Who Is Responsible for Building Safety in Kenya? What Every Buyer Should Know Before Signing
Who makes sure a building is safe in Kenya? Meet the people and agencies responsible for building safety in Kenya, and the documents to check before you buy, rent or invest. Understanding who is responsible for building safety in Kenya is crucial for every buyer.
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Most of us choose a home by how it feels: the light in the living room, the neighbourhood, the school run. Few of us ask the quieter question that matters most: who made sure this building is safe to stand in?
That question has been on many minds since the Eastleigh collapse on 23 October 2026. Investigators are still working to establish what happened, and we won’t guess at causes. What we can do is explain how safety is meant to work in Kenya, where the system has gaps, and how you can protect yourself, whether you’re buying, renting or investing.
The Short Answer: Everyone in the Chain, and No One Alone
Building safety in Kenya is not the job of a single person or agency. Safe construction depends on coordination among the client, architect, structural engineer, geotechnical engineer and contractor, all of whom play a role in who is responsible for building safety in Kenya. Layered on top are the county and national regulators, ensuring that everyone fulfills their part in this critical system.
| Who | What they are responsible for |
|---|---|
| Developer / owner | Commissioning the project, hiring registered professionals, registering with the NCA, and obtaining approvals before building. |
| Architect | Designing to code and, at the end, certifying practical completion. |
| Structural engineer | Designing the structure and supervising that it is built as designed. |
| Contractor | Building to the approved plans, using tested materials, and holding a valid NCA licence. |
| County government | Approving building plans, inspecting at each stage, and issuing the occupation certificate. |
| National Construction Authority (NCA) | Registering projects and contractors, enforcing the code, and inspecting and suspending non-compliant sites. |
| NEMA | Environmental assessment and licensing before work begins. |
| Professional boards (BORAQS, EBK) | Registering and disciplining architects, quantity surveyors and engineers. |
Meet the Responsible Parties
The developer: where it starts
Everything starts with the person commissioning the building. Developers are expected to hire a full design team of architects, quantity surveyors, engineers and planners, and to get the architectural and structural designs approved by the county government and NEMA. The developer, rather than the contractor, is responsible for registering the project with the NCA.
Architects and engineers: the people who sign their names
Registered professionals design the building and certify it. This is why checking registration matters. Always confirm that the architect, engineer and contractor are registered with BORAQS, EBK and the NCA.
The contractor: where the plans become concrete
Even a perfect design can fail through poor materials or workmanship. Common causes of failure include poor workmanship, rogue contractors, substandard materials, missing geotechnical studies, overloading and developer greed.
The county: approvals, inspections and the occupation certificate
Before any building project begins, it must receive approval from the county government to verify legal and procedural compliance. Counties are also responsible for approving architectural plans and carrying out physical inspections at every stage of construction.
At the end, the process is clear. The architect issues a Certificate of Practical Completion, and the developer applies to the county’s Development Control office for an occupation certificate. That certificate is issued only after a final inspection confirms the building matches the approved plans and is safe for tenants.
The NCA: the national watchdog
The NCA is legally mandated to inspect construction sites and can issue suspension notices to sites that fall short. Under the process, the developer is given 14 days to comply, and may also be charged in court.
NEMA: the ground beneath the building
An environmental assessment checks whether the ground and surrounding ecosystem can handle the development before a stone is laid.
The Rulebook: The National Building Code 2024
Kenya’s building rules have had a major refresh. The National Building Code replaces the 1968 version, was published on 1 March 2024, and took effect on 1 March 2025. The NCA is the body charged with enforcing it across the construction industry, and is developing a building inspection manual based on the Code to support enforcement officers.
Rules help only if they are followed, which brings us to the gap.
Where the System Strains
Kenya does not lack regulation. Its challenge lies in enforcement. Some figures worth knowing:
- In Nairobi, 57% of ongoing sites inspected were fully compliant: 2,261 of 3,908. That means a large minority were not.
- Building collapses in Kenya have reportedly killed 30 people and injured 58 in the last five years.
- Penalties are part of the debate. Under planning law, unauthorised development or extensions can attract county fines of up to Sh500,000, up to two months in prison, or both. Nairobi’s leadership has argued that such outcomes are too light for multi-million-shilling projects.
What Eastleigh Teaches Us, and What It Doesn’t Yet
Let’s be careful and fair here, because investigations are ongoing.
What is reported: An 18-storey building under construction on 9th Street collapsed on 23 October 2026. The NCA said the project was registered on 30 July 2025, and named the developer, contractor, architect and structural engineer in its records. Accounts differ on approvals: Nairobi County says it rejected architectural plans submitted in November 2024, while the developer says the building had received all necessary approvals. Investigators are examining discrepancies in the approval records, and the ODPP has directed the DCI to investigate whether acts or omissions by county officials, the developer, contractors or other professionals contributed.
What is not established: the cause. The NCA has not determined what caused the collapse or attributed responsibility to any named party.
The lesson for buyers: An NCA registration number is a starting point, not proof of safety. A registered project is not automatic proof that every aspect of the finished building is compliant or safe to occupy. Registration, county plan approval, NEMA licensing and occupation certification are separate checks. You want to see all of them.
Your Safety Checklist, Stage by Stage
If you are buying off-plan
- Ask for the county-approved building plans, the NCA project registration, and the NEMA licence.
- Verify that the architect, engineer and contractor are registered with BORAQS, EBK and the NCA.
- Consider hiring an independent structural engineer to evaluate the designs and visit the site, to confirm the developer is building as per those designs.
- Visit regularly and compare what you see with the approved plans.
If you are buying a completed home
- Request the occupation certificate. Ask to see it, not just hear about it.
- Ask for the full approval history and any maintenance records. Consistent maintenance often reflects responsible management, while missing or poor records may indicate neglect.
- Commission an independent inspection before you pay in full.
If you are renting
- Ask the landlord or property manager to show the relevant approvals.
- Remember that a building can look complete without having met the requirements for occupation.
- Be cautious about floors being added above occupied units. The NCA has cautioned that extending a building upwards while tenants occupy the lower floors is illegal, and the existing structure must be assessed first.
If you are investing
- Treat compliance as part of your return. Overlooking approvals can create costs well beyond repairs, and off-plan buyers can face complications if a developer fails to complete, departs from approved plans, or cannot obtain occupation approvals.
- Remember that a clean title does not prove the structure is safe.
Red Flags to Walk Away From
- A developer who can’t or won’t show documents
- Construction on a site with no visible registration details
- Cracks in columns or beams, or tilting walls
- Pressure to pay quickly or skip inspection
- Professionals who can’t be verified on official registers
- Upper floors being added to an occupied building without clear approvals
If you see warning signs, report them to the relevant county building department.
What Premium Quality Really Means
At the high end of the market, we think of quality as finishes, views and location. True quality starts earlier: foundations designed for the soil, tested materials, registered professionals, and independent oversight. A beautiful home is only a good investment if it is also a safe one. Developers who welcome your questions, and put the paperwork in your hands without being asked, are signalling the same professionalism they bring to the build.
Frequently Asked Questions
Who is responsible if a building collapses in Kenya?
There is rarely one party. Responsibility can involve the developer, designers, contractor and regulators, and it is determined through investigation. Eastleigh’s inquiry is examining exactly this.
What is an occupation certificate, and why does it matter?
It confirms that a completed building has been inspected and matches approved plans. Insist on seeing it before you buy or move in.
How do I check whether a contractor or architect is registered?
Verify with the NCA for contractors, and with BORAQS and EBK for architects and engineers.
Is NCA registration proof that a building is safe?
No. It confirms the project is registered, but you still need county approval, a NEMA licence and an occupation certificate.
What should I do if I notice cracks in my building?
Move to safety if there’s immediate danger, then report it to the county building department and your landlord or management.
Final Thoughts
Safe buildings are not an accident. They are the result of many people doing their jobs well, and of buyers who ask good questions. You can’t inspect every beam yourself, but you can ask for the right documents, involve independent experts, and choose partners who welcome scrutiny.
At Block Real Estate, we believe a home should give you peace of mind as well as pride. If you’re weighing a purchase and want a trusted advisor to walk you through the approvals, the paperwork and the right questions to ask, get in touch with our team for a personal, no-pressure conversation.