2. National Building Code, 2024

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.

Quick Link: https://new.kenyalaw.org/akn/ke/act/ln/2024/47/eng@2024-03-01

· The Code was made by the Cabinet Secretary in consultation with the National Construction Authority Board under section 42(2)(a) of the NCA Act, 2011. Its purpose is to promote order and safety in construction works, and to safeguard the health and safety of persons in and around buildings. The National Construction Authority will enforce the Code.

· The Code was published as Legal Notice No. 47 on 1st March 2024 and became effective on 1st March 2025. It repeals the Local Government (Adoptive By-Laws) (Building) Order 1968.

· Section 5 provides that no person may undertake construction without complying with the Code. Both owners and occupants must ensure compliance. Any person planning construction must obtain: (a) development permission under the Physical and Land Use Planning Act, 2019; (b) an environmental impact assessment licence; (c) a compliance certificate under the NCA Act; and (d) any other required approval.

· Section 6 states that the design and supervision of building works shall only be undertaken by registered and licensed professionals—planners, architects, engineers, surveyors and similar practitioners.

· Part II provides requirements on siting and space about buildings. Section 7 requires compliance with conditions imposed by the approving authority on siting, size, height, and appearance of buildings to protect the character of public spaces. Section 9 requires every plot to have at least one access road, and prohibits buildings fronting roads less than 10 metres wide or sanitary lanes. Section 14 requires residential plots to maintain open space at the rear and sides of buildings—at least 1.5 metres from boundaries—to support ventilation, light, safety, and habitability. Section 20 requires internal courtyards or open spaces in multi-dwelling buildings to have at least 35m² of unobstructed area with a minimum dimension of 4.5m to prevent overcrowding and improve airflow.

· 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 provides for site preparation and basic facilities, including sanitary amenities for construction workers, drainage, and changing rooms. It also requires fencing or barricades to protect the public during construction.

· Part V regulates building materials. Materials must be suitable, properly prepared, and correctly applied for their intended use. All materials must conform to standards under the Standards Act. Section 59 permits second-hand materials if they meet the performance standards—important for affordability and alternative construction solutions.

· Part VI sets out structural design requirements. Every building and structural element must be safe, serviceable, durable, and reliable.

· Part VII provides requirements for interior spaces. Rooms must be fit for their intended use. Habitable rooms must have at least 7.0m² for single-room occupancy and an internal dimension of at least 2.1m. Occupancy is based on 3.5m² per person to prevent overcrowding. All separately lettable residential units must include a kitchen and sanitary facility, reinforcing minimum decent living standards.

· Part VIII provides requirements for floors, including strength and fire resistance, providing that floors be strong enough to safely support their own weight and have a fire resistance appropriate to their use and where required, be non-combustible.

· Part IX provides requirements for walls, including strength, stability, and protection from weather and fire.

Part X provides for lighting, ventilation, energy efficiency and thermal comfort. Rooms must have adequate lighting and ventilation for safe and healthy use. Residential buildings must have windows opening directly to external air, and roof spaces must be ventilated. Section 161 allows owners to adopt sustainable design strategies aligned with green building certification systems.

· Part XI regulates glazing and cladding to ensure durability, water resistance, and wind-load capacity.

· Part XII provides for staircases, lifts and escalators. Buildings taller than one storey must have at least one staircase. Buildings with more than four storeys must extend the main staircase to the roof unless a fire-escape staircase is provided. Buildings with at least six storeys must have a passenger lift.

· Part XIII provides roofing requirements, including durability, waterproofing, and proper drainage.

· Part XIV provides for water management and drainage. All buildings must include rainwater harvesting and proper stormwater drainage.

· Part XV covers electrical installations.

· Part XVI provides for landscaping, requiring landscaped areas to be designed by an architect.

· Part XVII provides for inspection and maintenance, requiring periodic inspection every five years after completion.

· Part XVIII provides for non-waterborne waste disposal, including approval requirements for pit latrines in urban areas.

· Part XIX requires proper refuse storage and disposal systems accessible from the road for collection.

· Part XX provides for accessibility for persons with disabilities. Buildings must allow step-free access from at least one point on the plot boundary to an entrance, and must include ramps or lifts where needed.

· Part XXI provides for fire safety, requiring buildings to be designed and equipped to protect occupants, enable evacuation, and limit spread of fire.

· Part XXII provides for demolition of buildings.

· Part XXIII provides for disaster risk management on construction sites, including fire-fighting equipment and safe access.

· Part XXIV provides for access roads, cul-de-sacs and private roads. These must include 2-metre footpaths on both sides, cyclist lanes, and designated parking spaces. Roads must include drainage to carry rainwater to stormwater systems.