City Hall approval not enough

By harold ayodo

Receiving notices from the Government that a building overlooked required approvals before construction is every investor’s nightmare.

For instance, there was uproar when Lands minister James Orengo raised a red flag over constructions on wetlands in Nairobi. According to Orengo, the private developers in upmarket areas had constructed buildings above waterways with total disregard to the law.

The minister issued notices that the buildings worth millions of shillings were earmarked for demolition for flouting environmental laws. On the other hand, the affected developers in Nairobi’s Westlands, Kileleshwa, Riverside and parts of Muthaiga argued their properties were legal.

However, getting a green light from the Department of Planning at City Hall is not a guarantee that a building proposal has a clean bill of health. For instance, there are building plans that must be verified by other agencies of the Government before moving to site.

Approvals from the National Environmental Management Authority (Nema) are almost compulsory for all developments in real estate. It is for similar reasons that the Nairobi Water and Sewerage Company (NWSC) shouts itself hoarse over buildings constructed over sewer lines.

More approvals

But because majority of developers in Eastlands overlook approvals from NWSC, residents are forced to live with overflowing sewers and burst water pipes. For instance, there are multi-storied residential flats in Umoja and Zimmerman that sit on sewer lines, interfering with planned drainages.

Approvals from the Ministry of Sanitation and Public Health, Kenya Wildlife Service, Kenya Railways and the Kenya Airports Authority are also important. And some development proposals require separate approvals under different Acts of Parliament.

A good example are building plans that may include developments of public entertainment, sewerage and water supply and public roads.

However, some developers go an extra mile to seek green light from relevant authorities, but shift goal posts when they get on site. It is for similar reasons that local authorities and agencies issue notices to developers for illegal developments.

According to the latest issue of the City Council of Nairobi Development Applications Awareness Guide, developers should seek advice when in doubt. According to the document released by the Planning Department, planning laws require relevant approvals. Such applications ensure the orderly, secure and healthy development of the lucrative real estate sub sector. And penalties for non-compliance are immense — from fines to demolition of the structure without compensation.

The writer is an advocate of the High Court of Kenya