Kenya building approvals: Permits, inspections and developer responsibilities

Six people died and five others were taken to hospital after the upper floor of a building under construction collapsed in Syokimau on November 13, 2026.

Police said all 405 workers who were at the site had been accounted for, and construction was suspended.

The incident came three weeks after an 18-storey building collapsed in Eastleigh, Nairobi, killing eight people.

Investigations into the Syokimau collapse are ongoing, and the cause has not been established.

However, the incidents have renewed questions about how developers obtain construction approvals, who inspects buildings and what happens when a project fails to meet safety standards.

1. County development approval

Before construction begins, a developer must obtain development permission from the relevant county government under the Physical and Land Use Planning Act, 2019.

The county examines the proposed development against land-use plans, zoning requirements, building designs, access roads, drainage and other planning considerations.

Developers submit architectural and structural plans prepared by appropriately registered professionals, alongside land ownership documents and other supporting information.

A county may approve, reject or defer an application.

It can also impose conditions relating to the size, design, use and implementation of the proposed development.

An approval to construct residential apartments, for example, does not automatically authorise a developer to change the building into a hotel or commercial complex without the necessary additional permissions.

2. Environmental and professional approvals

Some developments require an Environmental Impact Assessment (EIA) licence from the National Environment Management Authority (NEMA) before construction can proceed.

Whether an assessment is required depends on the nature and scale of the project and the environmental legislation governing it.

The developer must also engage qualified professionals to prepare and supervise the work.

Architects and engineers must hold valid registration and practising licences from their respective professional bodies, including the Board of Registration of Architects and Quantity Surveyors (BORAQS) and the Engineers Board of Kenya (EBK).

The National Building Code 2024, which took effect on March 1, 2024, establishes the technical standards governing construction, including structural integrity, building materials, fire protection, accessibility, ventilation and safety.

It replaced the 1968 building regulations, which had governed construction for more than five decades.

3. Registering the project with NCA

The National Construction Authority (NCA) regulates Kenya's construction industry and requires both public and privately funded construction projects to be registered.

Under Regulation 17 of the NCA Regulations, 2014, the developer or property owner is responsible for registering the project within 30 days of the construction contract being awarded to an NCA-registered contractor.

The application requires documents including:

• The contractor's and subcontractors' valid NCA registration details.

• Approved architectural and structural drawings.

• County development permission.

• Registration and practising details of project consultants.

• NEMA and other applicable regulatory approvals.

• A signed construction contract and bill of quantities.

NCA also conducts project verification and inspection as part of its compliance process.

Project registration is currently free.

The authority can take enforcement action against contractors and developers involved in non-compliant construction.

4. Who inspects buildings during construction?

Inspections involve different agencies with separate responsibilities.

County building inspectors monitor compliance with approved plans and development conditions.

Under the Physical and Land Use Planning Regulations, inspections can be conducted at the commencement of a project and at specified construction stages.

If an inspection identifies non-compliance, the authorities can demand corrective action, stop further work or take other enforcement measures.

In serious cases, a demolition order may be issued.

The National Construction Authority oversees construction-sector compliance, including project and contractor registration.

The National Building Inspectorate, operating under the State Department for Public Works, conducts building audits, assesses structural integrity and examines whether buildings are safe and suitable for occupation.

It can recommend remedial action and facilitate building safety certification.

5. An occupation certificate

Completion of construction does not automatically give a developer permission to occupy or let out a building.

Under the Physical and Land Use Planning Regulations, the developer's licensed professional must request a joint final inspection involving the relevant authorities.

The county director coordinates the exercise and consolidates the inspection findings before the planning authority issues the necessary certificate of compliance and notice for issuance of an occupation certificate.

The certificate confirms that the completed development has met the applicable approval conditions and can be occupied.

A developer who allows people to occupy a building without the necessary approvals risks enforcement action.

What property buyers should check

Kenyans purchasing apartments, especially in buildings still under construction, should ask for the county-approved architectural and structural plans, the developer's NCA project registration details and evidence of the relevant environmental approvals.

They should also establish whether the construction is being supervised by registered professionals and whether the completed building has obtained the required occupation documentation.

The NCA allows members of the public to report suspected faulty or non-compliant construction projects through its official website and regional offices.

Kenya has detailed construction laws, but their effectiveness depends on consistent inspections and enforcement.

For homeowners, tenants and property investors, checking approvals before committing money can help avoid expensive disputes and potentially unsafe buildings.