Don't occupy uncleared buildings

Many tenants and home buyers move in their new houses without ascertaining whether or not the buildings are habitable.

The law requires that a landlord obtains an occupation certificate from the county government before tenants move in. Unfortunately, majority of tenants are either ignorant, arrogant or unaware of the requirement.

High housing demand also means high competition, which has forced some tenants to occupy incomplete buildings.

But the law requires that before any new building is occupied, it must have an occupation certificate issued the county government (or local authority before devolution set in) to property owners, as proof that the development has complied with all approval conditions.

It also shows that a building has undergone regular inspections at required stages as required by law. However, most landlords take advantage of tenants’ ignorance. But as the old adage goes, ignorance is no defence.

Furthermore, most tenants are duped by the location, interior and exterior architectural designs of homes, which may be excellent but the building is structurally defective.

For instance, there is a general perception that all apartments and detached homes in up-market areas have passed construction tests. Ever heard of increasing complaints of people who move and start complaining of cracked walls and leaking roofs six months down the line?

According to the Architectural Association of Kenya (AAK), six out of ten buildings in Nairobi are unfit for human habitation. Thus, to save lives, developers must follow legal requirements and apply for occupation certificates.

The applications should be accompanied by a copy of approved building plans and approved structural plans.

Requirements

Other requirements are an indemnity form duly filled by a registered structural engineer, plumber’s certificate and a duly filled form by the Kenya Bureau of Standards.

It is important to urgently appoint a multi-disciplinary taskforce to clearly mark buildings whose approval process and/or workmanship is in question.

The blacklisted buildings should be condemned and vacated - probably demolished after the developer/landlord has been given a fair hearing. Banks that finance construction of buildings must also ensure they have all requisite and authentic confirmation from authorities before they release finances.

Failure to have an occupation certificate means it is difficult to ascertain the structural soundness of a building. The AAK has shouted itself hoarse and raised a red flag that many mushrooming buildings fall short of the Physical Planning Act.

Even as shoddy workmanship reigns supreme in the construction industry, shortage of houses is fast turning residents into tenants of the death traps in Nairobi.

Private developers seem to be scrambling to make hay while the sun shines as the Government struggles to construct the required 150,000 houses annually.

According to official figures, 35,000-45,000 new houses are constructed annually, mainly by the private sector, leaving a huge deficit.

Consequently, tenants stumble over each other to move into available rental houses with disregard to property laws and regulations.

Photo: xaran.com

-The writer is an advocate of the High Court

[email protected]