The imperial and metric systems are two different measurement systems for length, area, volume and mass.

While the metric system is based on scaling where units are expressed in multiples (or fractions) of ten, the imperial system is more complex. The inch is divided into halves, quarters, eighths, etc. And there is no straightforward way to convert the imperial units e.g. there are 12 inches in a foot, three feet make a yard, five and a half yards are equal to a rod, four rods are a chain…..etc

The metric system, also known as the Système International (SI) is the most common measurement system worldwide. Having a standard unit of measurement is important so that everyone can understand each other. Only 3 countries have yet to adopt the metric system namely: The United States, Liberia and Myanmar.  The US is the only industrialized nation that does not mainly use the metric system in its commercial and standards activities. The UK is a bit of a weird one, as it’s a mixture of measurements that are used. For example, most measurements are done in the metric system. But distances are measured in miles and speedometers in cars use miles per hour.

Historically, the imperial system was the official weights and measurement system used in Great Britain and other Commonwealth countries. The United States Customary System (USCS) was based on the British Imperial System.

France was the first country officially adopted the metric system in 1800s. Most countries converted (known as the metrication) in the ’70s and ’80s.

Kenya changed to the metric system in 1969. The International System of Units (SI) is the only legal system of Weights and Measures in Kenya. All weighing and measuring instruments are required by law to be tested for accuracy and stamped by the Inspectors of Weights and Measures before they are sold or brought into trade use and thereafter once every year.

The Imperial system of weights and measures although considered now to be obsolete still has an influence on the built environment, as buildings and infrastructure constructed prior to 1970 (and those still being built in the USA) were built to the tenets of a system that used feet and inches instead of meters.

Even today we still have remnants of the imperial system with us where you have estate agents selling land in acres (imperial unit) while surveyors work in hectares (metric unit). This is why your title deed will indicate the size in hectares (ha).

The post Metric System Vs Imperial: Why are there Two Measurement Systems? appeared first on My Building Code.

1. What is a certificate of Occupation?
2. When is a certificate of occupation issued?
3. Why is the certificate necessary?
4. Procedure to obtain Certificate of Occupation in Kenya
   • Required Documents
   • Step 1: Lodging the application
   • Step 2: Advertisement
   • Step 3: Endorsement, Stamping and Signing

What is a Certificate of Occupation?

The Certificate of Occupation/ Occupancy or Occupation permit in Kenya is a legal document usually issued by a local government agency or the housing/building department declaring a building’s compliance with relevant building codes and other laws, and indicating it to be in a condition suitable for human habitation.

When is an Occupation Certificate issued?

This certificate is normally issued once the construction of a development is complete. It is considered a part of the building approval process.

A new Certificate of Occupation (C of O) may be required if the occupancy classification of a building, or portion of a building, is changed. For example, an old house turning into an office building will have to apply for change of occupancy from residential to office building. This is commonly referred to as change of use or change of occupancy.

Sometimes this review may result in a Zoning Compliance Certificate instead of a new Certificate of Occupancy.

A new C of O can only be issued following the issuance of a building permit and performance of inspections to assure compliance with the current codes governing the proposed occupancy.

Why is the certificate necessary?

The purpose of obtaining a certificate of occupancy is to prove that, according to the law, the house or building is in livable condition.

As a building owner, you may find a certificate of occupancy necessary when you need to sale or take a mortgage on a house. As well as when you need to occupy the house for everyday living, in instances when you have done your own construction.

Every prospective buyer and/or tenants should insist on seeing the occupation certificate from the building owner. They should confirm its authenticity by cross-checking with the lands ministry.

Procedure to obtain Certificate of Occupation in Kenya

The process to obtain a certificate of occupancy varies depending on the building or structure in question.

For the remaining part of this article we shall concentrate on how to obtain a C of O for a new build.

It is the responsibility of the developer to obtain the certificate of occupation, once the project has been completed.

Required Documents – Certificate of Occupancy in Kenya

The Applicant should purchase a form from the Land use and Administration Committee (LAC) or Obtain application form (hard copy) from the Ministry, (Land Use and Allocation Section) or any of its field offices in other districts.

Step 1: Lodging the application

After filling the form, the applicant should submit the application back to the Land Use Administration committee (LAC) and collect an acknowledgement slip as evidence of payment.

A complete application form should be returned accompanied with

• The root of title to the subject parcel of land
• Three copies of the survey plan
• Your tax clearance certificate for three years or evidence of being domiciled outside Kenya
• There copies of your passport photographs
• Official receipt for the application fee of Ksh.50. (Residential) land use) or Ksh. 2, 000 for (Commercial land use).
• Your telephone number and or your email address
• Fees for advertising on the Kenyan observer paid directly to the Land Use and Administration committee of the Ministry

Step 2: Advertisement

The application will be advertised on the Kenya Observer (in batches). If no objection to the grant of the certificate of occupancy is received within the 21 days statutory waiting period, your application will be processed by the relevant departments of the Ministry.

Step 3: Endorsement, Stamping and Signing

The next step is to pay for the Allocated land within a period of ninety days. On payment of the prescribed fees, your Certificate of Occupancy will be prepared and forwarded to Authority of the county for endorsement.

The document is then sent to the Kenya Revenue office for stamp duty stamping.

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If you are a budding entrepreneur who is seeking an impressive return on your investments then construction is the way to go. But first, you must ensure your business is properly registered and meets legal compliance.

The process of starting a construction company is the same as registering any other company but with an additional step of registering with the National Construction Authority (NCA).

There are also some additional requirements for foreigners who want to start operating businesses in Kenya.

How to start a construction company: a step by step guide

1. Register with the registrar of companies

A contractor or construction firm is required to hold a certificate of incorporation from the registrar of companies in Kenya. This means that the firm must be registered as a legal company within the country, either as limited liability, sole proprietorship or as a partnership company.

2. Register your company with NCA

A contractor applying to operate in Kenya must prove tax compliance by submitting the below documents to National Construction Authority (NCA).

• Valid PIN,
• VAT
• Income Tax compliance certificates
• Evidence of Bank Account that has been opened under the name of the contractor company

All the directors must also forward their CVs to the National Construction Authority.

The full list of documents required for registration under NCA can be accessed here.

Before registration, the firm needs to be aware of the class of construction that they intend to apply for. NCA has 7 classifications of contractors depending on the scope of work the company is allowed to undertake. This ranges from NCA 1 which enjoys an unlimited contract value to NCA 7 which can undertake contracts not worth more than sh20 million.

The requirements for each class will vary depending on the category. A company to be registered under NCA 1 is required to have at least one director with a degree in a building and construction-related field while a director with a trade test is required for registration under cadre NCA 7.

The registration fee as well as the annual license renewal fee also varies across the categories ranging from KSh10,000 to KSh50,000 and KSh5,000 to KSh10,000 respectively.

3. CR-12 Letter and AGPO certificate

These are additional steps that only apply to those businesses intending to go for government (national or county) tenders.

You have to register with the Access to Government Procurement Opportunities (AGPO) for a certificate which prequalifies you to bid in the reserved tenders.

In order to apply for a CR-12 letter, a letter will need to be written on your company letterhead requesting Company Registry to give you a CR-12 letter that contains a list of directors in your registered company. You will also need to attach a copy of the Certificate of Incorporation on your request.

4. Additional requirements for foreign construction company.

Foreign contractors are issued with a clearance certificate that remains valid for only a specific period. They are required to satisfy the NCA that they are in Kenya for only that specific project.

The firms are required to lodge an affidavit with the Authority that they shall not carry out any other construction project in Kenya once they complete the project for which they have been cleared.

Foreign firms should also submit a commitment to transfer technical skills not available locally to locals as the NCA may determine from time to time.

Upon successful application, the contractor is issued with a ‘Certificate of Registration’

Foreign contractors pay a registration fee of Sh250,000 and are restricted to categories of tenders they win.

Foreign contractors applying for temporary registration are required to commit to sub-contract “not less than 30 percent of the value” to local contractors.

Foreign contractors are not cleared to carry out work below NCA 1 category.

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Accessibility is equality.

Making spaces accessible to people with disabilities is a mandatory requirement for both the public and private sectors.

According to the 2019 census, 2.2% of Kenyans ( around 0.9 million people) live with some form of disability.

This number is probably higher when you consider the fact that as people get older, many begin to face a disability of some kind.

It, therefore, makes business sense to ensure that the design of your premises, products, and services can be used by as many people as possible.

And in the advent of accessibility and inclusion for equal rights, the absence of such facilities can expose an organization to litigation.

The draft national building code 2020 has a section on special requirements for people living with disabilities (Part XX). The code stipulates 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 in accordance with KS ISO 21542:2011 (Building Construction— Accessibility and Usability of the Built Environment).”

How can you make an environment more accessible?

Through accessibility, we’re able to realize the rights and inclusion of persons with disabilities (PWDs) in society and development.

PWDs experience functional limitations ranging from having a hearing, visual, motor, or cognitive impairment among others. The provision of flexible facilities and environments will ensure that we accommodate each user’s needs and preferences.

The most common challenges faced by PWDs in the built environment revolve around inaccessible transport, inaccessible buildings, and inaccessible workspaces.

Universal Design

A fundamental condition of good design is Universal design. This is defined as the design of products and environments to be useable by all people to the greatest extent possible without the need for adaptation or specialized design.

A common example of universal design is the sidewalk ramp or curb cut. A curb cut is essential for people using wheelchairs, but it also benefits kids riding bikes, seniors using walkers, parents pushing strollers, and delivery people pulling heavy trollies. When something is universally designed, it can be used easily by everyone.

Reasonable Accomodation

Whereas accessibility relates to groups, reasonable accommodation relates to individuals.

The term “accommodation” refers to the legal responsibility for providing accessibility to persons with disabilities, for example through the provision of a personal assistant or modifications to a physical work environment.

A reasonable modification is a physical alteration to a unit or common-use area to allow a person with a disability greater accessibility and use of the premises. Common examples of reasonable modifications: Grab bars, ramp, roll-in shower, widening of doorway, flashing doorbells, handrails or signage.

Conclusion

No one can enjoy a human right that they cannot access, and persons with disabilities face many barriers that hinder full and equal access to their enjoyment of human rights.

When public spaces are improved and made accessible, everyone benefits.

Cover image courtesy of re-thinkingthefuture[.]com

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The new law repeals statutes under the old regime through which titles were registered hence the need for new registration. The repealed acts include the Registered Land Act (RLA), the Land Titles Act (LTA), the Registration of Titles Act (RTA), and the Government Lands Act (GLA).

This means that the administration and management of private land in Kenya will now be done under one common law i.e the Lands Registration Act 2012.

Land parcels with titles issued under the repealed law statutes will be converted, i.e. cancelled and registered under the new Act. This will centralize land services and simplify the otherwise complex land registration process that existed initially, whereby the various pieces of legislation created their own register. The result was confusion that brought about a lot of land fraud cases and delays in service delivery.

The migration and conversion process of the title deeds should retain the size, ownership and all other interests registered against the respective title. However, the new titles to be issued will have different numbers.

So how do you go about registering your title deed afresh?

The lands registrar will prepare a conversion list showing the land reference numbers that have been converted to new parcel numbers with the corresponding acreage within a registration unit or block.

The cadastral maps and conversion list will then be published in the Kenya Gazette and daily newspapers, with the notice specifying when the register shall be open to the public for transactions or dealings within the registration unit.

Any person with an interest in land within the registration unit and is aggrieved by the information in the conversion list or the cadastral maps shall lodge a complaint to the registrar who shall resolve the same within 90 days of receipt.

At the commencement date, all registers shall be closed and all transactions carried out in the new register. However, all the closed registers and supporting documents shall be maintained in the new registration unit.

A notice will be published in at least two newspapers of nationwide circulation and announced in radio stations of nationwide coverage inviting registered owners to make applications for replacement of title documents from the closed registers.

Land owners within the country will then apply for new title deeds that will replace the old titles issued under the old laws.

The application shall be accompanied by the original title and the owner’s identification documents. The registrar will replace title deeds with new ones but retain the old title documents for record and safe custody.

Already a pilot run of the migration process is underway in Nairobi with some parcels marked for conversion by the Registrar of Lands. You can access the conversion list for these land parcels here.

1. Title deeds to be issued afresh to curb fraud
2. Why all land owners will have to apply for new title deeds
3. Notice on Land Title Conversion

The post What Fresh Registration of Title Deeds means for Land Owners appeared first on My Building Code.

Under this law, employers are expected to provide a clean room equipped with a refrigerator to store breast milk, a comfortable chair and an area for changing the baby. Mothers should be allowed an approximated 40 minute break every four hours to facilitate breastfeeding.

Further legislation include a government HR policy unveiled in 2016 that gave public institutions three years to set up day care facilities and provide breastfeeding employees with well-equipped lactating rooms.

The new requirements adds a new responsibility to real estate developers and those leasing space to push to make breast feeding mothers more comfortable. The critical importance of breastfeeding to children cannot be underscored since it provides the healthiest start to life and helps with bonding for mother and child.

A lactation station is more than just a secluded room. It must contain certain necessary equipment and facilities to make it functional.

First and foremost, the lactation station must NOT be located in the rest rooms.  The act of breastfeeding is in essence providing food to an infant in the form of breast milk.The right to breastfeed must be provided in such a manner that the dignity for both mother and child are maintained. This means that the room must have sufficient space, be well lit and have adequate ventilation.

The breastfeeding experience requires a relaxed atmosphere. Availability of comfortable seats for mothers and small table to change the baby will go a long way in achieving this. Some mothers may prefer to be secluded from the prodding eyes of strangers hence the designated space should be away from the general public with door signage.

Mothers are required to wash their hands with soap before and after feeding their children, and after changing their diapers. To maintain adequate hygienic conditions, proper hand washing equipment such as a sink with running water and soap must be provided.

Equipment and supplies for use in the lactation space should be fit for the intended purpose and must meet the required standards where applicable. An electrical outlet for breast pumps is mandatory as well as the presence of, or nearby access to refrigerators and storage cabinets which may be lockable for enhanced safety of the employee’s equipment and expressed breast milk.

In the past, few companies provided female employees with breastfeeding stations which often lead them to quitting the workforce or stopping breastfeeding altogether. It is in everyone’s best interest to secure breastfeeding friendly places to ensure women can combine working with breastfeeding.

Does your workplace have a friendly breastfeeding environment? How many public buildings can you list, that boast of a designated nursing and breast feeding center for the lactating mums? Please let us know in the comments section.

The post How to set up Lactation Rooms in Workplaces And Public Buildings appeared first on My Building Code.

1. County Governments
2. National Environment Management Authority (NEMA)
3. National Construction Authority (NCA)

Submitting and obtaining approvals from the county government

Most counties have enacted the e-Development permit System, an online platform through which architects are able to submit their drawings to the County Council.

The architectural plans are submitted first and once approved, is when the structural plans can be submitted by the structural engineer.

Documents that would be required when submitting a new application include:

• Architectural Drawings from an architect/ firm registered by BORAQs (Board of Registration of Architects and Quantity Surveyors)
• Structural drawings from a structural engineer/ firm registered by ERB (Engineers Regulatory Board)
• Copy of Land ownership document
• Land rates clearance certificate
• Land search document (not more than three months old)
• Survey map from Survey of Kenya
• Submission fee payment(This is determined by your design)

Once the application is successful, the architect will receive an approval notification. The architect is still required to submit hard copies of the plans to be stamped by the County, even after submitting the documents online.

The engineer must also do the same after the architect’s plans have been stamped.

With approved drawings, construction may start while the application for a building permit is being processed.

NEMA approvals

Developers dealing with commercial construction projects have to obtain approval from the National Environment Management Authority (NEMA).

An environmental impact assessment (EIA)study is carried out by a licensed environmental expert who should be registered by NEMA. The EIA report is then submitted to NEMA together with approved county drawings for NEMA approval and registration.

Project registration by NCA

The contractor(s) selected to carry out the construction works must be registered by the National Construction Authority (NCA) and must have renewed their licenses for the current financial year.

To register the proposed construction project with NCA, the contractor is required to fill a project registration form. The form can be downloaded from the NCA website.

Upon submission of the application, the contractor receives a temporary certificate that testifies the registration is under process.

They then submit the project registration form to the authority with the below documents:

• Approved architectural and structural drawings
• NEMA certificate
• Bill of quantities (BoQ Summary)
• Client and contractor signed contract documents
• Contractor’s registration certificate
• Quantity surveyor’s practicing certificate
• Architect’s practicing certificate
• Engineer’s practicing certificate
• Client’s KRA certificate

An NCA compliance certificate will be issued by the authority.

Cover image courtesy of konza.go.ke

The post The Building Plan Approval Process in Kenya appeared first on My Building Code.

According to Kenya Beaureu of Standards (KEBS), come 2021 any product that does not conform to the Eurocodes will not be allowed into the country.

Eurocodes are Europe’s first set of harmonized rules covering all aspects of the structural design of buildings and other civil engineering works. Many practicing structural engineers who grew up with the BS as their defacto guide on matters design will now have to embrace and adopt the Eurocodes.

Eurocodes consist of two parts. The first part is generally the same for all participating countries and is divided into ten segments (EN1990-EN1991). Kenya will begin by implementing only the first four codes: Structural design, action on structures, code on design of concrete structures and code on design of steel structures. The second part consists of the national annex and will adapt the local needs of the country.

Most of the rules in the Eurocodes are based on the same principles used in the British standards. However, they are updated with recent research on aspects dealing with the structure of a building. They are less stringent than the BS because most of the aspects lie with the designer.

The advantage of the new standards is that they promote greater transparency in design methods and will ease communication between designers, authorities and clients. 

Eurocodes are expected to open up the country to international markets as construction professionals are enabled to bid and take up contracts beyond Kenyan borders.

Adoption of the standards requires building local capacity, as well as domesticating the Eurocode with local annexes attached to the European template. For example: wind speeds are different in every geological area so adopting the Eurocode without changing to local specifics may mean that the standards become expensive to implement within the local market as engineers will tend to over-design.

They are also expected to be localized to bring on board local building materials and local practices so that they are relevant and easily applied to the Kenyan market.

The Eurocodes once adopted, are set to eliminate disparities that hinder transfer of engineering technology and services within Kenya and the global market. This will allow innovation and use of alternative technology.

The standards are also expected to promote uniformity in levels of safety in the construction sector.

The post Kenya’s Switch To The EuroCodes appeared first on My Building Code.

Demolitions are one of the most hazardous construction activities. The works require proper planning and constant supervision from a competent engineer to ensure all safety requirements are met and accidents are avoided.

An engineering survey should be undertaken prior, to establish where existing utilities  such as gas, electricity, water and telecommunications services are. These need to be isolated or disconnected before demolition work begins and if this is not possible, pipes and cables must be labelled clearly, to make sure they are not disturbed.

In the absence of a perimeter wall or security fence, barriers or hoardings become necessary to isolate the demolition site from the public, thus preventing unauthorized access and trespassing.

It is mostly malls that were targeted in the demolition spree. Their location next to busy roads meant that there was high risk of passers-by getting injured by the premature and uncontrolled collapse of structures or by flying debris. A covered walkway, in conjunction with a catch platform, would have provided protection to the pedestrian traffic against falling debris.

Method of demolition must be carefully selected depending on the existing site conditions. Common practice is to demolish in a descending order, storey by storey. Ignoring this rule is catastrophic and snippet of how accidents happen can be seen in this video clip showing a how a section of UKay Mall came tumbling down on an excavator while demolitions were ongoing.

All demolition works should proceed in such a way that it causes the least damage and nuisance to adjoining buildings and members of the public. Once demolitions are complete, the site should be cleared of debris and leveled.

The post Safety First: How To Carry Out Demolitions appeared first on My Building Code.

The approval process is a pain

Before being allowed to put up any development project, one is required to obtain various approvals from different agencies. The architect handling the project on a client’s behalf will first visit the Survey Office of Kenya to obtain a survey plan, then submit this together with architectural plans and later structural plans among other documents at the County level. After approval of plans, one is still required to have their project registered with both the National Construction Authority (NCA) and the National Environment Management Authority (NEMA) before proceeding with construction.

The “chain like” nature of the approval system, exposes us to construction failure each time one agency fails to do its job: after all, a chain can only be as strong as its weakest link. In a previous article, I had highlighted how corruption has seen authorities turning a blind eye while a building that is in clear violation of building standards is set up. The saddest bit is that even when you are actually following the proper channels, officials from the various agencies have been suspected to frustrate the process so that you can pay them “something small” for the process to be hastened.

In order to adopt best practice, there is need to amend our existing laws to accommodate having all approvals done under one umbrella. Clients do not need to visit multiple agencies in order to seek approval. Runaway corruption will also need to be tamed so that systems can work as they should.

The launch of the Electronic Development Applications Management System(E-DAMS), currently in use in Nairobi, Kiambu and Mombasa counties is a huge milestone. The system will help in the issuance of development permits online, profiling of ongoing developments for inspection process, support for the planning enforcement process and data collection on inspections and archiving of all data.

This is expected to ensure that building and construction industry services are done fast, cost-effectively and efficiently. It has also been proven that reducing the time in seeking approvals will definitely increase the number of buildings that are compliant with existing bylaws.

Local contractors lack capacity to deliver mega projects

It is no secret that a huge proportion of lucrative government tenders have been awarded to foreign contractors to the detriment of local and citizen contractors. The Kenyan government and the big private sector players in the country favor foreign contractors due to their relatively significant expertise and financial muscle.

The irony here is that the same government denying the local contractors  huge infrastructural projects, has hardly attempted to build local capacity. The government can help local firms to secure funds by having a construction bank that can be used to fund large projects both locally or abroad. This has worked for the Chinese, whose companies have hogged most of the mega road projects in Kenya over the last decade as part of the conditions for Beijing financing the projects.

The lack of proper enforcement of the local content clause under the Public Procurement and Disposal Act has also created loopholes that favor foreign companies and has encouraged importation that is unsustainable for promotion of the local industry.

Lack of technical skills and job experience is another major problem affecting capacity. Surprisingly, the main issue is not because there are too many graduates chasing few jobs, but because most graduates lack the necessary skills and experience that the job market requires.

A construction industry survey conducted by the NCA revealed that the sector depends mainly on unskilled laborers, who account for 42% of the employed labor force within the sector. The industry is dominated by 75% of semi-skilled and unskilled construction workers while at the same time experiencing skills shortages in key areas such as plumbing, electrical, masonry, paint works, welding and carpentry.

Skills development and improvement will only be realized once contractors are sensitized to take training/upgrading of their employees skills as a strategy for quality improvement, higher productivity and profitability.

The post What Are Some Of The Common Challenges In The Construction Industry? appeared first on My Building Code.