Before you start a construction project in Kenya, there are specific permits and licenses you should have in place to avoid your site being closed down.
The mandatory approvals needed before commencement of the works are;
- Architectural plans approval
- Structural plans approval
- NEMA approval (Environmental Impact Assessment)
- NCA Project Registration.
There might be additional licenses / permits needed for special needs projects such as Public Private Partnerships, Foreign contractors, and critical infrastructure projects such as airports.
Let us have a quick look at how to obtain each of the aforementioned approval below;
Architectural / Building Plans Approval
Before counties can issue you with a construction permit, your Architect will have to first submit to the county the architectural plans to the county.
The purpose of this if for the county authorities to verify whether the drawings comply with the Physical Planning Act, Kenya’s Building Code, and any other construction by-laws.
Now here, the process varies from county to county.
Some counties have implemented the electronic Development application system such as Mombasa and Nairobi while some are still stuck in the manual system.
Other than the architectural drawings, the other documents required are; proof of land ownership, survey of the area from survey of Kenya, land rates clearance certificate, and a copy of the architect’s annual practicing license.
The fees payable vary from county to county but typically depend on the type of construction you intend to proceed with. It is therefore necessary for you to always confirm with your county government.
Manual system
- Your Architect will submit certified blueprint drawings to the county office
- Payment of the construction approval fees – make sure to obtain an invoice.
- After the review process, the architect collects the stamped copies from the county offices.
- The Architect will login to the system and submit the softcopy drawings to the system for an initial review
- After the initial review, the county will the send the architect an invoice for the approval of the building plans.
- The architect then pays for the approval fees through the payment available and share the receipt on the eDAMS portal
- After payment, the county will then review the drawings. The review is carried out by the different departments such as the fire, water, road, power, etc.
- The ultimate decision lies with the technical committee which if they find the drawings to be compliant, they will issue what we call the provisional construction approval. (Notification of approval for construction drawings)
- Ultimately, the architect will print the blue copies (typical 4 copies each) and take them to the county offices for the stamping.
Documents required for structural drawings approval are a copy of the approved architectural drawings, the engineer’s manual design calculation sheets, the engineer’s annual practicing license, and an indemnity form duly signed by the developer, architect, and structural engineer.
Manual Procedure for structural approval
The structural drawings are submitted together with the architectural drawings for approval complete with all the necessary payment receipts.
Electronic Procedure
- The Architect initiates the process and adds the structural engineer to the portal.
- The engineer now can access the portal, and proceeds to fill in the portal as well as attach the structural drawings for preliminary review.
- Once the preliminary review id done by county, they send in an invoice which the engineer pays through the prerequisite means of payment.
- The engineer shares the payment receipt and now the county engineering department can proceed with the review.
- If found to be compliant, the county can now finally issue what is known as a construction permit to you, the developer.
NEMA Approval
Since the project will have an impact on the surrounding environment, you must get a permit from the National Environmental Assessment Authority or NEMA. NEMA issues what is known as an Environmental Impact Assessment (E.I.A) license.
You will need to obtain a licensed Environmental Impact Assessment (E.I.A) expert. Then, the expert prepares the project report and submits it to the NEMA body. You will also have to Pay an evaluation fee of 0.01% of construction costs of your project.
Here is a chart explaining on how to go about the process;
NCA Registration
NCA registration is always initiated by the developer (you). You will need the following documents to proceed with the project registration;
- Contract agreement between the developer and the building contractor.
- NCA certificates for the building contractors
- NEMA license.
- Construction permit by county.
- Approved architectural and structural engineers blue print drawings
- Bills of Quantities.
- Copies of practicing licenses by the architect, engineer, and quantity surveyors.
- As developer, log in to NCA portal
- Submit all the above aforementioned documents
- The contractors and consultants will be automatically notified to fill in their bits.
- After confirmation, the NCA will visit your site for inspection
- If found to be compliant, the NCA will issue its approval within a week or so.
Occupation Certificate
It is a document indicating that the structure has adhered to the set building codes and by-laws, thus the dwelling is ready for human habitation.
They are processed by the counties and here is quick step by step guide;
- Prepare the required documents – building plans, payments receipts and proof of completion by architect
- Application submission – in most counties it is via manual means.
- Inspection – the county will send in a qualified personnel to verify completion and check compliance
- Issuance of Certificate of occupancy – if found to be compliant.