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.
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Quick Link: https://kenyalaw.org/kl/fileadmin/pdfdownloads/LegalNotices/2024/LN47_2024.pdf
· This Code was made by the Cabinet Secretary in consultation with the National Construction Authority Board as provided for under section 42(2) (a) of the NCA Act 2011. The purpose of the Code is to promote order and safety in construction works, and the health and safety of persons in or about construction works. The National Construction Authority will be the enforcer of the Code.
· The Code was published as Legal Notice No. 47 on 1st March 2024 and it is meant to be effective one year after publication. It repeals the Local Government (Adoptive By-Laws) (Building) Order 1968.
· Section 5 of the Code provides that a person shall not engage in construction works without complying with the Code. Also, one who owns or occupies a building shall comply with the Code. It further provides that a person who intends to undertake any construction works shall obtain: (a) development permission in accordance with the Physical and Land Use Planning Act, 2019; No. 8 of 1999; (b) an environmental impact assessment licence issued in accordance with the Environmental Management and Coordination Act, 1999; (c) a compliance certificate issued in accordance with the Act; and (d) any other applicable approval.
· Section 6 states that preparation of the design and supervision of the works in a building shall only be undertaken by a registered and licensed professional including a physical planner, architect, engineer, land surveyor, building surveyor and quantity surveyor duly registered under the relevant law.
· Part II provides for siting and space about buildings that are acceptable. Section 7 provides that an owner engaging in construction works shall comply with the conditions as may be imposed by the approving authority regarding the siting, size, height, shape and appearance of the building to safeguard, maintain or impose the dignity or preserve the amenity and general appearance of a road, square, public place. Section 9 provides that an owner engaging in construction works on a plot shall ensure that the plot has at least one access from a road. Further, an owner shall develop and maintain the frontage of the building and a building shall not have a frontage abutting onto a road of a width of less than 10m. An owner must not erect a building on a plot with a frontage to a road that is a sanitary lane or passage. Section 14 provides that a plot in which a residential building is constructed shall have an open space at the rear, or partly rear and at the side, of the building and a building shall not be erected within 1.5m of the rear boundary and at least 1.5m from the side boundary which space shall be counted as part of the open space. Section 20 provides where a building contains more than one dwelling and is designed to have an internal courtyard or open space, there shall be in the courtyard or open space, an area free from obstruction of at least 35m2 which has a dimension of at least 4.5m.
· Part III provides for parking spaces or requirements. Section 46 provides that there shall be 1 parking space off the road for residents; and 1 parking space off the road for visitors.
· Part IV contains provisions on preparation of construction sites including preparation of plot, cleaning of construction site, and facilities at a construction site such as: (a) sanitary facilities for the use of the personnel on the site; (b) for the disposal of drainage into a public drain or sewer where a drain or sewer exists on or near a site; and (c) changing rooms for the use of the construction workers on the plot. It provides that before the erection, alteration, scaffolding or demolition of a building, the owner of the plot on which the building is located shall erect a fence, hoarding or barricade, to prevent the public from entering the plot and to protect the public from the activities on the plot.
· Part V provides for building materials and used materials. It provides that a person shall not use or permit to be used, in any construction works, any material which is not— (a) of a suitable nature and quality for the purpose for which it is used; (b) adequately mixed or prepared for the functions for which it is designed; or (c) applied, used or fixed in such a manner as to adequately perform the functions for which it was designed. It provides that all materials shall conform to the standards and codes of practice developed under the Standards Act (Cap 496). Section 59 of the Code permits the use of second-hand materials provided they meet the performance requirements of the corresponding relevant standard.
· Part VI provides for elements of structural design of buildings including structural materials, design and requirements. The Code provides that every building, structural element or component of a building and an incidental structure shall be designed to be safe and serviceable, and the design shall have adequate structural resistance, serviceability, durability and reliability.
· Part VII provides for acceptable spaces within buildings including space requirements for room or space within a building, plan dimensions, room height, protection of opening, distance from staircase, and swimming pool, among others. A room or space within a building shall have the dimensions that will ensure that the room or space is fit for the purpose for which it is intended. A habitable room shall be a dwelling room which has a minimum superficial area of 7.0m2 for a single room occupancy and a minimum internal dimension of 2.1m. (3) The number of persons to be accommodated in a habitable room shall be determined based on 3.5m2 per person. (4) A residential building, and a part of a residential building which is intended to be separately let for dwelling purposes, shall have a kitchen and sanitary facility.
· Part VIII provides requirements for floors, construction of floors, and timber floors. It provides that floors be strong enough to safely support their own weight and any load to which it is likely to be subjected; have a fire resistance appropriate to its use and where required, be non-combustible.
· Part IX speaks of walls including structural strength and stability, roof fixing, wall dimensions, fire resistance and columns and piers in walls among others.
Part X provides for lighting and ventilation including artificial lighting and ventilation, windows, natural lighting, energy efficiency and thermal comfort, among others. It provides that a room shall have a means of lighting and ventilation which shall enable the room to be used for the purpose for which the room is designed without detriment to the health or safety or causing nuisance. A residential building shall have a means of ventilation and shall have windows that are positioned to directly open to the external air. All roof spaces shall be adequately ventilated. Section 161 provides that an owner designing a building may conform to the sustainable design strategies derived from independent green building certification organizations.
· Part XI contains provisions on glazing and cladding by providing that materials used in glazing a building shall be secure, durable and fixed in such a manner to ensure its capacity can sustain wind loads and not allow penetration of water into the interiors of a building.
· Part XII provides for staircases, lifts and escalators. The Code provides that a building which exceeds one storey in height shall have at least one staircase to access the upper floors. The main staircase of a building which exceeds four storeys in height, shall be continued to the roof of the building unless a staircase for use as a fire escape is provided. Where an owner installs an escalator in a building, the owner shall ensure that a staircase is also constructed in the building. A building comprising at least six storeys above ground level shall have at least one passenger lift. (This is a revision from previous regulations that allowed five stories above ground without a lift).
· Part XIII provides for roofing and stipulates that roofing structure design shall be prepared by a civil engineer or an architect. A roof must be constructed in a way that it is durable and waterproof, capable of resisting any force it is likely to be subjected to, prevents accumulation of rainwater on the surface and provides adequate height.
· Part XIV provides for water management, water services, drainage, water disposal and stormwater drainage. It requires the provision of rainwater harvesting in all construction works as well as drainage installation.
· Part XV speaks to electrical installations.
· Part XVI contains provisions on landscaping design considerations. It provides that an owner must provide for a landscaped area whose design shall be prepared by an architect.
· Part XVII provides for inspection and maintenance including periodic inspection of buildings. It requires the inspection of a building to be conducted every five years following completion of such building.
· Part XVIII provides for non-waterborne waste disposal. It provides that a person shall not construct a pit latrine in an urban area unless approved by the approving authority.
· Part XIX provides for refuse disposal by providing that every building shall have an approved means of refuse storage and disposal with the area designated for such disposal located in such a way that it can be accessed from a road for the purpose of removing the refuse.
· Part XX contains provisions in buildings to cater for persons living with disabilities. It provides that a building shall be designed in a manner that facilitates access to the building, and to the use of its facilities, by a person living with a disability. It provides that access for a person living with a disability shall be provided from a point on the plot boundary to at least one entrance, and such access shall not have a step, kerb (other than a dropped kerb), steep ramp, door or doorway which would impede the passage of a wheelchair or other form of barrier which would prevent access by a person living with a disability. It requires for provision of a ramp where there is a change in the level other than when the change in the level is served by a lift.
· Part XXI contains provisions on fire safety and fire installations. It provides that a building shall be designed, constructed and equipped in a manner that ensures that in case of a fire, the protection of occupants as well as their safe evacuation is assured; the spread and intensity of fire is minimized; sufficient stability is retained to ensure it does not affect other buildings.
· Part XXII provides for demolition of buildings.
· Part XXIII provides for disaster risk management on construction sites. There must be firefighting equipment at a construction site, as well as suitable and sufficient safe access to a place of construction works or another place provided for the safe use of a person while at the construction works.
· Part XXIV provides for access roads, cul-de sacs and other private roads. A private road or cul-de-sac shall be accessible from an existing road or another new road and shall have a footpath of a width of at least 2 metres on either side. It further provides that all roads shall have a safe cyclist lane and designated parking spaces and footpaths must be protected to prevent vehicles from entering there. It provides that they shall have channels, drains and sewers for the carriage of rainwater and surface water to a stormwater drain.
· While there are many progressive provisions in the Code, a departure from the current outdated Code, there are also areas that the new Code can improve upon.
· The Code should recognize and provide for a wide array of professionals in the sector beyond architects and engineers to include emerging professionals such as landscapers and project managers.
County governments also seem to lack the capacity to implement the Code. Accordingly, there is a need for more capacity building on the part of counties both in terms of additional staff, training of staff and additional technical resources. Consideration can be given to leveraging resources from the private sector to strengthen the capacity for plan reviews and inspections and implementing the Code
