QUESTION:

What approvals are required while developing a housing project, undertaking renovation, or carrying out a real estate project in Kenya?

ANSWER:

The approval requirement for a project depend on the scope of the works, the type of the property being undertaken, and the project location in relation to proximity to physical features like water bodies, as well as infrastructure features like airports. Below are approval requirements for various scope and type of projects:

i) Simple Renovations and Repair Works: Simple renovations and repair works that do not require knocking down of walls or erecting new ones just require a simple permit from the County Planning Department. These works include general repair works, painting, roof repair, repair of floor finishes, and any other works that does not involve new structural works on an existing building.

ii) Single Residential House development: Approvals required for this type of development include:

• Architectural drawings approvals, at the County or Sub-County Planning Department.
• Structural drawings approvals, at the County or Sub-County Planning Department.
• Occupation Certificate, at the County or Sub-County Planning Department, after project completion.

iii) Commercial real estate projects and other major development projects: These type of developments  require the following approvals, in addition to Architectural and Structural drawings approvals mentioned in item “ii” above:

• NEMA approval, at the local National Environmental Management Authority, after Environmental Impact Assessment.
• Change of User of the land property, to the proposed use of the proposed property, at the local county planning department, if the conditions of ownership documents or title deed are not already in the proposed use of the property.
• Registration of the Project with the National Construction Authority (NCA), before commencement of the construction.
• High rise building projects near major airports infrastructure may require approval from Kenya Civil Aviation Authority (KCAA).
• Projects that are near water catchment areas, or likely to have an impact on the water catchment also require approval from Water Resources and Management Authority (WARMA).
• During Construction, the Contractor may also require other licenses from the Local County Planning Department, such as Hoarding License when erecting hoarding around a construction site, as well as other Health and Safety Licenses procured by the Contractor that is involved in the building works.

WRITER OF THE ARTICLE:

This Article is written by Buildafrique Consulting Group, Kenya multi-disciplinary consultancy, that offers END-TO-END DEVELOPMENT CONSULTANCY, REAL ESTATE, and PROJECT FINANCE solutions through specialized subsidiaries. Among our solutions includes:

1. Feasibility Studies and Market Research.
2. Project Finance and Capital Raising.
3. Project Management.
4. Investment Design Appraisal.
5. Quantity Surveying.
6. Construction Cost Consultancy.
7. Physical Planning and Planning Permissions.
8. Environmental Management and Impact Assessment
9. Real Estate Development and Structured Investment Solutions
10. Property Valuation
11. Marketing and Property Sales Agency
12. Property Management and Facility Management

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