This archive report was first published on 11 July 2019.
As of August 2016, the Nairobi City County government has been working to regularize all unapproved buildings in the county, a process that is in line with the provisions of the Nairobi City County Regularisation of Developments Act, (No. 3) of 2015, and the National Physical Planning Act, CAP 286.
However, city landlords have been slow to comply with the process, viewing it as a way to open up their businesses to the taxman. To address this, the Nairobi government has been holding meetings with landlords to sensitize them on the importance of having their building plans approved.
Ward administrator for Upper Savannah, Ms Winfred Aluoch, has been engaging property owners at the ward level to encourage them to own the process. She notes that the exercise is picking up, but there is still a long way to go.
The Regularisation Bill is a policy document that seeks to legally approve buildings whose construction plans were not originally permitted. This includes buildings that do not conform to approved plans, such as those where the plans only approved four floors but the developer has built more floors or any other irregularity.
Ms Aluoch explains that the exercise seeks to enable existing developments to be implemented without requisite approvals, and to secure such approvals. However, to qualify for regularisation, the development must meet planning regulations and must be structurally sound.
Property owners who have regularised their buildings have reported multiple benefits, including having their buildings certified as safe for occupation and the liability shifting to Nairobi City County. They also do not run the risk of the building being demolished.
Agencies such as Kenyasoko, a property management company, are working with ward representatives in Nairobi to ensure that the process runs smoothly. Kenyasoko is linking landlords with structural engineers and architects who are registered and who are privy to the regularisation process.
Mr Victor Mungai, a director at Kenyasoko, notes that the firm is advancing property owners a loan secured with their rental income so that they can foot the charges required in the regularisation exercise. The firm is also co-signing for property owners as bank loan guarantors.
The cost of regularisation is calculated based on the actual size of the house in square metres, multiplied by 0.05, then again multiplied by 24000. A Sh50,000 fine for building without approval is added to the amount. Developers are also required to pay for the cost of the architect and engineer.
Agents like Kenyasoko negotiate for group deals, making regularisation an affordable communal activity where property owners also benefit from having the right professionals who also understand the regularisation process.
Nairobi Governor Mike Sonko has already ordered an audit of all unregularised buildings in the county, warning that failure to regularise buildings may result in demolition, disconnection of water and other services, and eviction of occupants.
