SHORTFALLS IN THE CURRENT BUILDING LAWS

SHORTFALLS IN THE CURRENT BUILDING LAWS

SOURCE: Ministry of Housing website
The current Building Code and By-Laws have been an impediment to delivery of housing and a  redundant to the entire building and construction sector.  There is therefore overdue and  urgent need to re-engineer the industry through incorporation of best practices and  appropriate building technologies in order to revolutionalise the industry and to spur  sustainable growth as there is need for performance oriented laws rather than that based on material prescription.
The current Building Code-By-Laws contain the following flaws:-

  1. Current construction laws are found in 103 statutes which contradict each other making its implementation difficult and in many cases subjective.
  2. Many towns are today being affected negatively by uncontrolled and unchecked physical planning and building and construction.
  3. There are inadequate controls and enforcement mechanisms on the application of the  Building Code in the construction industry
  4. The industry is rife with contractors who can neither read a building plan, interpret nor understand it. This has resulted from easy entry and penetration by unqualified people in the construction industry.
  5. Unequal application of the law. The Building Code has been applied selectively in many occasions.
  6. Bureaucratic requirements and procedures in approval of         building plans.
  7. Corruption. Some times you look at approved building plans, the nature of structures approved, the size and location of the structure and wonder whether the approving officer has ever visited Kenya!
  8. Out dated legislation. Our Building Code is based on English law. Given the differences in climatic conditions, some sections may not be applicable in Kenya today. It also concentrates more on urban centers and leaves no room for vernacular constructions and technologies.
  9. The current Building Code lays unnecessary emphasis on materials ignoring performance. There is need to encapsulate performance in the code so as to capture the spirit of changing technology and space in building and construction sector.
  10. Finally, some very crucial clauses are missing in the current Building Code. These include; the policy on the energy sector to incorporate a solar water heating system in buildings and anti termite policy among others.

OBJECTIVES OF THE REVIEW
The review aims at:

  1. Coming up with a building law which is capable of spurring growth in housing, building and construction sector.
  2. Harmonizing all existing laws scattered across 103 statutes to remove legal and bureaucratic impediments in the sector.
  3. Proposing a law that accommodates the rapidly changing building and construction technologies and appropriate technologies to speed up housing delivery.
  4. Proposing an institutional framework structure for effective implementation of the new law.

RESOURCES :

We have made available a copy of the Draft Planning and Building Bill 2009 which you can download FYI

We shall also make arrangements to avail a soft copy of the 5 volumes that form the proposed Planning and Building Regulations 2009. The outlook is great and reading both the proposed Bill and the regulations, I believe we are heading in the right direction in terms of securing a safer, attractive and well planned built environment.

-Nahinga David

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~ by ujenzibora on January 6, 2010.

2 Responses to “SHORTFALLS IN THE CURRENT BUILDING LAWS”

  1. Dear Dave,

    It has been my pleasure knowing you since November 2009.

    It cannot be gainsaid that INTEGRATION & BUSINESS COLLABORATION is the way to go in the THIRD MILLENNIUM.

    Kindly call me urgently to take our GAZZILION thoughts and ideas to the next level.

    Sincerely,

    Dave

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