An Executive Summary of the Kenya National Building Code, 2024

The Kenya National Building Code, 2024, (“the Code”) is the primary subsidiary legislation under the National Construction Authority Act governing construction practices, standards and requirements in Kenya.

The Code is very detailed is a major improvement of the previous Code, to provide for standards for observance by the construction industry players and curb the increasing disasters.

We provide below an executive summary of the key features of the Code:

 

Commencement Date

The Code will commence on 1st March 2025.

 

Purpose and Scope

The Code aims to promote order and safety in construction sites and the health and safety of people involved in construction works in compliance with modern principles. This is set to reduce the increasing number of occupational risks at construction sites and completed buildings.

The scope of the Code is to set standards for processes, procedures, qualifications, disaster management and safety and security in operations of the construction industry.

The Code is, however, not applicable to construction and maintenance of a single storey residential building occupied by the owner and constructed by local available materials.

 

Compliance with Applicable Laws

The Code is binding on all persons who engage or intend to engage in construction works by obtaining a development permission, the environmental impact assessment license, a compliance certificate and all other requisite approvals.

Preparation of designs, supervision and inspection works are to be undertaken by specialised licensed professionals.

 

Duties of the Owner of a Building

1. Ensure that the building is siting on a non-restricted area
2. Provide access to the construction site/building
3. Ensure proper drainage during construction
4. Maintain the frontage of the building according to the required standards
5. Provide a service area
6. Provide a means of enclosure of the building, e.g., boundary wall, screen wall fence, vegetative fence etc.
7. Residential buildings should have an open space at the rear or side of the building and shall have an open space at the front measuring at least 6 m wide and extending the whole of the width of the building.
8. Doors, windows and gates shall not open to the side of the road.
9. Timberyards must be enclosed with incombustible materials.
10. All commercial buildings must have the minimum prescribed number of packing spaces as set out in Table 2 of the First Schedule.
11. All construction sites must be protected by a boundary to protect the public from the activities of the construction site.
12. Ensure that building materials used in the construction are of the required standard and properly mixed.
13. Ensure that structural design requirements are met to ensure resistance, serviceability, durability and reliability.
14. Ensure compliance with the standards for windows, doors, walls, floors and all parts of the building, among others.

compliance certificate and all other requisite approvals.

Preparation of designs, supervision and inspection works are to be undertaken by specialised licensed professionals.

 

Focus on Environmental Sustainability

The Code encourages energy efficiency, thermal comfort, sustainable designs, and renewable energy use. It also introduces mechanisms to mitigate urban heat islands and improve indoor air quality.

It also provides detailed guidance on the disposal of solid and liquid waste, stormwater drainage, and septic systems

 

Inspection and Maintenance

The Code calls for periodic building inspections and maintenance to ensure longevity, adherence to standards, mitigation and avoidance of risks and losses associated with failure to attain compliance standards.

 

Disaster Risk Management

It establishes protocols for safe demolition and risk management on construction sites. The Code provides a detailed outline on fire resistance standards, firefighting equipment requirements, and evacuation procedures.

 

Standards for Providing Facilities for People with Disabilities

The Code provides for standards that should be met to ensure that people living with disabilities are catered for. This includes the provisions for lifts, handrail, water closet cubicle, among others.

This article provides a general summary of the National Building Code, 2024. For specific legal guidance, please consult B M Musau & Co., Advocates LLP.

At B M Musau & Co., Advocates LLP, we strive to keep our clients abreast up to date with the changing legal landscape for them to make the right decisions for their business.