Building Surveyors Act

Section 1. Short title Section This Act may be cited as the Building Surveyors Act.

Section 2. Interpretation Section In this Act, unless the context otherwise requires— "Board" means the Building Surveyors Registration Board established by section 3 ; "building maintenance" means work undertaken in order to keep, restore or improve a facility or a part of the building, its services and surroundings to a currently acceptable standard and to sustain the utility and value of the facility and includes inspection, testing, servicing, classification to serviceability, repair, refurbishment, rebuilding, rehabilitation, reclamation, preparation of costed maintenance schedules, planning, budgeting and management of maintenance works; "building maintenance manual" means a compilation of specific maintenance actions, standards and guidelines for use in the maintenance of a building, building services and its surrounding; "building surveyor" means a person registered under section 22 ; "Cabinet Secretary" means the Cabinet Secretary for the time being responsible for matters relating to housing; "Chairperson" means the Chairperson of the Board appointed under section 5 ; "facilities management" means the integration of multi-disciplinary activities within the built environme...

Section 3. Establishment of the Board Section 3(1) There is hereby established a Board to be known as the Building Surveyors Registration Board. Section 3(2)(a) suing and being sued; Section 3(2)(b) taking, purchasing or otherwise acquiring, holding, charging and disposing of movable or immovable property; Section 3(2)(c) borrowing money; Section 3(2)(d) entering into contracts; and Section 3(2)(e) doing or performing all such other things or acts as may legally be done or performed by a body corporate for the proper discharge of its functions under this Act.

Section 4. Functions of the Board Section 4(1) The Board shall be responsible for registering and regulating the activities and conduct of building surveyors in accordance with the provisions of this Act. Section 4(2)(a) promote the practice of building surveying that complies with universally accepted norms and values; Section 4(2)(b) prescribe the minimum requirements and consider and approve the qualifications of persons wishing to be registered as building surveyors under this Act; Section 4(2)(c) maintain a register of all persons or firms registered under this Act; Section 4(2)(d) review and designate categories within the building surveying profession under which a person or firm may be registered; Section 4(2)(e) issue registration certificates and annual practising license certificates to persons and firms qualified under this Act; Section 4(2)(f) levy such fees as it may determine for registration and grant of the annual practising license including, other fees that the Board may consider necessary for the furtherance of its objectives; Section 4(2)(g) regulate the activities and conduct of registered persons and firms; Section 4(2)(h) establish and maintain a professiona...

Section 5. Composition of the Board Section 5(1)(a) a Chairperson, who shall be in private practice and a member of the Institution of Surveyors of Kenya (Building Surveyors Chapter); Section 5(1)(b) four persons who shall be public officers and members of the Institution of Surveyors of Kenya (Building Surveyors Chapter); Section 5(1)(c) three persons who are full members of the Institution of Surveyors of Kenya (Building Surveyors Chapter) appointed from persons nominated by the Institution of Surveyors of Kenya; Section 5(1)(d) one person who is a member of the Institution of Surveyors of Kenya (Building Surveyors Chapter) and who is a member of a recognized University; and Section 5(1)(e) the Registrar. Section 5(2) In appointing members of the Board under subsection (1), the Cabinet Secretary shall ensure that no gender exceeds two thirds of the membership of the Board.

Section 6. Conduct of business and affairs of the Board Section 6(1) The conduct and regulation of the business and affairs of the Board shall be as provided in the Schedule. Section 6(2) Except as provided in the Schedule, the Board may regulate its own procedure.

Section 7. Committees of the Board Section 7(1) The Board may establish committees which shall consist of such number of members of the Board as the Board may deem appropriate to perform such functions and duties as the Board may determine. Section 7(2) The Board shall appoint the Chairpersons of committees established under subsection (1), from among its members. Section 7(3) The Board may where it considers it appropriate, co-opt any person from outside the Board with knowledge and expertise in specific areas to attend the deliberations of any of its committees. Section 7(4) All decisions by the committees established under subsection (1) shall be ratified by the Board.

Section 8. Tenure of office Section 8(1) The Chairperson or member of the Board, except an ex officio member, shall hold office for a term of three years on such terms and conditions as may be specified in the instrument of appointment but shall be eligible for re-appointment for one further term. Section 8(2)(a) at any time resign from office by notice, in writing, to the Cabinet Secretary; Section 8(2)(b) has been absent from three consecutive meetings of the Board without the permission of the Board; Section 8(2)(b)(i) has been absent from three consecutive meetings of the Board without the permission of the Board; Section 8(2)(b)(ii) is convicted of a criminal offence and sentenced to imprisonment for a term of not less than six months; Section 8(2)(b)(iii) is incapacitated by prolonged physical or mental illness for a period exceeding six months; Section 8(2)(b)(iv) ceases to be a registered person under this Act; Section 8(2)(b)(v) is otherwise unable or unfit to discharge functions of the office; Section 8(2)(b)(vi) is deceased; Section 8(2)(b)(vii) has been declared bankrupt; or Section 8(2)(b)(viii) where a member appointed by virtue of being a public officer, ceases to be...

Section 9. Remuneration and allowances Section The Chairperson, members and staff of the Board shall be paid such remuneration or allowances as the Public Service Commission shall, on the advice of the Salaries and Remuneration Commission determine.

Section 10. The seal of the Board Section 10(1) The seal of the Board shall be kept in the custody of the Registrar. Section 10(2) The affixing of the seal shall be authenticated by the Chairperson of the Board and the Registrar. Section 10(3) Any document purporting to be under the seal of the Board or issued on behalf of the Board shall be received in evidence and shall be deemed to be so executed or issued, as the case may be, without further proof, unless the contrary is proved. Section 10(4) Notwithstanding subsection (2), the Board shall, in the absence of the Chairperson or the Registrar, nominate one member of the Board to authenticate the seal on behalf of either the Chairperson or the Registrar. Section 10(5) A deed, instrument, contract or other document executed in accordance with subsection (2) shall bind the Board.

Section 11. Protection from personal liability Section 11(1) No matter or thing done by a member of the Board or any officer, employee or agent of the Board shall, if the matter or thing is done in good faith for executing the functions, powers or duties of the Board, render the member, officer, employee or agent or any person acting under the directions personally liable to any action, claim or demands whatsoever. Section 11(2) The provisions of subsection (1) shall not relieve the Board of the liability to pay lawful compensation or damages to any person for injury to the person or property.

Section 12. Appointment of the Registrar Section 12(1) There shall be a Registrar of the Board who shall be appointed by the Board. Section 12(2) The Registrar shall serve on such terms and conditions as the Board may determine. Section 12(3) The Registrar shall be the chief executive officer of the Board and the secretary to the Board. Section 12(4) The Registrar shall be an ex officio member of the Board but shall have no right to vote at any meeting of the Board.

Section 13. Functions of the Registrar Section sign, issue, renew and cancel certificates of registration and licenses as may be directed by the Board;

Section 14. Register of building surveyors Section 14(1) The Registrar shall keep and maintain a Register of all registered persons under this Act. Section 14(2)(a) date of entry; Section 14(2)(b) address; Section 14(2)(c) qualifications; Section 14(2)(d) nationality; and Section 14(2)(e) such other particulars as the Board may, from time to time, direct. Section 14(3) All changes in the particulars registered under subsection (2) shall be entered in the register by the Registrar.

Section 15. Certificate of registration Section 15(1) A person who satisfies the Board that he or he is qualified to be registered as a building surveyor shall upon application be registered as provided for in this Act. Section 15(2) Where the name of a person has been entered in the register, the Board shall issue that person with a certificate of registration, in the prescribed form, upon payment of the prescribed fee and the certificate shall remain the property of the Board. Section 15(3) Where the name of a person has been removed from the register, the Board shall give notice to that person, requiring the person to surrender the certificate of registration to the Board. Section 15(4) A person who fails to comply with the requirements of a notice given under subsection (3) within twenty-one days after the receipt of that notice commits an offence and is liable on conviction, to a fine not exceeding five hundred thousand shillings, or to imprisonment for a term not exceeding six months or to both. Section 15(5) In the event of the certificate of registration being lost or destroyed and the loss of destruction being proved to the satisfaction of the Board, the Board shall issue...

Section 16. Annual practising licence Section 16(1) Every person who has been registered under this Act shall, if he or she intends to practise in his or her professional capacity, require, in addition to such registration, an annual licence in the prescribed form on payment to the Board of the prescribed fee. Section 16(2) Every annual licence shall bear the license number and the date on which it is issued, shall be effective from that date and shall expire at the end of the licence year in which it is issued. Section 16(3) The licence year shall be from the first January to the thirty first December in each year. Section 16(4) The Registrar shall enter in the register, a notice of the date of issue of every licence issued under this Act. Section 16(5)(a) on his own account and is entitled to receive the entire amount of all fees or charges earned for his own financial benefit; or Section 16(5)(b) in partnership with others and is entitled to receive a share of the profit earned by such partnership for his own financial benefit and is liable to bear a share of any losses incurred by such partnership. Section 16(6)(a) the Government or any other public body; Section 16(6)(b) any s...

Section 17. Publication of register Section 17(1) The Board shall cause to be published in the Gazette , as soon as may be practicable after entry in the register, the name, address and qualification of each building surveyor and, subject to the directions of the Board, the Registrar may cause to be published any amendments to the register. Section 17(2) The Board shall cause to be published in the Gazette at the beginning of each year a list containing the names, addresses and qualifications of the building surveyors appearing in the register.

Section 18. Publicationprima facieevidence of registration Section Publication of the register under section 17 shall be prima facie evidence that the persons named therein are building surveyors and the deletion from the register of the name of any person notified by the publication, or the absence of the name of any person from the publication, shall be prima facie evidence that the person is not registered.

Section 19. Inspection of register Section Any person may, during normal office hours and upon payment of the prescribed fee, inspect the register or any document relating to an entry in the register and may obtain from the Registrar, a copy of an extract from the register or from any such document.

Section 20. Proof of documents Section 20(1) In any legal proceedings, a document purporting to be a copy of, or an extract from the register, shall be admissible as prima facie evidence of the contents of the register or document provided that it is certified by the Registrar. Section 20(2)(a) produce the register or any document if its contents can be proved under subsection (1); or Section 20(2)(b) appear as a witness to prove an entry in the register or the matters recorded in the register or any document unless the court, for special cause, so orders.

Section 21. Conditions and qualifications for registration Section a member of the Institution of Surveyors of Kenya (Building Surveyors Chapter); or

Section 22. Registration of building surveyor Section 22(1) Upon an application being made to the Board under section 15 and upon payment of the prescribed fee, the Board shall consider the application and if it is satisfied that the person is qualified, shall direct the Registrar to enter the name of the person in the register. Section 22(2) The final determination of an application under this section shall be made by the Board.

Section 23. Registration in exceptional circumstances Section 23(1)(a) is not ordinarily resident in Kenya; and Section 23(1)(b) intends to be present in Kenya and engage in practice as a building surveyor for the specific work for which he has been engaged, the Board may, subject to the provisions of this Act, direct that the person be registered for a period not exceeding one year. Section 23(2) An application for registration under this section shall be in the prescribed form and be accompanied by the prescribed fee. Section 23(3) The Board shall require a person registered under this section to produce documentary evidence of his or her education, work or employment immediately prior to coming to Kenya and may require that person to appear before it for the purpose of considering his or her application.

Section 24. Power to suspend registration Section caution or censure the building surveyor;

Section 25. Removal of name from register Section 25(1)(a) died; Section 25(1)(b) failed to comply with Chapter Six of the Constitution; Section 25(1)(c) failed to pay the prescribed fee; Section 25(1)(d) failed, within a period of six months from the date of an inquiry sent by the Registrar by prepaid registered letter to the address appearing in the register against his name, to respond to the inquiry of the registrar; Section 25(1)(e) requested for his or her name to be removed from the register; Section 25(1)(f) had his or her name entered in the register by mistake or by reason of any false or misleading information; Section 25(1)(g) had his or her qualification withdrawn or cancelled by the institution through which it was acquired or by which it was awarded; Section 25(1)(h) been adjudicated bankrupt; Section 25(1)(i) been found by the Board to be guilty of an act or omission contrary to the public interest or dishonest practice as specified in section 38 ; or Section 25(1)(j) been convicted of an offence under this Act. Section 25(2) Except in the circumstances specified in subsection (1) (a), the removal of a person's name from the register shall be notified by the Board t...

Section 26. Restoration of name in register Section 26(1)(a) the removal of the name from the register be confirmed; Section 26(1)(b) the name of that person be restored in the register; or Section 26(1)(c) the suspension of the registration of that person be terminated. Section 26(2)(a) the date upon which restoration in the register or the termination of a suspension of registration shall take effect; and Section 26(2)(b) the payment by the person concerned of such fee, not exceeding the fee payable on an application for registration, as the Board may prescribe.

Section 27. Procedure at inquiry Section 27(1) Upon an inquiry being held by the Board under this Act, the building surveyor in respect of whom an inquiry is held may appear at the hearing in person or may be represented by an advocate. Section 27(2)(a) administer oaths; Section 27(2)(b) summon persons to attend and give evidence; and Section 27(2)(c) order the production of documents. Section 27(3) Any summons or order issued under the hand of the Chairperson or the vice-Chairperson shall be deemed to have been issued by the Board. Section 27(4) The Chairperson, or in his absence the vice-Chairperson of the Board shall cause to be recorded a summary of any oral evidence at an inquiry held by the Board. Section 27(5) Subject to this section and to any regulations made under section 39 , the Board shall have power to regulate its own procedure. Section 27(6) For the purposes of an inquiry held under this Act, the Board shall, not less than twenty-one days prior to the date of inquiry, notify by registered post, all the persons concerned. Section 27(7)(a) refuses or neglects without sufficient cause to attend at the inquiry; Section 27(7)(b) refuses without sufficient cause to answer...

Section 28. Appeals Section not to enter the person’s name in the register;

Section 29. Funds of the Board Section such monies as may be appropriated by the Parliament;

Section 30. Financial year Section The financial year of the Board shall be the period of twelve months ending on the thirtieth June in every year.

Section 31. Annual estimates Section 31(1) At least four months before the commencement of each financial year, the Board shall cause to be prepared estimates of revenue and expenditure of the Board for the financial year. Section 31(2)(a) payment of salaries, allowances and other charges in respect of the staff of the Board; Section 31(2)(b) payment of allowances and any other emoluments to the members of the Board; Section 31(2)(c) payment of pensions, gratuities and other charges in respect of retirement benefits; Section 31(2)(d) proper maintenance of buildings, other property and grounds of the Board; Section 31(2)(e) acquisition, maintenance, repair and replacement of the equipment and other movable or immovable property of the Board; and Section 31(2)(f) creation of such reserve funds to meet future or contingent liabilities in respect of retirement benefits, where applicable, insurance or replacement of buildings or equipment, or in respect of such other matter as the Board may deem appropriate. Section 31(3) The annual estimates shall be approved by the Board before the commencement of the financial year to which they relate and once approved, the sum provided in the estim...

Section 32. Accounts and audit Section 32(1) The Board shall cause to be kept all proper books and records or accounts relating to the income, expenditure, assets and liabilities of the Board. Section 32(2)(a) a statement of income and expenditure during the year; and Section 32(2)(b) a statement of the assets and liabilities of the Board as on the last day of that year. Section 32(3) The accounts of the Board shall be audited by the Auditor-General in accordance of the Public Audit Act (Cap. 412B).

Section 33. Annual Report Section The Board shall, within three months after the end of each financial year, prepare and submit to the Cabinet Secretary a report of the operations of the Board for the immediate preceding year.

Section 34. Use of title Section Every person whose name has been entered in the register shall, so long as his name remains in the register, be entitled to adopt and use the title "Building Surveyor" and such contraction thereof as the Board may approve.

Section 35. Unregistered persons not to practice as building surveyors Section 35(1)(a) no individual shall carry on business as a practising building surveyor unless he or she is registered as a building surveyor; Section 35(1)(b) no partnership shall carry on business as practising building surveyors unless all the partners whose activities include the doing of acts by way of such practice, are building surveyors; Section 35(1)(c) no corporate body shall carry on business as building surveyors unless all the directors whose activities include the doing of acts by way of such practice, are building surveyors. Section 35(2) Any person who contravenes subsection (1) commits an offence and is liable, on conviction, to a fine not exceeding ten thousand shillings or to imprisonment for a term not exceeding one year or to both.

Section 36. Indemnity requirements Section 36(1) After the expiration of six months from the commencement of this Act, no person shall carry on business as a practising building surveyor unless there is in force in relation to his business, a guarantee bond or a policy of insurance entered into or issued by an insurance company approved by the Board guaranteeing that compensation shall be payable to persons suffering monetary loss through the professional negligence of the persons so practising. Section 36(2)(a) in the case of business carried on by an individual building surveyor, a sum of two hundred thousand shillings; Section 36(2)(b) in the case of a business carded on by two or more individuals, the sum of two hundred thousand shillings multiplied by the number of building surveyors; and Section 36(2)(c) in the ease of business carried on by a body corporate, the sum of two hundred thousand shillings multiplied by the number of directors whose acts include the doing of acts or practice as building surveyors. Section 36(3) Any person who contravenes subsection (1) commits an offence and is liable on conviction to a fine not exceeding twenty thousand shillings or to imprisonmen...

Section 37. Carrying on practice for purpose of winding up,etc. Section Notwithstanding any other provisions of this Act, where any person ceases to carry on business as a practising building surveyor by reason of his death or insolvency, or by reason of having been adjudicated as being of unsound mind, the practice may be carried on for the purposes of winding up or being disposed of by a practising building surveyor appointed in that behalf by the person for the time being authorized by law to deal with the property of such person for a period not exceeding twelve months from the date of the death or commencement of the disability.

Section 38. Dishonest practices Section fraudulently makes, causes or permits to be made, any false or incorrect entry in the register or any copy thereof; or

Section 39. Regulations Section 39(1) The Cabinet Secretary may, in consultation with the Board, make regulations generally for the better carrying out of the purposes of this Act. Section 39(2)(a) the form and method of keeping records under this Act; Section 39(2)(b) the procedure for applications for registration under this Act; Section 39(2)(c) the fees to be charged under this Act; Section 39(2)(d) the forms to be used for the purposes of this Act; Section 39(2)(e) the remuneration of building surveyors in respect of services rendered; and Section 39(2)(f) any other thing required to be prescribed.