Building collapses and structural failures have become a growing concern across Kenya, particularly in rapidly urbanizing areas like Nairobi, Mombasa, and Kisumu. An audit by the National Building Inspectorate in 2018 revealed that among 14,895 sampled buildings, nearly 5% were very dangerous, while over 72% were classified as unsafe. Understanding how buildings are inspected for safety and what to do if your property is deemed unsafe is crucial for every property owner, tenant, and developer in Kenya.
Understanding Kenya's Building Safety Framework
The National Buildings Inspectorate (NBI)
The National Buildings Inspectorate operates under presidential executive order to inspect and audit buildings, assess building safety and quality, and recommend legal actions including removal of dangerous structures when necessary. The NBI works alongside the Multi-Sectoral Agencies Consultative Committee for Unsafe Buildings (MSACC), which brings together various state agencies, county governments, regulatory bodies, and stakeholders in the construction sector.
The Kenya National Building Code 2024
The construction industry underwent a major transformation with the implementation of the Kenya National Building Code 2024 on March 1, 2025. This new code replaced the outdated 1968 regulations and introduced performance-based standards rather than prescriptive material requirements, making it flexible for modern construction practices.
A significant change under the new regulations is the requirement for periodic building inspections every five years for all occupied buildings. This marks a shift from reactive inspections after incidents to proactive safety monitoring.
The Building Inspection Process in Kenya
1. Initial Construction Stage Inspections
Building inspections in Kenya begin during the construction phase, not after completion. Here's how the process works:
Plan Approval Stage: Before any construction begins, developers must obtain approval from their county government's planning department. Architectural and structural drawings must be submitted by professionals registered with the Board of Registration of Architects and Quantity Surveyors (BORAQS) and the Engineers Regulatory Board (ERB).
During Construction: If your project is in Nairobi, for example, you need to apply for site inspection after every critical milestone during construction. These critical milestones typically include:
- Foundation laying
- Ground floor slab completion
- Each floor level completion
- Roofing stage
- Completion of finishes
County building inspectors conduct regular site visits to verify compliance with approved plans. It's mandatory to keep stamped approved plans on-site for inspection purposes.
Final Inspection: Upon completion of construction, a final inspection is conducted by county inspectors to ensure the building aligns with approved plans and is safe for occupancy. Only after passing this inspection will an occupancy certificate be issued.
2. Post-Occupancy Safety Inspections
Once a building is occupied, it becomes subject to periodic safety inspections:
Routine Periodic Inspections: Under the National Building Code 2024, buildings with more than three floors must undergo safety inspections every five years by certified professionals. Heavy penalties apply for non-compliance with these periodic inspection requirements.
Triggered Inspections: The National Buildings Inspectorate may also conduct inspections based on:
- Public complaints about a building's safety
- Visible signs of structural distress (cracks, tilting, subsidence)
- Following natural disasters or extreme weather events
- Random audits as part of nationwide building safety campaigns
3. What Inspectors Look For
Building safety inspections assess structural integrity through testing and quality assurance measures. Inspectors examine:
Structural Elements:
- Foundation stability and settlement
- Column and beam condition
- Load-bearing wall integrity
- Slab deflection and cracking patterns
- Overall structural alignment
Safety Systems:
- Fire safety equipment and evacuation routes
- Emergency exits and staircase adequacy
- Electrical installations and wiring
- Plumbing and drainage systems
- Ventilation and sanitation facilities
Construction Quality:
- Quality of construction materials used
- Workmanship standards
- Compliance with approved plans
- Proper spacing and dimensions
- Adherence to the National Building Code
When auditing building safety, experts can often identify unsafe conditions from visual inspection, looking for evidence such as foundation settlement causing uneven floors, cracks indicating structural distress, or tilting walls.
Building Safety Classifications
Following an inspection, buildings are typically classified into four categories:
- Safe: Building meets all safety standards and poses no risk to occupants
- Fair Condition: Minor issues that require monitoring but don't pose immediate danger
- Unsafe: Building has defects that could lead to structural failure if not addressed
- Very Dangerous: Building poses imminent risk and requires immediate evacuation
Out of 19,605 buildings inspected across 26 counties by the National Building Inspectorate, 919 were found to be unsafe for occupation, representing approximately 5% of inspected structures.
What Happens If Your Building Is Deemed Unsafe
Understanding the Notice Process
If inspectors determine your building is unsafe, a formal legal process follows:
Step 1: Inspection Report Inspectors prepare a detailed report documenting all safety concerns, structural defects, and recommended actions.
Step 2: Official Notice Where a building appears to be in a ruinous, dangerous or dilapidated condition, the planning authority may serve the owner a written notice requiring them within a specified time to shore up, secure, repair, renew or make safe the building, or to remove it.
The notice will specify:
- Detailed findings from the inspection
- Classification of the building (unsafe or dangerous)
- Required remedial actions
- Timeline for compliance
- Consequences of non-compliance
Step 3: Evacuation Orders Once a building is found dangerous, authorities alert the police and the National Disaster Management Unit to have occupants removed. For dangerous buildings, evacuation is immediate to protect lives.
Your Rights and Obligations as a Property Owner
Right to Be Heard: While the government has a duty to fully compensate property owners whose investments are damaged, owners must prove they are rightful owners of the properties. Property owners can challenge inspection findings through proper legal channels.
Right to Remediate: If a building is declared unsafe, it can be rehabilitated if remedial measures are undertaken, and if defects are addressed, it can be restored to safe condition. Owners are typically given the first opportunity to undertake repairs.
Obligation to Comply: Building owners are issued notice of intended evacuation and demolition and given first option to demolish and salvage useful materials. Failure to comply results in forced demolition by County Government working with NBI, assisted by the National Youth Service.
Options When Your Building Is Declared Unsafe
Option 1: Undertake Repairs and Restoration
If your building is classified as "unsafe" but not "dangerous," you may be allowed to:
Hire Qualified Professionals: Engage a structural engineer registered with ERB to assess the building and prepare a structural report with recommended repairs.
Submit Remediation Plan: Present a detailed plan to the county government showing:
- Structural assessment report
- Proposed repair methodology
- Timeline for completion
- Budget and contractor details
- Proof of contractor's NCA registration
Execute Repairs: Carry out repairs under supervision of qualified professionals, with regular inspection by county authorities.
Request Re-inspection: Once repairs are complete, apply for re-inspection to obtain clearance for continued occupation.
Option 2: Voluntary Demolition
Owners of buildings found defective are required to demolish them, and where they fail to comply, government steps in and carries out demolition at the owner's cost.
If structural problems are beyond economic repair:
- You can voluntarily demolish and salvage materials
- Hire an NCA-registered contractor
- Obtain demolition permit from county government
- Ensure safe demolition procedures
- Clear the site as required by authorities
Option 3: Legal Challenge
You have the right to seek legal redress if you believe:
- The inspection was flawed or unfair
- You've been denied due process
- The classification is incorrect
- You can demonstrate the building is safe
However, courts generally uphold public safety over private property interests. Lady Justice Mumbi Ngugi declared that public interest supersedes an individual's right to property in cases involving unsafe structures.
Financial Implications
No Compensation for Illegal Structures: Buildings constructed without proper approvals or on public land (riparian reserves, road reserves, utility corridors) are not eligible for compensation during demolition.
Compensation for Legal Structures: For properties legally acquired or occupied in good faith, compensation may be paid based on property and land value at current market rates, sometimes including disturbance allowance, according to Article 40(4) of the Constitution 2010.
Owner Bears Demolition Costs: If you fail to voluntarily demolish an unsafe building after notice, the government will demolish it and recover costs from you.
How to Prevent Your Building from Being Declared Unsafe
During Construction
1. Use Qualified Professionals
- Only work with NCA-registered contractors
- Engage architects registered with BORAQS
- Hire structural engineers registered with ERB
- Ensure all professionals have current practicing licenses
2. Obtain All Required Approvals Before construction begins, secure:
- County building plan approval
- NEMA environmental license (for commercial projects)
- NCA project registration
- All relevant utility clearances
3. Follow Approved Plans Regular inspections are conducted by government agencies to ensure construction projects comply with building codes and regulations, helping identify violations and ensure corrective measures. Never deviate from approved architectural and structural drawings without seeking amendments.
4. Use Quality Materials The NCA has deployed mobile testing laboratories in Nairobi, Kisumu, and Mombasa to verify construction materials on-site and discourage use of substandard materials.
5. Document Everything Maintain comprehensive records:
- All approval certificates
- Material test certificates
- Inspection reports at each stage
- Contractor's compliance certificates
- Professional indemnity forms
After Occupation
1. Schedule Regular Maintenance The National Building Code 2024 mandates maintenance requirements covering structural, mechanical, and safety systems. Develop a maintenance schedule addressing:
- Structural inspections every 2-3 years
- Waterproofing and weatherproofing
- Plumbing and drainage systems
- Electrical installations
- Fire safety equipment
2. Arrange Periodic Inspections For buildings over three floors, arrange professional inspections every five years as required by the National Building Code 2024.
3. Address Issues Promptly Don't ignore warning signs:
- Cracks in walls or foundations
- Doors or windows that stick
- Uneven floors or tilting
- Water seepage or dampness
- Unusual sounds or vibrations
4. Keep Records Updated Maintain a building log containing:
- Original approval documents
- Occupancy certificate
- Periodic inspection reports
- Maintenance records
- Any alterations or additions (with approvals)
5. Avoid Unauthorized Changes Never make structural alterations without:
- Hiring a qualified structural engineer
- Obtaining revised approval from county government
- Engaging NCA-registered contractors
- Following proper inspection procedures
Special Considerations for Different Building Types
Residential Apartments
Landlords of apartment buildings must:
- Ensure common areas meet safety standards
- Maintain adequate fire safety equipment
- Provide clear evacuation routes
- Conduct regular safety drills
- Keep building insurance current
Commercial Buildings
Commercial property owners face additional requirements:
- More frequent fire safety inspections
- Accessibility standards for persons with disabilities
- Higher parking space requirements
- Enhanced structural load calculations
- Occupational safety compliance
Industrial Buildings
Factory and warehouse owners must consider:
- Heavy load-bearing requirements
- Specialized foundation designs
- Industrial safety regulations
- Environmental compliance (NEMA)
- Worker safety facilities
The Cost of Non-Compliance
Direct Costs
Fines and Penalties: Non-compliance with building codes can result in penalties and fines that cover costs of re-inspection and rectification of violations.
Demolition Expenses: Government-executed demolitions are billed to property owners, often exceeding voluntary demolition costs.
Legal Fees: Court challenges, even if successful, incur substantial legal costs.
Indirect Costs
Loss of Property Value: Buildings declared unsafe lose market value and become difficult to sell or rent.
Liability Exposure: Owners face potential liability for injuries or deaths resulting from structural failures.
Reputational Damage: Contractors and developers associated with unsafe buildings suffer lasting damage to their professional reputation.
Lost Income: Evacuation means loss of rental income without compensation for illegal or non-compliant structures.
Frequently Asked Questions
Q: Can I occupy my building while repairs are underway? A: No. Buildings declared unsafe must be evacuated until repairs are completed and the building receives clearance following re-inspection.
Q: How long do I have to respond to an unsafe building notice? A: The notice will specify the timeline, typically ranging from 30 to 90 days depending on the severity of issues and required remediation.
Q: What if I'm a tenant in an unsafe building? A: Tenants must evacuate immediately when ordered. Special measures should be undertaken to protect property during evictions, and citizens' rights to life and security must be respected. You may have legal recourse against your landlord for rental recovery.
Q: Does building insurance cover demolition costs? A: Standard building insurance typically doesn't cover demolition due to regulatory non-compliance. Check your specific policy and consider additional coverage.
Q: Can I rebuild on the same site after demolition? A: Yes, provided you obtain proper approvals, follow the National Building Code 2024, and address any issues that led to the original building's failure. You must start the approval process afresh.
Q: Who pays for hotel accommodation during evacuation? A: Property owners are responsible for providing alternative accommodation for tenants during repairs or after evacuation, though this is often a matter of contractual dispute.
Moving Forward: Building a Safer Kenya
The implementation of the Kenya National Building Code 2024 represents a critical turning point for construction safety in Kenya. The code ensures buildings are safer and of higher quality by setting enhanced standards for structural design and materials, reducing the risk of structural failures and enhancing building durability.
For Property Owners
- Take periodic inspections seriously
- Invest in proper maintenance
- Keep all documentation current
- Work only with qualified professionals
- Address warning signs immediately
For Developers
- Budget adequately for quality materials and qualified professionals
- Follow the approval process completely
- Don't cut corners to save costs
- Consider long-term building lifespan
- Build a reputation for quality and safety
For Tenants
- Verify a building's occupancy certificate before renting
- Report structural concerns to landlords and authorities
- Know your evacuation routes
- Don't ignore warning signs
- Understand your rights
Conclusion
Building safety inspections are not bureaucratic obstacles but essential protections for human life and property. Understanding the inspection process, maintaining compliance with the National Building Code 2024, and taking prompt action when issues arise can save lives, preserve property value, and contribute to Kenya's development of a safer built environment.
The cost of compliance is always lower than the cost of failure. Whether you're a property owner, developer, contractor, or tenant, your commitment to building safety helps create the resilient, sustainable cities Kenya needs for its future.
For professional guidance on building inspections, safety compliance, or construction approvals in Kenya, consult with qualified architects, structural engineers, and legal professionals specializing in construction law. Stay informed about updates to the National Building Code and county-specific regulations that may affect your property.
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