For individuals who are planning to build, here is a comprehensive guide you can use when navigating the construction permits and approval process in Kenya .It touches on the key organizations involved in the approval process:
- County Government Permits Requirements
- NEMA (National Environment Management Authority)
- NCA (National Construction Authority)
In Kenya, Construction County Permits are valid for 2-5 years depending on the county.
How to Navigate Construction Approval Process.
- Work with professionals (e.g., Architects, Engineers) who are familiar with the Construction County’s Approval Regulations.
- Identify the Relevant County Department responsible for the type of approval you need. That is:
- Environment Department
- County Planning Department
- Health Department
- Fire Department
- Water and Sanitation Department
- Submit building plans which must be prepared by a qualified architect or engineer and should include
- Stamped Architectural drawings(5 original copies )
- Architects Valid practicing Certificate
- Stamped Structural drawings(5 original copies )
- Engineers Valid practicing Certificate
- Stamped Structural Calculations (1 original copy)
- If required ( Stamped Mechanical, and Electrical drawings.)
- An Indemnity Form signed by the Architect and Structural Engineer.
In addition the developer should have the relevant documentation
- Proof of ownership, a valid Title deed
- Identification card (Copy)
- Land Rate Clearance Certificate
- Survey map of the area
- Change of user/Extension of user (copy)
- Official Land Search(Validity of the search is 6 months)
- PIN certificate
- Certificate of incorporation (copy)For companies
- Certificate of incorporation (copy) for companies
- List of shareholders and directors – CR 12 (copy) for companies
- Duly Filled Form PLUPA/DC/1B Application for Development Permission.
- The county government will then review the plans to ensure your project meets the requirements and does not violate any land-use restrictions.
- The county government will then issue an Approval Certificate and a Building Permit which is important in construction process.
- The approved documents are accessible to the Architect, either digitally in the system or through physical collection.
- If an application is rejected, the applicant may have the right to appeal the decision. This can vary county to county.
- Always Maintain regular communication with the county offices to track progress.
- Once the Building Permit is given, the county government will carry out periodic inspections to ensure that the building is being constructed according to the approved plans.
- Note that, some approvals can be processed in a matter of weeks, others may take several months depending on the Complexity of the project.
Each of Kenya’s 47 counties has its own set of rules, regulations, and processes for approvals. This means that the specific requirements, procedures, and fees for approvals can differ from one county to another.
To illustrate, navigating the specific Nairobi County Building Permit Fees requires distinct knowledge compared to the regulations governing Kiambu County Building Permit Fees.
Why do county approvals differ?
- Land use and zoning.(e.g. residential, commercial, agricultural)
- Building codes and construction standards
- Business licensing and trade regulations.
- The timelines for approval
- The documentation required may differ based on county-specific regulations.
- The fees for approvals vary widely depending on: The size of the project.
- The process can be complex and time-consuming, so it’s often advisable to seek guidance from professionals familiar with local regulations and procedures.
NEMA Construction Permits / EIA License Process
NEMA is responsible for issuing various licenses and permits in Kenya, covering areas such as Environmental Impact Assessments (EIAs), effluent discharge, and the management of waste, including transportation, incineration, and recycling operations.
Here are some of the Requirements you need:
Permit Fees
- EIA License: 0.1% of project cost (minimum KES 10,000)
- EIA License Extension: KES 5,000
- EIA License Modification: KES 5,000
- SEA Report: KES 1,000,000
- Inspection: KES 200 per inspection.
- Essential documentation to be provided to your Consultant include:
- Title deed or a duly signed lease agreement
- Change of user from the County Planning Department
- Approved Architectural plans
- Approved Structural Plans
- Certified Bill Of Quantities
- Evidence of Public Participation If necessary
- Depending on the size of the Project Size, According to Legal Notice 31 & 32 of 2019 on EIA the consultant Must submit one of these Reports
- Summary Project Report
- Comprehensive Project Report
- Study Report
- For Low risk projects, they must submit a Summary Project Report online.
The Permits are processed within 5 days
Low Risk Projects include:
- Places of worship
- Dispensaries and Clinics
- Garages
- Business Premises like shops and stores
- For Medium Risk Projects, they must submit a Comprehensive Project Report at the NEMA County Offices.
The Permits are processed within 45 days.
Medium Risk Projects include:
- Multi Dwelling Housing
- Hotels with bed capacity
- Commercial Complexes
- Abattoirs and meat-processing plants
- For High Risk Projects, they must submit a Study Report on the Kenya Gazette, NEMA Website and at- least 2 Newspapers. The Report is also subjected for Public Opinion.
The Permits are processed within 90 days.
High Risk Projects include;
- Big Hospitals
- Housing Development Estates
- Established Schools
- Upon receipt of the application, a site inspection is scheduled to confirm that the construction aligns with the approved plans and complies with NEMA requirements.
- All Payments and Application Process are made Online through E-Citizen NEMA Licensing Portal.
- Each EIA application shall be accompanied by a Certified Bill of Quantities (BQs) indicating the proposed project cost.
NCA Project Registration Process
- Start Online:
- Go to the website: www.nca.go.ke
- Click on “Developers” then “Project Registration” then “Project Registration Portal.”
- Log in or create an account.
2. Apply:
- Click “New Application.”
- Fill in details about your project.
- Upload all the documents they ask for.
- Click “Submit.”
3. Wait for Verification:
- You’ll get an email asking your team consultants to confirm they’re working on the project.
- They’ll check your documents.
- You’ll get another email saying they’ll visit your project site.
4. Get Your Certificate:
- Someone will visit your project site.
- They’ll decide if your project is okay.
- If it is okay , you’ll get a certificate by email within 7 days.
Important Note:
- If you need to change anything about your project or team, log in and click “Submit Updated Application.”
- Upload all the documents again.
- They’ll check the changes and approve if everything is correct.
- Currently, project registration is offered at no charge
NCA Project Registration Requirements.
- All contractors and sub-contractors should be registered with the NCA and possess a valid practicing license for the current financial year.
- Engineers, architects, and quantity surveyors working on the project need to be registered with their Kenyan professional boards (EBK, BORAQS) and have valid licenses to practice.
- Approved Architectural and structural plans.
- Documentation of physical planning approval from the County, such as permits, letters, or the PPA2 form.
- You’ll also need other required approvals from Kenyan agencies like NEMA,EIA EPRA, WRA, and KCAA, if they apply to your project.
- A signed and stamped summary of the bill of quantities from the quantity surveyor.
- Copy of developer’s Kenya Revenue Authority (KRA) PIN
- A signed contract or agreement between the developer and the contractor.
- Either a letter from the consultants confirming they will supervise, or the signed contract with the developer.
Post-Approval Procedures
The next steps in the project registration process in Nairobi, Kenya after Applying and Getting Approval are:
- NCA Site Visit:
- The National Construction Authority (NCA) will visit your construction site.
- They’ll check if you’re building according to the approved plans and NEMA rules.
- You’ll get a bill (invoice) after the visit.
- Payment and Temporary Certificate:
- Pay the bill.
- You’ll get a “Provisional Certificate of Compliance” that lasts for 90 days.
- Final Certificate:
- If you follow all the rules for 90 days, you’ll get a “Final Compliance Certificate.“
- Working with the Nairobi County Government:
- Sewer Connection Permit:
- Apply to the County for permission to connect to the city’s sewer system.
- This permit takes about 7 days and costs KES 7,500.
- Final County Inspection:
- When you finish building, ask the County for a final inspection – this takes about 5 days.
- Getting an Occupancy Certificate (After Construction is Finished):
- Who Gets It:
- Only buildings that are completely finished, follow all the approved plans, and pass all inspections.
- Get the Form:
- Buy the application form from the Land Use and Administration Committee (LAC).
- Submit Your Application:
- Give your application and all the required documents to the authorities.
- Get a receipt as proof you paid.
- What Documents You Need:
- Copies of approved architectural and structural plans.
- Application form signed by you (the Developer).
- Statistical form signed by you or your Contractor.
- Completion Certificate.
- Architect’s Certificate and Letter saying they supervised the project.
- Engineer’s current license and letter saying they supervised the project.
- Plumber’s Certificate saying the plumbing is good.
- Photos of the finished building.
- Kenya Bureau of Standards forms filled out.
- Final Inspection:
- Your application goes to the Assistant Director of Enforcement.
- An inspector will come for a final check of the building (usually with people from other departments).
- Get Your Certificate:
- You’ll get the Occupancy Certificate from the County Government (Development Control Section) – this takes about 14 days.
- Getting Utilities Connected:
- Water Connection:
- Apply to the Water and Sewerage Company for a water connection.
- This takes 1 day and costs KES 5,000 for a survey and estimate of connection fees.
- Electricity Connection:
- Apply to Kenya Power Company for an electricity connection.
- This takes 1 day and costs KES 15,000 plus the connection costs.
Important Recommendations:
- Hire Professionals
- Follow all the steps to avoid problems and delays.
Ready to take the next step? Let us know how we can assist you with your permit needs!