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The Buildings Control Regulations 2020 3

The document is an arrangement of regulations for the Building Control Regulations, 2020 in Uganda. It outlines various parts and regulations related to building control including professional engagement for building works, classification of buildings, building plans, permits, site operations, occupation permits, and general regulations. Key aspects covered include requirements for building professionals, application processes for various permit types, notice periods for construction stages, and compliance and penalty provisions.

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EREJO TOM
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0% found this document useful (0 votes)
158 views72 pages

The Buildings Control Regulations 2020 3

The document is an arrangement of regulations for the Building Control Regulations, 2020 in Uganda. It outlines various parts and regulations related to building control including professional engagement for building works, classification of buildings, building plans, permits, site operations, occupation permits, and general regulations. Key aspects covered include requirements for building professionals, application processes for various permit types, notice periods for construction stages, and compliance and penalty provisions.

Uploaded by

EREJO TOM
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
You are on page 1/ 72

STATUTORY INSTRUMENTS

SUPPLEMENT No. 2 17th January, 2020

STATUTORY INSTRUMENTS SUPPLEMENT


to The Uganda Gazette No. 5, Volume CXIII, dated 17th January, 2020
Printed by UPPC, Entebbe, by Order of the Government.

S T A T U T O R Y I N S T R U M E N T S

2020 No. 3.

THE BUILDING CONTROL REGULATIONS, 2020

ARRANGEMENT OF REGULATIONS

Regulation

Part I—Preliminary

1. Title
2. Interpretation

Part II—Remuneration of Members of the Board


and Building Committee

3. Remuneration of members of the Board

Part III—Control of Building Operations

Professional Engagement

5. Engagement of professionals
6. Design and supervision by professionals
7. Non-compliant professionals

Classification of Building Developments


8. Classification of buildings

5
Building Plans

9. Architectural plans
10. Civil or structural plans
11. Electrical engineering installation plans
12. Mechanical engineering installations plans
13. General requirements
14. Excavations
15. Landscaping and parking
16. Use of unconventional materials or methods
17. Unstable soils or slopes

Building Control Officer and Assistant Building


Control Officer

18. Building Control Officer and Assistant Building Control Officer

Building Permit

19. Application for building permit for minor building works


20. Application for a building permit for temporary building operations
21. Application for building permit for residential or commercial
building operations
22. Application for building permit for complex structures or public
building operations
23. Receipt of applications for building permits
24. Notification of approval, deferral and rejection of application
25. Revocation of a building permit
26. Preliminary building permit enquiries

Building Site Operation and Management

27. Notice of commencement and completion of certain stages of work


28. Demolition work
29. Site operations
30. Temporary builders shed
31. Temporary sanitary facilities
32. Excavations and measures for stability of site
33. Compulsory maintenance

6
Occupation Permit

34. Application for occupation permit


35. Revocation of building occupation permit

Part IV—General
36. Inspections
37. Appeals
38. Fees
39. Deviation from approved plan
40. Non-compliant building operations
41. Compliance audits by the Board
42. General offences and penalties

SCHEDULES

SCHEDULE 1—CURRENCY POINT


SCHEDULE 2—CLASSIFICATION OF BUILDINGS
SCHEDULE 3—FORMS
SCHEDULE 4—FEES

7
S T A T U T O R Y I N S T R U M E N T S

2020 No. 3.

The Building Control Regulations, 2020


(Under section 52 of the Building Control Act, 2013,
Act No. 10 of 2013)

In exercise of the powers conferred on the Minister responsible


for building works by section 52 of the Building Control Act, 2013 and
on advice of the National Building Review Board, these Regulations
are made this 11th day of November, 2019.

Part I—Preliminary
1. Title
These Regulations may be cited as the Building Control Regulations,
2020.

2. Interpretation
In these Regulations, unless the context otherwise requires—
“Act” means the Building Control Act, 2013;
“Architect” means a person who is registered by the Architects
Registration Board under the Architects Registration Act
and is authorised to practice;
“artificial ventilation system’’ means a system in which air is caused
to circulate through a room by means of mechanical apparatus
which forces air into or extracts air from such room;
“basement” means any storey of a building, which is under the
first storey and any portion, which is below the level of the
adjoining pavement or the surrounding ground;
“block” means a walling unit made from stone or wet clay,
hardened by heat, either sun baked or fire baked, which
exceeds the size of a brick in overall dimensions;

8
“brick” means common or standard basic building unit that
supports vertical loads made from stone or wet clay,
hardened by heat, either sun baked or fire baked;
“Building control officer” means a Building Control Officer
appointed under section 32 of the Act;
“Building Committee” means a Building Committee established
under section 28 of the Act;
“cesspool “means a covered watertight tank used for receiving
and storing sewage from premises which cannot be connected
to a public sewer and where ground conditions prevent the
use of an on site treatment works including a septic tank;
“chimney” means a part of a building, which forms part of a flue
other than a flue pipe;

“Code” means National Building Code, 2019 issued under


Section 46 of the Act;
“column” means a vertical member of a structure carrying axial
loads and moments whose width is not more than four
times its thickness;
“concrete” means a material formed from a mixture of cement,
fine and coarse aggregates and water;
“currency point” has a value assigned to it in Schedule 1;
“division” means a portion of a building separated from the
remainder of the building by one or more separating
elements;
“drain” means a conduit channel used for the drainage of a
building or premises within the same curtilage;
“drainage work” means the construction or installation, laying,
connecting, fixing, repair or removal of any pipe, drain,
gully, cesspool, septic tank, soil pipe, trap, urinal, water
closet, waste pipe or any other item connected with
sewerage work;
9
“dwelling unit” means a unit containing one or more habitable
rooms and provided with adequate sanitary and cooking
facilities and is lawfully used or constructed, adapted or
designed to be used as a residence for one family;

“emergency route” means the entire path of travel from the
farthest point in any room in a building to the nearest
escape door;

“Engineer” means a person who is registered by the Engineers
Registration Board under the Engineers Registration Act
and is authorised to practice;

“escape door” means a door in an escape route, which leads


directly to a street or to any approved open space leading
to a street or public place;

“escape route” means the entire path of travel from the farthest
point in any room in a building to the nearest escape door
and may include an emergency route;

“exit door” means any door that is a component of an escape


route from any room in a building;

“external wall” means an outer wall of a building, but does not


include a party wall or separating wall;
“fire resistance” means the shortest period a building element
or component shall comply with the requirements for
stability, integrity and insulation when tested to the fire
requirements;

“flight” means a part of a stairway, which consists of consecutive


steps;

“floor area” means the net area measured on a plan enclosed


within the internal surfaces of external walls without
finishes;
10
“flue” means a passage for conveying the discharge of a heat
generating appliance to the external air;

“flue pipe” means a pipe forming flue but does not include a pipe
built as a lining to a chimney;

“foundation” means member of the structure that distributes


loads directly to the ground or that part of a building in
direct contact with and intended to transmit loads to the
ground;

“garage” means an enclosed area, which is used or intended to


be used for the parking, storing, servicing or repairing of
motor vehicles;

“habitable room” means a room constructed or adapted to be


used as a living or sleeping room or as a place for habitual
employment of any person;

“hoarding” means a temporary fence made of light approved


material erected around a building site;

“incremental house” means any dwelling house that, for reasons
of affordability, is to be constructed in stages in such a
manner that in its intermediate stages the house can
be occupied by its owner for a specified period of time
necessary to complete it;
“industrial effluent” means any liquid whether or not containing
matter in solution or suspension which is given off
in the course of or as a result of any industrial, trade,
manufacturing, mining or chemical process or any
laboratory, research or agriculture activity and includes
any liquid other than soil water or storm water;

“landing” means a platform between two consecutive flights of


a stairway;
11
“latrine” means place or receptacle for the decomposition of the
human excrement and includes a pit privy, urinal, chemical
or water closet;

“load” means any force to which a building is or may be subjected


and includes dead, imposed, wind, seismic and other loads
and forces caused by dimensional changes of materials;

“manhole” means a chamber of a depth greater than 750mm and


of such dimensions that allow entry of a person into such
chamber for the purpose of inspection of a drain, or sewer;

“member” means a structural component such as a beam, joist,


column, slab, or foundation;

“minor building works” has a meaning assigned to it under


section 2 of the Act;

“nosing” means the front edge of a tread of a stairway and


includes the front edge of the top surface of any landing,
which is situated at the top of a flight;

“occupancy” means the particular use or the type of use to


which a building or portion of a building is normally put
or intended to be put to use;

“party wall or separating wall” means—

(a) a wall forming part of a building and used or


constructed to be used for the separation of adjoining
buildings belonging to different owners, constructed
or adapted to be occupied by different tenants; or
(b) a wall forming part of a building and standing on
land of different owners;
“Physical Planning Committee” means a Physical Planning
Committee established under the Physical Planning Act,
2010;
12
“plot” means a parcel of land demarcated by definite boundaries
and includes all land within the curtilage of the building,
out-buildings, yards, courts, open spaces and gardens-
attached or intended to be occupied, other than the land
used, allotted or set apart for any street, lane, passage or
pathway;

“professional body” includes the Engineers Registration


Board, the Surveyors Registration Board and Architects
Registration Board;

“public building” means a building to which the public have


a right of access during all reasonable times for reasons
which the building is used in accordance with its prescribed
occupancy;

“public place” means any square, park, recreation ground or


open space which—
(a) is vested in the Government;
(b) the public has the right to use; or
(c) is designated and shown as such on any development
or general plan of an area;

“public sewer” means any sewer vested in the control of a public


body;

“reinforced concrete” means concrete containing the specified


minimum quantities of steel reinforcement;

“repairs” means operations on a building to restore it to an


identical condition as to appearance, structure and
occupancy which existed before the operations became
necessary whether caused by fair wear and tear or by
accident; except that repairs shall not include the complete
replacement of a building previously destroyed;
13
“retaining wall” means a wall intended to resist the lateral
displacement of materials;

“return form” means a form submitted with building plans as


required under the Architects Registration Act;

“scaffolding” means a temporary frame constructed to provide


means of access to high level working areas as well as
providing a safe platform from which to work;

“separating element” means a wall or floor which has a specific


fire resistance used between division occupancies or
tenancies in a building;

“septic tank” means a watertight tank designed to receive sewage


and to retain it for such a period as to secure adequate
decomposition of sewage;

“sewage” means waste water, soil water, industrial effluent and


other liquid waste flowing in separate or combined sewer
but does not include storm water;

“sewer” means a pipe, conduit or drain, which is used for the


conveyance of sewage;

“stability” means resistance of a structure or part of a structure


to overturning or overall failure;

“stairway” means any part of a building, which provides


ascending or descending route of travel formed by a single
flight or by a combination of two or more flights and one
or more intervening landings;

“storey” means part of a building which is situated between the


floor level next below it and the floor of the level above it
or, if there is no floor above it, the ceiling;

14
“storm water drain” means a pipe, conduit or surface channel,
which is used solely to convey storm water;

“storm water” means water resulting from natural precipitation


and includes rainwater, surface water, sub-soil water or
spring water;

“street” means any highway, road, service lane or any land


reserved for a highway, road or service lane and includes
any bridge, footway, square, court, alley or passage,
whether a thoroughfare intended for use by the public or
not;

“strength” means, in relation to a member of a structure,


resistance to failure by yielding or buckling;

“structural” means relating to or forming part of any structural


system;

“structural system” means the system of constructional elements


and components of a building, which is provided to resist
the loads acting upon it and to transfer the loads to the
ground upon which the building is founded;

“surveyor” means a surveyor registered under the Surveyor’s


Registration Act;

“temporary building” includes—

(a) an incremental house in any intermediate stage of


erection;

(b) a building intended to be used for experimental,


demonstration, testing or assessment purposes;

(c) any stall or other similar building to be erected as


part of an exhibition;
15
“tread” means the upper surface of a step;

“wall” means a vertical load-bearing or non-load-bearing


member of a structure whose length exceeds four times its
thickness;

“water closet” means latrine accommodation used with water


borne system of excreta disposal; and

“width” means the distance between opposite plot


boundaries, measured at right angles to the direction of
the street.

Part II—Remuneration of Members of the Board


and Building Committee

3. Remuneration of members of the Board


The Chairperson and members of the Board shall be paid remuneration
or allowances as the Minister may specify in their instruments of
appointment, in consultation with the Minister responsible for finance
and the Minister responsible for public service.

4. Remuneration of Building Committee members


Members of the Building Committee shall be paid remuneration or
allowances as the Minister may determine.

Part III—Control of Building Operations

Professional Engagement

5. Engagement of professionals
(1) The Building Committee shall, as a condition in the building
permit, require the owner of a building other than a minor building
to—

(a) employ an architect for purposes of architectural design;

16
(b) employ an engineer for the purposes of an engineering
design;
(c) employ a surveyor for the purposes of surveying services
such as processing boundary reports;
(d) retain the services of the architect and the engineer for the
purpose of supervising the construction of the building;
(e) retain a health and safety expert on site throughout the
construction of a building; and
(f) retain the services of any other professional necessary to a
building operation.

(2) The architectural and engineering drawings, documents and


site reports shall be signed by the architect or engineer engaged by the
owner of the proposed building.

(3) On completion of the building operations, the architect or the


engineer as the case may be, shall submit to the Building Committee a
certificate confirming that the work has been carried out in accordance
with the approved plans, the Act, these Regulations and the Code.
(4) For the purposes of these Regulations, the Building Committee
shall keep a register of qualified architects, structural engineers and
surveyors as gazetted from time to time by their respective professional
bodies.

6. Design and supervision by professionals


(1) Where a person engages an architect or engineer to design
or supervise a building or a part of a building, the building operations
shall be deemed to satisfy the requirements of these Regulations;
provided the person retains the services of the architect or engineer
until an occupation permit is issued.

(2) The architect and engineer shall certify to the Building


Committee, the satisfactory completion of the building before an
occupation permit is issued.
17
(3) Where the owner of a building terminates the services of
the architect or engineer at any time before the occupation permit is
issued, the owner shall immediately notify the Building Committee,
and the Building Committee may—

(a) stop any further building operations until another architect


or engineer is engaged by the owner; or

(b) assign an architect or engineer from an annually gazetted


list of architects and engineers, who shall be retained at the
expense of the owner for purposes of ensuring compliance
with the Act, these Regulations and the Code, until an
occupation permit is issued.

(4) Where an architect or engineer terminates his or her services


from the owner under this regulation, the architect or engineer shall
immediately notify the Building Committee.

7. Non-compliant professionals
(1) Where an architect, engineer or surveyor fails to perform his
or her duty as required by law under the employment of the owner,
the owner may report the architect, engineer or surveyor to their
respective professional body for disciplinary action and notify the
relevant Building Committee and the Board for appropriate action.

(2) Where an architect, engineer or surveyor fails to comply


with the Act, these Regulations or the Code, the Building Committee
may—
(a) issue a warning to the engineer, surveyor or architect
specifying the provisions contravened;
(b) report the architect, engineer or surveyor to their respective
professional body for appropriate action;
(c) request a report to be submitted by the professional body
to the Building Committee on any action taken under
paragraph (b); or
18
(d) recommend to the Director of Public Prosecution for
prosecution under section 40(3) or section 45 of the Act,
where an offence is committed.

Classification of Building Developments


8. Classification of buildings
Buildings shall be classified according to form, size, complexity, social
and environmental impact under Category A, B or C as prescribed in
Schedule 2.
Building Plans
9. Architectural plans
(1) Architectural plans shall consist of the following, where
applicable, and to the satisfaction of the Building Committee—
(a) location plan;
(b) context or block plan;
(c) site plan;
(d) floor plans;
(e) elevations;
(f) sections;
(g) door and window schedules;
(h) drainage plans; storm, foul and waste water; and
(i) boundary wall plan and details.

(2) The architectural drawings and diagrams shall be drawn to


suitable scales but not smaller than any of the following scales—
(a) site plans- 1:2500, 1:1250, 1:1000, 1:500, 1:250, 1:200 or
1:100;
(b) layout drawings, including demolition drawings, if any-
1:100, 1:50 or 1:20; and

(c) sections and elevations- 1:100 or 1:50.


19
10. Civil or structural plans
(1) Civil or structural engineering plans, drawings and diagrams
shall contain the following, where applicable—
(a) excavation details;
(b) foundation details;
(c) column details;
(d) beam details;
(e) beam-column connections;
(f) slab details;
(g) staircases;
(h) lift wells;
(i) roof details; and
(j) retaining structure details.

(2) Civil or structural engineering plans, drawings and diagrams


referred to in subregulation (1) shall be drawn to suitable scales but
not smaller than 1:100, 1:50, 1:20, 1:10, 1:5, 1:2 or 1:1.

11. Electrical engineering installation plans


(1) Electrical engineering installation plans, drawings and
diagrams shall contain the following, where applicable—
(a) mains and standby power supply;
(b) power reticulation;
(c) lighting layout;
(d) small power layout;
(e) fire protection;
(f) private automatic branch exchange system (PABX);
(g) local area data network (structured cabling); and
(h) closed circuit television (CCTV).

(2) The electrical engineering plans, drawings and diagrams


referred to in subregulation (1) shall be drawn to suitable scales but
not smaller than 1:200, 1:100, 1:50 or 1:20.
20
12. Mechanical engineering installations plans
(1) Mechanical engineering installation plans, drawings and
diagrams shall contain the following, where applicable—
(a) water supply;
(b) water reticulation;
(c) water storage;
(d) ventilation and air conditioning;
(e) drainage; and
(f) firefighting.

(2) The mechanical engineering plans, drawings and diagrams


referred to in subregulation (1) shall be drawn to suitable scales but
not smaller than any of the following scales—
(a) drainage installation drawings-1:200, 1:100 or 1: 50; and
(b) storm and wastewater disposal- 1: 1250 or 1:2500.

13. General requirements


(1) The building plans referred to under regulation 9, 10, 11
and 12 shall indicate sections, elevations, calculations and drawings,
specifications of materials and such other particulars as the Building
Committee may consider necessary.

(2) The Building Committee may require the applicant to submit


the building plans as white bond paper, soft copy, blue print or any
suitable durable material, scale or format.

(3) Where an applicant submits the building plans in hard copy


format, he or she shall submit the documents in quadruplet to the
Building Committee.

(4) All building plans, sections and elevations required by the


Building Committee shall be prepared by an architect or engineer and
shall —

21
(a) be clearly and accurately delineated in ink or other suitable
permanent manner, on a suitable and durable material to
the scales prescribed in regulations 9, 10, 11 and 12;

(b) describe the class or nature of the building and show


clearly the purpose for which every room or part of the
building is to be used;

(c) indicate the stages and method by which it is intended


to construct the building, if it is not to be built in one
operation;

(d) indicate the materials of which the building will be


constructed; and show clearly and accurately the position,
form and dimensions of the foundations, walls, floors,
rooms and the other parts of the buildings;

(e) include a plan of every floor and complete sections of


the foundations and of every storey, floor and roof of the
building;

(f) differentiate clearly between new work and existing work,


if the building permit applied for is for work on an existing
building; and
(g) any other particulars as the Building Committee may
require.

(5) The building plans shall be signed by the architect or engineer


who prepared the plans, drawing or other relevant document.

(6) In all cases the scales used shall be stated on the plans,
drawings or diagrams and the letters and symbols adopted shall not be
less than 2.5m high.

(7) The north point shall be shown at the top right hand corner of
the site plan or location plans.
22
14. Excavations
(1) A person shall not carryout excavation works exceeding two
meters below the original ground level without a permit issued by the
Building Committee.

(2) An excavation exceeding 2 meters below the original ground


level or in situations where special geotechnical considerations exist,
shall be designed by an engineer.

(3) An excavation for a foundation shall be taken down to a


firm natural ground and the bottom made horizontal or design the
foundation to suit the existing site conditions.

(4) Where an excavation for a foundation is in solid rock, the


bottom of the excavation shall be taken into the rock to a depth not
less than 300mm or the depth equal to the thickness of the foundation
footing, whichever is greater.

(5) Where excavation into solid rock is not practicable under


subregulation (4), the Building Committee may evaluate the technical
solutions submitted by the engineer.

15. Landscaping and parking


(1) The Building Committee shall by notice in the Gazette,
prescribe the types of building and locations that require proposals for
landscaping of the site as part of the building operations.

(2) The landscaping proposal referred to under subregulation (1)


shall be designed—
(a) to enhance the aesthetics of the site and the adjacent area;
(b) to provide a screen against environmental hazards; or
(c) to contain hazardous substances or activities within the
building curtilage.

(3) The proposal for landscaping shall include indigenous flora


and local materials, wherever practicable.
23
(4) Parking for motor vehicles shall be provided within the
boundary of the site in accordance with the Code.

16. Use of unconventional materials or methods


(1) A person intending to use any building methods or materials
for building, for which no provision has been made under the Code,
shall submit an application in writing to the Building Committee
giving details of the methods and materials intended to be used.

(2) The Building Committee may, with the consent and at the
cost of the applicant, appoint a consultant to report on whether the
standard of durability and stability of the building to be constructed
from the materials or by methods not provided for in the Code are
equal to the standard imposed by the Code.

17. Unstable soils or slopes


(1) Where the Building Committee has reason to believe that
there are unstable subsoils or unstable slopes on a building site, it shall
advise the applicant accordingly.

(2) Where unstable soil or an unstable slope is evident within


the boundaries of the site, the applicant shall submit to the Building
Committee particulars of the measure considered necessary to make
provision for any differential movements or other effects which may be
detrimental to the building irrespective of whether or not the Building
Committee informed the applicant about the unstable soils or slopes.

Building Control Officer and Assistant Building


Control Officer

18. Building Control Officer and Assistant Building Control


Officer
(1) Every District Service Commission shall in accordance
with section 32 of the Act, appoint a Building Control Officer, Urban
Building Control Officer and such other Assistant Building Control
Officers as are necessary to enable the Building Committee to carry
out its functions under the Act.
24
(2) A Building Control Officer or Urban Building Control Officer
shall be a person who—
(a) has at least a bachelors degree in any of the following
disciplines—
(i) architecture;
(ii) engineering; or
(iii) quantity surveyor;

(b) has a minimum of five years continuous employment in


the construction industry; and
(c) is registered with the relevant professional body.

(3) An Assistant Building Control Officer shall be a person with


the following qualifications—

(a) at least an ordinary diploma or its equivalent and he or she


shall belong to a relevant professional association in any
of the following disciplines—
(i) architecture;
(ii) engineering; or
(iii) quantity surveyor; and

(b) a minimum of three years continuous employment in the


construction industry.

(4) The Building Control Officer appointed under this regulation


shall submit reports on the performance of his or her functions under
the Act to the relevant Building Committee at least once every quarter.

Building Permit

19. Application for building permit for minor building works


(1) A person who intends to erect a minor building shall apply to
the Building Control Officer for a building permit in accordance with
section 39 of the Act.
25
(2) The application referred to in subregulation (1) shall be in
Form 1 set out in Schedule 3 and shall be accompanied by—
(a) a letter from the chairperson of the village council of the
area;
(b) proof of ownership of land in accordance with the Land
Act, including the certificate of title, power of attorney
from the registered proprietor or other satisfactory proof
of ownership;
(c) development permission from the Physical Planning
Committee;
(d) a sketch plan;
(e) proof of payment of application fees prescribed in
Schedule 4; and
(f) any other document as may be required by the Building
Control Officer.

(3) Where the Building Control Officer deems any application


to be of such character or magnitude as to have a substantial impact on
the neighbourhood or community, he or she shall direct the applicant to
place a notice in the Gazette or newspaper of wide circulation inviting
representations from the public in writing to the Building Control
Officer.

(4) The Building Control Officer shall make copies of the


representations from the public available to the applicant within
fourteen days and the applicant shall have fourteen days to make a
written reply to the representations.

(5) The Building Control Officer shall, within twenty one days
from the date of receipt of the application in subregulation (1), give his
or her decision in writing—
(a) approving the application; or
(b) refusing the application.
26
(6) A person aggrieved by the decision of the Building Control
Officer under this regulation may appeal to the Building Committee
within fourteen days from the date of receipt of the decision.

20. Application for a building permit for temporary building


operations
(1) A person who wishes to erect a temporary building shall
apply to the Building Committee for a building permit.

(2) The application referred to in subregulation (1) shall be in


Form 2 set out in Schedule 3 and shall be accompanied by—
(a) a site plan;
(b) detailed architectural drawings to enable the Building
Committee to determine the size, form, materials of
construction and use of the proposed temporary building;
(c) where it is intended that the public shall have access to
the building, structural details necessary for the Building
Committee to determine the structural safety of the
proposed building;
(d) proof of payment of application fee prescribed in Schedule
4; and
(e) any other document as may be required by the Building
Committee.

(3) Notwithstanding subregulation (2), where a stall is to be


erected inside an exhibition hall, the owner of the hall shall not be
required to submit to the Building Committee any details of the stall
but shall submit to the Building Committee a layout plan of all the
stalls within the hall showing the location of each individual stall,
escape doors and firefighting equipment.

(4) Where the Building Committee is satisfied with an application


made under subregulation (1), it may within thirty days from the date
of receipt of the application, grant the application subject to conditions
as may be specified in the building permit.
27
(5) A person granted a building permit under subregulation
(4) shall commence building operations within twelve months in
accordance with section 38(1) of the Act.

(6) The period referred to in subregulation (5) may be extended


by the Building Committee upon request of the owner of the temporary
building in accordance with section 38 (2) of the Act.

(7) Where it is intended that the public shall have access to


the building, the request referred to under subregulation (6) shall be
accompanied by a certificate signed by an engineer, indicating that
the condition of the structural system is satisfactory for the period of
extension.

21. Application for building permit for residential or commercial


building operations
(1) A person intending to carry out a building operation of
residential or commercial building shall submit an application for a
building permit to the Building Committee in accordance with section
35 of the Act and these Regulations.

(2) An application referred to under subregulation (1) shall, in


addition to the requirements prescribed in sections 35(2) and (3) of the
Act, be accompanied by the following, where applicable—
(a) a letter of introduction from the chairperson of the village
council of the area;
(b) a sketch plan of the proposed building;
(c) proof of ownership of land in accordance with the Land
Act, including photocopy of certificate of title, power of
attorney from the registered proprietor or other satisfactory
proof of ownership;
(d) development permission from the Physical Planning
Committee;
(e) at least two sets of architectural drawings;

28
(f) a boundary opening report from a surveyor;
(g) at least two sets of electrical drawings;
(h) at least two sets of mechanical engineering drawings;
(i) at least two sets of structural engineering drawings and
design calculations for both temporary and permanent
works, where applicable;
(j) proof of payment of application fees prescribed in Schedule
4; and
(k) any other document as may be required by the Building
Committee.

(3) The application referred to in subregulation (2) shall be


signed by the applicant or his or her representative and shall be in
Form 2 set out in Schedule 3.

22. Application for building permit for complex structures or


public building operations
(1) A person intending to carry out a building operation of a
complex structure or public building shall submit an application for
a building permit in accordance with section 35 of the Act and these
Regulations.

(2) An application referred to under subregulation (1) shall, in


addition to the requirements prescribed in section 35(2) and (3) of the
Act and regulation 21(2), be accompanied by the following, where
applicable—
(a) a geotechnical investigation report;
(b) a hydrological investigation report;
(c) a certificate of environmental and social assessment from
the National Environment Management Authority;
(d) an acknowledgement of receipt of the building plans by
the Commissioner of Occupational Safety and Health;
(e) a traffic impact assessment;
29
(f) a certificate of energy efficiency assessment from the
Ministry responsible for energy;
(g) proof of payment of application fees prescribed in Schedule
4; and
(h) any other document as may be required by the Building
Committee.

(3) The application referred to in subregulation (2) shall be


signed by the applicant or his or her representative and shall be in
Form 2 set out in Schedule 3.

23. Receipt of applications for building permits


(1) The Building Committee may receive applications under
these Regulations in hard copy or electronic format.

(2) Where a Building Committee has capacity to receive


applications in electronic form, the Committee shall issue guidelines
specifying the procedure.

(3) Where an application submitted under this regulation is


incomplete, the Building Committee shall return the application to the
applicant.
(4) The applicant referred to in subregulation (3) may resubmit
the application to the Building Committee where he or she has satisfied
the requirements of these Regulations and shall pay re-submission fees
prescribed in Schedule 4.
(5) In the case of applications received by the Building
Control Officer, the Building Control Officer shall assess and make
recommendations to the Building Committee in relation to applications
for building permits in accordance with sections 33 and 35 (4) of the
Act using Form 3 set out in Schedule 3.

24. Notification of approval, deferral and rejection


(1) A Building Committee to which the application has been
submitted may in the exercise of its power under section 36(1) of the
30
Act, grant the building permit in Part I of Form 4 specified in Schedule
3 and may attach to the permit any conditions with respect to the
proposed building or work consistent with these Regulations.

(2) A Building Committee shall notify the Building Control


Officer of its decision in accordance with section 33 (c) using the form
in Part II of Form 4 set out in Schedule 3.

(3) Where the Building Committee issues a permit under


subregulation (1), the chairperson of the Building Committee shall
sign the permit and other documents and issue one endorsed copy of
the permit and other documents to the applicant.

(4) The Building Committee shall maintain records of its


proceedings as prescribed in Parts I and II of Form 5 set out in
Schedule 3.

25. Revocation of a building permit


In addition to the circumstances set out in section 40 of the Act, a
building permit may be revoked where—
(a) the owner of a building operation uses building methods
and materials that have been prohibited under section 42
of the Act;
(b) the professionals engaged under these Regulations are
replaced without notifying the Building Committee;
(c) the building operation is not in accordance with the
approved plans; or
(d) the building operations have been suspended for more
than twelve months.

26. Preliminary building permit enquiries


(1) A person who intends to carry out complex structures or
public building operations may, before applying for a building permit,
request the Building Control Officer—
31
(a) to examine a preliminary sketch or conceptual drawings
or plans of the proposed building operation and furnish
in writing his or her comments on the plans or on any
particular features of the plans;
(b) to furnish, in writing, his or her opinion as to whether any
material, method or form of construction intended to be
used in the erection of the building complies with the Act,
these Regulations, the Code and other applicable laws; or
(c) to advise on the requirements for approval.

(2) Where the Building Control Officer is unable to comply


with the request in subregulation (1), the Building Control Officer
shall notify the applicant in writing stating the reasons for his or her
inability to do so.

Building Site Operation and Management

27. Notice of commencement and completion of certain stages of


work
(1) A person shall not commence a building operation prior to
giving a notice in writing to the Building Committee specifying the
date on which the building operation shall commence.

(2) The notice referred to under subregulation (1) shall be


issued—
(a) to the Building Committee at least fourteen days in the
case of demolition; and
(b) to the Building Committee at least seven days in the case
of erection of a building or regular maintenance of a
building including painting, redecoration or replacement
of damaged roof covering.
(3) The notice referred to under subregulation (1) shall be signed
by the applicant or his or her representative and shall be in Form 6 as
set out in Schedule 3.
32
(4) A copy of the approved drawings and building permit shall
be kept on site and shall be readily accessible by the Building Control
Officer at all times during the building operation.

(5) A building operation shall not proceed beyond a stipulated


stage if the stage has not been inspected and approved by the Building
Committee or Building Control Officer, where that is a condition of
the building permit.

(6) The owner of a building operation shall use Form 7 set out in
Schedule 3 to request for inspection.

(7) Where there is a condition in the building permit requiring


the owner to submit quarterly reports of the progress of a building
operation, the architect or engineer shall furnish the Building Committee
or Building Control Officer a certificate of stability of structure in
Form 8 set out in Schedule 3 certifying that the structural work of the
building is been carried out in accordance with the structural design
and details.

(8) The Building Committee or Building Control Officer may


give at least two days’ notice to the owner of a building operation prior
to inspection.

(9) The stages for inspection referred to under subregulation (5)


include—

(a) for all buildings—


(i) setting out of foundations of buildings;
(ii) foundations excavated and level pegs for concreting;
(iii) foundations concreted;
(iv) trenches for drainage work excavated to levels and
gradients;
(v) drains laid and joined and ready for testing;

33
(vi) reinforcing steel fixed in position before concreting;
(vii) concrete shuttering ready for striking;
(viii) walls completed to wall-plate level;
(ix) roof frame-work completed before covering; and
(x) practical completion before occupation.

(b) for reinforced concrete structures, elements or members


in all cases after reinforcement is in place, but before
concrete is poured for—
(i) foundations;
(ii) retaining walls;
(iii) columns; and
(iv) beams and slabs;
(c) for structural steelwork, after erection but before cladding;
(d) for structural timber, after erection but before cladding;
and
(e) for suspension and resumption of building operations.

(10) Where a person is notified by the Building Committee in


writing of any contravention of his or her building permit during the
construction and is required to rectify the contravention, he or she shall
after completion of the rectification, notify the Building Committee in
writing.

(11) If the procedure laid down in subregulation (10) is not


followed, the Building Committee may by notice in writing, require
the owner to cut into, lay open or pull down as much of the building
work as may be necessary to carry out any tests and ascertain whether
the provisions of the Act, these Regulations and the Code have been
complied with, and at the cost of the owner.

(12) The Building Committee may carry out tests or inspections


as may be necessary.
34
(13) Tests or inspections under subregulation (12) shall be at the
expense of the owner of the building operation.

(14) A person shall notify the Building Committee in writing


of—
(a) the erection of a building not more than seven days
after completion or if a building or part of a building is
occupied before completion, not less than seven days after
completion;
(b) any alteration or extension of a building, not more than
seven days after completion; or
(c) the execution of works or the installation of fittings in
connection with a building, not more than seven days after
completion.

28. Demolition work


(1) A person shall not demolish, cause or permit to be demolished
any building without approval of the Building Committee.

(2) The Building Committee may impose conditions as are


necessary for the safety and health, convenience of the public and
safety of any building or installation which may be affected by the
demolition.

(3) A person shall not leave a building or demolition site in a


dangerous condition.

(4) Where a building is left in a dangerous condition under


subregulation (3), the Building Committee shall require the owner
of the building to make the site safe and where he or she fails, the
Building Committee shall carry out the necessary work at the cost of
the owner of the site.

(5) The Building Committee may prohibit the use of any method
of demolition of any building where the method is likely to create
danger to human life, other building, or property.
35
29. Site operations
(1) The Building Committee may require the owner of the site
to erect a fence, hoarding or barricade to keep the public out and to
protect the public from activities on the site prior to commencement of
a building operation.

(2) The fence, hoarding or barricade shall be retained and


maintained by the owner in a safe condition until the work is complete.

(3) A person undertaking any building operation on any site


shall confine all operations in connection with the work within the
boundaries of the site.

(4) The owner shall erect and retain a sign board for the duration
of the construction until work is complete, in the most publicly visible
position on the site indicating what the project is, together with the
name, contact information and registration numbers where applicable.

(5) The sign board referred to in subregulation (4) shall also


include—
(a) the owner;
(b) project title;
(c) the person with overall responsibility for the site operations;
(d) the architect responsible for overseeing the site operations;
(e) the engineers responsible for overseeing the site operations;
(f) surveyor responsible for the project; and
(g) any other information as required by the Building
Committee.

(6) The Building Committee may, before or during the erection


or demolition of any building, impose any conditions in addition to
the conditions or requirements contained in these Regulations for the
purpose of safeguarding the interests of the public, and the owner of
the building shall observe the conditions.
36
30. Temporary builders shed
(1) A person carrying out building operations may erect on the
site, temporary builder’s sheds as may be necessary.

(2) The construction and location of the sheds shall be to the


satisfaction of the Building Committee.

(3) The sheds shall be maintained in good order and condition at


all times during the building operations.

(4) The Building Committee may serve a notice on the owner of


the sheds requiring him or her within a time specified in the notice, to
remove, relocate, reconstruct, repair or improve the condition of the
sheds.

(5) Security personnel employed in connection with any building


operation may be accommodated in the builder’s sheds subject to the
requirements and conditions as may be necessary for safeguarding
public health, avoidance of any nuisance and inconvenience to persons
in the vicinity of the building site.

31. Temporary sanitary facilities


(1) A person shall not commence any building operations without
installing sanitary facilities for personnel at the building site or at a
reasonably close location as approved by the Building Committee.

(2) Sanitary facilities shall—


(a) be placed in such a position so as not to be offensive;
(b) be maintained in a hygienic condition; and
(c) be removed by the owner immediately after the completion
of the building operations.

(3) Sanitary facilities shall be provided at the rate of not less than
one sanitary facility for every thirty people on the building site.

37
32. Excavations and measures for stability of site
(1) Where any excavation is carried out or is to be carried out on
any site which is likely to be unstable, measures shall be taken by the
owner of the site to ensure that stability is maintained.

(2) Where any excavation is likely to impair the stability of any


property or where the depth at any point in an excavation is expected
to be in excess of 3 metres and is not indicated on the approved
architectural and structural engineering plans, the owner of the site
shall—
(a) make an application to the Building Committee, in writing
for approval of the required structural temporary works
prior to the commencement of excavation;
(b) take precautionary measures as may be specified by the
Building Committee; and
(c) maintain open excavations in a safe condition at all times
to the satisfaction of the Building Committee.

33. Compulsory maintenance


(1) A Building Committee may, in respect of any building which
has in its opinion fallen into a state of disrepair or neglect, and constitutes
a safety or health hazard to the public, or for aesthetic purposes, serve
a notice in writing on the owner of the building, requiring him or her
to carry out repairs or painting within such time as may be specified in
the notice.

(2) Where a person notified under subregulation (1) fails or


refuses to carry out the repairs or painting within the stipulated period,
the Building Committee may carry out the repairs or painting at the
cost of the owner of the building.
Occupation Permit

34. Application for occupation permit


(1) A person intending to occupy a building shall apply for an
occupation permit, temporary occupation permit or partial occupation
permit in accordance with section 44 of the Act and these Regulations.
38
(2) An application referred to under subregulation (1) shall be
accompanied by the following, where applicable—
(a) at least two sets of as-built drawings for the building
layout;
(b) at least two sets of as-built electrical drawings;
(c) at least two sets of as-built mechanical engineering
drawings;
(d) at least two sets of as-built structural engineering drawings;
(e) a certificate of fitness of the electrical installations issued
by an engineer;
(f) a certificate of fitness of the mechanical installation issued
by an engineer;
(g) a certificate of practical completion; and
(h) any other document as may be required by the Building
Committee.

(3) The application referred to under subregulation (2) shall be


signed by the applicant or his or her representative and shall be as set
out in Part I or Part II of Form 9 set out in Schedule 3.
(4) Upon receipt of an application for an occupation permit, the
Building Control Officer shall inspect the building prior to the issuance
of an occupation permit by the Building Committee.

(5) The Building Committee, where satisfied that the application


meets the requirements of the Act, these Regulations and the Code,
shall issue an occupation permit in Part I or Part II of Form 10 set out
in Schedule 3.

35. Revocation of building occupation permit


An occupation permit may be revoked where—
(a) an owner of the building fails to take corrective measure
required by the Building Committee; or
(b) the building is used for other purposes other than that for
which a permit was issued.
39
Part IV—General

36. Inspections
(1) The Building Control Officer shall inspect buildings at
regular intervals to detect any deterioration or defects in the buildings
in accordance with the Act.

(2) The Building Control Officer shall apply Forms A, B and


C of Form 11 set out in Schedule 3, as appropriate, to undertake the
inspection of building works.

37. Appeals
(1) A person aggrieved by a decision of the Building Control
Officer under these Regulations may appeal to the Building Committee
within thirty days after receiving notice of the decision.

(2) A person aggrieved by a decision of the Building Committee


under these Regulations may within thirty days after receiving notice
of decision, appeal to the Board.

(3) The appeal shall be in writing with a copy to the Building


Control Officer or the Building Committee, as the case may be.

(4) The right of appeal to the Board under this regulation does
not take away the right of an applicant to appeal to a court of law and
the court may confirm, reverse or modify the decision of the Board.

38. Fees
(1) The fees specified in Schedule 4 shall be paid in respect of
the services or activities to which they relate.
(2) All application and permit fees shall be paid by way of
electronic transfer or direct deposit into the bank account of the
relevant local government.

(3) The prescribed application fees shall be paid on or before


the day an application is submitted to the Building Committee and
prescribed permit fees shall be paid before the permit is issued.
40
(4) Subject to paragraph 15 of Schedule 4, the fees prescribed in
Schedule 4 are not refundable.

39. Deviation from approved plan


(1) Where any deviation is found necessary during the course of
construction of a building, an owner of a building operation may apply
to the Building Committee to continue with the deviation work.

(2) An application under subregulation (1) shall be accompanied


by the revised plan, drawing or diagram to cover the deviation, as
certified by the responsible registered professional.

(3) Where an owner of a building deviates from an approved plan,


drawing or diagram to a substantial degree in terms of plot coverage,
height, depth, other dimensions, structural system, or becomes non-
compliant with these Regulations, the Building Committee may revoke
the building permit for the building operations and require the owner
of the building to demolish and remove the building within a specified
time at his or her own cost.

40. Non-compliant building operations


Where the Board is of the opinion that a building operation is in
contravention of the Act, these Regulations or the Code or that such
building operations may result into public nuisance or risk of accidents,
the Board may—
(a) require the Building Committee to investigate the matter
and report to the Board;
(b) recommend to the Building Committee to stop the building
operations; or
(c) proceed to take any legal action in accordance with the Act
and these Regulations.

41. Compliance audits by the Board


(1) The Board shall conduct periodic inspections of the records
and proceedings of the Building Committees to ensure compliance
with the Act.
41
(2) In the exercise of its functions under the Act, the Board
may—
(a) carryout audits during and after building permit approval
process, and compliance audit after the completion of the
building operation;
(b) develop a capacity building strategy for Building
Committees and other stakeholders involved in building
operations;
(c) require any information, documents, records and reports
in respect of any aspect of the building permit approval
process where an appeal has been lodged against a decision
of a Building Committee;
(d) summon witnesses, call for the production of plans,
documents, and examine witnesses and parties concerned
for purposes of determining an appeal against a decision
of the Building Committee;
(e) undertake investigations into a building permit approval
process or building related accidents; and
(f) act upon complaints by Building Control Officers,
Building Committees, or any person in respect of any
building permit approval process.

42. General offences and penalties


(1) A person who—

(a) fails to comply with the terms of a notice or conditions


issued under these Regulations;

(b) deviates in any material degree from the approved plan,


drawing or diagram without approval of the Building
Committee;

(c) erects a building in contravention of these Regulations;


42
(d) hinders or obstructs a Building Control Officer or any
person authorised by the Building Committee in the
performance of his or her duties;

(e) submits a certificate, which is substantially false, incorrect


or fraudulent;

(f) fails to take out worker’s insurance as required by the


Workers Compensation Act, 2006;

(g) being the owner of a building, occupies, uses or permits


the occupation or use of a building without an occupation
permit;

(h) causes any building to be altered or used for a purpose


other than the purpose shown on the approved plans of the
building; or

(i) uses a building for a purpose, which causes a change in the


class of occupancy,
commits an offence and is liable on conviction to a fine not exceeding
forty eight currency points or imprisonment not exceeding two years
or both, and in the case of a continuing contravention, an additional
fine not exceeding five currency points for each day during which the
contravention continues.

(2) For the avoidance of doubt, a person may proceed under the
Workers Compensation Act, 2006 against a person convicted under
subregulation (1), where his or her actions result in the injury or death
of a person.

43
SCHEDULES

SCHEDULE 1
Regulation 2

CURRENCY POINT

A currency point is equivalent to twenty thousand shillings.

44
SCHEDULE 2
Regulation 8

CLASSIFICATION OF BUILDINGS

Category Description

Complex structural forms; public buildings, multi storeyed


buildings more than 12m high, building complexes (mixture
A of all) such as schools, hospitals, shopping malls, buildings
of high social impact or to be located in sensitive ecosystem
among others.
Residential or commercial buildings; floor area >30m2; single
or multi-storeyed of up to 12m high of simple structural
B
form, boundary wall built of bricks, concrete or other solid
material of permanent nature.
Minor and temporary buildings; Floor area <30m2; single
C
storey; of simple structural form.

45
SCHEDULE 3—FORMS

FORM 1

Regulation 19(2)

APPLICATION FOR BUILDING PERMIT FOR


MINOR BUILDING WORKS

To: The Building Control Officer

In accordance with the Building Control Regulations, 2020, I/we hereby


make an application for permission to carry out minor building works at
Plot No. _______________________________________________
Block No. _______________________________________________
Street/ Road _______________________________________________
Location _______________________________________________
District _______________________________________________

In the position indicated on the accompanying sketch plans.

(a) Name and address of the applicant.


_______________________________________________________
_______________________________________________________
_______________________________________________________

(b) Description of intended use.


_______________________________________________________
_______________________________________________________
_______________________________________________________

Dated this __________day of _________________20­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­_____________

………………………………….
Name and signature of applicant

46
OFFICIAL USE ONLY
In accordance with the Building Control Regulations, 2020, you are hereby
authorised to carry out minor building works with the following conditions-

CONDITIONS
Architectural Civil/Structural Electrical Mechanical

Dated this _________day of ____________________20 ___________

………………………………
Building Control Officer

Attach—
(a) a letter of introduction as cover from the chairperson of the
village council of the area;
(b) proof of ownership of land in accordance with the Land Act,
including the certificate of title, power of attorney from the
registered proprietor or other satisfactory proof of ownership;
(c) an approval of development by the Physical Planning
Committee;
(d) a sketch plan; and
(e) any other document as may be required by the Building Control
Officer.
47
FORM 2

Regulations 20(2), 21(3) and 22(3)

APPLICATION FOR BUILDING PERMIT FOR TEMPORARY


BUILDING*, RESIDENTIAL/COMMERCIAL BUILDING* OR
COMPLEX STRUCTURE /PUBLIC BUILDING*

To: The Building Committee


1. Particulars of applicant:
(a) Name: ____________________________________________
__________________________________________________
(b) Physical address: ____________________________________
__________________________________________________
__________________________________________________
(c) Postal address: ______________________________________
__________________________________________________
__________________________________________________
(d) Telephone (fixed line): _______________________________
(e) Mobile phone: ______________________________________
(f) Fax: ______________________________________________
(g) E-mail address: _____________________________________
(h) Identification number (in case of an individual): __________
(i) Name of contact person (where different from applicant): ____

2. Legal status of applicant


Please indicate legal status of applicant (Attach certificate of
incorporation, memorandum and articles of association, where
applicable).
_______________________________________________________

3. Particulars of directors:

Name Address Nationality Country of usual


residence
(a) ____________ ___________ _______________
____________ ___________ _______________
48
(b) ____________ ___________ _______________
____________ ___________ _______________

3. Description of the proposed building operation


Temporary building………………………………………………….
Category A……………………………………………………………
Category B…………………………………………………………..
____________________________________________________________

4. Description and location of site


Plot No_____ Block No_____ Location _____ ________

Building Name ____________

Owner and address ____________ __________ ________

5. Statement of the proposed costs and financing __________________


___________________________________________________
6. Accessibility to Services
S/N DESCRIPTION YES NO N/A
1 Access road
2 Water supply
3 Sewer connection
4 Electricity supply
5 Internet supply
6 Others_______________

7. Professionals engaged, where applicable;


(a) Name and address of the Architect:______________________
__________________________________________________
Signature and stamp: _____________________________________
(b) Name and address of the Structural Engineer:_____________
__________________________________________________
__________________________________________________

Signature and stamp: ________________________________


49
(c) Name and address of the Building Services Engineer:_______
__________________________________________________

Signature and stamp: ________________________________

(d) Name and address of the Quantity Surveyor:_______________


__________________________________________________

Signature and stamp: ________________________________

8. Is the plot affected by any reservation or road lines? If so, are these
correctly and clearly marked on the block plan?
_______________________________________________________
_______________________________________________________

9. What is the actual area available on site: _______________________


_______________________________________________________

10. If there is any deduction in the original area of the plot on account
of road lines or reservation (please state the total area of the
deductions)______________________________________

11. If the work is in connection with an industry—


(a) briefly describe the main and ancillary processes___________

(b) state the nature and quantum of industrial waste/effluents and


methods of disposal
__________________________________________________
___________________________________________________

12. If the plot abuts two or more streets, information for all streets should
be given
_______________________________________________________

13. How many parking spaces are proposed? ______________________


_______________________________________________________

14. Are parking spaces for transport vehicles provided? _________


___________________________________________________
50
15. Does any natural water course pass through the land under
development?
_______________________________________________________
_______________________________________________________

16. Is the plinth level proposed to be the level of the surrounding ground
level?
_______________________________________________________
_______________________________________________________

17. Declaration by the applicant:

I declare that the details stated above are true and correct to the best of
my knowledge and belief.

Authorised signature and seal of applicant

Name: _____________ Signature: ___________ Seal __________________

Dated this _________ day of ______________________, 20__________

Attach the following, where applicable—

(a) development permission from the Physical Planning Committee;


(b) a boundary opening report from a surveyor;
(c) a site plan;
(d) architectural drawings;
(e) services drawings showing locations of proposed and any
existing services;
(f) electrical and mechanical engineering drawings showing
proposed points of connection including lightning protection
systems;
(g) a site drainage plan;
(h) structural engineering drawings and design calculations for
both temporary and permanent works;
(i) proof of ownership of land in accordance with the Land Act,
including the certificate of title, power of attorney from the
registered proprietor or other satisfactory proof of ownership;
51
(j) a certificate of environmental impact assessment from the
National Environment Management Authority;
(k) building operations and works engineering construction
certificate from the Commissioner of Occupational Safety and
Health;
(l) a certificate of approval of electrical or mechanical engineering
drawings showing fire detection, protection and fighting by the
Police Fire Department;
(m) a certificate of approval of change of development by the
Physical Planning Committee;
(n) traffic impact assessment; and
(o) certificate of energy efficiency assessment from the Ministry
responsible for energy.

* Delete whichever is not applicable.

52
FORM 3
Regulation 23(5)
RECOMMENDATION TO THE BUILDING COMMITTEE

To: The Chairperson, Building Committee


___________________________
___________________________
___________________________

Approval Reference
Entity
Particulars of the submission*

Decision of Building Control


Officer
COMMENTS
Architectural Civil/Structural Electrical Mechanical

In accordance with the Building Control Regulations 2020, I confirm that the
building plans mentioned below have been scrutinised and comments made.

Dated this…………….day of………………………..20………

Sign ___________________________
Building Control Officer

* Indicate the Plot No., Block No., street/road, district, building classification,
building name, owner and address, estimated value of construction in Uganda
shillings, and approval fees submitted in Uganda shillings.

53
FORM 4

PART I
Regulation 24(1)

BUILDING PERMIT

To: The Applicant


___________________________
___________________________
___________________________

In accordance with the Building Control Regulations 2020, we confirm the


building plans mentioned below have been approved.

Plot No. _______________________ Block No.____________________

Street/Road_____________________ Location______________________

District______________________________________________________

Building permit No____________________________________________

Building classification: _________________________________________

Building name: _______________________________________________

Owner and address: ___________________________________________

Estimated value of construction in Ushs ____________________________

Approval fees paid in Ush __________________________________

Name of Architect: _____________________________________________

Registration No _______________________________________________

Name of Structural Engineer: ____________________________________

Registration No________________________________________________

54
Name of Electrical Engineer: ____________________________________

Registration No________________________________________________

Name of Mechanical Engineer: ___________________________________

Registration No_______________________________________________

Name of Builder: _____________________________________________

Name of Owner
Address:________________________________________________

Telephone ____________________________________________________

Signature______________________ Date __________________________

NOTE:
1. The passing of this plan operates as an approval for the purposes of
the requirements of the Building Control Act, 2013 and the Building
Control Regulations, 2020.
2. Where the proposals shown on the plan have not been commenced
within twelve (12) months of the date of this approval or are not
completed within thirty-six months from the date on which the building
operation was commenced, this approval shall be lapse and carrying
out of any work after such lapse will constitute a contravention of the
Building Control Act, 2013.

CONDITIONS OF APPROVAL

Dated this…………………….day of…………….20……………………

Signed ……………………………………..
Chairperson, Building Committee
55
PART II
Regulation 24(2)

NOTIFICATION TO BUILDING CONTROL OFFICER OF


DECISION OF BUILDING COMMITTEE

To: The Building Control Officer


___________________________
___________________________
___________________________

Approval Ref
Entity
Particulars of the
submission*
Date/ reference of Building
Committee meeting
BUILDING COMMITTEE
DECISION
COMMENTS NOTE: Comments ACTION
requiring alteration to a
plan must be acted upon;
a written response only
will not be accepted. This
comment sheet and the
plans to which it refers
must be returned and
attached to any subsequent
submission.

Dated this…………………..day of………………………..20…………

Signed …………………………………
Secretary, Building Committee
* Indicate the Plot No., Block No., street/road, district, building classification,
building name, owner and address, estimated value of construction in Uganda
shillings, and approval fees paid in Uganda shillings.
56
FORM 5
Regulation 24(4)

RECORD OF PROCEEDINGS OF BUILDING COMMITTEE

PART I- MINUTES OF BUILDING COMMITTEE MEETINGS

Name of local government/Entity: ……………………………………….

PART A: MEETING DETAILS

Date of Meeting
Meeting Reference No:

Attendance

PART B: SUMMARY OF SUBMISSIONS CONSIDERED AND BUILDING


COMMITTEE DECISIONS
Particulars Decision Conditions/
Agenda/ Approval Discussions/
of the (Approved/ Reasons for
Minute No reference No Notes
submission* Rejected) Decision

…………………………………………………
Chairman, Building Committee

…………………………………………………..
Secretary, Building Committee.

Dated this…………day of………………….20……..…

* Indicate the Plot No., Block No., street/road, district, building classification,
building name, owner and address, estimated value of construction in Uganda
shillings, and approval fees paid in Uganda shillings.

57
PART II-MONTHLY RECORD OF APPROVALS/REJECTIONS

Name of local government/Entity: ……………………………………….

Month of Reporting

Financial Year

PART A: Plans Approved or Rejected by the Building Committee

Date Date of Date of Plot and Floor Area Type of Estimated


Application Ref: Turn around Purpose Remarks Approval Fee
Submitted Meeting Approval Block No. (m) Development Value

58
PART B: Plans Amended and approved or Rejected by the Building Committee

Plot and
Date Date of Date of Floor Area Estimated
Application Ref: Turn around block Type of Dev’t Purpose Remarks Approval Fee
Submitted Meeting Approval (m) Value
No.
PART C: Occupation Permits Issued or Rejected by the Building Committee

Floor
Date Date of Date of Plot and Type of Estimated
Application Ref: Turn around Area Purpose Remarks Approved Fee
Submitted Meeting Approval Block No. Dev’t Values
(m)

59
Dated this……………………….day of…………………..20…………….

Signed …………………………………………………………………….

Chairman, Building Committee……………………………………………


……………………………….
Secretary, Building Committee
FORM 6
Regulation 27(3)

NOTICE OF COMMENCEMENT OF BUILDING OPERATIONS

To: The Building Control Officer/Building Committee



In accordance with the Building Control Regulations, 2020, I/we hereby
give notice of commencement of building operation of demolition*,
erection*, extension* of building or part thereof at-

Plot No. _______________________________________________


Block No. _______________________________________________
Street/ Road ______________________________________________
Location _______________________________________________
District ______________________________________________

In accordance with building permit No_____________________________


____________________________________________________________

(a) Name and address of the applicant ___________________________


_______________________________________________________
_______________________________________________________
(b) Name and address of Engineer on site ________________________
_______________________________________________________
_______________________________________________________

(c) Actual date of commencement and estimated date of completion


From: D____/M________/Y____ Until: D____/M_______/Y______

Dated: ______________________

_____________________
Name of Applicant
60
For Official Use Only.

Received/Approved____________________________________________

Dated this………………day of…………………………….20 ………

_______________________________________
Building Committee/Building Control Officer

*delete whichever is not applicable

61
FORM 7
Regulation 27(5)

NOTIFICATION OF REQUIREMENT FOR INSPECTION

To: The Building Committee/Building Control Officer

In accordance with the Building Control Regulations, 2020, I/we hereby give
notice of the requirement for a building inspection at-

Plot No. _______________ Block No. ___________ street/Road________


Location______________________ District________________________

In accordance with building permit No_____________________________


____________________________________________________________

(a) Name and address of the applicant ___________________________


_______________________________________________________
_______________________________________________________
(b) Name and address of engineer _____________________________
_____________________________________________________
_______________________________________________________
(c) Date inspection required-
Between: D____/M_______/Y_____ And: D____/M_______/Y____

Dated this………..day of……………………….20………………………

______________________________
Name of owner
For Official Use Only
Received by__________________________________________________
Date inspection is to be carried out: _______________________________
Dated this……….day of……………………………..20………….

………………………………………….
Building Committee/Building Control Officer

62
FORM 8
Regulation 27(7)

CERTIFICATE OF STABILITY OF STRUCTURE

To: The Building Committee

In accordance with the Building Control Regulations, 2020, I hereby certify


that the structural work of the building mentioned below is been carried out
as per the structural design and details and that the said structure is safe and
stable for the purpose for which is intended.

Plot No. _____________________Block No. ______________________

Street/Road___________________ Location________________________

District____________________________________________________

Building permit No. ___________________________________________

Building classification: __________________________________________

Building name: ________________________________________________

Date: __________________ ___________________________


Name and signature of Structural
Engineer

63
FORM 9

Regulation 34(3)

PART 1-APPLICATION FOR TEMPORARY OCCUPATION


PERMIT OR PARTIAL OCCUPATION PERMIT

To: The Building Committee

In accordance with the Building Control Act, 2013, I hereby apply for a
Temporary Occupation Permit*, Partial Occupation Permit for the building
mentioned below for the purposes or, purpose endorsed on plan mentioned
below.

I certify that a qualified Engineer called _______________has supervised the


erection and completion of the building and that to the best of my knowledge
and belief the work is in accordance with the building and structural plan and
that I accept full responsibility*.

Plot No. ____________________ L.R.No. ________________________


Street/Road__________________ Location_________________________
District_____________________________________________________
Building Permit No.___________________________________________
Building Classification: ________________________________________
Building Name: ______________________________________________
Reason for temporary occupation Permit___________________________
____________________________________________________________
I attach—
(a) certificate of fitness of the electrical installation issued by an
engineer
(b) certificate of fitness of the mechanical installation issued by an
engineer
(c) certificate of practical completion.

64
(d) fee for temporary occupation permit or partial permit

Kindly process the application and indicate when the building control officer
will inspect the site

Dated this ___________day of ____________________20­______

_____________________________ ___________________________
Signature of Applicant Name of Applicant

PART II

APPLICATION FOR FULL OCCUPATION PERMIT

Regulation 34(3)

To: The Building Committee

In accordance with the Building Control Act, 2013 and the Building Control
Regulations 2020, I hereby apply for an Occupation Permit for the building
mentioned below for the purposes or, purpose endorsed on plan mentioned
below:

I certify that a qualified engineer/architect called ……………… has


supervised the erection and completion of the building and that to the best of
my knowledge and belief the works are in accordance with the building and
structural plan and that I accept full responsibility accordingly.

Plot No. ______________________ L.R.No. _______________________

Street/Road____________________ Location________________________

District______________________________________________________

Approved Plan No. ___________________________________________


65
Building Classification: ________________________________________

Building Name: ______________________________________________

I attach—
(a) 2No sets of as-built drawings for the building layout;
(b) 2No sets of as-built electrical drawings;
(c) 2No sets of as-built mechanical engineering drawings;
(d) 2No sets of as-built structural engineering drawings;
(e) certificate of fitness of the electrical installation issued by an
engineer;
(f) certificate of fitness of the mechanical installation issued by an
engineer;
(g) certificate of practical completion;
(h) fee for full occupation permit.

Kindly process the application and indicate when the building inspectors
will inspect on site.

Dated this _____________day of _________________20­______

_____________________________ ____________________________
Name of Applicant Signature of Applicant

66
FORM 10
PART I
Regulation 34(5)
TEMPORARY OR PARTIAL OCCUPATION PERMIT

To: Owner of building


___________________________
___________________________
___________________________

In accordance with the Building Control Act, 2013, I confirm that the building
mentioned below may be occupied temporarily* OR part of the building*
mentioned below may be occupied for the purpose indicated below and for
the time period indicated below* -
Plot No. _______________Block No. _______________________________
Street/Road ______________Location_____________________________
District______________________________________________________
Building Permit/Approved plan No. _______________________________
Building classification: _________________________________________

Building name: ____________________________________________

Purpose of Temporary Occupation Permit*:-

Details of particular part to be occupied*:___________________________

Duration of Temporary Occupation Permit/Partial Occupation Permit*: ----


------------------------------------. (Maximum twenty-four months, in the case
of temporary or part occupation subject to renewal upon application to the
Building Committee).
Dated this………day of…………………………20…..

____________________________
Building Committee

*delete whichever is not applicable


67
PART II
Regulation 34(5)

FULL OCCUPATION PERMIT

To: The owner of building


___________________________
___________________________
___________________________

In accordance with the Building Control Regulations, 2020, we confirm the


building mentioned below may be occupied/made use of for the purpose
endorsed on the approved plan:

Plot No. ____________________ Block No. ________________________

Street/Road_________________ Location__________________________

District______________________________________________________

Building permit/Approved Plan No. _______________________________

Building Classification: ________________________________________

Building Name: _______________________________________________

Dated this ______________day of_______________, 20_______

Signed: ______________________________________________________
Chairperson, Building Committee

68
FORM 11—INSPECTION FORMS

Regulation 36(2)

FORM A-NOTICE OF INSPECTION

Ref no: ______________________________________________________


Date ________________________________________________________
The owner
____________________________________________________________
___________________________________________________________
____________________________________________________________
Building name ______________________________________________
Plot and Block No. ____________________________________________
Street/road ___________________________________________________
Town________________________________________________________

District ______________________________________________________
Note
Under the Building Control Act, 2013, it is mandatory of building to be
inspected at regular intervals by Building Control Officer to detect any
deterioration or defects in the buildings and the surrounding areas.

Take notice that the Building Control Officer shall proceed to


inspect the above described building on the ____________day
of____________20____

Dated this ______ day of ____________________20__________

Signed: ________________________________________
Building Committee/Building Control Officer

69
FORM B—VISUAL INSPECTION CERTIFICATE

Building name ________________________________________________

Plot and Block No. ___________ Street/road_______________________

Town ____________________District_____________________________

1. As required under the Building Control Act, 2013, the Building Control
Regulations, 2020 and the Code, I, _______________________
(Building Control Officer) have carried out a visual inspection of
the above building and the surrounding areas from ____________to
__________________(date)

2. I hereby certify that:


(a) no sign of defects of structural significance were observed*.
(b) defects requiring monitoring but not structural investigation
and remedial action (if any) were visible to me in the building
during my inspection*.
(c) signs of possible defects of structural significance are detected
in the building during my inspection. A full and immediate
investigation to ascertain their effects on the structure is
necessary*.
(d) the defects are serious and immediate action to prevent danger
is necessary*.

Dated this __________day of____________________20________

Signed: _______________________
Building Control Officer

* delete whichever is not applicable

70
FORM C—COMPLETION OF REMEDIAL WORK
CERTIFICATION

Building name _______________________________________________

Plot and block No.: ___________________________________________

Street/road: ___________________________________________________

Town: _______________________________________________________

District : ____________________________________________________

1. I_____________________________________________ (Building
Control Officer) have inspected work carried out on the above building
and surrounding areas as set out in the attached report.

2. I hereby certify that defects as identified in the report dated


_____________________ have been fully and satisfactory remedied
at the date of my inspection on__________________

Dated this _______________day of____________________20_______

Signed_____________________________
Building Control Officer

71
SCHEDULE 4

Regulations 5(6),10(6),20(2)(d),
21 (2)(j), 22(2)(g),38

FEES IN CONSIDERATION OF SCRUTINY OF PLANS, PERMITS


ETC. AND INSPECTION OF BUILDINGS

1. The fees in consideration of the scrutiny of plans, permits and inspection


shall be published from time to time by notice in the Gazette.

2. New buildings.
Fees for the consideration of plans submitted for approval in respect of
new buildings shall be calculated on the basis of the gross area of the
proposed development using a per square meter rate.

3. Temporary buildings.
In respect of plans of a building submitted for approval on a temporary
year to year basis and tentative sketch plans submitted for approval
in principle, fifty percent (50%) of the rate applicable in paragraph 2
shall be payable.

4. Sheds with open sides


For plans submitted for approval of a shed type of building having all
its sides open, fifty percent (50%) of the rate applicable in paragraph
2 shall be payable.

5. Open basements
For plans submitted for approval of a basement exceeding 2.5 metres
in height which are open on all sides (except where retaining walls
occur) fifty percent (50%) of the rate applicable in paragraph 2 shall
be payable.

6. Buildings of warehouse class


For every building of a warehouse or go down class of which no part
is intended for habitation (other than provision for a watchman) and
which is not constructed in reinforced concrete or structural steel, fifty
percent (50%) of the rate applicable in paragraph 2 shall be payable.

72
7. Alterations to existing buildings
(a) For plans submitted for approval of alterations to existing
buildings, one hundred and twenty five percent (125%) of the
rate applicable in paragraph 2 shall be payable.

(b) Where the alterations to an existing building are generally


spread over the whole area of the building, then the fee payable
shall be computed on the whole area of the building, but if a
clear subdivision of the building is not affected by the alteration
scheme, such unaffected subdivision shall be excluded from the
area on which the fee shall be computed.

(c) Where a storey of any existing building is not affected by


alteration to the building, such storey shall be excluded from
the areas on which the fee payable for the alterations shall be
computed.

(d) Where alterations to an existing building involve an alteration


to the frontage line or elevation to a street (where such elevation
abuts a street) one hundred and fifty percent (150%) of the rate
applicable in paragraph 2 shall be payable.

(e)  Where the alterations to an existing building involve only


subdivision - of rooms into smaller rooms, the fees payable on
submission of plans for such alterations shall be twenty five
percent (25%) of the rate applicable in paragraph 2 shall be
payable.

8. Wharves, bridges etc.


For plans submitted for approval of wharves, bridges, or other special
buildings, four hundred percent (400%) of the rate applicable in
paragraph 2 shall be payable.

9. Retaining walls
For plans submitted for approval of a retaining wall, the fee payable
shall be twenty five percent (25%) of the rate applicable in paragraph
2 shall be payable.

73
10. Series or rows of buildings
For a series or rows of buildings of the same plan and materials
when plans are submitted for approval at the same time, fees shall be
calculated as follows—
(a) first building .................................... full fees as in paragraph 2
(b) 2nd to 5th building (inclusive) ......... 90% of fees
(c) 6th to 10th building ......................... 85% of fees
(d) 11th to 25th building ....................... 75% of fees
(e) 26th and above building ................. 60% of fees

11. Amendment plan to an approved plan


(a) Where an amendment plan to an approved plan is submitted for
approval, a composite fee shall be determined by the Building
Committee and shall be payable.
(b) Where an amendment to an approved plan involves an additional
area, then such additional area shall be charged on the basis set
out in paragraph 2 shall be payable.
(c)   Where the amendments to an approved plan are in the opinion of
the Building Committee substantial, a fee equal to fifty percent
(50%) of the fee chargeable under paragraph 2 in respect of the
approved plan, shall be payable in addition to any fees payable
under subparagraphs (a) and (b) of this paragraph.

12. Inspection of plans


(a) An approved plan may be inspected in the office of the Building
Committee subject to the payment of a prescribed fee.

(b) An approved plan may be copied in the office of the Building


Committee subject to the applicant submitting with his or her
application to copy such plan with the written consent of the
owner of the building.

(c) The fees shall be payable for the following-


(i) for inspecting an approved plan;
(ii) for photocopying an approved plan; and
(iii) an endorsement by the Building Committee to certify any
copy as a true copy.
74
(d) The fees in this paragraph shall be prescribed by Minister from
time to time by Notice in the Gazzette.

13. Permits for minor building works


Fees payable for minor erections, alterations and additions are at the
rate applicable under paragraph 2.

14.  Temporary occupation permits


Fee for issue of a temporary certificate of fitness for occupation
under these Regulations shall be charged at the rate of 10% of the fee
prescribed in paragraph 2.

15. Refund of plan fees


Fifty percent (50%) of the fees paid on submission of plans shall be
refunded on application where a plan is withdrawn before decision
is made by the Building Committee within six (6) months of the
submission date.

16. Additional copy of notice or permit


A fee will be charged for each additional copy of any notice, certificate
or permit as prescribed by the Minister by Notice in the Gazette.

17. Structural plans for plans submitted for approval of structural plans,
twenty five percent (25%) of the rate applicable in paragraph 2 shall
be payable.

18. Building services plans, for plans submitted for approval of building
services plans, twenty five percent (25%) of the rate applicable in
paragraph 2 shall be payable.

19. Landscape plans for plans submitted for approval of landscape plans,
ten percent (10%) of the rate applicable in paragraph 2 shall be payable.

20. Renewal of plans for plans submitted for approval of renewal of plans,
twenty five percent (25%) of the rate applicable in paragraph shall be
payable.

75
Cross References

Architects Registration Act, Cap. 269


Engineers Registration Act, Cap. 271
Land Act, Cap. 227
Physical Planning Act, 2010; Act No. 10 of 2010
Surveyors Registration Act, Cap. 275
Workers Compensation Act, 2006

HON. MONICA AZUBA NTEGE,


Minister of Works and Transport.

76

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