Documentation and Statutory Approvals Required Before Construction

Last Updated 4 hours ago by Kenya Engineer

Before breaking ground on any construction project in Kenya, it is important to appreciate that construction is not just about bricks, concrete, and steel. It is a highly regulated process where documentation and statutory approvals play a central role. Whether you are developing a single residential bungalow, a multi-storey apartment, a petrol station, or an industrial facility, compliance with legal and technical requirements is not optional—it is mandatory.

This article highlights the key documents and approvals required before and during construction in Kenya, and why each of them matters.

Proof of Land Ownership

The starting point of any construction project is establishing clear and legal ownership of the land. As a client or developer, you must demonstrate that you either own the land or have lawful authority to develop it.

Acceptable documents that can be used to prove land ownership include:

• Title deed

• Certificate of lease

• Allotment letter (for leasehold properties)

• An official and up-to-date land search from the Ministry of Lands

These documents are required at multiple approval stages and help prevent disputes, encroachments, and illegal developments.

Architectural Designs

Architectural designs form the backbone of any building project. They must be prepared and signed by a registered architect, who ensures that zoning regulations, planning standards, and accepted building practices are followed.

A complete architectural drawing set typically includes:

• Floor plans

• Elevations

• Sections

• Site plan

• Location map

• 3D rendered images (where applicable)

These drawings communicate the intent of the building, guide approval authorities, and serve as a reference during construction.

Structural Designs

Contrary to common belief, structural designs are mandatory for all permanent buildings, regardless of size. They must be prepared, signed, and stamped by a registered structural engineer.

Structural drawings and documents include:

• Foundation designs

• Column, beam, slab, and roof structure designs

• Structural notes and specifications

• Structural calculations

These designs ensure the building’s safety, stability, and ability to withstand applied loads and environmental forces.

Mechanical, Electrical and Plumbing (MEP) Designs

MEP designs detail how the building will function internally. MEP stands for Mechanical, Electrical, and Plumbing, and these drawings are especially critical for developments beyond simple residential houses.

They typically cover:

• Electrical layouts and load schedules

• Plumbing and drainage layouts

• Fire protection systems

• Mechanical ventilation and air conditioning systems

Proper MEP design improves safety, efficiency, and long-term operability of the building.

County Government Building Permit

Every construction project in Kenya must obtain approval from the County Government Building Inspectorate. This requirement applies across all counties in the Republic of Kenya.

To submit building plans for approval, the following are required:

• Architectural and structural drawings

• Proof of land ownership

• Details of registered professionals involved

• Proof of payment of approval fees

The submissions are reviewed by various county officers, including architects, structural engineers, physical planners, and public health officials. Once satisfied, the county issues a building permit.

Typically, building permits are valid for two to three years, depending on the county.

NEMA Approval

Certain projects require approval from the National Environmental Management Authority (NEMA). These include developments located near environmentally sensitive areas such as:

• Rivers and lakes

• National parks and forests

• Airports

• Large-scale or high-impact developments

In such cases, a certified environmental expert must be engaged to conduct an Environmental Impact Assessment (EIA) and prepare a report for submission to NEMA. Approval is issued once the authority is satisfied that environmental risks have been adequately addressed.

NCA Project Registration

All construction projects in Kenya must be registered with the National Construction Authority (NCA) before commencement.

To register a project, the following are required:

• Approved drawings

• Contract drawings

• Details of the registered contractor

• Payment of project registration fees

NCA registration helps regulate the construction industry and ensures that only qualified professionals and contractors undertake projects.

Commencement of Construction

Once all the above documentation and statutory approvals are in place, the contractor can formally take possession of the site, and construction may lawfully begin.

Final Word

Cutting corners on approvals may appear to save time or money in the short term, but it often leads to costly delays, penalties, or even demolition. Proper documentation and compliance not only protect the developer but also ensure safety, sustainability, and professionalism in Kenya’s built environment.