New building code takes effect, ushering in major reforms

Kenya's construction industry is set to undergo a major change as new building codes and regulations enacted last year take effect this month.

The new National Building Code 2024 will get the force of law and be rolled out in March. It aims to enhance the standards of construction, ensuring safety, sustainability and efficiency in building practices.

Published as Legal Notice No. 47 on February 20, 2024 under the National Construction Authority Act, the regulation replaces the antiquated Local Government (Adoptive ByLaws) (Building) Order of 1968.

The new regulation will now require contractors to improve safety measures for workers, ensure proper kitting with protective gears and sealing off to ensure safety.

The review of the code is in response to safety concerns that have persisted in many construction sites, including collapse of buildings and malfunctioning of machines that have cost workers’ lives.

There also have been questions about welfare of workers and proper oversight of the construction processes.

Other safety incidents in construction sites include falls from heights, moving objects that kill passers-by, slips, trips, noise exposure and issues related to material handling and equipment.

This has seen frequent raids by the National Construction Authority agents to enforce the now defunct code. For example, section nine of the code requires that owners of a structure to construct a modest access road to the facility linking it to the main road.

“An owner shall construct at least one access of the construction site to a road. Access to construction site,” it reads.

“Where access to a construction site requires the crossing of an open space, a culvert constructed in accordance with KS 548 (Specification for precast concrete pipes and fittings for drainage, sewerage and culverts) shall be provided for the full width of the entrance or for a length of 4 (metres)), whichever is the greater.

“An owner may construct a temporary culvert for the period of the construction of a building for purposes of the flow of the drain. An owner shall ensure that every access road allows for an accelerating and decelerating lane at the junction of the access road with another road.”

Further, the code also require that the sites comply with physical planning regulations, make construction sites accessible and ensure there is space around buildings.

The space provided for in the code is to be adequate for children playing and also for safety assemblies in case of emergencies.