So, What’s a Construction Permit?
A building construction permit is a legal document that gives you permission to construct a building on a specific piece of land. In Kenya, you need to obtain a permit from the relevant county government before you can start any construction work. Getting one however is like getting an identity card, or driving licence for the first time. It can be an experience that most people do not wish to repeat.
The process of getting a building construction permit in Kenya can be somewhat complex, but it is important to follow the correct procedures to avoid delays and legal problems. This article will provide you with a step-by-step guide on how to get a building construction permit in Kenya.
The Procedures for Obtaining a Construction Permit Are:
- Obtain a Land Survey Plan from Survey of Kenya – 1 day @ KES 650 (+ KES 150 – Folio Registry No. Search)
- Obtain a project report from an environmental expert and submit it to National Environment Management Authority (NEMA) – 5 days @ KES 50,000
- Obtain approval of the environmental impact study from NEMA – 30 days @ KES 10,000
- Submit and obtain approval of the Architectural Plans – Up to 45 days. The Architect submits the Development Proposal (DP); which includes all structural and architectural drawings to be approved using the available online platform. The required documents to be submitted are the following:
- 5 Original Architectural Plans & 4/5 Original Structural Plans
- Land Survey Plan /Registry Index Map (RIM) with Receipt from Survey of Kenya
- Certificate of Offical Search (Original, not more than 30 days)
- Copy of Ownership documents e.g. title deed, lease title
- Up-to-date Rates Payment Receipt and Clearance Certificate
- Duly Filled Form PLUPA/DC/1B (Application for Development Permission)
- Duly Filled Indemnity Form (Original)
- Change of Use/ Extension of User (In case the plot needs a change of use)
- County Government issues a Construction Permit Invoice to be paid (2-3 weeks process)
- Drawings are reviewed by all relevant departments simultaneously. Once approved they are signed on by the Officer in Charge.
- The approved documents are all scanned and uploaded into the system for retrieval by the Architect/ or the Arch. notified to collect physically.
“By failing to prepare, you’re preparing to fail.”
– Benjamin Franklin
The fees are as follows:
- Building Plan Approval Fee: 1% of the Estimated Cost of Construction
- Construction Sign Board Fee: KES 30,000 (+ KES 5,000 Application Fees )
- Application Fee: KES 5,000
- Inspection of Building Fee: KES 5,000
- Occupation Certificate: KES 5,000
- Infrastructure Development Levy: KES n/a
Approval Timelines:
- Submit and obtain approval of the structural plans – 10 days
- Obtain stamps on architectural and structural plans from the County – Development Control Section. Once plans have been approved, the architect must submit hard copies of the plans to be stamped by the County ( i.e. If submitted online) – 1 day
- National Environment Management Authority (NEMA) Approvals – 5 days. For commercial projects, NEMA project registration is a requirement.
- The following documents must be provided for the registration application:
- Obtain a project report from a licenced environmental expert
- Submit the report together with county-approved drawings for NEMA approval and registration: Approval fee of 0.01% of the Estimated Cost of Construction
- After the application, a site inspection follows to check for compliance of the construction site against the approved plans & NEMA clearance
- Apply and receive the Project Registration Certificate from the National Construction Authority (NCA) – 7 days or less: Levy of 5% of the Estimated Cost of Construction for Project Cost over KES 5,000,000
- The following documents must be provided for the registration application:
- NCA Project Registration Form (Original)
- Approved Architectural Plans (Original) – 5 Copies
- Approved Structural Plans (Original) – 4 Copies
- Physical Planning Forms (County Approval Permits/ letters/PPA2)
- NEMA, EPRA, WRA and KCAA licenses, where applicable (Simple Copy)
- Bill of Quantities Summary (Simple Copy)
- Contract/Agreement/Tender Form (Simple Copy) – It should be duly signed by both the contractor and the client
- Contractor’s Registration Certificate (Simple Copy)
- Developer’s KRA PIN
- Quantity Surveyor’s Practising Certificate (Simple Copy)
- Architect’s Practising Certificate (Simple Copy)
- Engineer’s Practising Certificate (Simple Copy)
Receive on-site visit by NCA to check for compliance and obtain invoice.
Once payment is made, a Provisional Certificate of Compliance, valid for 90 days, is issued. After 90 days with no violations by the developer, a final Compliance Certificate is issued.
- Notify the County Government – Development Control Section of the commencement of work and request and receive Set-Out Inspection – 1 day
- Request and receive foundation excavation inspection by the County Government – Development Control Section – 1 day
- Apply for a permit from the County Government – Development Control Section to connect to the city sewerage system – 7 days @ KES 7,500
- Request and receive a final inspection by the County Government – Development Control Section after construction – 5 days
Application for a Certificate of Occupation/ Occupancy Certificate:
- Certificates are only issued to completed developments that have complied with all approval conditions and have undergone regular inspections at the required stages.
- Purchase form from Land Use and Administration Committee (LAC)/ section.
- Submit the application pack to the authorities and collect the acknowledgement slip as evidence of payment.
- Application is accompanied by: Copy of approved architectural plans; copy of approved structural plans; Application Form signed by Developer, Statistical form signed by Developer/Contractor; Completion certificate, Architect’s Certificate & Letter Certifying Project Supervision; Engineer’s current practising certificate & letter certifying project supervision; Plumber’s Certificate to certify satisfactory plumbing works; photos of the completed project, and Kenya Bureau of Standards forms duly filled.
- Application is then forwarded to the Assistant Director of Enforcement so that an inspector is assigned for the final inspection of the construction. Normally it should be a combined visit from several other departments.
- Obtain Occupation Certificate – County Government – Development Control Section – 14 days.
- Apply for water connection; Application for Water and Sewerage Supply Form – Water and Sewerage Company – 1 day @ KES 5,000 for Survey and estimate of connection fees.
- Apply for electricity connection; Enquiry for Supply of Electricity Form – Kenya Power Company – 1 day @ KES 15,000 plus connection costs.
Local Authorities strongly recommend that applicants engage a qualified design professional for the following services:
- Architect: for building plans
- Engineer: for structural and civil engineering drawings
- Quantity Surveyor: for building cost estimates
- Physical Planner: for change of use, subdivisions, extension of lease, amalgamation, outdoor advertisement, etc.
Getting a building construction permit in Kenya can be a complex process, but it is important to follow the correct procedures to avoid delays and legal problems. By following the steps outlined in this article, you can increase your chances of obtaining a permit and successfully completing your construction project.
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