Introduction
A common nightmare in construction is handling construction approval in Kenya. The process has been made quite complex, with an individual being forced to pass through numerous red takes, or even succumb to corruption. The process becomes even harder when one is not aware of the process and thus continually being pushed left and right. Due to this, for many Kenyan home builders their dreams have turned to be quite overwhelming due to the regulatory requirements. Among the numerous construction regulations of Kenya, the NCA approval stands as one of the most misunderstood steps in the construction steps.
According to one client, the lack of an NCA approval cost him weeks of delays and hundreds of thousands of shillings in penalties. This is after purchasing materials and hiring the appropriate workers, but they couldn’t’ continue with the construction without the approval. This is a common occurrence in Kenya, with many unscrupulous contractors choosing to break the law and reduce the cost.
But whether you are planning to build a dream home, a rental property or a commercial building, an NCA compliance will not only protect your investment and ensure smooth running of the project, but also will give you a peace of mind, throughout the whole project.
In this comprehensive guide, we will take you through the NCA approval process and procedures, including the requirements that meet the compliance standards as per the different types of projects. Our aim is that this article will offer you information that will demystify the NCA approval process, thus help you avoid costly mistakes and delays in your next construction project.
What is the National Construction Authority (NCA)?
The National Construction Authority (NCA) was formed in 2011, under the National Construction Authority Act no.41, to help in regulating the construction industry. The National Construction Authority Regulations was finally fully operationalized in 2014. It was seen as necessary, especially with the construction industry being highly unregulated, with minimal supervision over the numerous construction projects being done in the country, thus leading to substandard buildings, unethical practices and safety hazards.
The NCA was given the mandate to oversee and coordinate the construction industry in Kenya. This involves registering contractors that meet specific requirements, regulate their professional conduct and ensure all their construction projects meet the quality and safety standards of the country. According to statistics, NCA’s role of regulating construction process has reduced building collapse incidences up to 40%. This has been achieved through continually registering all construction industry players including contractors, construction workers and site supervisors.
Unfortunately, according to their website, only 30% of the 70,000 registered contractors in Kenya have a valid practicing license. The question lies with why is there need for accreditation for these individuals?
Why NCA Approval is Essential
NCA approval is not just another layer of bureaucracy that construction workers have to go through. The truth is NCA approvals are essential for various reasons:
- Legal Compliance
It is part of the Kenyan law that all contractors receive NCA approval. Otherwise:
- They will incur hefty fines (up to Ksh. 5 million)
- Potential imprisonment for repeat offenders
- Immediate closure of construction site
- Quality Assurance
The quality of any construction is the major goal of the National Construction Authority. As such, an NCA approval ensures that the construction project meets the established quality standards. Compliance ensures the safety, longevity and protection of investment.
- Access to Professional Services
With NCA approval, an individual gets access to registered contractors and professionals. Their registration is proof of their professionalism, competence and reliability.
- Property Value Protection
The proof of compliance is considered a major source of evidence in the valuation or sales process. Banks, valuers and mortgage companies require proof of compliance before issuing financing to any building. The lack of proper NCA documentation can considerably reduce the value of a property. This is because the lack of this documentations creates doubt on the quality and safety of the construction or property.
Types of NCA Registration
As a means of covering all the different construction activities, not limit or over-charge anyone, the NCA has different types of registrations. They vary based on your role in the construction process.
- Contractor registration
This form of registration is for individuals and companies that are undertaking construction work. This form of approval is further divided into 8 categories (NCA 1- NCA 8) based on the technical expertise, financial capacity and the experience of the contractor. The higher these capabilities, the lower the number, e.g. NCA 1 has a higher financial capacity, technical expertise and experience that a NCA 2.
Further, as of 2024, contractors in categories NCA 1-3, they must provide proof of professional indemnity insurance before they are registered or their certificate renewed.
- Construction project registration
This is based on the estimated value of the construction project. Projects that exceed Ksh. 5 million must be registered with the NCA before commencement.
- Foreign contractor registration
Foreign contractors are also welcomed into the industry. Though, they need to obtain temporary registration and comply with additional requirements like local content provision.
- Skilled workers and site supervisors’ registration
It is expected that individual construction workers and site supervisors must register with the NCA. This ensures that are qualified to work on the specific task.
NCA Approval Requirements for Homeworkers
So what do you need to know about building your own home in Kenya, in regards to the NCA compliance?
For projects valued under 5 million
Projects worth less than Ksh. 5 million do not require NCA registration. But at the same time be sure to:
- Hire NCA-registered contractors, construction workers and site supervisors
- Ensure they maintain the construction standards as per the NCA guidelines
- Keep documentations for all approvals from the different authorities.
For Projects Valued over Ksh. 5 million
NCA approval is necessary for construction projects valued above 5 million shillings. This will include:
- Registering the project with the NCA
The process of registration starts with downloading a registration form from the NCA website, and filling it. You are further expected to pay a registration fee which is 0.05% of the project value. The architectural and structural drawings need to be issued for approval by the county government.
- Ensuring the contractor is NCA-Registered
The NCA contractor hired should be of the same NCA category as the project scope. You can ensure this through confirming their registration number. Registration is done annually.
- Display the NCA Compliance Certificate
Once a project is approved, the NCA issues a compliance certificate. This certificate should be visibly displayed at your construction site.
- Pay construction levy
Further, each project is expected to pay 0.5% of the project value as a construction levy. For larger projects, this amount can be paid in installment.
NCA Approval Process in Kenya
It is necessary to follow specific steps to acquire an NCA approval. To many people with construction projects, they consider this process to be quite tedious and daunting. The reason is due to lack of knowledge. Below, we will break down the steps to acquire an NCA approval.
Step 1: Create an Account on the NCA Portal
As of 2024, the National Construction Authority transitioned fully to a digital platform. This has made the registration for approval process easy, reducing the processing time by up to 60%.
The registration process is done online, through the NCA website (nca.go.ke) for the registration process, you only need
- A valid email address
- Phone number
Step 2: Complete the Registration Form
There are various forms based on the specific place you are registering for; whether contractors, projects or skilled worker. Choose the appropriate form and fill in all the required details
Step 3: Upload required documents
For project registration, you will need to upload some documents. They include:
- Approved architectural drawings
- Structural drawings and calculations
- Bill of quantities or project cost estimate
- Land ownership documents
- Environmental Impact Assessment approval (for larger projects)
- County government building permit
Larger projects require environmental compliance which emphasize sustainable construction practices. This environmental compliance involves proving that your project has:
- Efficient water usage systems
- Waste management plans
- Energy conservation systems.
Step 4: Pay Registration Fees
Lastly you pay the registration fee through the various channels.
Step 5: Site Inspection
This step occurs for projects whose estimated value is above Ksh. 10 million. The NCA officials carry out a mandatory site visit before issuing approval.
Step 6: Receive Approval Certificate
This usually occurs 14 days after the application. It proves that the project, contractor or skilled worker meets the necessary requirements.
Common Challenges and How to Overcome Them
The NCA approval requirements in Kenya are seen as a major huddle for individuals. It is quite common for applicants to encounter challenges when seeking NCA approval.
- Incomplete documentations
One of the major reasons why applications are rejected is missing documents. Within the website, they have an NCA’s document checklist, which applicants are encouraged to use to ensure that all documents are available. If possible, include the output of a professional to ensure your submission is complete. Also ensure to keep a copy of all the submitted documents.
- Technical non-compliance
One of the major benefits of hiring the best architectures in Kenya, is that they ensure that the designs comply with building codes. In case they are not in compliance, the project cannot be approved. To prevent this, it is necessary to work with the best qualified architects and the best engineers in Kenya as they are aware of the Kenyan building codes. NCA technical officers can also be instrumental in preliminary consultations.
- Delayed inspections
There are projects that require site inspection. In such cases, steps should be taken to avoid delays. They include:
- Schedule inspections in advance as per the project dates and plans
- At the time of inspection, ensure the site is accessible and ready for inspection.
- Continually communicate with the site supervisor.
Fee calculation Errors
Within the NCA website, there is a fee calculator tool, that can help to calculate the appropriate fees. Be sure to double check the project cost estimations, with the input of quantity surveyors, especially for complex projects.
How Timely Construction and Engineering Survey Can Help
Timely Construction and Engineering Survey can help you navigate the NCA approval requirements. The company specializes in:
- Compliance Management – Timely Construction and Engineering Survey is highly dedicated in the construction industry of Kenya. As such, they continually seek out information on the regulatory requirements and any other change that occurs. This helps them to take their clients through the entire approval process.
- Professional Documentation: as specialist, Timely Construction and Engineering Survey prepares and submit all necessary documentation to ensure fast approval.
- Technical Expertise: further to ensure approval, Timely Construction and Engineering Survey has the invested in engineers and architects that ensures all project designs meet the NCA standards.
- Project Registration: Timely Construction and Engineering Survey can help clients handle NCA project registration efficiently. As professionals, they avoid common pitfalls and thus avoid delays.
- Ongoing compliance – it is necessary to continually maintain the necessary documentations, approvals and NCA requirements.
Our clients offer a testimony that they received their NCA approval 40% faster than when they were doing the process independently. Timely Construction and Engineering Survey ensures a smooth processing and approval, thus giving clients the ability to start and finish their projects as per the stipulated time, with minimal interruptions.
Conclusion
Timely Construction and Engineering Survey is committed to offering their client the best, where they use minimum resources and time to achieve their dream building and construction. One way of this is through meeting the NCA approval requirements in Kenya. Securing this approval is a major step towards the success of the construction journey. It is the start of a project where you are sure that your investment is protected, and that your project is legal and safe. When done on an individual level, NCA approval can be viewed as a demanding process, but with a trusted professional partner, you can save significant time, money and stress.
Are you ready to start your construction project on the right foundation? Contact Timely Construction and Engineering Survey today for a free consultation on NCA approval and comprehensive construction support. Our professional team is eager to guide you through every step, ensuring that your projects meet all regulatory requirements while ensuring maximum value and quality.
Visit our website at https://timely.co.ke/ to learn how we can help make your construction project a success from the ground up.