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Required Documentation for Contractors Before Starting a Construction Project in Kenya
The required documentation for a construction project in Kenya is a critical subject in the construction industry. Whether you’re a budding project manager, an architect, or a seasoned contractor, understanding the paperwork and approvals needed is essential to ensure compliance, avoid costly delays, and maintain professional standards. To be honest, over 50% of building construction projects do not follow most of these regulation set by regulation bodies. The problem to all this is rooted in failure of enforcement by the same bodies that set up these regulations. This article breaks down the required documentations that are required by contractors before commencing any project.
What Documentation Is Required for Contractors Before Starting a Construction Project in Kenya?
Before breaking ground, contractors in Kenya must secure a range of documents and approvals from various regulatory bodies. These requirements are designed to ensure that construction projects are safe, legal, and environmentally responsible.
Key Entities Involved
National Construction Authority (NCA)
Kenya Revenue Authority (KRA)
National Environment Management Authority (NEMA)
County Governments
Registrar of Companies
Board of Registration of Architects and Quantity Surveyors (BORAQS)
Company Registration and Legal Requirements
Certificate of Incorporation
Every contractor or construction company must first be legally registered. This means obtaining a Certificate of Incorporation from the Registrar of Companies in Kenya. This document establishes the business as a legal entity, whether local or foreign.
Required Information for Company Registration:
| Requirement | Details |
|---|---|
| Preferred Company Names | At least three options |
| Company Activities | Summary of intended business activities |
| Directors’/Shareholders’ IDs | Copies of passports or national IDs |
| Passport Photos | For all directors and shareholders |
| Contact Details | Addresses, phone numbers, emails, occupations |
Tax Compliance
All contractors must obtain a KRA Tax Compliance Certificate. This certificate demonstrates that the company is up to date with its tax obligations, a prerequisite for most government and private contracts.
National Construction Authority (NCA) Registration
The NCA is the primary regulatory body for contractors in Kenya. Registration with the NCA is mandatory and classifies contractors based on their capacity and experience, ranging from NCA 1 (unlimited contract value) to NCA 7 (contracts up to Ksh 20 million).
Documents Required for NCA Registration:
| Document | Purpose/Notes |
|---|---|
| Company Registration Certificate & CR12 | Proof of legal existence |
| Academic Certificates (Directors/Staff) | Must be in construction-related fields |
| KRA Tax Compliance Certificate | Proof of tax compliance |
| Business License | Valid, current |
| Proof of Experience | Past or ongoing projects, if any |
| Proof of Equipment/Assets | Ownership or lease documents |
| Directors’ CVs | Detailing relevant experience |
Additional Requirements for Foreign Contractors
Foreign companies must obtain a special clearance certificate from the NCA, valid only for the specific project. They must also commit to transferring technical skills to local professionals and are restricted to the projects for which they are cleared.
Project-Specific Approvals and Documentation
Building Permits and Approvals
Before any construction can begin, contractors must secure several key approvals:
| Approval Type | Issuing Entity | Description |
|---|---|---|
| Architectural Plan Approval | County Government | Ensures designs meet local regulations |
| Structural Plan Approval | County Government | Verifies structural integrity |
| Environmental Impact Assessment (EIA) License | NEMA | Assesses and mitigates environmental risks |
| NCA Project Registration | National Construction Authority | Registers the specific project for regulatory oversight |
Essential Contract Documents
A robust construction contract is built on several critical documents, which define the scope, obligations, and standards for the project:
Main Contract Documents
| Document | Description |
|---|---|
| Agreement & Conditions of Contract | Sets out the legal relationship, obligations, and dispute procedures |
| Form of Tender | Contractor’s formal offer and project cost |
| Specifications | Detailed description of materials, workmanship, and standards |
| Bills of Quantities (BQs) | Itemized list of works and quantities, prepared by a registered Quantity Surveyor |
| Contract Drawings | Architectural, structural, MEP drawings detailing the scope of work |
Supporting Documents
Project Manager’s appointment letter
Practicing certificates for Quantity Surveyors, Architects, and Engineers
Approved project signboard (must display key professionals and approval numbers)
Sample Table: Construction Project Documentation Checklist
| Stage | Document/Approval | Responsible Entity | Notes |
|---|---|---|---|
| Company Formation | Certificate of Incorporation | Registrar of Companies | Required for all contractors |
| Tax Registration | KRA Tax Compliance Certificate | Kenya Revenue Authority | Annual renewal |
| NCA Registration | NCA Certificate (Class 1-7) | National Construction Authority | Based on company capacity |
| Project Approval | Architectural & Structural Plan Approval | County Government | Submit through e-permitting |
| Environmental | EIA License (NEMA Approval) | NEMA | Required for all risk categories |
| Project Registration | NCA Project Registration | NCA | Project-specific |
| Contract Execution | Main Contract Documents | Project Team | See detailed list above |
| Site Preparation | Project Signboard | Contractor | Must display all approvals |
Step-by-Step Process: From Application to Approval
Understanding the Building Permit Process
A building permit is an official authorization from the relevant county or national authority, confirming that your proposed building meets established design, safety, and environmental standards. In Kenya, building permits are mandatory for all construction projects, regardless of type or size1. Attempting to construct without one can result in severe penalties, including fines and demolition.
Key Steps in the Building Permit Process
| Step | Action | Responsible Entity | Notes |
|---|---|---|---|
| 1 | Obtain survey plan | Registered Surveyor | Requires title deed as proof of ownership |
| 2 | Prepare architectural drawings | Registered Architect | Must be certified and accompanied by architect’s practicing certificate |
| 3 | Prepare structural drawings | Registered Structural Engineer | Must be certified and accompanied by engineer’s practicing certificate |
| 4 | Submit plans for approval | County Government | Both architectural and structural plans reviewed |
| 5 | Pay approval fees | County Government | Fees vary by county and project size (e.g., 1% of estimated cost) |
| 6 | Obtain EIA report | Certified Environmental Expert | Submit to NEMA for environmental approval |
| 7 | Register project with NCA | Contractor | Submit all approvals, certificates, and project details |
| 8 | Site inspections | NCA, County | Compliance checks before and during construction |
What Documents Are Needed for Building Permit Application?
To apply for a building permit in Kenya, you’ll need to assemble a comprehensive set of documents:
Certified architectural drawings and architect’s practicing certificate
Certified structural drawings and structural engineer’s practicing certificate
Proof of land ownership (title deed)
Survey map of the plot
Land rates clearance receipt
Duly filled indemnity and disclaimer forms (for large projects)
Environmental Impact Assessment (EIA) report and NEMA approval
Bills of Quantities and Quantity Surveyor’s practicing certificate
NCA Project Registration: What’s Required?
Registering your project with the National Construction Authority (NCA) is a legal requirement. The NCA ensures that only qualified professionals and compliant projects proceed. For NCA registration, submit:
Approved architectural and structural plans
Practicing certificates for architect, structural engineer, and quantity surveyor
NEMA approval license
Contractor’s NCA registration certificate
Signed contract agreement between client and contractor
Continuous Monitoring and Compliance
Compliance doesn’t end with approvals. The National Building Code 2024 and county authorities require ongoing monitoring:
Site inspections: Conducted by NCA and county officials to ensure adherence to approved plans and standards
Performance evaluations: Regular checks on contractor performance and safety
Record keeping: Maintain accurate records of all approvals, certificates, and inspection reports
Compliance with Building Codes and Regulations
What Are the Main Building Codes in Kenya?
Kenya’s construction sector is governed by the National Building Code 2024 and various county-level by-laws. These codes set minimum standards for:
Structural design and safety
Fire safety
Sanitation and accessibility
Sustainable construction practices
Key Compliance Points:
Engage only registered professionals (architects, engineers, surveyors)
Adhere to all safety, sustainability, and accessibility provisions
Obtain and display all necessary permits and approvals on-site
Penalties for Non-Compliance
Failure to comply with Kenya’s construction regulations can lead to:
Fines and legal action
Suspension or revocation of permits
Demolition of unauthorized structures
Blacklisting of contractors and professionals
Table: Typical Timeline for Documentation and Approvals
| Activity | Estimated Timeframe | Responsible Party |
|---|---|---|
| Company registration | 21 days | Registrar of Companies |
| NCA registration | 30 days | NCA |
| Building permit approval | 7-30 days (varies by county) | County Government |
| EIA/NEMA approval | 30-90 days | NEMA |
| Project registration | 7-14 days | NCA |
Frequently Asked Questions
What is the role of the National Construction Authority (NCA) in project documentation?
The NCA regulates and registers contractors, classifies them based on capacity, and ensures only qualified entities undertake construction projects. The NCA also registers individual projects, providing oversight and ensuring compliance with safety and quality standards
What are the main contract documents required for a construction project?
The main documents include the agreement and conditions of contract, form of tender, specifications, bills of quantities, and contract drawings. These documents are essential to define the project's scope, cost, quality, and legal obligations
Are there special requirements for foreign contractors?
Yes, foreign contractors must obtain a clearance certificate from the NCA, commit to skill transfer, and are limited to the project for which they are registered. They must also submit an affidavit not to undertake other projects in Kenya without additional clearance
What permits are required before construction begins?
Contractors must secure approvals for architectural and structural plans, an EIA license from NEMA, and project registration with the NCA. In certain cases, additional permits may be required for projects near protected areas or involving foreign contractors
How long does the approval process take?
Timelines vary, but company and NCA registration can take up to 30 days each, while building permit approval may take 7-30 days depending on the county
