PRESENTATION TO ULS

Review of Building Laws in Uganda

7th December, 2021.

Milton Ocen
MSc. Construction Law & Dispute Resolution [BUiD], LL.B
[Hons], PGDipLP.

Partner, M/S Milton Advocates,

Arbitrator – MCIArb, UK
Board Member, NBRB [ULS], CLC-ULS.
+256-754-808-015
miltonfredocen@gmail.com;

Office Line: -0312-421600

info@nbrb.go.ug;
 UN-PACKING BUILDING CONTROL LAWS

BUILDING LAWS IN UGANDA;

1. Building Control Act, 2013
2. Building Control Regulations 2020, SI No.3/2020.
3. National Building (BS) Codes 2019 ; - BC (Building Standards) Code, SI No.51/2019.
- (Accessibility Standards for Persons with Disabilities) Code, SI No.52/2019.
- National Building (Post Code Numbering) Code, No.57/2019.
- (Standards for Electrical Installations in Buildings) Code SI No.58/2019.
- (Standards for Mechanical Installations in Buildings) Code SI No.60/2019.
4. Building Control (Fees) Regulations, 2020.
5. Building Control (Appeals) Regulations, 2020.
OTHERS; - The Physical Planning Act, Act No.8/2010, PP (Amendment) Act No.2/2020, & Regulations.
- The Public Health Act & Regs, The RTA Cap. 230,
- ARA Cap.269, ERA Cap.271, SRA Cap.275
- The Condominium Property Act, Act No.4/2001
- NEA, 2019 – (NEMA),
- RE Bill? (Regulation of the RE industry)
 UN-PACKING BUILDING CONTROL

Building Building
Building
Operation Control
 1) Structures, whether of a temporary or permanent
What is a Building? nature, and, irrespective of the materials used for
accommodation, manufacturing, processing,
storage, services; etc.
– S.2- defines a building
2) Structures like: - Buildings, Swimming pools,
– The buildings are classified Dams, Bridges, Towers, Musts, Billboards, Petrol
and categorised Reg.8 and stations, Gas supply installations, Electrical
Schedule 2. mechanical installations, Retaining walls,
Boundary walls and other structure connected
with the structure or installation.
 What is a Building 1) Erection of a building;
Operation? 2) Demolition of a building;
3) Electrical installations, plumbing and drainage
– Building operations are works;
activities associated to a 4) Repairs, renovations, alterations and extensions
building. of a building;
5) Installation of utilities, including gas, water,
– S.2- defines a Building electricity, or
Operation 6) work on any part of a building and associated
structures.
 WHAT IS BUILDING
CONTROL?

Building Control PROCESS BUILDING

that ensures that all
buildings and building
CONTROL
operations adhere to
building codes, regulation
and requirements of the
Building Control Act, 2013.

STANDARDS, SAFETY, SUSTAINABILITY

BUT WHAT DO WE SEE?

HOIMA CITY COUNCIL

 600mm

KABALE DISTRICT
 KYENGERA TOWN COUNCIL

Area = 2sqm

1300mm

300mm

HOW DO DEVELOPERS GET AWAY WITH SUCH DEVELOPMENTS?

WHO IS CERTIFYING SUCH WORK?

 SOROTI CITY COUNCIL
Where is the fire
escape?

What about
Accessibility for PWDs?

Difference in What are the safety

risers measures

WHY ARE MOST BUILDINGS SCORING LOW ON THE PHYSICAL ACCESSIBILITY RATING?
DO DEVELOPERS HAVE THE RIGHT TO INCONVENIENCE THE
GENERAL PUBLIC AND OTHER DEVELOPMENTS?

KAMPALA BUSINESS DISTRICT…(1)

DOES THIS DEVELOPER
HAVE PERMISSION TO
OFF-LOAD MATERIALS
IN THE ROAD?

KAMPALA BUSINESS DISTRICT…(2)

 DO DEVELOPERS
HAVE PERMISSION TO
DUMP BUILDING
MATERIALS ANYHOW
AND ANYWHERE?

KAJJANSI TOWN COUNCIL

 WHY IS THE RATE OF BUILDING
RELATED ACCIDENTS IS
INCREASING?
77% of Buildings in Cities Don’t
meet standards – 2021 Survey.
Between 2002 – 2020
55 building accidents
700 building fires
 Why we needed the Building Control?

VISION 2040- underscores the need for STRICT BUILDING REGULATION to

address the QUALITY OF INFRASTRUCTURE- including BUILDINGS.

EASE AND IMPROVE BUSINESS 1) Low LEVEL OF COMPLIANCE- 40%

- Procedures 2) Lack of ENFORCEMENT AND
- Cost of BUILDING PERMITS DETERRENT mechanisms- WEAK LAWS
3) Lack of an APPELLATE MECHANISM
- Quality control
4) Lack of UNIFORMITY and CONSISTENCY

Mitigate on our challenges and deficiencies in existing laws

 Building Control Building
Processes Committee

The purpose of this

Role of the
training is to ground the Building
Permit
Issuance
members of ULS on Control Officer Process
building laws & regs,
control, operations and
business. Relationship Building
between PPC Control
& BC Fees
 BUILDING CONTROL INSTITUTIONAL FRAMEWORK

REGULATION IMPLEMENTATION
MINISTER supervision

NBRB
BUILDING COMMITTEES
reporting

BCOs &
POLICY OVERSIGHT technical guidance
PROFESSIONALS

HOW IS BUILDING CONTROL IMPLEMENTED?

1) Monitor Building Developments;
2) Promote Building Standards;
3) Oversee, Inspect and Monitor Building
Committees;
4) Hear and determine appeals;
5) Determine fees for issuance of permits.
 NBRB
OTHER FUNCTIONS
The NBRB shall undertake
investigations of building related
accidents and incidents

S.45- Explicitly extends liability to

any person responsible for
causing accidents as opposed to
focussing on the GOU.

INVESTIGATION OF BUILDING ACCIDENTS

 NBRB 1) Reg. 41- NBRB shall conduct periodic
OTHER FUNCTIONS audits and inspections of the records and
proceedings of the BC to ensure
compliance with the Act.

2) The NBRB shall audit the BC and BCO on

the implementation of the BCA 2013
– Permit approval processes,
– Adherence to NBC
– Completion of the building operation.
 1) Scrutinise and approve building plans;
Building Committees 2) Issue permits- building and occupation;

3) Ensure compliance- i.e. that design and

THE ROLE OF THE BUILDING construction of buildings caters for PWDs, etc;
COMMITTEE IS TO 4) Review the decisions of BCOs on minor building
IMPLEMENT THE BUILDING works- S.39;
CONTROL ACT, 2013.
5) Approve demolitions- S.41
ss.29 (functions)
6) Perform functions assigned by the NBRB
 Chairperson-
PDC
Rep- PWDs Member- DEC

Building Committee CAO Town Clerk

S.28- Establishes Building COMPOSITION

Committees (BC) at the District Officer- Arch BUILDING Officer- Eng
and Urban Authority COMMITTEE

YES… PPC and BC have Officer- Land Officer- PP

similar same representation, but
the roles are the same?
Officer- Env Officer- Health
Officer- Fire
 1) BC MAY co-opt any person with expertise and
Building Committee knowledge, but co-opted persons have no voting rights.
Business
2) Meetings- at least once in every two months
– Quorum and decisions is two-thirds of the members.
– Minutes- All minutes to be recorded

3) Validity of any proceedings shall not be affected by a

vacancy in its membership

4) Disclosure must be recorded

5) Building committee can regulate its own proceedings-

CHAIRPERSON & SECRETARY
 Powers of the
Building Committee
1) Order to Stop a Building Operation
– S.40; BC may, by notice in writing, order any
person to stop a building operation
– Failure to comply to a notice issued is an offence-
75-CRP, 3-year imprisonment or both.

2) Order for Compulsory Maintenance

– S41; Reg.33; BC may order the owner of the
building to demolish the building or take remedial
action on the building.

3) Hear appeals- S.39

 S.33- prescribes the functions and duties of a BCO
Building Control Officer 1) to make recommendations to the BC regarding:-
– Building Plans,
– Specifications, etc
TO FULLY IMPLEMENT 2) to inspect building operations
BUILDING CONTROL ACT;
AUTHORITIES SHALL HAVE A
BUILDING CONTROL OFFICER 3) to forward to the BC for review, copies of all
applications for MINOR BUILDING WORKS
submitted to the BCO as per S.39

HAS MBARARA DISTRICT APPOINTED A BUILDING CONTROL OFFICER?

POWERS OF THE BUILDING
CONTROL OFFICER
Building Control Officer has
a right of entry to any site
(S.43)
2) Obstructing the BCO from exercising their
1) BCO shall, at all times, have the right of
entry onto any site where a building
operation is being carried out for purposes
of determining whether this Act is being
complied with.
– BCO shall produce official identification
card.
functions, is an offence- 25-CRP or 13-
months imprisonment.
HOW ARE BUILDING PERMITS ISSUED?
 BUILDING PERMISSION
DEVELOPERS MUST GET BUILDING
PERMISSION

1) S.34(1); a building or building

operation without a BUILDING
PERMIT is prohibited.

2) Developers who contravene commit

an offence; 2-YEARS JAIL TIME.
 What operations require 1) All Buildings- Class A, B, C, Temporary
BUILDING PERMISSION? Buildings and other structures Schedule 4

2) All Building Operations- Demolitions,

Excavations, Alterations to existing buildings,
Retaining walls, boundary walls

3) All Building projects Private or Public.

Government Buildings are not exempted.
 New Building Permit 1) The application for a permit depends on the
BUILDING CLASSIFICATION
Issuance Procedure...(1) – Class A, B & Temporary Buildings (TBs)- FORM 2
– Class C- FORM 1
Step 1- Application – Application is premised on the Level of RISK.

2) Class A, B & TBs- Apply to Building Committee

3) Class C- Apply to Building Control Officer.

 CONTENTS OF THE 1) Application Form
• Form 1- Class C (Minor Buildings)
APPLICATION? • Form 2- Class A & B

DEVELOPER MUST SUBMIT ALL 2) All drawings

DOCUMENTS REQUIRED FOR a) Reg.9 – Architectural Drawings
PERMISSION b) Reg.10- Structural Drawings
c) Reg.11- Electrical Drawings
d) Reg.12- Mechanical Drawings
1) NEMA (Class A & B)
2) DEVELOPMENT PERMISSION 3) All 21 Supporting Documents
3) LC 1 LETTER a) Class A- Reg 22
4) BOUNDARY OPENING REPORT b) Class B- Reg 21
5) PROOF OF PAYMENT c) Class C- Reg 19
d) Temporary Buildings- Reg 20
 CLASSIFICATION PARAMETERS CLASS A CLASS B CLASS C
SCOPE Height exceeding 12m Height up to 12m Height up to 3m
—Building Size- Gross floor area (m2)
Area exceeding 30m2 Area exceeding 30m2 LOW < 30m2
—Building Height
—Number of storey Exceeding 4 storey Up to 4 storey Single storey

SAFETY
— Structurally safety requirements
— Environmental constraints HIGH MEDIUM LOW
— Health and Safety requirements
— Socially safety (Population and occupancy)
LEVEL OF RISK
COMPLEXITY
— Building location (urban to per-urban area)
— Planning and spatial requirements HIGH <12m MEDIUM > 12m LOW
— Regulatory and statutory requirements
— Building operation supervision requirements

- High risk and Complex buildings - Medium risk buildings Low risk and minor buildings
- Public Buildings regardless of height - Residentials, Commercial
and number of storey (Churches, buildings
Schools, Malls, Arcades, Shopping - Temporary structures
centers)
BUILDING CONTROL
BUILDING PERMISSION APPLICATION BUILDING COMMITTEE- Form 2
OFFICER- Form 1
HOW TO FILL AN APPLICATION FORM
HOW TO FILL AN APPLICATION FORM
 Documents and Requirements
Class A
– Reg.9 – Architectural Drawings
– Reg.10- Structural Drawings
– Reg.11- Electrical Drawings
– Reg.12- Mechanical Drawings
– Reg.13- General Requirements
– Reg. 22 Supporting Documents

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 Documents and Requirements
Class B
– Reg.9 – Architectural Drawings
– Reg.10- Structural Drawings
– Reg.11- Electrical Drawings
– Reg.12- Mechanical Drawings
– Reg.13- General Requirements
– Reg. 21 Supporting Documents

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 Documents and Requirements
TEMPORARY BUILDINGS
– Reg.9 – Architectural Drawings
– Reg.10- Structural Drawings
– Reg.11- Electrical Drawings
– Reg.12- Mechanical Drawings
– Reg.13- General Requirements
– Reg. 20 Supporting Documents

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 Documents and Requirements
Class C
– Reg.9 – Architectural Drawings
– Reg.10- Structural Drawings
– Reg.11- Electrical Drawings
– Reg.12- Mechanical Drawings
– Reg.13- General Requirements
– Reg. 19 Supporting Documents

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 New Building Permit 1) Reg. 23- The Building Committee receives
applications not the Physical Planning
Issuance Procedure…(2) Committee
Step 2- Receipt of Application
2) Where an application submitted is incomplete,
the BC shall return the application to the
applicant.

3) For applications received by the BCO, the BCO

shall assess and make recommendations to the
BC in accordance with S.33 and S.35(4).
 New Building Permit Issuance
Procedure…(3)
Step 3- Scrutinizing Applications by
BCO.
1) S.32, the BCO shall also scrutinize the
application, plans and drawings.
2) BCO is to provide technical guidance
and to BC, to confirm: -
– Adherence to the NBC-2019 and BCR-2020;
– Certified building methods;
– Authenticity of supporting document S.35.

3) BCO review provides recommendations

to the BC using FORM 3
 New Building Permit Issuance
Procedure…(3)
Step 3- Scrutinizing Applications by BC

1) S.29(1)- Before approval and issuance of

a Building Permit, the BC shall scrutinize
the application and plans.

2) BC to review BCO recommendations: -

– Adherence to the BCA, 2013, NBC-2019
including the BCR-2020;
– Certified building methods;
– Authenticity of supporting document S.35.

3) If BC is satisfied, BCO shall be notified.

New Building Permit Issuance
Procedure…(4)
Step 4- Approval of plans
1) S.29(1); the BC shall approve the
application and building plans.
2) Approval, shall be supported by a
MINUTE OF THE BC on Form 5- Part 1.
3) Decision of the BC, shall be either to
Approve, Reject, Defer or Resubmission.

COMPLIANCE = APPROVAL
 New Building Permit Issuance
Procedure…(5)
Step 5- Issuance of Building Permit
1) After BC consideration and upon
notifying the BCO of its decision- the
Building Permit shall be issued-
Form 4 issued by Chairperson to the
BC.

2) Legal time for issuance of a building

permit is 30-DAYS from the
application.
 Building Permission
FLOW CHART
4
1) Building Permission is a 2- Stage Process
2) S.34; the BC/BCO must establish Other
BC BCO
whether the application is for a Building or Agencies 5
Building Operation.
– Class A, B & Temporary Buildings- [1,2
3,4,5,6]
– Class C- [1,2,7,8] 1 2 3 6 7 8

3) All buildings operations shall require

clearances from other agencies and
offices before applying for Building
DEVELOPER
Permission.
 S.40; Reg.25. REVOCATION OF A BUILDING PERMIT.
New Building Permit
Issuance Procedure…(6) Grounds for Revocation: —

1) the owner of a building operation uses building methods

CAN A BUILDING PERMIT BE and materials that have been prohibited under section 42
REVOKED? of the Act;

2) the professionals engaged under these Regulations are

replaced without notifying the Building Committee;
3) the building operation is not in accordance with the
approved plans; or
4) the building operations have been suspended for more
than twelve months.
HOW ARE OCCUPATION PERMITS ISSUED?
OCCUPATION Occupation Permit is a must- Reg. 34
PERMISSION a) A person intending to occupy a building
shall apply for an occupation permit.

b) An occupation permit can either be: -

– FULL OCCUPATION PERMIT;
– TEMPORARY OCCUPATION PERMIT; or
– PARTIAL OCCUPATION PERMIT.

c) The application shall be as Permit Issuance

procedures
 New Permit Issuance 1) The application for a occupation permit
Procedure...(1) depends on the BUILDING
CLASSIFICATION
Step 1- Application – Class A, B & Temporary Buildings (TBs)
– Class C

2) Class A, B & TBs- Apply to Building

Committee

3) Class C- Apply to Building Control Officer

 New Permit Issuance 1) Reg. 23- The Building Committee receives
Procedure…(2) applications not the Physical Planning
Committee
Step 2- Receipt of Application
2) Where an application submitted is incomplete,
the BC shall return the application to the
applicant.

3) For applications received by the BCO, the

BCO shall assess and make recommendations
to the BC in accordance with S.33 and
S.35(4).
 New Permit Issuance
Procedure…(3)
Step 3- Scrutinizing Applications by
BCO.
1) S.32, the BCO shall also scrutinize the
application and as- built drawings.
2) BCO is to provide technical guidance
and to BC, to confirm: -
– Adherence to the NBC-2019 and BCR-
2020;
– Authenticity of supporting document S.35.

3) BCO review provides recommendations

to the BC using FORM 3
 New Permit Issuance
Procedure…(3)
E. CERTIFYING BUILDINGS
Step 3- Scrutinizing Applications
by BCO.
3) How are Occupation Permits Issued?
a) Application shall be made to the BC/BCO
b) two sets of as-built drawings for the
– building;
– electrical and mechanical installations;
– structural engineering;
c) Building Certificates
– Certificates of fitness (M&E Installations);
– Certificate of structural stability
– Certificate of Practical Completion;
d) Proof of payment; and
e) Signed Building Inspection Booklet.
 New Permit Issuance
Procedure…(3)
Step 3- Scrutinizing Applications by BC

1) S.29(1)- Before approval and issuance of

a Occupation Permit, the BC shall
scrutinize the application and as-built
drawings.

2) BC to review BCO recommendations: -

– Adherence to the BCA, 2013, NBC-2019
including the BCR-2020;
– Authenticity of supporting document S.35.

3) If BC is satisfied, BCO shall be notified.

 New Permit Issuance
Procedure…(4)
Step 4- Approval of as-built drawings
1) S.29(1); the BC shall approve the
application and plans.
2) Approval, shall be supported by a
MINUTE OF THE BC on Form 5- Part 1.
3) Decision of the BC, shall be either to
Approve, Reject, Defer or
Resubmission.

COMPLIANCE = APPROVAL
 New Permit Issuance
Procedure…(5)
Step 5- Issuance of Occupation Permit
1) After BC consideration and upon
notifying the BCO of its decision- the
Occupation Permit shall be issued-
Form 10 issued by Chairperson to
the BC.

2) Legal time for issuance of a

occupation permit is 14-DAYS from
the application.
 New Permit Issuance Reg. 35- Occupation Permits can revoked
Procedure…(6) where: —
1) an owner of the building fails to maintain
and take corrective measures required by
the Building Committee; or
DURING USE OF THE
BUILDING, CAN AN
OCCUPATION PERMIT BE 2) the building is used for other purposes
REVOKED? other than that for which a permit was
issued.
BUILDING CONTROL FEES

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 Building Control Fees
1) S.9(f), S.52 (2)f- No Permit shall be issued before fees
are paid.
– BCR(Fees) 2020; prescribes the new fees
– Permits for which fees are to be levied.
– Building and Occupation Permits- Reg 38 & Schedule
– All fees shall be paid to Local Authority or URA.

2) The fees are for scrutinizing plans, issuance of permits

and inspection
– Fees are CATEGORIZED
– Fees depend on CLASS OF BUILDING
– Fees have been HARMONISED
– Fees CONSOLIDATED
 Calculating Building Permit
Fees
1) Class A & B- GFA X RATE
2) Class C- FLAT RATE
3) Upon commencement and after Y1,
BCO to levy inspection fees
annually
Fees for Inspection of Building Operations

Upon commencement and after Y1, BCO to

levy inspection fees annually until practical
completion
 Fees for Occupation Permits

a) CLASS A & B- GFA X SQUARE METER RATE

b) CLASS C- FLAT RATE
c) Upon application- developer to pay scrutinizing fees, these include inspection fees by
BCO.
d) Paid after certification of work by ENGINEER
 THANK YOU

I WISH YOU a Merry

Xmas & a HNY!
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