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.

The post How to Obtain a Certificate of Occupation in Kenya appeared first on My Building Code.

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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It brought to mind the unrest that was experienced last year, when secondary school students went on a rampage setting alight school buildings, especially dormitories, administration blocks, classrooms and food stores.

Such events have highlighted the vulnerability of Kenyan schools to fires and rebuilding the destroyed facilities will no doubt be an expensive undertaking for all stakeholders involved.

Designing the buildings envelope

It is vital to consider fire safety implications of new buildings or other construction or refurbishment projects at the concept design stage.

The design should ensure that the spread and intensity of fires within the building and the spread of the fire to other buildings is minimized.

The structural components of the building should be of sufficient stability to ensure that such a building will not endanger another building and in the case of any multistory building, no major failure of the structural system will occur.

The generation and spread of smoke should be minimized or controlled to the greatest extent reasonably practicable and adequate means of access of equipment for detecting, fighting, controlling and extinguishing such fire should be provided.

For storied school buildings, the stairways should be wide enough and located at both ends of the building. It should be clear of any obstructions at all times.

The construction of stairways should give provision for learners with special needs/disabilities.

The handrails in the stairs should be strong and firmly fixed. The corridors should be both well ventilated and lit.

The width should be wide enough for the learners to walk along without bumping into each other. Each block should be fitted with serviced fire extinguishers.

Fire safety versus security

According to the building code, provision should always be made for the safe evacuation of a building’s occupants or users in case of fire.

The challenge lies in finding a balance between the need to secure a premises against unauthorized access, and to ensure that people can escape easily in case of an emergency.

It is always recommended that the exit doors on escape routes and final exit doors should open in the direction of travel, and be quickly and easily openable without the need for a key unless there are specific security reasons.

The schools safety manual issued by the Ministry of Education requires that, every dormitory should have a door at each end and an additional emergency exit at the middle. It should be clearly labelled “Emergency Exit”.

In addition, all doorways to the dormitories should be wide enough, at least 5 feet wide, and they should open outwards. They must not at any time be locked from outside when learners are inside.

The manual also states that classroom and dormitory windows must be without grills. This makes perfect sense if the windows are to provide an alternative means of escape.

From a security standpoint, the practicality of this directive is contentious. Statistics show that windows are the most preferred entry point for intruders .

The best option would be to have window grills that are openable from the inside.

Fire detection and alarm systems are vital for communications. All fire alarm systems essentially operate on the same principle.

If a detector detects smoke or heat or someone operates a break glass unit (manual break point), then alarm sounders operate to warn others in the building that there may be a fire and to evacuate.

It may also incorporate remote signaling equipment which would alert the fire brigade via a central station.

The post The Smoke signals: Fire Safety Requirements For Learning Institutions appeared first on My Building Code.