The proposed National Construction Authority (NCA) law has triggered unease among architects and built environment professionals.
The stakeholders are warning that the proposed changes to the law could upend Kenya’s construction governance by diverting powers already held by counties and specialised regulators.
The National Construction Authority (Amendment) Bill, 2025, seeks to integrate climate change responsiveness, renewable energy use, and environmental sustainability, into construction regulations.
Industry players argue that the Bill, sponsored by Migori Senator Eddy Oketch, risks turning the NCA into an overbearing regulator, blurring constitutional boundaries and duplicating existing mandates.
In a memorandum to Parliament, The Architects Alliance (TAA), a professional body representing architects, has formally raised red flags cautioning that several proposed clauses could create regulatory conflicts and undermine devolution.
The Bill was tabled in Parliament in September 2025 for the first reading, awaiting discussion when the House resumes in February.
One of the most contentious proposals is an amendment that would empower the NCA to “promote and enforce” the use of environmentally sustainable construction materials, designs, and standards. The stakeholders argue that this provision expands NCA’s functions from “quality assurance” to direct enforcement of environmental and design standards.
Architects argue that enforcement of environmental compliance already falls under the National Environment Management Authority (NEMA) while energy efficiency standards are regulated by the Energy and Petroleum Regulatory Authority (EPRA).
Currently, building design approvals and development control are devolved functions managed by county governments.
“This amendment therefore risks jurisdictional overlap and conflict, allowing NCA to enforce standards already within the purview of other regulators,” said TAA president Sylvia Kasanga.
The Alliance warned that allowing NCA to enforce sustainability and design standards could create overlapping authority, regulatory confusion, and higher compliance costs for contractors. “Extending NCA powers into these spheres risks regulatory conflict, administrative burden, and higher compliance costs,” reads the TAA memorandum signed by Ms Kasanga.
In their memorandum, the Alliance suggested that NCA should focus on supporting the promotion of sustainable construction within their coordination role as opposed to direct enforcement, which they said is outside the Authority’s scope.
Kasanga further noted that the proposals should emphasize coordination between the Authority and other regulatory agencies in the proposed expanded mandate.
Another flashpoint is a proposed new provision allowing the NCA to designate cones where all new buildings must install solar energy systems. The clause further directs the Cabinet Secretary to make regulations to operationalise the requirement.
While adoption of renewable energy is a national priority, architects argue that zoning decisions fall squarely within county planning powers, while technical regulation of energy systems is overseen by EPRA under the Energy Act, raising questions about how NCA-designated zones would coexist with county planning approvals and EPRA’s licensing regime.
“While the clause aims to advance renewable energy adoption, zoning and designation of areas for solar installations are planning and energy functions, not construction coordination functions,” said Kasanga.
“Allowing NCA to designate zones risks superseding both county planning powers and EPRA’s technical jurisdiction,” she added.
Industry players fear that granting zoning power to NCA could undermine county autonomy and introduce parallel approval systems, hence further slowing development approvals in an already complex regulatory environment.
On this provision, AAK president George Ndege noted that zoning and design approvals occur earlier in the development process, largely under county governments and design professionals.
“NCA’s mandate starts when design ends and construction begins. So provisions like zoning must be handled carefully, otherwise they create confusion about where one role stops and another begins,” said Ndege.
“This sector is overregulated, but that is on paper. In practice, it is not. We just have agencies which are just there, and act like gatekeepers rather than champions of certain aspects of the sector,” Ndege added.
“We have too many laws, too many agencies, but very little practical coordination. When things go wrong, responsibility is avoided. When budgets are involved, everyone wants authority.
TAA proposed that the NCA should focus on developing technical guidelines for ‘solar-ready’ buildings, leaving zoning and energy regulation to constitutionally mandated authorities.
