Unpacking the New Building Code 2024: Transforming Construction Sector in Kenya

By Ekaale Ekuam

In what is poised to be a major overhaul of the construction landscape in Kenya, the National Construction Authority is leading in the implementation process of the National Building Code 2024. The Landmark Code, operating under the National Construction Act, 2011, was gazetted in March 2024 and launched on 17th July 2024 and is expected to become effective in March 2025, a year after its publication.

A recent forum on public participation organized by the Kenya Alliance of Resident Associations which i attended, in collaboration with Hanss Seidel Foundation, brought together stakeholders from the construction industry to discuss the ramifications of the new code. At the top of this national conversation is the NCA. In line with this, the corporation has been engaging with all stakeholders in the industry to ensure its implementation is smooth and effective.

What's New?

The National Building Code 2024 is full of modernized regulations that will ensure order and safety in construction works, with focus unwavering on the health and safety of persons involved in or around construction sites. This, therefore, is a far cry from the previous building code, which was rigid and often outdated, unable to keep pace with the rapidly changing construction industry in Kenya.

The new code is based on performance-based specifications for flexibility in design, materials, and construction techniques. This new approach is functional and performance-based so that buildings are basically safe, durable, and efficient.

One of the salient features of the 2024 code is that it has undisputed national scope, uniformly applied on all human settlements with no discrimination at all. It contains a more streamlined structure, with its clauses now separated into sections coded from A to T and available for purchase based on the user's needs. This thus presents access for stakeholders to specific guidelines relevant for their roles, enhancing efficiency and compliance.

A Look Back: The Old vs. The New

To appreciate the magnitude of the 2024 code, one needs to understand the limitations of its predecessor. The previous code, based on rigid, material-oriented building specifications, was notoriously difficult to revise and often very ambiguous in its guidelines. Its two sets of Building By-laws were Grade I and Grade II. The former were the ones having more stringent guidelines, and the latter tackled special areas so identified by the local authorities.

The penalties for non-compliance under the old code were also very minimal, where fines ranged as low as Kshs. 2,000 or even six months of imprisonment,  Under the new code, violators will be subjected to hefty penalties starting at Kshs. 2 million or six months of imprisonment, considering that the government is developing a strict enforcement mechanism to ensure safety and quality within the construction sector.

Roles and Responsibilities

Successful implementation of the National Building Code 2024 will require instrumental contributions from various stakeholders. From approving and regulatory authorities, the County Government and NEMA to professionals like architects, engineers, and surveyors, all have a clearly spelt-out role.

The stakeholder session penalized the issue of certified professionals overseeing design and supervision of construction works. The code confirms that only a professional who is registered in the fields of architecture, engineering, or surveying can undertake such tasks. It aims to ensure that all construction projects attain the highest standards of safety and quality.

It also recognizes construction workers, plant operators, and service providers who are equally important in the process. These persons and organizations will be required to maintain rigorous adherence to safety standards and ensure that their activities conform to the new requirements.

A Future of Continuous Improvement

Probably the most promising aspect of this 2024 code is the mechanism of continuous revision. Unlike the old code, with out-of-date guiding principles, the new regulations will be reviewed every five years to ensure their relevance amidst increased technological progress and changing society.

It also adds "deemed to satisfy" solutions, which are practical examples of materials and construction techniques that illustrate how to meet the standards prescribed by the code. The solutions will be updated regularly to address new trends and innovations within the construction industry.

The National Building Code 2024 is a bold move towards the modernization of Kenya's construction sector. The new code seeks to introduce a culture of safety, efficiency, and continuous improvement for the betterment of the industry. As the NCA continues to engage in public participation, there comes the realization that every player professional, developer, or occupant ought to get familiar with the new regulations and embrace the changes that lie ahead.

Be informed, be compliant, and together, let us build a safer and more prosperous Kenya.

 

A Freelance Writer, Entrepreneurship and Innovation Management Consultant.

The details on the National Building Code 2024 are at the disposal of every individual in the website belonging to the National Construction Authority or variously by attending any upcoming stakeholder forum.