If you are at this step, let me first of all congratulate you for the milestones. And how far you have come. The thought of construction clearly alludes to a certain level of sacrifice that you have.
Construction in Kenya is subject to regulations from the government. And while many view these regulations as bad thing, they are there to protect us.
Regulations & approvals are specified guidelines and laws that are set by the government. They are done to ensure that developers adhere to standards that protect buyers, occupants & the general public from exploitation.
Now that we are well versed with the need and definition of construction approvals, what are the different types of approvals that you may need before commencing construction.
1. CHANGE OF USE
The change of use is a document that is taken so as to change the use of a given section of land. It majorly handles zoning regulations. Zoning simply indicates the uses/purposes of a piece of land. This may include uses such as residential, industrial or agricultural.
Different zoning requirements could limit how you use your property. This includes things like how high you can build or what type of structure you can erect. In many cases, what you want to do with the land may not reflect what it has been zoned for.
That is why you need to get a change of use approval for your land. The document to get is referred to as Planning Permission Approval Form 2 (PPA2). Which is needed before you begin development.
This must come before even the planning to ensure that the next steps are smooth. The charges vary depending on your county, but in Nairobi undertaking such an activity will cost you about Ksh. 121,000.
NB: It is not needed if what you want to do with the land fits what it has been zoned for.
2. COUNTY APPROVALS
Assuming that you did not require taking a change of use, then County approvals would be your first step.
County approvals basically are the drawings that you take to your County offices for them to ensure your building meets the codes and set standards.
They are mainly two documents that you take to the County for this;
- Architectural Drawings
The architectural drawings are normally done by the Architects and represent the general layouts and look of your development. If it is a residential house the drawings will include the floor plans, layouts, dimensions and renders of the same.
This is how the structure in this case your house will look. In most counties architectural drawings will come before the engineering drawings.
For this step ensure you get a Licensed architect to do the drawings for you.
- Engineering drawings
Next on you have to submit the engineer’s drawings. This include the structural designs, Mechanical and Electrical engineers plans. Make sure you get a professional engineer to do your drawings before they are submitted.
The drawings will be taken to the County planning office where a technical review committee audits them to ensure code and county compliance.
Assuming they are fit for use then we proceed to the next step.
3. NEEMA APPROVALS
NEEMA Approvals come next following the architectural and engineering drawings in most cases.
The reason why I say most cases is because if you are planning to develop a high density development. That means a project with many occupants such as a gated community. Then NEEMA approvals should proceed the process.
NEEMA approvals are done to ensure that your project is in harmony with the environment. And does not harm the surroundings in any way.
These approvals are done by a LEAD Expert who is licensed to undertake this exercise. Charges will vary depending on the professional you find.
4. NCA LICENSES
Assuming that you have already tendered and gotten a contractor for your project, the next step is to get the NCA Licenses. The NCA is the authority that regulates contractors to ensure fair-play and eliminate any cases of contract breaches.
For this step you need to ensure that your contractor is registered with NCA and that their registration covers the scope of the project you are contracting.
NCA has various divisions/levels. Here contractors are classified into 8 /levels, from NCA 1 (the highest) to NCA 8 (the entry-level), based on the size and value of projects they’re qualified to handle.
Below is a table showing this:
| Category | Description | Maximum Contract Value (KES) |
| NCA 1 | Top-tier contractors — can undertake projects of any size. | Unlimited |
| NCA 2 | Large projects, but slightly below NCA 1. | Up to 1 Billion+ |
| NCA 3 | Major works, medium-to-large size projects. | Up to 500 Million |
| NCA 4 | Medium-sized projects. | Up to 300 Million |
| NCA 5 | Mid-range projects. | Up to 200 Million |
| NCA 6 | Small-to-medium projects. | Up to 100 Million |
| NCA 7 | Small projects. | Up to 50 Million |
| NCA 8 | Entry-level contractors — typically for minor works and small developments. | Up to 20 Million |
You just need to check the value of your project and what category contractor qualifies for it. If you are doing a development worth 200 Million. You can’t use an NCA 7 contractor.
5. OTHER APPROVALS
There are other approvals that you may need depending with your specific project. That is why I have decided to place them under other approvals. Meaning not everyone may have to get them.
Based on where you are building, there may be some additional approvals that are required
- WARMA
This is the Water Resources Management Authority. A government body that is in charge of managing and developing water resources in the country.
If you are developing near a water body, then you must have a WARMA permit. The cost of this permit varies between ksh. 40,000 – ksh. 80,000. Depending on the assessment needed.
If you are a developer near a water catchment area, I highly suggest getting this permit. It not only ticks your compliance box but also gives your tenants or buyers more confidence in the project.
- Kenya Civil Aviation Authority
This approval is only needed when building near an airport or airstrip. The KCAA will have to check the height of your structures and if they pose any danger to the flight paths. Or if they are in obstruction in any way.
A slight disclaimer is that the order differs from county to county and so this may not be the case for your area, however, the differences are very small and require just a bit of research.
