This archive report was first published on 11 July 2019.
As of August 2016, the Nairobi City County government has been implementing a process to regularise all unapproved buildings in the county, in line with the Nairobi City County Regularisation of Developments Act (No. 3) of 2015 and other relevant laws.
Landlords have been hesitant to participate in the process, viewing it as an opportunity for the government to tax their properties. However, the county government has been engaging with property owners at the ward level to educate them on the benefits of regularising their buildings.
Ward administrator Winfred Aluoch explains that the regularisation process involves legally approving buildings whose construction plans were not originally permitted, including those that do not conform to approved plans.
"The exercise seeks to enable existing developments to be implemented without requisite approvals, and to secure such approvals," Ms Aluoch says.
For a building to be regularised, the developer must meet planning regulations, produce a title deed or share certificate, a survey plan, a report from the engineer and architect involved in the project, photos of the building, and practising certificates of both the engineer and architect.
Regularisation of buildings has multiple benefits for property owners, including certification of the building as safe for occupation, shifting liability to the county government, and protection against demolition.
Agencies like Kenyasoko, a property management company, are working with ward representatives to facilitate the regularisation process, linking landlords with registered structural engineers and architects who can draw and approve the building plan in its current state.
"Once a building has been regularised, it has the necessary paperwork to be used as collateral for a bank loan, and the property can be sold after this process," Ms Aluoch adds.
Developers are required to pay for the cost of the architect and engineer, as well as a fine of Sh50,000 for building without approval. The cost of regularisation is minimal compared to the cost of having a building demolished.
Nairobi Governor Mike Sonko has ordered an audit of all unregularised buildings in the county, warning that failure to regularise buildings may result in costly penalties, including demolition, disconnection of water and other services, and eviction of occupants.
