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Laws and Regulations for Kenya Real Estate Developers

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Nyakundi Report

Newsroom 2 min read

This archive report was first published on 2 October 2019.

Published on October 2, 2019, real estate development in Kenya comes with its fair share of risks. However, managing these risks effectively can make all the difference.

According to Cytonn, a leading real estate expert, conducting due diligence is the first rule before getting into any real estate venture. For developers, knowing the laws and regulations that govern construction is a crucial part of this process.

The National Construction Authority (NCA) Act

The National Construction Authority (NCA) Act is one of the most important regulations that developers should familiarize themselves with. The NCA is responsible for overseeing the construction industry in Kenya and coordinating its development.

The Act outlines the scope of the authority, including the stipulations that developers must adhere to. Understanding these stipulations is essential to ensure compliance and avoid construction issues.

The Kenyan Building Code

The Kenyan Building Code provides comprehensive guidelines on how construction should take place. It outlines the minimum requirements for buildings, including the need for lifts in structures above four floors.

The code also covers general rules on fire resistance, protection of floors against moisture penetration, and other essential aspects of building construction.

The Planning Act

The Planning Act lays down zoning regulations that help developers determine the type of development they can undertake. These regulations cover issues such as ground coverage, floor heights, and setbacks.

Developers must pay attention to these regulations to ensure that their projects comply with the zoning requirements.

The Water Act

The Water Act, under the Water Resources Authority, provides regulations and guidelines on the management and use of water resources. This is essential for developers to ensure that their projects do not cause environmental hazards.

Other regulations that developers should be aware of include the Environmental Management and Coordination Act, the Kenya Urban Roads Authority (KURA), and the Ministry of Transport; Infrastructure, Housing, Urban Development and Public Works.

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