NCA Kenya: Landlords Must Evacuate Tenants Before Adding Floors

The National Construction Authority (NCA) of Kenya has issued a strong warning to property developers regarding unauthorized building extensions.

During an address on NTV, Executive Director Maurice Akech affirmed the legal ramifications of adding floors to occupied buildings without proper tenant evacuation. Akech states that any construction extending beyond the pre-approved number of floors constitutes a direct violation of the law.

He outlines the two types of building extensions—vertical and horizontal—each subject to specific regulations. Vertical expansions necessitate the relocation of tenants throughout the construction period, while horizontal expansions allow tenants to remain, provided adequate safety measures are in place.

"A building cannot be extended while it is still occupied," Akech declares, emphasizing the need for tenant evacuation during vertical construction.

For horizontal extensions, he reiterates that proper safety routes must be established to ensure tenant safety. The NCA also highlights the importance of obtaining new permits for previously halted construction projects. Akech explains that this requirement arises from the National Construction Act, the National Building Code, and relevant county legislation. He notes that delays stemming from financing issues may necessitate a new license to resume construction, as the validity of licenses is time-sensitive.

"The validity of licenses is time-bound," he observes, cautioning that resuming projects beyond the stipulated timeframe may require adherence to updated regulations and safety standards.

This advisory comes in response to growing safety concerns among Nairobi residents regarding unauthorized building expansions that threaten structural integrity and tenant safety. The NCA's pronouncement serves as a crucial reminder for developers to prioritize legal compliance and safety in their construction practices.

Overall, the NCA's directive aims to curb unsafe building extensions and ensure adherence to necessary legal and safety standards, reinforcing its commitment to protecting tenants and the broader public interest.