Getting authorities’ stamp of approval gives you peace of mind

When putting up your dream home, make sure you get all planning and other necessary approvals so that construction is not stopped midway, writes KEVIN OGUOKO

Charles Gichuki is a small trader in Nairobi’s Kangemi area. Having saved enough capital, he ventured into the perceived lucrative real estate business by constructing rental houses on a piece of land he owned.

What Gichuki did not anticipate is the cumbersome building plans approval process. His ignorance of city council by-laws did not help either. In the middle of the construction, he encountered difficulties. It turned out that he did not follow the laid down procedure to the letter.

City Council agents threatened to pull down the structure that was under construction, as he had not followed the laid down procedure for getting his building plans approved and he was also in breach of a number of by-laws.

He was forced to stop construction and used a lot of money to resolve the issue with the City Council of Nairobi. As it turned out, it is a scenario he would have easily avoided had he got enough information on the right procedure.

Registered architect

“Before one begins constructing a house, I would advise them to consult an architect — and a pretty much good one at that,” says Ronald Omyonga, a registered architect working within Nairobi.

He adds: “An architect translates your idea into a drawing of your dream house. They also let you know of the legal requirements when building a home.”

Approval of building plans is a process undertaken by authorities to ensure new buildings are safe for human habitation and as per planning regulations. For example, the approval process checks whether the building is safe and structurally sound, and whether the building materials proposed are safe for human habitation.

“When I meet a client, the first thing I would need is a copy of the title deed. The title deed would say what I can or cannot do with the piece of land,” says Omyonga.

He adds that different zones have different requirements and, therefore, different elements in the title deed.

In Karen area, for example, Home and Away established that zoning regulations require each house to occupy a minimum of 0.5-acre plot whereas in Syokimau, each house is to be within a minimum plot of minimum 0.125 acres. In places like Thome in Nairobi, one cannot construct a flat in the residential area.

Approvals

Other than the municipal approvals, you also need approvals from the National Environment Management Authority (Nema).

Several requirements must be fulfilled in order for the processes of approvals by these two main approving authorities to be fulfilled. A developer must acquire the necessary documentation to successfully file requests for approval for construction from these bodies.

Before the advent of devolution, approvals were done by local authorities. That mandate has now gone to the county governments. Approval process differs from council to council, depending on the size.

Larger councils such as Nairobi, Mombasa and Nakuru usually have all the requisite approval departments, whereas smaller councils such as Muhoroni, have to outsource some services from neighbouring government ministries.

Key documents

The municipal authorities require a developer to furnish them with several key documents for the approvals process.

“The architect or the developer presents the necessary documents to the city council for approval. The documents include copy of the title, architectural plans, site plans, survey plans, mutation plans and the architect’s registration certificate,” says Omyonga.

Due to the long list of buildings to be approved, this process has been hastened in Nairobi through the introduction of an online submission, which has improved efficiency in the filing of building plans.

“The online system introduced by the City Council of Nairobi has improved the system. Gone are the days when building plans got lost and one had to repeat the process,” says Omyonga.

These professionals also complete an indemnity declaration that indemnifies the municipal authorities of any claims in the case of faulty construction in the process of building.

Other documents that need to be submitted to the council for processing building approvals include latest annual land rates receipts, in addition to the completed application for approval for building permit.

Various departments are involved in the approval processes. Each checks the relevant parts of zoning requirements or building codes that relate to them.

Physical planning department is key in plan approvals. It deals with zoning and large-scale planning regulations and ensures that a proposed development is in conformity with the allowable building types for an area.

It ensures the relevant rules regarding building setbacks, road reserves, plot coverage and plot ratios are adhered to.

Roads and sewerage departments deal with civil works, especially with regard to planning of roads and verification of sewer provisions in large estate developments and similar master plans.

For this, structural engineers for the property have to submit a structural drawing of the building along with the architectural drawings for approval.

Important

“Structural drawings are important in any project because they show all steel layout, reinforced concrete columns, slabs and beams, which determine the strength of the building,” says Amos Rotich, a civil engineer and director of Amic Builders. He adds: “Structural requirements to local authorities include five copies of blue prints of structural drawing, land rates receipt, official council fee.”

The health department of the municipal council deals with internal provisions as relates to human comfort within habitable rooms. They scrutinise provisions for house plans in Kenya with regard to ventilation, room sizes and drainage systems.

Fire department seeks conformity with allowable fire safety provisions, especially regarding multiple dwelling units and office blocks.

Various municipal councils may have different classifications and names for these departments but their functions are broadly similar across the board. One may find that in the course of seeking a particular kind of approval, certain departments may be involved while others are not.

Once all these departmental sections are satisfied, they append their certified stamp on the drawings and move the plans to the next stage until all the stages are done.  Thereafter, the drawings are subjected to a final approval committee meeting where they are formally approved and letters of approval issued.

Nema approval

Established under the Environmental Management and Coordination Act, Nema is generally charged with ensuring compliance with environmental requirements. This includes ensuring that housing developments are not harmful to the environment.

Nema requires an environmental impact assessment (EIA) preliminary report to be undertaken on a project prior to its construction. Only consultants registered by Nema are allowed submit EIA reports, whether as an EIA project report or a full EIA study. The lead environmental expert must also be registered with Nema.

The environmental consultant requires a complete set of architectural drawings to accompany the compiled EIA project report.

After the stipulated period, the authority evaluates the project, and issues conditions for approval of the project. It may reject an application for approval with valid reasons, or call for the project to carry out a full detailed environmental study if it deems it fit, especially for sensitive projects.

If the project is approved an EIA licence is issued, after the project developer or promoter has accepted the conditions for approval in writing.

One may find that certain other specialised projects may require the input of other public bodies for their consideration and approval, especially where these developments fall under their jurisdiction.

flight paths

A good example is if a developer is constructing buildings in the vicinity of airports or flight paths. The Kenya Civil Aviation Authority will be required to give its approval.

Once the construction is completed alongside statutory inspections, the developer lodges an application for an occupancy certificate. The certificate is given when the authorities deem the building is in compliance with the approved architectural drawings.

“Not many people have the occupation certificate in Kenya. Once they have constructed their homes, they move in and ignore the certificate,” says Kenyan Macharia, a Nairobi-based lawyer, adding that the certificate shows that one followed due procedure and, therefore, reserves all the rights in pertaining to the property.