# ANNEX D: LAWS GOVERNING CONSTRUCTION AND MAINTENANCE

- [1.Local Government (Adoptive ByLaws) Building Order, 1968 and The Local Government (Adoptive By-Laws](/kenya-legal-policy-and-institutional-review/annex-d-laws-governing-construction-and-maintenance/1.local-government-adoptive-bylaws-building-order-1968-and-the-local-government-adoptive-by-laws.md): The building code provides for specifications on siting of buildings, building materials and other construction requirements.
- [2.  National Building Code, 2024](/kenya-legal-policy-and-institutional-review/annex-d-laws-governing-construction-and-maintenance/2.-national-building-code-2024.md): It seeks to repeal the 1968 Building Code which is now considered obsolete as it does not consider developments that have occurred in the construction industry including green buildings.
- [3. National Construction Authority Act, No. 41 of 2011](/kenya-legal-policy-and-institutional-review/annex-d-laws-governing-construction-and-maintenance/3.-national-construction-authority-act-no.-41-of-2011.md): The law provides for establishment of the National Construction Authority (NCA), established under section 3 of the Act, which oversees  the construction industry and supervising construction works.
- [4. National Construction Authority Regulations, 2014](/kenya-legal-policy-and-institutional-review/annex-d-laws-governing-construction-and-maintenance/4.-national-construction-authority-regulations-2014.md)
- [5. NCA Code of Conduct for the Construction Industry, 2020](/kenya-legal-policy-and-institutional-review/annex-d-laws-governing-construction-and-maintenance/5.-nca-code-of-conduct-for-the-construction-industry-2020.md): The Code provides for general principles, the scope of application, acceptable conduct by parties, general unacceptable conduct, enforcement of the code of conduct, and monitoring and evaluation.
- [6. National Construction Authority (Defects Liability) Regulations, 2020](/kenya-legal-policy-and-institutional-review/annex-d-laws-governing-construction-and-maintenance/6.-national-construction-authority-defects-liability-regulations-2020.md): The Regulations sought to impose responsibility and liability on contractor and  other professionals involved in a project in case of defects in the building within the Defects Liability Period.
- [7. Standards Act, 1974 (Cap 496)](/kenya-legal-policy-and-institutional-review/annex-d-laws-governing-construction-and-maintenance/7.-standards-act-1974-cap-496.md): The Act promote the standardisation of the specification of commodities, to provide for the standardisation of commodities and codes of practice; to establish the Kenya Bureau of Standards.
- [8. Buy Kenya-Build Kenya Strategy 2017](/kenya-legal-policy-and-institutional-review/annex-d-laws-governing-construction-and-maintenance/8.-buy-kenya-build-kenya-strategy-2017.md): The Strategy aims to promote and enhance the competitiveness and consumption of Kenya’s own products and services in both absolute figures and as a proportion of the gross domestic product (GDP).
- [9. Sessional Paper No. 1 of 2013 National Building Maintenance Policy for Kenya](/kenya-legal-policy-and-institutional-review/annex-d-laws-governing-construction-and-maintenance/9.-sessional-paper-no.-1-of-2013-national-building-maintenance-policy-for-kenya.md): The Policy document provides for maintenance of buildings to inform on responsibilities of property owners/developers.
- [10.	National Risk Disaster Management Bill 2023](/kenya-legal-policy-and-institutional-review/annex-d-laws-governing-construction-and-maintenance/10.-national-risk-disaster-management-bill-2023.md): The Bill sought to provide a legal framework for managing disaster risks premised on seeking first to respond effectively and in a timely manner to disasters or disaster risk.
- [11. Kenya National Climate Change Response Strategy 2010](/kenya-legal-policy-and-institutional-review/annex-d-laws-governing-construction-and-maintenance/11.-kenya-national-climate-change-response-strategy-2010.md): The Response Strategy provides for ways of enhancing the resilience of urban areas to climate change including through building practices.
- [12.	Sustainable Waste Management Act 2022](/kenya-legal-policy-and-institutional-review/annex-d-laws-governing-construction-and-maintenance/12.-sustainable-waste-management-act-2022.md): The law establishes a legal and institutional framework for the sustainable management of waste to ensure realization of the right to a clean and health environment.
- [13.	Forest Conservation and Management Act, No. 34 of 2016](/kenya-legal-policy-and-institutional-review/annex-d-laws-governing-construction-and-maintenance/13.-forest-conservation-and-management-act-no.-34-of-2016.md): The Act provides for the development and sustainable management, including conservation and rational utilization of all forest resources for the socio-economic development of the country.
- [14.	Forests (Harvesting) Rules, 2009](/kenya-legal-policy-and-institutional-review/annex-d-laws-governing-construction-and-maintenance/14.-forests-harvesting-rules-2009.md): The Regulations provide for rules guiding the harvesting of trees used in housing construction from forests.
- [15.	Public Health Act, 1921 (Cap 242)](/kenya-legal-policy-and-institutional-review/annex-d-laws-governing-construction-and-maintenance/15.-public-health-act-1921-cap-242.md): The Act provides for the legal framework on sanitation and housing standards.
- [16.	Public Health (Drainage and Latrine) Rules, 1948](/kenya-legal-policy-and-institutional-review/annex-d-laws-governing-construction-and-maintenance/16.-public-health-drainage-and-latrine-rules-1948.md): The Rules provide for setting up of drainage and latrines in order to enhance public health standards.
- [17.	Mining Act, No. 12 of 2016](/kenya-legal-policy-and-institutional-review/annex-d-laws-governing-construction-and-maintenance/17.-mining-act-no.-12-of-2016.md): The Act provides for prospecting, mining, processing, refining, treatment, transport and any dealings in minerals.
- [18.	Persons with Disabilities Act, No. 14 of 2003](/kenya-legal-policy-and-institutional-review/annex-d-laws-governing-construction-and-maintenance/18.-persons-with-disabilities-act-no.-14-of-2003.md): The statute provides for the rights and rehabilitation of persons with disabilities to achieve equalization of opportunities for persons with disabilities.
- [19.	The Climate Change (Amendment) Act, 2023](/kenya-legal-policy-and-institutional-review/annex-d-laws-governing-construction-and-maintenance/19.-the-climate-change-amendment-act-2023.md): The Act amends the Climate Change Act to include the regulation of carbon projects and trading in the country. It came into force in September 2023.
- [20.	Water Act No. 43 of 2016](/kenya-legal-policy-and-institutional-review/annex-d-laws-governing-construction-and-maintenance/20.-water-act-no.-43-of-2016.md): The Act provides for regulation, management and development of water resources, water and sewerage services.
- [21.	Environmental Management and Coordination Act, No. 8 of 1999](/kenya-legal-policy-and-institutional-review/annex-d-laws-governing-construction-and-maintenance/21.-environmental-management-and-coordination-act-no.-8-of-1999.md): The statute seeks to provide for the establishment of an appropriate legal and institutional framework for the management of the environment and for matters connected therewith.
- [22.	Environmental (Impact Assessment and Audit) Regulations, 2003](/kenya-legal-policy-and-institutional-review/annex-d-laws-governing-construction-and-maintenance/22.-environmental-impact-assessment-and-audit-regulations-2003.md): These Regulations provide details on the conduct of environmental impact assessment and audits that precede construction projects.
- [23.	Environmental Management and Co-ordination (Water Quality) Regulations, 2006](/kenya-legal-policy-and-institutional-review/annex-d-laws-governing-construction-and-maintenance/23.-environmental-management-and-co-ordination-water-quality-regulations-2006.md): These Regulations provide for protection of water quality including measures of preventing water pollution.
- [24.	Environmental Management and Coordination (Noise and Excessive Vibration Pollution) (Control) Re](/kenya-legal-policy-and-institutional-review/annex-d-laws-governing-construction-and-maintenance/24.-environmental-management-and-coordination-noise-and-excessive-vibration-pollution-control-re.md): These Regulations provide for rules governing noise pollution including acceptable practices and noise levels.
- [25.	Energy Act No. 1 of 2019](/kenya-legal-policy-and-institutional-review/annex-d-laws-governing-construction-and-maintenance/25.-energy-act-no.-1-of-2019.md): The Act consolidates laws relating to energy, provides for National and County Government functions in relation to energy, to provide for establishment, powers and functions of the regulator (EPRA).
- [26. Proposed Climate Change (Green & Resilient Buildings) Regulations 2023](/kenya-legal-policy-and-institutional-review/annex-d-laws-governing-construction-and-maintenance/26.-proposed-climate-change-green-and-resilient-buildings-regulations-2023.md): These Regulations have been developed by the Cabinet Secretary for Environment, Climate Change and Forestry to give effect to the Climate Change Act.
- [27. The National Construction Authority (Amendment) Bill 2022](/kenya-legal-policy-and-institutional-review/annex-d-laws-governing-construction-and-maintenance/27.-the-national-construction-authority-amendment-bill-2022.md): The principal object of this Bill is to amend the National Construction Authority Act, No.41 of 2011 to provide for exemption  from payment of some fees.
- [28. The Water (Amendment) Bill, 2023](/kenya-legal-policy-and-institutional-review/annex-d-laws-governing-construction-and-maintenance/28.-the-water-amendment-bill-2023.md): The Water Amendment Bill 2023 seeks to amend the Water Act 2016 to provide for Public Private Partnerships in the water Sector
- [29. Persons with Disabilities Bill, 2023](/kenya-legal-policy-and-institutional-review/annex-d-laws-governing-construction-and-maintenance/29.-persons-with-disabilities-bill-2023.md): Bills seek to provide for an institutional framework for protecting and promoting the rights of persons with disabilities as well as providing incentives and reliefs to such persons.
- [Case Law](/kenya-legal-policy-and-institutional-review/annex-d-laws-governing-construction-and-maintenance/case-law.md): This section discusses judicial decisions that have been adjudicated and which affect construction and maintenance value chain.
