otherwise; (c) the formation of lanes (parallel to the street or otherwise) or other The Streets Adoption Section 5 secondary means of access to buildings for the purpose of Act, 1963 removing refuse; (d) the fixing of the line, levels, width, position and direction of the street, carriageways and footways so as to make provision for the amenity of the locality, for convenient communication with other streets or proposed streets or with adjacent land, for gradients suitable for traffic, for the convenient drainage of the streets and footways and of buildings fronting or abutting thereon and for areas for light and ventilation; (e) provision for carrying off surface water; and (f) the rounding off or truncating of street corners. 21. Persons with disabilities are entitled to a barrier free and The persons with disability-friendly environment to enable them to have access to Section 21 disabilities Act, 2003 buildings, roads and other social amenities, and assistive devices and other equipment to promote their ability. 80 MA NAG ING RIS KS FO R A SA FER B UILT ENV IRO NMENT IN KENYA 22. (1) A proprietor of a public building shall adapt it to suit The persons with Section 22 persons with disabilities in such manner as may be specified by disabilities Act, 2003 the Council. Part VII (All sections are relevant) Environmental 117. (1) The Director-General shall, by Gazette Notice, appoint Management and co- duly qualified persons whether public officers or otherwise ordination Act, 2000 Section 117 whether by name or by title of office, to be environmental inspectors of the Authority for such jurisdiction units as shall be specified in the Gazette Notice appointing them. Legal Basis 45.(1) A person who (a) destroys, removes, injures, alters or defaces or does any act that imperils the preservation of a monument; (b) obstructs the exercise by a heritage warden or other duly authorized person of any of the powers conferred by section 37; or (c) commits a breach of any by-laws regulating the entry of persons into a monument which is used for religious observances, or of any other condition of access to a monument, The National Museum Section 45 commits an offence and shall on conviction be liable to a fine not and Heritage Act, 2006 exceeding one million shillings or to imprisonment for a term not Legal Basis exceeding twelve months or to both such fine and imprisonment, and on conviction of an offence against paragraph (a) may be ordered by the convicting court to pay to the National Museums for the purpose of making good any damage caused by that offence such sum of money as may be found by that court to be necessary to defray the cost thereof. 81 Sub-Cycle 04: USE AND MAINTENANCE Updated on 03/12/2018 Applicable law Detailed sections S.11 Safety and health audit, S.13 Duties of employees, S.32 Powers The Occupational Safety and Health Act, of an occupational safety and health officer, S.44 Registration of 2007 workplaces, S.48(1) Overcrowding, S.63(2) Hoists and Lifts, S.45 Registration of workplace S.115 Nuisance prohibited, S.118 What constitutes nuisance The Public Health Act, 1921 Fourth Schedule, Part 2, S. 8: County planning and development, (…), S.42 Clean and healthy environment, S.43 accessible and adequate The Constitution of Kenya, 2010 housing S.8(1) Approval of Minor alterations and additions, S. 138 Certificate of efficiency, S.138(2) Certificate of efficiency, Sixth Schedule (by-law The Local Government (Adoptive By- Legal Basis (27)) S.45 Batteries, S.47 Fuses, switches and earths, S.56 Inspection Laws) (Building) Order 1968 of electrical installations, S.57 Inspection of ceilings, Part VII, S.68 Environmental audit and monitoring, S. 78(1)(h) Environmental Management and co- Enforcement review committee ordination Act, 2000 S.28 Suspension or canceling of a license, S.31(4)(b) Environmental The Environmental (Impact assessment Audit, S.32 International Standards, S.33 Control carried out by and audit) Regulations, 2003 authority, S.34 Self Audit S.4 Location of large Installations for highly flammable substances, S.5 Construction material, 6. Storage of highly flammable substances, S.7 Marking and labeling, S.17 Fire escape exits, S.18 Control of The Fire Risk Reduction Rules, 2007 spread of smoke, S.19 Means of evacuation, S.20 Formation of fighting teams, S.23 Fire drills, S.29 Firefighting appliances, S.31 Selection and distribution of fire extinguishers. S.30 Factors to be considered in an application, S.31 Form and conditions of a license or permit, S.61 When supply of electrical The Energy Act, 2007 energy may be refused or discontinued. Institutions Involved Institutions (Activity 01) REGISTER THE WORKPLACE WITH THE MINISTRY OF LABOUR AND SOCIAL PROTECTION Directorate of Occupational Safety and Health (Ministry of Labour and Social Protection) OSH Project Registration Department Register the workplace 82 MA NAG ING RIS KS FO R A SA FER B UILT ENV IRO NMENT IN KENYA Sub-Cycle 04: USE AND MAINTENANCE (Detailed) Applicable law Detailed sections Section Nr. Text 11. (1) The occupier of a workplace shall cause a thorough safety and health audit of his workplace to be carried out at least once in every period of twelve months by a safety and health advisor, who shall issue a report of such an audit containing the prescribed particulars to the occupier on payment of a prescribed fee and shall send a copy of the report to the Director. (2) The audit report Section 11 referred to in subsection (1) shall be preserved and be kept available for inspection by the occupational safety and health officer. (3) An occupier who fails to comply with a duty imposed on him under this section commits an offence and shall on conviction be liable to a fine not exceeding five hundred thousand shillings or to imprisonment for a term not exceeding six months or to both. 13. (1) Every employee shall, while at the workplace— (a) ensure his own safety and health and that of other persons who may be affected by his acts or omissions at the workplace; (b) co-operate with his employer or any other person in the discharge of any duty or requirement imposed on the employer or that other person by this Act or any regulation made hereunder; (c) at all times wear or use any protective equipment or clothing provided by the Section 13 employer for the purpose of preventing risks to his safety and BasisBasis health; (d) comply with the safety and health procedures, requirements and instructions given by a person having authority The Occupational over him for his own or any other person’s safety; (e) report to the LegalLegal supervisor, any situation which he has reason to believe would Safety and Health present a hazard and which he cannot correct; (f) report to his Act, 2007 supervisor any accident or injury that arises in the course of or in connection. 32. (1) An occupational safety and health officer shall, for the purpose of the execution of this Act, have power to do all or any of the following things— (a) to enter, inspect and examine, by day or by night, a workplace, and every part thereof, when he has reasonable cause to believe that any person is employed therein, Section 32 and to enter, inspect and examine, by day, any place which he has reasonable cause to believe to be a workplace and any part of any building of which a workplace forms part and in which he has reasonable cause to believe that explosive, highly inflammable or any other hazardous materials are stored or used. 44. (1) Before any person occupies or uses any premises as a workplace, he shall apply for the registration of the premises by sending to the Director a written notice containing the particulars set out in the Fourth Schedule. (2) Upon receipt of the notice referred to in subsection (1), the Director shall take such steps as Section 44 may be necessary to satisfy himself that the premises are suitable for use as a workplace of the nature stated in the notice, and upon being so satisfied, shall cause the premises to be registered and shall issue to the applicant, upon payment of a prescribed fee, a certificate of registration in the form set out in the Fifth Schedule. 45. (1) The Minister may, after consultation with the Council, by The Occupational notice in the Gazette, except some classes of workplaces from the Legal Basis requirements of section 44. (2) The Minister may only except a Safety and Health Section 45 class of workplaces under this section if he is satisfied that there Act, 2007 are adequate arrangements in place for the protection of the safety and health of the affected employees. 83 48. (1) An occupier shall ensure that his workplace shall not, while work is carried on, be so overcrowded as to cause risk of injury to the health of the persons employed therein. (2) Without prejudice to the generality of subsection (1) a workplace shall be of sufficient Section 48 size for work to be carried out with ease and shall further have the necessary free space and, having regard to the nature of the work, an adequate amount of air for each employee, the minimum permissible being ten cubic meters per person. 63. (2) Every hoist or lift shall be thoroughly examined at least once in every period of six months or after any modifications or extensive repairs or within a shorter period, by a person approved for the purposes of this section by the Director by certificate in Section 63 writing, and a report of the result of every such examination, in the prescribed form and containing the prescribed particulars, shall be signed by the person carrying out the examination and shall be entered in or attached to the general register within fourteen days of the examination. 8. (1) Notwithstanding anything contained in these By-laws, the council may grant permission in writing to any person to proceed with any minor alteration or addition to a building or the erection of any boundary wall, screen wall, fence or of a hoarding, or the Section 8 formation of any access, which complies generally with the intent and purpose of these By-laws, but which is regarded by the council as of minor importance: Provided that such permission shall automatically lapse in the event of not being acted upon within six months of the date of its grant. 138. (1) Lifts and hoists shall comply with the following Legal Basis requirements of this by-law- (2) An electric passenger lift shall be maintained and inspected at least once every six months by a Section 138 competent lift engineer, and a certificate by such engineer to the effect that the whole installation is in safe working order, shall be submitted to the council by the owner of the premises at least The Local once in every twelve months. Government 47. (1) Every electrical main circuit and sub circuit in the premises (Adoptive By-Laws) shall be protected against excess current by fuses, circuit- (Building) Order 1968 breakers or other similar devices which will operate automatically at current values which are suitably related to the safe current ratings of the circuit and of the equipment connected to the circuit. (2) (a) Every circuit supplying electricity for the control equipment Sixth of electric discharge-lamps having a rated electrical input Schedule. exceeding 500 watts, or for electronic equipment shall, where the Section 47 fuses, circuit- breakers or other similar devices aforesaid do not afford adequate protection, be provided also with electrical or thermo-electrical devices to break the circuit automatically on any dangerous rise in the temperature of the said equipment or of the transformers, chokes or smoothing devices used in connection therewith. 56. (1) All electrical installations shall be inspected once a year by Sixth a competent electrical engineer appointed by the occupier of the Schedule. premises, and a certificate stating the condition of the installation Section 56 shall, after each inspection, be forwarded to the council. 57. All ceilings in those parts of the premises to which the public The Local Legal Basis Sixth are admitted shall be inspected at least once in every five years by Government Schedule. a competent person and a certificate concerning the condition of (Adoptive By-Laws) Section 57 the ceilings after each inspection shall be forwarded to the council (Building) Order 1968 by, or on behalf of, the occupier. 4. A person wishing to set up or operate a facility for the use on or Fire Risk Reduction Section 4 storage of highly flammable substance shall ensure that such Rules, 2007 facility is located in the designated area. 84 MA NAG ING RIS KS FO R A SA FER B UILT ENV IRO NMENT IN KENYA 5. (1) Every owner and occupier of a workplace shall ensure that every workroom where flammable substances are used, Section 5 manufactured or manipulated, is constructed with fire resistant material. 6.(1) Every occupier shall ensure that highly flammable substances are stored– (a) in suitable fixed storage tanks in safe positions, or (b) in suitable closed vessels kept in a safe positions in the open air, and where necessary, protected against direct sunlight; or (c) in a suitable closed vessel kept in a storeroom which is either in a Section 6 safe position or in a fire resisting structure; or (d) in the case of a workroom where the aggregate quantity of highly flammable substances does not exceed 50 liters, in suitable closed vessels kept in a suitably placed cupboard or bin which is a fire resisting structure. 7.(1) Every occupier shall ensure that every store room, cupboard, bin, tank or container used for storing highly flammable Section 7 substances is clearly and boldly marked “Highly Flammable” in English or Kiswahili or otherwise with an appropriate indication of flammability. 11.(1) Every occupier shall provide in every workroom, facilities for free flow of fresh air, including windows, doors, vents, louvers or any other suitable ventilation facility to ensure that flammable fumes, vapor, gases or dust do not accumulate in the workroom. Section 11 (2) In the case of an enclosed room, every occupier shall ensure that exhaust ventilation systems or mechanical ventilation facilities are provided. (3) A person who contravenes the provisions of this Rule commits an offence. 18. (1) Every occupier shall ensure that any door of any store Legal Basis where flammable substances are stored are constructed in a manner that the door shall be self-closing, opening outwards or Section 18 sliding and capable of containing smoke from within the work room, in event of a fire. (2) A person who contravenes the provisions of this Rule commits an offence. 19. (1) Where a work place is a storied building, every occupier shall ensure that a work place is constructed in such a manner as Section 19 to enable workers have access to other suitable outlet or exit for evacuation other than the emergency exits. 20. (1) Every occupier shall establish a fire fighting team that shall consist of– (a) at least two persons, where the number of workers Section 20 is not more than ten; (b) at least three persons, where the number of workers is between eleven and twenty-five; (c) at least five persons, where the number of workers is more than twenty-five. 23. (1) Every occupier shall ensure that fire-drills are conducted at Section 23 least once in every period of twelve months and a record of such drills kept available for inspection. Fire Risk Reduction 28.(1) Every occupier shall provide and maintain fire detection Rules, 2007 appliances. Section 28 (2) Every occupier shall ensure that fire detection appliances are located in the appropriate places for immediate activation of an alarm or automatic fire extinguishing systems. 29. (1) Every occupier shall provide means of extinguishing fire at the work place. (2) Every occupier shall ensure that the position of the means in subsection (1) shall be distinctively and Legal Basis Section 29 conspicuously marked. (3) Every occupier shall ensure that any portable fire extinguisher is mounted at an easily accessible height Fire Risk Reduction of not less than 60 cm from the floor. Rules, 2007 31. (1) Every occupier shall ensure that, in selecting and distributing fire extinguishers in the workplace, the distribution and Section 31 selection is based on the classes of fires anticipated and based on the size and degree of hazard caused by a fire. (2) Where a fire extinguisher is for the use of extinguishing class A fires, every 85 occupier shall ensure that the fire extinguisher is located as near as possible and not more than 10 meters from the hazard area. 68. (1) The Authority shall be responsible for carrying out environmental audit of all activities that are likely to have significant effect on the environment. An environmental inspector Part VII. appointed under this Act may enter any land or premises for the Environmental Section 68 purposes of determining how far the activities carried out on that Management and land or premises conform with the statements made in the Coordination Act, environmental impact assessment study report issued in respect 2000 of that land or those premises under section 58(2). 78. (1) (h) request the Authority to carry out investigations of actual Part VII. or suspected air pollution including pollution produced by aircrafts Section 78 and other self-propelled vehicles and by factories and power generating stations. (1) The Authority may, at any time after it issues a license under these Regulations, on the advice of the Standards Enforcement Section 28 and Review Committee— (a) suspend the license on such terms and conditions as the Authority may deem fit for a period not exceeding twenty-four months; or (b) revoke or cancel the license. 3. (b) A proponent of a project that has undergone an environmental impact assessment study shall within a period of twelve months of the commencement of the operations, and not more than twenty-four months after the completion of a project Section 31 which-ever is earlier, undertake an environmental audit of the project: Provided that an audit may be required sooner if the life of the project is shorter than the period prescribed under this The environmental Regulation. (impact assessment Legal Basis and audit) In carrying out an environmental audit study, the environmental Regulations, 2003 auditor shall comply with any existing national environmental regulations and standards prescribed by the Authority, and in the Section 32 absence of such national environmental regulations and standards shall use such other international standards as shall be prescribed by the Authority. (1) A control audit shall be carried out by the Authority, whenever the Authority deems it necessary to check compliance with the environmental parameters set for the project or to verify self- auditing reports. (2) A control audit shall— Section 33 (a) confirm that the environmental management plan of the project is being adhered to; and (b) verify the adequacy of the environmental management plan in mitigating the negative impacts of a project. (1) In executing a project, after the environmental impact assessment study report has been approved by the Authority, or after the initial audit of an ongoing project, the proponent shall The environmental take all practical measures to ensure the implementation of the environmental management plan by— (a) carrying out a self- (impact assessment Section 34 auditing study on a regular basis; (b) preparing an environmental and audit) audit report after each audit and submitting the report to the Regulations, 2003 Authority annually or as may be prescribed by the Authority; and Legal Basis (c) ensuring that the criteria used for the audit is based on the environmental management plan developed during the environmental impact assessment process or after the initial audit. Fourth 8. County planning and development, including— (a) statistics; (b) Schedule. land survey and mapping; (c) boundaries and fencing; (d) housing; Part II. and (e) electricity and gas reticulation and energy regulation. Section 8 The Constitution of Every person has the right to a clean and healthy environment, Kenya which includes the right— (a) to have the environment protected for the benefit of present and future generations through legislative Section 42 and other measures, particularly those contemplated in Article 69; and (b) to have obligations relating to the environment fulfilled under Article 70. 86 MA NAG ING RIS KS FO R A SA FER B UILT ENV IRO NMENT IN KENYA (1) Every person has the right— (a) to the highest attainable standard of health, which includes the right to health care services, including reproductive health care; (b) to accessible and adequate Section 43 housing, and to reasonable standards of sanitation; (c) to be free from hunger, and to have adequate food of acceptable quality; (d) to clean and safe water in adequate quantities; (e) to social security; and (f) to education. 30. (1) The Commission shall, in granting or rejecting an application for a license or permit, take into consideration— (a) the Legal Basis impact of the undertaking on the social, cultural or recreational life of the community; (b) the need to protect the environment and to Section 30 conserve the natural resources in accordance with the Environmental Management and Co-ordination Act of 1999 (No. 8 of 1999); (c) land use or the location of the undertaking; (d) economic and financial benefits to the country or area of supply of The Engineers Act, the undertaking. 2011 (1) Every license or permit shall be in such form as the Commission may determine and shall, subject to subsection (2), contain such particulars or conditions where applicable— (a) the provisions for tariffs or charges for the importation, exportation, generation, Section 31 transmission, distribution and supply of electrical energy to different classes of consumers; (b) the duration of the license or permit; (c) the maximum capacity of supply of the undertaking; (d) the area of supply of the undertaking; and (e) any other matter connected with the carrying on of the undertaking. 87 Sub-Cycle 05: MODIFICATIONS Updated on 03/12/2018 Applicable law Detailed sections The Occupational Safety and Health Act, S.44(7) Change of use, S.45(3) Exception to registration 2007 S.3 Erection of buildings, S.5 Submission of plans, S.8. Legal Basis The Local Government (Adoptive By- Approval of minor alterations and additions, S. 252 Laws) (Building) Order 1968 Unauthorized building and change of use, Part D and F of the first schedule S.3 Interpretation, S.47 Preservation of buildings of Special The Physical Planning Act,1996 Architectural value or historic interest S.11 Alteration of building (change of class), S.30 What The Physical Planning Building and constitutes erection of buildings, Development (Control) Rules, 1998 Institutions Involved (Activity 01) Obtain the Survey Plan Ministry of Land and Physical Planning 1. Request for Folio Registry number search, 2. Pay for Folio Registry number search, 3. Submit search payment receipt. 4. Department of survey Confirm availability of survey plan, 5. Pay for survey plan, 6. Relevant Institutions Obtain survey plan (Activity 02) Obtain the environmental Impact Assessment National Environment Management Authority 1. Submit Terms of reference, 2. Obtain terms of reference approval, 3. Register with NEMA licensing portal Online procedure 4. Submit EIA study report Online procedure 5. Submit hard copies of the study report 6. Obtain notice for Compliance and Enforcement Department gazettement, 7. Submit notice for gazettement, 8. Obtain proforma invoice, 9. Pay for gazettement, 10. Pay for gazette notice, 11. Obtain gazette notice, 12. Submit evidence of advertisement, 13. Obtain EIA license (Activity 03) Obtain the Approval for Development Nairobi City County See activity nr. 03 DESIGN Sub-Sector of Urban Planning 88 MA NAG ING RIS KS FO R A SA FER B UILT ENV IRO NMENT IN KENYA Sub-Cycle 05: MODIFICATIONS (detailed) Applicable law Detailed sections Section Nr. Text 44. (7) The occupier of a workplace registered under this Act shall Section 44 notify the Director in writing of any proposed change in the registered particulars of that workplace prior to effecting. The Occupational Safety and Health 45. (3) An exception granted under subsection (1) shall be subject to review by the Director every five years or such shorter period as he Act, 2007 Section 45 may deem necessary in order to assess the general status of the safety and health in the classes of workplaces thereby excepted, with a view to upholding the exception or withdrawing it. 3. (1) A person who erects a building or develops land or changes the use of a building or land, or who owns or occupies a building or land shall comply with the requirements of these By-laws. (2) For the purpose of these By-laws any of the following operations shall be deemed to be the erection of a building- (a) the re-erection of any building or part of a building when an outer wall of that building or, as the case may be, that part of such building has been pulled Section 3 down, burnt or damaged; (b) the roofing over of any open space; (c) the alteration or extension of a building; (d) the erection, alteration or extension of a chimney shaft (e) changing of the use or uses to which land or a building is put; (f) increasing of the use or uses to which land or a building is put; (g) the carrying out of any drainage work; (h) the installation of any fittings to which by-laws 143 to 149 or by-laws 167 to 179 of these By-laws refer; (i) the formation or Legal Basis laying out of an access to a plot. 5. A person who intends to erect a building or materially change the use of a building or part of a building shall furnish the council in the manner provided in Part A of the First Schedule to these By-laws with such of the following particulars as are applicable – (a) if the The Local building is one for which the council may relax in whole or in part, the provisions of these By-laws as provided for in by-laws 11 to 14 Government of these By-laws, the particulars specified in Part B of the First (Adoptive By- Schedule to these By-laws; (b) if the building is a chimney shaft to Laws) (Building) which by-laws 120 to 123 of these By-laws apply, the particulars Order 1968 Section 5 specified in Part C of the First Schedule to these By-laws; (c) if the building is an alteration or extension to an existing building, the particulars specified in Part D of the First Schedule to these By-laws, and if so required by the council, the particulars specified in Part E of the First Schedule to these By-laws or in the case of a chimney shaft, the particulars specified in part C of the First Schedule to these By-laws. (d) if the building constitutes a change of use or uses, the particulars specified in Part F of the First Schedule to these By-laws and any particulars which may be required under paragraph (c) of this by-law. 8. (1) Notwithstanding anything contained in these By-laws, the council may grant permission in writing to any person to proceed with any minor alteration or addition to a building or the erection of any boundary wall, screen wall, fence or of a hoarding, or the formation of any access, which complies generally with the intent Section 8 and purpose of these By-laws, but which is regarded by the council as of minor importance: Provided that such permission shall automatically lapse in the event of not being acted upon within six months of the date of its grant. (2) The council may delegate its powers under this by-law to an officer of the council or such other person as the council may appoint. 89 252. (1) Any person, who shall erect or permit the erection of a building, without first obtaining the approval of the council to plans submitted in accordance with these bylaws, shall be guilty of an offence. (2) Any person who shall, except with the permission of the council, use any building or part of a building otherwise than for the purpose specified in the approved plan thereof, shall be guilty of an offence. (3) Any owner of a building who shall, except with the permission of the council, permit such building or any part thereof to Section 252 be used otherwise than for the purpose specified in the approved plan, shall be guilty of an offence. (4) In any proceeding under this bylaw it shall be deemed until the contrary is proved, that where a building or any part thereof, is used otherwise than in accordance with the approved plan thereof, such use is with the permission of The Local the owner of the building. (5) In this bylaw „‟purpose‟‟ means the particular purpose for which each part of a building was erected, Government and the approved plan shall be prima facie evidence of such (Adoptive By- purpose. Laws)(Building) Order 1968 11. In the case of alterations not involving any extension of a First building, plans and sections as required by paragraph 21 of this Schedule schedule of the alternations and the building, so far as such plans section 11 and sections are necessary to show whether the proposals will comply with these Bylaws. 12. In the case of an extension of a building – (a) the particulars referred to in Part H of this schedule in relation to the extension as if Legal Basis the extension were the building therein referred to; and (b) the First specific use of each and every part of the building; and Schedule (c) plans and sections are required by paragraph 21 of this schedule section 12 of the building so far as affected by the extension, so far as such particulars, plans and sections are necessary to show whether the proposal will comply with these Bylaws. “development” means— (a) the making of any material change in the use or density of any buildings or land or the subdivision of any land which for the purpose of this Act is classified as Class “A” development; and (b) the erection of such buildings or works and the carrying out of such building operations, as the Minister may from time to time determine, which for the purposes of this Act is classified as Class “B” development: Provided that— (i) the carrying out of works for the maintenance of improvement or other alteration, of or addition to, any building where such alteration or addition does not exceed 10 per cent of the floor area Section 3 of the building measured on the date this Act becomes applicable to the area in which that building or land is situated; (ii) the carrying out by a competent authority of any works required for the construction, Physical Planning maintenance or improvement of a road, if the works are carried out Act, 1996 on land within the road reserves; (iii) the carrying out by any loca1 authority or statutory body of any works for the purpose of inspecting, repairing or renewing any sewers, mains, pipes, cables or other apparatus, including breaking open of any street for that purpose and the installation of services by such local authority or statutory body; shall not constitute development for the purposes of this Act. 47. (1) Subject to the provisions of National Museums and Heritage Act, the Director may, after consultation with the Board of National Museums serve on the owner or occupier of a building which in the Section 47 opinion of the Director is of special architectural value or historic interest, an order prohibiting the demolition, alteration or extension of such building. 90 MA NAG ING RIS KS FO R A SA FER B UILT ENV IRO NMENT IN KENYA 11. Where the use of any building or part thereof of any one class or combination of classes be altered to that of another class or combination of classes for which a less amount of coverage is Section 11 required under these rules not less than the minimum open space required under these Rules shall be provided for the class or combination of classes to which the building has been altered. 30. For the purposes of these Rules any of the following operations shall be deemed to be the erection of a building or the carrying out of development— (a) the erection of any new building; (b) the erection of any addition to an existing building;(c) the re-erection or alteration of any part of an existing building; (d) the re-erection of The Physical any building or part of a building where an outer wall of that building Planning Building or that part of a building has been destroyed, pulled down, burned Legal Basis and Development Section 30 down or damaged either wholly or partially; (e) the roofing-over of (Control) Rules, any space between walls or buildings; (f) the changing of the use, or purpose for which a building, part of a building or appurtenances 1998 thereto are used, or increasing or reducing the number of dwellings or separate tenancies to execute any alterations or works in connection with the purposed change; (g) the carrying out of any drainage works and water service works; (h) the changing of use of the land including quarrying, dumping and drying operations. 36. (1) Where a person commences work upon any alterations or additions to any existing building or carries out developments before receiving the approval of the local authority in consultation with the Section 36 Director of Physical Planning, the local authority shall serve that the person with a notice requiring him to cease such work or development. The Physical Schedule Part Planning Order, I Class I, II, III (All sections are relevant) 1998 91 Sub-Cycle 06: DEMOLITIONS Updated on 03/12/018 Applicable law Detailed sections The Local Government (Adoptive By- S.240 Demolition, S.241 Damage to the streets Legal Basis Laws) (Building) Order 1968 S.124 Demolition of unfit dwelling The Public Health Act, 1921 S.47 Prohibition to demolish Physical planning Act, 1996 The Environmental Management and Co- S. 103(1) Demolitions and emissions of noises Ordination Act, 2000 Institutions Involved (Activity 01) Obtain the Survey Plan Ministry of Land and Physical Planning 1. Request for Folio Registry number search, 2. Pay for Folio Registry number search, 3. Submit search payment receipt. 4. Relevant Institutions Department of survey Confirm availability of survey plan, 5. Pay for survey plan, 6. Obtain survey plan (Activity 02) Obtain the Approval for Demolition Nairobi City County 1. Register with Nairobi City County self-service portal, 2. Submit architectural plans, 3. Pay for permit fees, 4. Obtain architectural plans approval notification through the scrutinization of the technical commission (Sections of the city council (public health, engineer, fire brigade, development control), The Kenya institute of planners, The architectural association of Kenya, Board of engineers, The board of Sub-Sector of Urban Planning surveyors, Kenya Power, Nairobi Water, NEMA), 5. Submit architectural plans for signing, 6. Obtain authenticated architectural plans and construction permit, 7. Submit structural plans, 8. Obtain structural plans approval notification, 9. Submit structural plans for signing, 10. Obtain authenticated structural plans 92 MA NAG ING RIS KS FO R A SA FER B UILT ENV IRO NMENT IN KENYA Sub-Cycle 06: DEMOLITIONS (Detailed) Applicable law Detailed sections Section Nr. Text 240. (1) A person intending to demolish a building or part of a building, shall notify the council in writing of such intention at least three days before the work is commenced. (2) A building or part of a building shall be demolished in a manner satisfactory to the council, and the council may if it deems fit require screening or watering to avoid dust nuisance. (3) throughout the demolition or Section 240 partial demolition, all parts of the remaining structure shall be left in a safe condition. (4) The owner or contractor shall, on the completion of the demolition, ensure that all materials and debris The Local not forming part of any remaining structure or in any way Government supporting any other structure, are removed from the site and that (Adoptive By-Laws) the site is left in a clean and tidy condition. (Building) Order 1968 241. If because of the erection, alteration or demolition of a building or of a hoarding or scaffolding in connection with such work, a street is damaged, the council may either- (a) make good the damage to such street and recover from the owner or Section 241 developer of the plot concerned any expenses reasonably incurred in so doing, or (b) serve a notice in writing upon the owner or developer of the plot concerned, requiring him to make good to the satisfaction of the council, the damage to such street within such period as many be specified in the notice. “development” means— (a) the making of any material change in the use or density of any buildings or land or the subdivision of any Legal Basis land which for the purpose of this Act is classified as Class “A” development; and (b) the erection of such buildings or works and the carrying out of such building operations, as the Minister may from time to time determine, which for the purposes of this Act is classified as Class “B” development: Provided that— (i) the carrying out of works for the maintenance of improvement or other alteration, of or addition to, any building where such alteration or addition does not exceed 10 per cent of the floor area Section 3 of the building measured on the date this Act becomes applicable to the area in which that building or land is situated; (ii) the carrying out by a competent authority of any works required for the Physical Planning construction, maintenance or improvement of a road, if the works Act, 1996 are carried out on land within the road reserves; (iii) the carrying out by any loca1 authority or statutory body of any works for the purpose of inspecting, repairing or renewing any sewers, mains, pipes, cables or other apparatus, including breaking open of any street for that purpose and the installation of services by such local authority or statutory body; shall not constitute development for the purposes of this Act. 47. (1) Subject to the provisions of National Museums and Heritage Act, the Director may, after consultation with the Board of National Museums serve on the owner or occupier of a building which in Section 47 the opinion of the Director is of special architectural value or historic interest, an order prohibiting the demolition, alteration or extension of such building. 103.(1) Notwithstanding the provisions of section 102, the Authority may on request grant a temporary permit not exceeding The Environmental three months, allowing emission of noise in excess of established Management and Co- Section 103 standards for such activities as fireworks, demolitions, firing Ordination Act, 2000 ranges, and specific heavy industry on such terms and conditions as the Authority may determine. 93 Annex 2: Summary of Section S of the National Building Regulation, 2011 (Draft Building Code, 2011) • Section S references BS 9999:20018, which the building’s area and height. Portable fire “gives recommendations and guidance on the extinguishers follow KBS standards. design, management and use of buildings to achieve reasonable standards of fire safety • Section S specifies fire prevention in con- for all people in and around them. It also pro- cealed spaces and service shafts, and smoke vides guidance on the on-going management control by mechanical ventilation, a roof ven- of fire safety within a building throughout tilator, or windows that open. its entire life cycle, including guidance for designers to ensure that the overall design of • KBS standards apply to fire dampers in a building assists and enhances the manage- air-conditioning systems. ment of fire safety.” Section S has six require- ments and stipulates an accredited designer • Section S specifies fire safety for stage, back- for compliance. stage, and auditoria seating. • Section S specifies fire control between build- • Section S requires evacuation procedures to ings through fire-resistant exterior walls, be posted and evacuation plans to be devel- windows and distance based on the type of oped, with forms included in this section. building. • Section S subdivides building floors into divi- sions depending on the presence of automatic sprinklers and number of floors as a function of occupancy. These divisions are modified by presence of combustible floor or ceiling materials. • The Kenya Bureau of Standards (KBS) are ref- erenced for fire resistance and non-combus- tibility of separating and structural elements. Kenya Bureau of Standards also are refer- enced for fire doors and opening protection. • Section S specifies escape routes in terms of all their components and dimensions. • Fire detection and manually activated alarms are required based on the building’s area and height. Sprinklers also are required based on 94 MA NAG ING RIS KS FO R A SA FER B UILT ENV IRO NMENT IN KENYA Annex 3: Details of Good Practices Included in the National Building Regulation (Draft Building Code, 2009) KENYA 2009 DRAFT BUILDING CODE BUILDING CODE ELEMENTS APPROPRIATELY INCLUDED IN CHAPTER THE DRAFT Volume 1: Sections AA3.1 and AA3.2 define legal and technical elements and contain INTERPRETATION AND standard for the Kenya Bureau of Standards (KBS), the British Standard (BS), ADMINISTRATION and the South African Bureau of Standards. AA3.1, AA3.2 Volume 3: STRUCTURES AND Sections FF12, 13, 15, 21, and 22 reference British Standards (BS) for loads and MATERIALS structural materials, including dead, live, wind, earthquake, and lateral loads. FF12, 13, 15, 21, and 22 Volume 3: In the 2009 draft building code, Section XX provides tables for the bearing STRUCTURE AND capacity of soils and detailed foundation and excavation specifications to MATERIALS F25 define the limit states for the design and the depth of the foundations system. Volume 4: In the 2009 draft building code, MM5 provides regulations regarding the BUILDING SERVICES access for firemen in case of fire. MM5 Volume 4: In the 2009 draft building code, MM1 provides regulations regarding the design BUILDING SERVICES of stairways, handrails and guardrails as well as detailed design requirements MM1 for ramps and parking spaces. Volume 4: Section MM20.1 references BS Nr. 5655 Part 1-14 of 1979 for elevators and BUILDING SERVICES provides specifications for their design, ventilation, and access to lift wells and MM20.1 mechanical room. Volume 4: Sections NN1 to NN24 provide detailed specifications for natural lighting, BUILDING SERVICES natural ventilation and artificial ventilation of buildings. NN1-NN24 Volume 4: Section NN30 provides the limit levels of noise emission for new housing and BUILDING SERVICES refurbishments. It mostly specifies noise levels for housing, but also includes NN30 specifications for other occupancies including public spaces. Volume 4: SS3 defines 29 types of occupancies in relation to fire safety purposes. This BUILDING SERVICES categorization represents the base for all subsequent provisions related to the SS3 type of occupancy. 95 Sections SS6 to SS13 provide the fire-related requirements to consider when Volume 4: designing a building. These requirements are related to the spread of fire BUILDING SERVICES between two or more buildings and deal with the fire resistance of exterior SS6-SS13 walls, the presence of windows and distance between buildings based on the occupancy types. Sections SS7 to SS12 provide specifications for fire compartmentation of Volume 4: building floors considering the number of floors based on their occupancy and BUILDING SERVICES the presence of automatic sprinklers. The compartmentation requirements are SS7-SS12 also a function of the presence of combustible floor and ceiling materials. Section SS7 specifies that the Kenyan Bureau of Standards represents the Volume 4: authority to determine the compliance of certain materials with the required BUILDING SERVICES fire resistance and non-combustibility of separating elements and structural SS7 elements. Technical specifications for fire doors and opening protection specified with reference to KS. Volume 4: Sections SS19 and SS24 provide technical guidance for escape routes and their BUILDING SERVICES dimensions. SS19-SS24 Volume 4: Sections SS32 and SS38 provide guidance and requirements for fire detection, BUILDING SERVICES alarm systems, fire extinction, etc. in relation to the type of occupancy and the SS32 - SS38 building area and height. Sections SS40 and SS41 specify the technical provisions for stopping the Volume 4: spread of a fire in confined spaces. It also provides specifications for the BUILDING SERVICES protection of service shafts as well as some technical means for smoke SS40-SS41 evacuation. Volume 4: Section SS67 specifies evacuation procedures and provides information for the BUILDING SERVICES conception of an evacuation plan. SS67 Volume 4: Sections UU4 to UU24 define the general rights and obligations of parties BUILDING SERVICES related to the construction process including the duties of the client, of the UU4-UU24 designer, and of the contractor. Volume 4: Sections UU25 to UU44 define the duties relating to health and safety on BUILDING SERVICES construction sites. UU25-UU44 96 MA NAG ING RIS KS FO R A SA FER B UILT ENV IRO NMENT IN KENYA Volume 2: The 2009 draft building code provides a complete set of provisions to consider PHYSICAL PLANNING, the influence of zoning on building design as well as provisions for height and SITING AND SITE covered area limitation. The code has regulations interacting with development PREPARATIONS plans of the different zones considering geometric constraints in harmony with BB4 to BB6 the existing urban infrastructure. BB17 to BB37 Volume 3: Sections FF2 and FF3 provide technical information regarding the materials STRUCTURES AND that can be used for the structure, but also complementary provisions for each MATERIALS structural element (foundations, floors, walls, roofs, etc.) providing graphics FF2 and FF3 and explanations related to adequate construction practices. Volume 5: SAFETY, DISASTER RISK Types of occupancies are clearly defined as well fire resistance duration MANAGEMENT AND required for different elements such as floors, walls, doors, etc. MAINTENANCE SS3 to SS17 Volume 3: Section FF3 provides detailed provisions for testing materials. The 2009 STRUCTURES AND draft building code has a complete list of the standards that should be used MATERIALS for testing materials. The list includes Kenyan Standards as well as British FF3 Standards for different materials and elements. Volume 5: Sections SS3 to SS18 consider all fundamental aspects of fire protection SAFETY, DISASTER RISK for buildings. Detailed provisions are presented for the following matters: MANAGEMENT AND prevention, detection, and warning, containment, barriers, life safety, MAINTENANCE extinguishment, fire testing, fire mechanical, electrical design and regulations SS3 to SS18 for the fire-sprinkler systems. Section FF22 of the 2009 draft building code refers to a document developed Volume 3: by the National Research Center. This document must consider at least: STRUCTURES AND seismic hazard maps, active seismic sources, soil characteristics, occupancy MATERIALS (for the effects of seismic hazard), structure configuration, and structural FF22 systems. Volume 3: Section FF3 stipulates that material design methodology used in the design STRUCTURES AND of any structural element or component shall thereof be the one specified or MATERIALS contemplated in the relevant British Standard Code of Practice. FF3 Volume 1: INTERPRETATION AND The draft presents a complete set of provisions for geotechnical and structural ADMINISTRATION inspection. AA3.2 AA28.9 TT Section 97 Volume 2: PHYSICAL PLANNING, SITING AND SITE PREPARATIONS BB117 Volume 4: ENCLOSURE AND POSITION OF LIFTS AND MOTOR ROOMS The draft presents a set of complete requirements regarding elevators MM17, 19 -42.2 including complete fire requirements. Volume 5: SAFETY, DISASTER RISK MANAGEMENT AND MAINTENANCE SS47 INSPECTION TT8.1 Volume 2: PHYSICAL PLANNING, The draft presents a set of basic regulations regarding the accessibility SITING AND for persons with disabilities. SITE PREPARATIONS BB87 to BB98 98 MA NAG ING RIS KS FO R A SA FER B UILT ENV IRO NMENT IN KENYA Annex 4: Analysis of the National Building Regulation (Draft Building Code, 2009) and Recommendations KENYA 2009 DRAFT CODE CHAPTER PROBLEM RECOMMENDATION Establish the requirements in the code The code has no provisions to establish for structural systems categories. These the structural systems of buildings195. Volume 3: categories must be selected from structural Thus, it is possible that the designer STRUCTURES systems that performed properly after real selects a structural system without AND MATERIALS earthquakes and that had been tested under the adequate performance for certain FF2 lateral loads to understand their behaviour. seismic hazard. This situation increases This measure will increase the safety and the vulnerability of new buildings. reduce the vulnerability of new buildings. Include wind, earthquake and flooding maps (for example, a flood map that provides information of local [county] or national flooding risk areas) to understand this type There are no wind, earthquake or flood of hazards and develop urban development Volume 3: maps in the code; furthermore, there policies. Include the building code design STRUCTURES are no provisions to evaluate lateral methodologies to evaluate building lateral AND MATERIALS loads for buildings, and disaster risk loads (wind and seismic). Furthermore, FF21.2, FF22, management is not handled as a factor develop disaster risk management and FF24 of planning. The lack of hazard mapping guidelines along the code as a factor of Section U information directly increases the planning to diminish vulnerability, mitigate vulnerability of new buildings. the risk of lateral loads. Finally, it must include design alternatives for new and existing structures. It increases the safety and reduces the vulnerability of new, and existing buildings. The code has no design requirements to provide ductility196 to the structural elements of the Lateral Force Resisting System (LFRS). These requirements Include design requirements to provide a aim to guarantee the performance of ductile behaviour on the elements of the the building under large deformations Volume 3: LFRS. This is important because the ordinary caused by lateral loads, but without the STRUCTURES seismic design is based on considering large rupture or collapse of the building. For AND MATERIALS damage and lateral displacement of the concrete structures, it is provided by FF24 structure under lateral loads. Considering requiring seismic detailing provisions these regulations increases the safety and for reinforcement and redundancy reduces the vulnerability of new buildings. requirements. Buildings designed without these considerations present risks of sudden and brittle failures under lateral (seismic) loads. 195   Structural System: The system of constructional elements and components of any building which is provided to resist the loads acting upon it and to transfer such loads to the ground upon which the foundation of the building rests. 196   Ibid. 99 KENYA 2009 DRAFT CODE CHAPTER PROBLEM RECOMMENDATION The code does not include procedures Include requirements for the minimum for the design of the foundation and geotechnical subsoil exploration, such there are no specific requirements for as the number of perforations and their the minimum geotechnical subsoil depths, and procedures for the design of Volume 3: exploration. This is an issue because the foundation to define the limit states for STRUCTURES under current provisions, foundation the design, the depth of the foundations AND MATERIALS design is developed without appropriate and establish a framework to determine the F25 knowledge of the soil properties and parameters of the soil for the foundation. there are no standard methodologies These requirements reduce the risk of for the foundation design. This increases problems on the foundation during the the risks on the foundation of the lifespan of the structure. building to settle, rotate or even liquify. The code has only some provisions for mechanical, energy conservation, electrical, fire, and plumbing. These Cross-check missing information and provisions are based on interdisciplinary evaluate the coordination between general codes and the coordination among Volume 4: building regulations and specific codes. them as well as the accessibility to the BUILDING Complement the building code with information is not guaranteed. This SERVICES / mechanical, energy conservation, electrical, lack of important information results N, O, P, Q fire, and plumbing with specific code in undefined design conditions that provisions. This is important to generate could generate inconsistent or flawed appropriate interdisciplinary designs. interdisciplinary designs e.g. sprinklers without water tank with an appropriate volume of water supply. The code does not provide the weight Include information about the density of of most common structural and non- structural and non-structural components structural components or the density for the most common elements, and of the materials commonly used in Volume 3: materials used in the local construction. the local buildings. This is crucial for STRUCTURES Establish the real values for the weight of the adequate evaluation of the dead AND MATERIALS structural and non-structural elements of loads218. This lack of information can FF12 a building. Provide minimum loads for the cause uncertainty on the estimation of structural design for gravitational loads. the dead loads of the building which This is important to limit uncertainty on the comprises gravitational and lateral load calculation of the loads. design. 197   Dead Load: A non-varying load which is permanently applied to a structure and acting always as opposed to imposed load. 100 MA NAG ING RIS KS FO R A SA FER B UILT ENV IRO NMENT IN KENYA KENYA 2009 DRAFT CODE CHAPTER PROBLEM RECOMMENDATION Include local material requirements and The code has no requirements for a clear procedure for the validation of local materials and does not include alternatives for materials for buildings, a procedure for the validation of design and construction methods. These alternative: materials, structural requirements should include regulations for Volume 3: systems, design methods, analysis the introduction of new materials, structural STRUCTURES methodologies or construction systems, analysis methodologies, and AND MATERIALS methods. This is an obstacle to the construction methods in specific cases. FF3 introduction of new building materials, Furthermore, these regulations protect the new design and construction methods community from the proliferation of building outside the provisions and limits the materials and procedures outside the local industry by restricting innovate building code and bring the opportunity for solutions under this rule. the local industry to innovate under this rule. Include technical-guidelines and support The code does not include technical- documents for non-engineered construction. guidelines or support documents Furthermore, for alternative: materials, for non-engineered construction. construction, and analysis methods, it Volume 5 : The absence of non-engineered is important to develop guidelines and Section U : SAF., construction regulations for an technical documents, especially for non- DIS. RISK MANG. alternative: materials, construction, and engineered construction. For example, AIS CONST. SITES analysis methods, does not facilitate (2001)219 successfully developed this kind BUILT ENV. the formalization of local materials and of documents in Colombia and as result, practices. This exacerbates the problem the safety increased, and the vulnerability of informal construction, reduces safety decreased for new non-engineering and increases the vulnerability. buildings. The code fails to mention fire protection engineering and geotechnical designer Include in the “Certificate of Identity of engineering among the required Volume 1: Building Control Officer”, the fire protection disciplines in the inspection in the SCOPE, qualified engineering and the geotechnical “Certificate of Identity of Building APPROVALS, designer engineering inspection for private Control Officer”. This could lead CLASS, PERMITS and public buildings. This can increase the to violations of the building code AA22 fire safety and limit possible omissions requirements for fire or inadequate during the construction of the foundation. foundation level during the construction process of private and public buildings. The code has no specific provisions Include provisions for structural stability for structural stability under fire for under fire and fire resistance of non- Volume 3: claddings and partition walls such structural components. This is important STRUCTURE AND as glass brick walls and thermal to guarantee the lateral and fire behaviour MATERIALS / insulations. This increases the risks of of non-structural elements and reduce the Section J fire damages and non-structural lateral direct and indirect damages from the fire on failure damages on their surroundings. the building and its surrounding area. 198   AIS. (2001). “Manual de Construcción, Evaluación y Rehabilitación Sismo Resistente de viviendas de Mampostería”. Bogotá. https://www.asosismica.org.co/producto/manual-de-construccionevaluacion-y-rehabilitacion-sismo-resis- tente-de-viviendas-de-mamposteria. 101 KENYA 2009 DRAFT CODE CHAPTER PROBLEM RECOMMENDATION There are no provisions for the stability of non-structural elements and non- structural walls such as partition and facade walls, lateral design, for loads such as wind and earthquake. Volume 3: In the frame buildings systems with Include provisions for the design of STRUCTURES masonry infills, masonry infills present partitions and facade walls under lateral AND MATERIALS functionality issues because of in- loads such as wind and earthquake. This SECTION J plane and out-of-plane accelerations reduces the vulnerability of the community. during earthquakes. Inadequate design of cladding and partition walls generates damages and victims after an earthquake due to the combination of in-plane and out-of-plane effects. There are no provisions in the 2009 draft building code regarding structural Provide specific provisions in the 2009 draft Volume 5: retrofit and/or maintenance process of building code for the maintenance and/ SAFETY, historical buildings. The lack of specific or retrofit process of historical buildings DISASTER RISK provisions increases the vulnerability of (including retrofit analysis, seismic MANAGEMENT these buildings in case of earthquake, design considerations, etc.) considering AND fire or any other disaster event. This some potential hazards such as fire and MAINTENANCE could lead to serious damages and / earthquake to preserve the historic heritage T or total loss of the historic heritage of of Kenya. Kenya. The code does not consider regulations Include integrated water-cycle management for integrated water-cycle management in the code for potable water, stormwater, Volume 4: for potable water, stormwater or and wastewater for buildings. This considers BUILDING wastewater for buildings199. The water supply, distribution, collection, SERVICES / implementation of integrated water- treatment, reuse, and adequate disposal O cycle management reduces carbon after a new treatment. This is important to footprint This regulation aims to achieve achieve sustainable buildings and reduce an energy and water conservation code. water consumption. There are no requirements for the Incorporate sustainable construction thermal insulation of the cladding, regulations and benefits for lower carbon Volume 4: partitions, ceilings, or mechanical footprint materials. Include sustainable BUILDING efficiency of building equipment. energy consumption in the building code. SERVICES / The lack of regulations on thermal This guarantees the comfort and safety of NN31.5 insulations and mechanical efficiency the users and reduces energy consumption has a big impact on the energy as well as the carbon footprint of the consumption of buildings especially with building. the hot climate of Kenya. 199   See annex 1 – Integrated water-cycle management. 102 MA NAG ING RIS KS FO R A SA FER B UILT ENV IRO NMENT IN KENYA KENYA 2009 DRAFT CODE CHAPTER PROBLEM RECOMMENDATION The code has no provision to evaluate lateral soil pressure, hail or ponding. Volume 3: An inadequate evaluation of the lateral Include a provision to evaluate lateral soil STRUCTURES soil pressure of a retaining wall200 or the pressure and hail loads. Considering these AND MATERIALS omission in the design of the effects of loads in design reduces the risk of collapse FF13 the accumulation of frozen hail on roofs of retaining walls and roofs. can cause total or partial collapse of a structure. The building code does not indicate the consequences of the gravitational and Include a validation procedure for the lateral loads due to change of use201 change of use. The procedure encompasses Volume 2: of a structure, for example, when a a verification for the original and the PHYSICAL domestic or housing building changes proposed use of the building under lateral PLANNING, partially or totally to a commercial and gravitational loads. This is important SITING AND use, design requirements for lateral to verify the adequacy of the structure SITE and gravitational loads for commercial for the new use and to assess the current PREPARATIONS use are higher. The lack of provisions condition. This will guarantee the safety of BB13.3 for change of use increases the the community in case of change of use of a vulnerability of the community due to building. the risk of overloading. The conditions to evaluate overturning202 are not clearly Define conditions to evaluate overturning Volume 3: established. This must be considered for including load combinations, safety factors STRUCTURES seismic and wind loads with adequate according to the load combinations, seismic, AND MATERIALS safety factors and load combinations. and wind loads. Overturning verification is FF24 Adequate evaluation of overturning important to prevent instability. aims to guarantee the stability203 of the building. Exclude products made of asbestos in the Volume 4: The code allows the use of pipes made code. This is important to reduce risks during BUILDING of materials with asbestos for subsoil handling, installation, maintenance, and SERVICES / drainage. Exposure to asbestos causes disposal after the demolition of the building O0048 serious respiratory diseases. process. 200   Retaining Wall: Wall providing lateral support to the ground or to resist pressure from a mass of other material, such as earth or water. 201   A change of use is required when the original use or occupancy of the building or a land changes, such as when a domestic or housing building changes partially or totally to a commercial use. 202   Overturning: Failure of a building caused by the soil pressure, which overcomes the general stability of the building. 203   Stability: The property of a body to maintain its attitude or to resist displacement, and, if displaced, to develop forces moments tending to restore the original condition. 103 Annex 5: Process Mapping for Plan Review, Permitting and Inspection in Nairobi City County 104 MA NAG ING RIS KS FO R A SA FER B UILT ENV IRO NMENT IN KENYA 105 Annex 6: Organisational Chart of Nairobi City County Nairobi City Council Environment, Education, Devolution, Commerce, Information Food, Finance and Health Services Energy, Water Youth, Public Services Tourism and Planning, Land, Housing Communication Agriculture Economic County Sec., Compliance, Transport, Roads and Natural Gender, and Co-operative Technology and and Forestry Planning Resources Sports and Admninistration SECTOR and Urban Renewal e-Government SECTOR SECTOR Fire and Disaster Mgmt. and Public Works SECTOR Culture SECTOR SECTOR SECTOR SECTOR SECTOR SECTOR SECTOR Urban Planning Fire and Dis. Mgmt. Public Works SUB-SECTOR SUB-SECTOR SUB-SECTOR Public Health Development Planning Compliance Urban Policy, Urban Design and Management and and Enforcement Research and Development Regularization Statistics DIRECTORATE SECTION DIRECTORATE DIRECTORATE DIRECTORATE Development Control Fire Structural Review SECTION SECTION SECTION 106 MA NAG ING RIS KS FO R A SA FER B UILT ENV IRO NMENT IN KENYA Annex 7: Example of Construction Risk Matrices used in the Municipality of La Paz in Bolivia 107 This report provides an assessment of the building regulatory framework in Kenya. Research and recommendations were developed by the World Bank with the strategic objective of improving building safety and resilience across the country. The analysis and recommendations outlined in the report provide inputs with which the Government of Kenya can launch a comprehensive process of building regulatory reform. The recommendations proposed build on the existing efforts the Government has made to promote this agenda. As part of the Global Facility for Disaster Risk Reduction (GFDRR), the Building Regulation for Resilience Program develops and promotes activities to increase regulatory capacity to promote a healthier, safer and more sustainable built environment. By leveraging good practice in building regulation as part of a strategy to reduce both chronic risk and disaster risk, it sets low and middle income countries on the path to effective reform and long-term resilience. The GFDRR is a global partnership that helps developing countries better understand and reduce their vulnerabilities to natural hazards and adapt to climate change. Working with over 400 local, national, regional, and international partners, GFDRR provides grant financing, technical assistance, training and knowledge sharing activities to mainstream disaster and climate risk management in policies and strategies. Managed by the World Bank, GFDRR is supported by 34 countries and 9 international organizations.