Frequently Asked Questions
Construction Processes
What is the biggest avoidable cause of delays overall?
Sequencing errors and inconsistent paperwork. These approvals are strictly interdependent. Trying to process them out of order, or submitting documents where the plot numbers or owner names slightly differ across the County, NEMA, and NCA applications, will force you to restart steps and cost you months of rework
How fast is the NCA project registration process?
The National Construction Authority is actually the fastest step—if your file is in order. Registration typically takes 2 to 4 weeks.
Common causes of delay: The NCA will immediately block your application if your architect, structural engineer, or contractor has a lapsed annual practicing license. Because the NCA cross-checks your other permits, any missing prerequisite documents (like your County PPA2 form or NEMA license) will also stop your NCA registration in its tracks.
How long does NEMA take to issue an environmental license?
NEMA timelines vary heavily based on your project’s risk profile. A low-risk project requiring a simple Summary Project Report might be cleared in 3 to 4 weeks. However, a medium or high-risk project requiring a Comprehensive Study Report can take 3 to 6 months because of the legally mandated public participation and review periods.
Common causes of delay: The biggest mistake developers make is treating NEMA as an afterthought. Waiting until the architectural designs are finalized to start the Environmental Impact Assessment (EIA) often stalls the entire project, as NEMA’s public review periods cannot be rushed
What are the common causes of delay in approval?
Common causes of delay: The most frequent bottleneck is unpaid land rates. Counties will instantly reject or hold an application until you present a current land rates clearance certificate. Other common delays include zoning conflicts (e.g., trying to build commercial on residential land), un-stamped drawings, or mismatched ID names and title deeds
How long does the entire building approval process usually take from start to finish?
Are there any indirect costs related to these approvals?
Yes. You cannot apply for any of these statutory approvals without the correct documentation. Before paying government fees, you must cover the professional fees of registered Architects, Structural Engineers, and Quantity Surveyors who must prepare, stamp, and sign the official drawings and cost estimates required for submission
Is there a fee to register my project with the National Construction Authority (NCA)?
No, registering a construction project with the NCA is currently free of charge, following the removal of the previous 0.5% construction levy. However, to receive your compliance certificate, you are legally required to engage an NCA-registered contractor who holds a valid, paid-up annual practicing license.
How much does NEMA charge for environmental clearance?
NEMA strictly charges a statutory processing fee of 0.1% of the total project cost.
The minimum fee is KES 10,000.
The maximum fee is capped based on the project’s risk profile: KES 1 million for low-risk, KES 2 million for medium-risk, and KES 5 million for high-risk projects.
Note: This statutory fee is separate from the private professional fee you must pay to a NEMA-registered Lead Expert to conduct the Environmental Impact Assessment (EIA).
What are the County Government building approval fees?
The County Government accounts for the largest share of your approval budget. While exact figures vary depending on the specific county and local zoning regulations, the charges typically include:
Building Plan Approval Fee: Usually around 1% of the estimated construction cost, or charged as a fixed rate per square meter of floor area.
Lodgement Fee: A small administrative fee for processing your application through physical planning portals.
Hoarding Permit: A recurring fee (often monthly) required if your construction fencing or materials will encroach on pavements or public land.
Certificate of Occupation: A final fee paid to request the concluding inspection before the building can be legally occupied.
What is the process in obtaining permission to Construct a building in Kenya?
Building a permanent structure in Kenya involves a strict, multi-agency regulatory process. Skipping these steps can result in heavy penalties, stop orders, or demolition.
Here is the mandatory chronological process you must follow:
1.Verify Land Ownership:
Before any design begins, secure your Title Deed, an Official Land Search, Land Rates Clearance, and a Survey Map to prove the land is legally yours and dispute-free.
2.Hire Licensed Professionals:
Engage a BORAQS-registered Architect, an EBK-registered Structural Engineer, and a Quantity Surveyor to prepare your designs and cost estimates. The county will instantly reject applications submitted by unlicensed individuals.
3.Get County Government Approval:Required before breaking ground.
Submit all architectural and structural drawings to your local county’s physical planning department. Pay the required fees to receive your PPA2 form and officially stamped drawings.
4.Secure NEMA Clearance:Required for commercial and medium-to-large residential projects.
Hire a licensed expert to conduct an Environmental Impact Assessment (EIA) and obtain an environmental compliance license from the National Environment Management Authority (NEMA).
5.Register with the NCA:
Submit your approved plans, NEMA certificate, and your contractor’s valid NCA license to the National Construction Authority. You must visibly display the issued NCA site board at all times during construction.
6.Construct and Pass Inspections:
Build strictly according to the stamped plans. Throughout the build, expect unannounced site visits from County, NEMA, and NCA officials to enforce structural compliance and worker safety.
7.Obtain a Certificate of Occupation:Required before move-in or utility connection.
Once the building is finished, apply for a final county inspection. You can only legally occupy, rent out, or permanently power the building after receiving this certificate to confirm it is safe for habitation.
Tender Consultancy/Contractor Support
Why do I have to fill out a Confidential Business Questionnaire?
The Confidential Business Questionnaire is a standard statutory form included in tender documents. You are required to fill it out to declare critical business details, disclose any ongoing litigation, confirm directors’ identities, and legally attest that your firm is not debarred from participating in public procurement. Failure to complete this accurately usually leads to immediate disqualification
What is Bid Security, and why is it required?
A Bid Security (also known as a Tender Security or Bond) is a financial guarantee typically issued by a reputable bank or approved insurance company. Submitted alongside your tender, it financially protects the client by ensuring you will not withdraw your bid or refuse to sign the contract if you are awarded the project.
How is my financial capacity evaluated during the bidding process?
Clients need assurance that you can cash-flow the project. You will be required to submit Audited Accounts—comprehensive financial statements (usually for the preceding 2 to 3 years) examined by an independent auditor to prove your financial health and liquidity. Furthermore, you may need to provide a Credit Line, which is a formal, conditional letter of commitment from a bank stating they will provide you with specific working capital if the tender is successful.
How do I prove to evaluators that I have the technical capacity to execute the project?
You must demonstrate capacity through two main avenues:
Key Resources: You must show evidence that you own, lease, or employ the essential physical equipment (e.g., excavators, concrete mixers) and qualified personnel (e.g., site engineers, project managers) needed for the project.
Past Performance: You must provide documented evidence of your historical track record. This is proven by submitting formal Completion Certificates, handover documents, and signed contracts for previous projects of a similar scope, complexity, and value.
Will I need any other certifications beyond the NCA?
Depending on the scope of the project, you may need Specialized Certifications. These are statutory accreditations required for specific trades within a project, such as EPRA (Energy and Petroleum Regulatory Authority) clearance for electrical and solar works, or NEMA clearances for environmental compliance.
What is the difference between NCA Registration and an NCA Annual Practicing License?
NCA Registration is a certification by the National Construction Authority that assesses and categorizes your firm (e.g., NCA 1 to NCA 8) based on your financial capacity, technical expertise, and experience. However, registration alone isn’t enough; you must also provide an NCA Annual Practicing License. This yearly renewable license proves that your firm is currently active, compliant, and legally cleared to undertake construction works in the present calendar year.
Do I need a special portal account for public sector projects?
Yes. If you are bidding for public sector or government-funded projects, e-GP Registration (Electronic Government Procurement) is mandatory. This enrollment (often via platforms like the IFMIS portal) allows contractors to digitally access, submit, and manage their bids
What tax-related documents are mandatory for tender responsiveness?
Evaluators require strict proof of tax compliance. You must provide your KRA PIN, which is your unique identifier for all tax-related transactions and electronic procurement. Alongside this, a current KRA Tax Compliance Certificate is mandatory to confirm that your firm has filed all required returns, paid its tax liabilities, and remains in good standing with the Kenya Revenue Authority.
What basic legal documents must I have to prove my company is eligible to bid?
o prove your business is a legally recognized corporate entity capable of entering into binding contracts, you must provide your Certificate of Incorporation (or Registration). Additionally, you will need a Valid CR12, which is an up-to-date document issued by the Registrar of Companies that explicitly lists your current directors, shareholders, and share distribution to verify ultimate ownership and check for conflicts of interest. Finally, a Single Business Permit from your respective County Government is required to prove you are legally permitted to operate a commercial enterprise in that jurisdiction
