In this blog post, we will delve into the key site regulations that govern construction projects in Kenya. We will explore the mandatory requirements, documentation, and approvals necessary for initiating construction, ensuring public health standards, and addressing environmental concerns. Understanding these regulations is not only essential for compliance but also for the successful and responsible execution of construction projects.
Approvals from the County Government Urban Development and Planning Committee
This is a mandatory requirement as per the Physical Planning and Land Use Act of 2019 before commencement of any works on site. The applicant submits the necessary documents for approval often through a qualified, licensed professional such as an architect with a written consent from the owner. This is either done electronically or manually depending on the county one is applying in.
On submission, the applicant will receive a response granting permission or a written response indicating the refusal to grant the permit. If there is no written response within 60 days, the permit is deemed given as per the Act.
Construction should commence within three years of the date of issuing the permit or else the permission will lapse. An extension may be granted for one year upon approval by the county committee member if the applicant desires to do so. The building works are required to be completed within five years from commencement.
Documents to be submitted for approval include but not limited to;
- Architectural drawings dated and signed
- Structural Drawings dated and signed
- Land Ownership documents
- Land rates clearance
- All the necessary fees (vary by counties)
- Recent Land Search document
- Survey map
Note during the application process, other relevant authorities and agencies might be expected to provide feedback on various pertinent aspects, encompassing land surveying, transportation infrastructure, agriculture and livestock considerations, public health concerns, public works and utilities, environmental and natural resource implications, urban development factors, and national security issues, particularly in relation to the land adjoining or neighboring the proposed development.
Public Health Office Approval
Governed by the Public Health Act, consideration on public health is taken with an emphasis on sanitation and housing standards. The law sets specific standards to ensure the safety and health of building occupants.
Proposed projects and buildings undergo rigorous evaluation by the public health department to confirm adequate space allocation for occupants, aiming to prevent overcrowding, check on waste disposal, including the design’s incorporation of waste management strategies such as septic tanks, drainage systems, and manholes.
You are required to submit your drawings to the public health office for approval, with fees varying based on project size and scale.
Approved drawings receive an official stamp and approval date on the physical blueprints, allowing you to proceed to the next stage of obtaining construction approvals.
National Environmental Management Authority (NEMA) Licensing:
NEMA, established under the Environmental Management and Coordination Act of Kenya, plays a crucial role in construction approvals.
The Environmental Management and Coordination (Strategic Assessment, Integrated Impact Assessment, and Audit) Regulations of 2018 mandate that projects with potential negative environmental impacts must obtain NEMA licenses.
Project owners collaborate with NEMA-licensed environmental impact assessment and audit experts who conduct site studies and prepare an Environmental Impact Assessment (EIA) report.
The EIA report, along with drawings approved by physical planning and public health offices, is submitted to NEMA for evaluation. The report will contain;
- Developer’s Information:
- Name
- KRA (Kenya Revenue Authority) PIN Number
- Contact Details
- Project Details: Project Title, Project Scope and Objectives
- Design and Documentation: Copies of Approved Architectural and Structural Designs
- Financial Aspect: Project Budget
- Project Location:
- Specific Project Location
- Larger Area Affected by Project Activities
- Project Activities:
- Types of Activities during Construction, Operation, and Decommissioning
- Materials and Waste:
- Materials Used in the Project
- Products, By-Products, and Waste Generated
- Waste Management: Methods of Waste Disposal from the Project
- Environmental Impact: Potential Environmental Impacts of the Project
- Mitigation Measures: Measures to Mitigate Environmental Impacts During and After Construction
- Safety Measures: Action Plan for Managing and Preventing Accidents During the Project Cycle
- Safeguarding Health and Safety of Workers and Surrounding Communities
- Community Feedback: Opinions and Feedback from Affected Communities
- Social and Economic Benefits: Benefits Expected from the Project, Social and Economic
- Environmental Management Plan (EMP): Details of the Environmental Management Plan to be Implemented During the Project Cycle
NEMA officials conduct preliminary site assessments before deciding to accept or reject applications. Upon acceptance, a project license is issued, indicating NEMA’s authorization for construction.
Registration of the Site by National Construction Authority, Kenya (NCA)
Project registration is a requirement for any site and it’s a function of the NCA and is powered by Section 17 of the NCA Regulations 2014. This should be done in writing within thirty days from the date on which a tender for construction works, contract or project is awarded to a registered contractor.
Registration is done online through the NCA project registration portal or visiting the nearest NCA office for assistance. The following are the requirements for registration.
- Both the contractor and subcontractor must be registered with the NCA and possess a valid practicing license for the current financial year.
- The project consultants, including engineers, architects, and quantity surveyors, must hold valid practicing licenses and be duly registered with their respective professional regulatory bodies
- Architectural and structural drawings that have been approved.
- Forms related to physical planning (county approval permits, letters, PPA2).
- Any other required statutory and regulatory approvals, such as NEMA, EPRA, WRA, and KCAA licenses where applicable.
- A summary page of the Bill of Quantities, which should be signed and stamped by the quantity surveyor.
- A copy of the developer’s Kenya Revenue Authority (KRA) PIN.
- A signed contract or tender form, or an agreement signed by the developer and the contractor.
- Commitment letters from consultants for supervision, and/or agreements or contracts between the developer and the consultants.
Registration and Renewal of Workplaces by DOSHS
The State Department of Labor and skills Development carries out health and safety services through the Directorate of Occupational Safety & Health Services (DOSHS). These services are carried out to ensure that every workplace is free of any hazards and complies to laid down standards to assure safety of employees/workers.
Client Registration Process for Workplace:
- Apply for workplace registration.
- Use the following forms: DOSHS 21A, DOSHS 21B, and DOSHS 23.
- Perform a self-assessment of the workplace, can also be done by registered assessors.
- Submit the filled forms to the DOSHS county office.
- If forms are correctly filled, the officer requests payment of Registration Fee and OSH Levy.
- Central Registry Check at Headquarters Forms received from counties are checked at the central registry.
- If approved the forms details are entered into the system.
- Certificate is printed, signed, and sealed by the Director.
- The Workplace Registration Certificate is received at the county headquarters then forwarded to the client.
Site Safety
Importance of PPE Regulations:
- PPE regulations are crucial for worker safety. They require providing and using protective gear to shield workers from hazards.
Working at Height and Safety:
- Working at height increases risks significantly. Regulations for using scaffolding and ladders are essential, not just guidelines. Strict fall protection measures and work practices are crucial for safety.
HSE Officers on Site:
- Project managers are instrumental in creating a safety-conscious culture. They should follow regulations and utilize the Health and Safety Executive (HSE) for guidance. HSE provides valuable safety knowledge and insights.
Challenges of Lone Working:
- Lone working can be challenging and risky. Employers must ensure the safety and communication of lone workers. Thorough check-in procedures and reliable communication methods are essential to prevent risks associated with isolation.
Navigating these regulatory requirements is essential for project owners, contractors, and all stakeholders involved in the construction process. Ensuring strict adherence to these regulations not only fosters a culture of safety but also contributes to responsible and sustainable construction practices in Kenya. By staying informed and compliant with these regulations, construction projects can proceed smoothly, minimizing potential delays and setbacks while prioritizing the well-being of workers and the environment
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