The Kenya National Building Code, 2024, (“the Code”) is the primary subsidiary legislation under the National Construction Authority (NCA) Act governing construction practices, standards and requirements in Kenya. It replaces the outdated Local Government (Adoptive By-Laws) (Building) Order of 1968. 

The Code is very detailed and is a major improvement of the previous code to provide standards for observance by the construction industry players and curb the increasing disasters. This new code aims to enhance the standards of construction, ensuring safety, sustainability, and efficiency in building practices. 

This is an effort to address the booming construction industry in Kenya. Poor roads and broken manholes characterise most areas where new buildings are cropping up as a result of the heavy construction vehicles that ply those routes. With the numerous buildings being erected, there have been concerns as to whether adequate urban planning has been undertaken to ensure that the projects are sustainable and adhere to adequate construction standards.   

The Code looks at the best way to regulate the sector. Under it, developers must obtain the necessary permits and licences before proceeding with construction. They are also responsible for ensuring that the building site is compliant with safety standards. 

Given the move to green energy, an owner designing a building may conform to the sustainable design strategies derived from independent green building certification organisations. Owners of commercial buildings must ensure that at least 5% of the parking spaces are dedicated to electric vehicle charging outlets. 

To ensure that all buildings are up to code, contractors must ensure that all materials used adhere to the proper building standards. This is to avoid any incidents where buildings catch fire or collapse due to the use of substandard materials. 

Architects, civil engineers, mechanical engineers, and building surveyors bear a professional responsibility to ensure that their designs and supervision comply with the code. They must prepare designs for various aspects, including structural systems, ventilation, and fire safety, according to specific standards in the code. They must provide certifications for designs and completed works, confirming compliance with the code. Also, they may be required to provide a visual inspection report.

The implications

There is an inherent cost implication that shall arise when it comes to the implementation of the code. There is a huge likelihood that construction will increase due to the demand for higher standards of materials, design, and safety measures that are mandated. This cost may resultantly be pushed forward to the consumers, who would see an increase in the cost of houses. 

Currently, the construction space has many unlicensed and unqualified practitioners. The code’s emphasis on professional obligations and supervision is likely to promote greater professionalism and accountability within the construction industry. 

To promote professionalism, the  NCA will have to train the upcoming professionals on the Code to ensure proper implementation. The NCA can set up a training centre or partner with higher learning institutions to ensure that modules on the Code are implemented. 

Given the bureaucracy of most government agencies and related institutions, there is a great potential for delays when seeking permits. This would resultantly lead to delays in construction timelines. It will be interesting to see how the government will be looking to deal with this as it aims at fostering development.

The United Nations Sustainable Development Goals (SDGs) adopted by 193 countries in the Paris Accord (COP21) encompass the pressing issues of sustainability to be addressed holistically on the social, environmental and economic fronts. The focus on green energy and sustainability would greatly encourage a more environmentally conscious approach to construction. 

However, what would pose a great challenge would be the enforcement of the Code. This is given the broad reach and the slow rate of implementation seen with many projects in the country. There will have to be regular inspections and thorough implementation of the penalties to ensure that all the relevant stakeholders follow through. 

Conclusion

The overhaul of the National Building Code has been long overdue. This code will be a step towards regulating the construction sector that is currently booming. This will foster confidence in the public regarding safety and accessibility. To realise this and for there to be adequate implementation, all stakeholders involved across the board will have to come together.