Building Control Act, 2013

Section Commencement Section This Act shall come into force on a date appointed by the Minister , by statutory instrument.

Section Interpretation Section In this Act, unless the context otherwise requires— " access " means the possibility for any person to reach a place, maneuver within it, use a service, participate in activities provided in a public place; with dignity, independence and safety on an equal basis with others; " accessibility standards " refers to a practical guide to create a barrier-free physical environment in Uganda for all persons including persons with disabilities; " application " means an application for a building permit made under section 35 ; " architect " means a professional architect registered under the Architects Registration Act, and who is a member of the Uganda Society of Architects; " authorised agent " means a person authorised by a Building Committee to act on its behalf; " Board " means the National Building Review Board established by section 3 ; " building " means— (a) any structure, whether of a temporary or permanent nature, and, irrespective of the materials used in its erection , erected or used for or in connection with— (i) the accommodation or convenience of human beings or animals; (ii) the manufacture, processing, storage or sale of any goods; (iii) the...

Section Official seal of the Board Section Every document purporting to be— The official seal of the Board shall be in a form determined by the Board and shall be kept in the custody of the Secretary. The official seal shall, when affixed to any document, be authenticated by the signatures of the Chairperson and the Secretary. In the absence of the Chairperson , one other member of the Board appointed by the Minister for the purpose shall sign in the place of the Chairperson . A person performing the functions of the Secretary shall sign in the absence of the Secretary. A contract or instrument which if entered into or executed by a person not being a body corporate would not be required to be under seal, may be entered into or executed without seal on behalf of the Board by the Secretary or any other person authorised for that purpose by the Board . an instrument issued by the Board and sealed with the official seal of the Board and authenticated in the manner prescribed by this section; or a contract or instrument entered into or executed under subsection (5);

Section Board’s power to co-opt persons Section The Board may co-opt any person who, in the opinion of the Board , has expert knowledge concerning the functions of the Board and who is likely to be of assistance to the Board , to attend and take part in the proceedings of the Board . A person attending a meeting of the Board under subsection (1) may take part in any discussion at the meeting on which his or her advice is required, but shall not have a right to vote at that meeting.

Section Meetings of the Board Section Schedule 2 has effect with respect to the meetings and procedure of the Board and other matters provided for in that Schedule.

Section Committees of the Board Section The Board may appoint committees to advise it on any matter concerning the functions of the Board as the Board may determine. A committee appointed under subsection (1) shall consist of a Chairperson who shall be a member of the Board and such other persons, whether members of the Board or not, as the Board may determine. The Board may delegate any of its functions under this Act to a committee appointed under this section, subject to any limitations imposed by the Board . The Board may require any committee appointed under this section to act jointly or in co-operation with any other committee. Subject to any direction given by the Board , a committee appointed under this section may regulate its own procedure. Members of a committee appointed under this section may be paid such allowances as the Board may, with the approval of the Minister , determine.

Section Establishment of the Board Section The Board shall be a body corporate with an official seal and may, for the discharge of its functions under this Act— There is established a National Building Review Board acquire, hold and dispose of moveable and immoveable property; sue and be sued; and do all acts and things as a body corporate may lawfully do.

Section Composition of the Board Section The Board shall consist of— one representative of each of the following professions, nominated for appointment by the relevant professional body or association— one representative of the department responsible for building works; one representative of the department responsible for physical planning; one representative of the ministry responsible for water and environment; one representative of the department responsible for housing; a representative of the Ministry responsible for persons with disabilities; engineers; architects; physical planners; surveyors; lawyers; a public health officer from the Ministry responsible for health; a representative of persons with disabilities nominated for appointment by the National Council for Disability; a representative of workers nominated for appointment by the national trade union centres; a representative of Uganda Local Authorities Association of Uganda nominated for appointment by the Uganda Local Governments Association; a representative of Urban Authorities Association of Uganda nominated for appointment by the Association of Urban Authorities; one person from the private sector nominated for...

Section Disqualification from appointment as member Section A person shall not be appointed to the Board who is an undischarged bankrupt or who has made any assignment or arrangement with his or her creditors.

Section Tenure of office of Board members Section A member of the Board may be removed from office by the Minister at any time if the member— The Minister may terminate or suspend the Board — A member of the Board shall hold office for three years and is eligible for reappointment for one more term. The Minister shall appoint the first members of the Board within six months after the coming into force of this Act. A member of the Board may, at any time, resign his or her office by letter addressed to the Minister . is inefficient or incompetent; is incapacitated by mental or physical illness that renders him or her incapable of performing the functions of member of the Board ; has been absent for more than four consecutive meetings of the Board , or is absent from Uganda for more than twelve months without reasonable cause; is declared bankrupt; or where a member ceases to be a member of the body which nominated him or her. for misappropriation of the funds of the Board ; and for failure to implement the functions of the Board under this Act.

Section Remuneration of Board members Section The Chairperson and other members of the Board shall be paid such remuneration as the Minister may determine in consultation with the Minister responsible for finance and Minister responsible for public service.

Section Filling of vacancies of the Board Section Where a vacancy occurs in the membership of the Board , the Minister may appoint another person qualified in terms of section 4 to fill that vacancy. Where a person is appointed to fill a vacancy under subsection (1), that person shall hold office for the remainder of the term of the previous member and, subject to this Act, is eligible for re-appointment.

Section Functions of the Board Section The functions of the Board are— to monitor building developments; to ensure that the design and construction of buildings and utilities to which the public is to have access cater for persons with disabilities; to oversee, inspect and monitor the operations of Building Committees; to prepare and submit to the Minister , reports relating to any matter under this Act, as the Minister may require; to hear and determine appeals from persons dissatisfied with the decisions of a Building Committee ; to determine the fees to be charged by urban and district building committees for approval of plans, issue of building permits and occupation permits; and to perform any other function conferred on it by this Act.

Section Secretariat Section The Board shall have a Secretariat consisting of an Executive Secretary and other staff.

Section Executive Secretary Section The Executive Secretary of the Board shall be appointed by the Board on terms and conditions specified in the instrument of appointment. The Executive Secretary shall be a person with professional qualifications and experience in law, management or public administration. The Executive Secretary shall hold office for four years and is eligible for reappointment for two consecutive terms only.

Section Functions of Executive Secretary Section Subject to this Act and to the general supervision and control of the Board , the Executive Secretary is responsible for— The Executive Secretary shall, in addition to his or her functions, be the secretary to the Board and shall— The Executive Secretary shall cease to hold office if— he or she is removed from office by the Board for— The Executive Secretary shall be the chief executive officer of the Board and is responsible for the day-to-day operations and administration of the Board . the implementation of the policies and programmes of the Board ; the funds and property of the Board ; the organisation and control of the staff of the Board ; and performing any other duty that may be assigned to him or her by the Board . take the minutes of meetings of the Board and keep a record of all the transactions of the Board ; have custody of the seal of the Board ; and carry out such other functions as the Board may assign to him or her. The Executive Secretary is, in the performance of his or her functions, answerable to the Board . he or she resigns; inability to discharge the functions of his or her office arising out of physical or me...

Section Other officers and staff of the Board Section The Board may appoint other officers and staff of the Board as may be necessary for the effective performance of the functions of the Board . The employees appointed under subsection (1) shall hold office on such terms and conditions as may be specified in their instruments of appointment.

Section Experts and consultants Section The Board may, on the advice of the Executive Secretary , engage the services of experts and consultants in respect of any functions of the Board with which they are considered to have special competence. Experts and consultants engaged under subsection (1) may be paid such fees and allowances, and may be afforded such facilities as the Board may determine.

Section Protection of members and employees Section A member or an employee of the Board , or a person acting on the directions of the Board is not personally liable for any act or omission done or omitted to be done in good faith in the exercise of the functions of the Board .

Section Funds of the Board Section The funds of the Board shall consist of— money appropriated by Parliament for the purposes of the Board ; fees charged for services rendered by the Board under this Act; and grants, gifts or donations from the Government or other sources made with the approval of the Minister responsible for finance. Any fees received by the Board from the services rendered by the Board and other activities under this Act shall be retained by the Board in a fund established for the purpose, in accordance with the Public Finance and Accountability Act, for purposes of defraying the expenses of the Board and for the effective implementation of this Act.

Section Power to open and operate bank accounts Section The Board shall open and operate such bank accounts as are necessary for the performance of its functions. The Board shall ensure that all money received by or on behalf of the Board is deposited in the bank as soon as practicable after being received. The Board shall ensure that no money is withdrawn from or paid out of any of the Board ’s bank accounts without the authority of the Board .

Section Estimates Section The Executive Secretary shall, within three months before the end of each financial year, cause to be prepared and submitted to the Board for its approval, estimates of the expenditure of the Board for the next financial year. The Board shall, within two months after receipt of the estimates referred to in subsection (1) cause to be submitted to the Minister for his or her approval, the estimates of income and expenditure as approved by the Board .

Section Financial year of the Board Section The financial year of the Board is the period of twelve months beginning on the 1st July in each year and ending on the 30th June in the next calendar year.

Section Accounts Section Subject to any direction given by the Minister , the Board shall cause to be prepared and submitted to the Minister responsible for finance in respect of each financial year, and not later than three months after the end of the financial year, a statement of accounts, which shall include — The Executive Secretary shall cause to be kept, proper books of accounts and records of the transactions of the Board . a balance sheet, a statement of income and expenditure and a statement of surplus or deficit; and any other information in respect of the financial affairs of the Board as the Minister responsible for finance may, in writing require.

Section Audit Section The Auditor General or an auditor appointed by the Auditor General shall, in each financial year, audit the accounts of the Board . The Board shall ensure that within four months after the end of each financial year, a statement of accounts described in section 24 is submitted for auditing to the Auditor-General or an auditor appointed by the Auditor General. The Auditor General and any auditor appointed by the Auditor General shall have access to all books of accounts, vouchers and other financial records of the Board , and is entitled to any information and explanation required in relation to those records. The Auditor General and any auditor appointed by the Auditor General shall, within four months after receipt of the statement of accounts under subsection (2), deliver to the Board a copy of the audited accounts together with a report on the accounts.

Section Investment of surplus funds Section Any funds of the Board not immediately required for any purpose under this Act may be invested in a manner, which the Board may, after consultation with the Minister and the Minister responsible for finance, determine.

Section Annual report Section The Board shall, within three months after the end of each financial year, submit to the Minister an annual report on the activities of the Board .

Section Establishment of Building Committees Section A Building Committee established under subsection (1) shall, in the case of a District Council, consist of— A Building Committee established under subsection (1) shall, in the case of an Urban Authority consist of— There is established for each District and for each Urban Authority, a Building Committee which shall be a committee of the District or the Urban Council respectively. the Chief Administrative Officer; the Town Clerk; the Chairperson of the Planning and Development Committee of the District Council; the officer responsible for physical planning; the officer responsible for health; the officer responsible for engineering; the officer responsible for land management; the officer responsible for environment management; an officer responsible for architecture; a representative of the persons with disabilities nominated by the National Council for Disability at the district level; an officer from the police department responsible for fire prevention; and a member of the district executive committee. The Chairperson of the Planning and Development Committee of the District Council shall be the Chairperson of the District Bui...

Section Functions of Building Committees Section The functions of Building Committees are— to scrutinise and approve building plans; to issue building permits and occupation permits; to ensure that the design and construction of buildings and utilities to which the public is to have access cater for persons with disabilities; to review decisions on applications for permits for minor building works submitted to a building control officer under section 39 ; to ensure that this Act is complied with; and perform any other function assigned to it by the Board . A Building Committee may, in writing, delegate to a competent person, any function conferred upon it by or under this Act, other than the functions referred to in sections 29 (l)(b) and 41 .

Section Building Committee's power to co-opt persons Section A Building Committee may co-opt any person who, in the opinion of the Committee, has expert knowledge concerning the functions of the Committee, which is likely to be of assistance to the Committee, to attend and take part in the proceedings of the Committee. A person attending a meeting of the Building Committee under subsection (1) may take part in any discussion at the meeting on which his or her advice is required, but shall not have a right to vote at that meeting.

Section Meetings of Building Committees Section Schedule 3 has effect with respect to the meetings and procedure of Building Committees and other matters provided for in that Schedule.

Section Building Control Officer Section The District Service Commission shall, for each District Council and for each Urban Authority, appoint— a District Building Control Officer and an Urban Building Control Officer , respectively; and such number of Assistant Building Control Officers as are necessary to enable the Building Committee to carry out its functions under this Act.

Section Functions of Building Control Officer Section The functions of a Building Control Officer are — to make recommendations to a Building Committee in relation to­ to inspect— building plans; specifications of materials and workmanship; any document submitted to a Building Committee under section 35 ; to forward to the Building Committee for review, copies of all applications for minor building works submitted to the Building Control Officer under section 39 , and his or her decision on the application; to ensure that any instructions given by a Building Committee in accordance with this Act are complied with; the erection of any building ; the demolition of any building ; any activity, in respect of which a permit has been issued in accordance with sections 35 and 39 , and to ensure that any condition upon which the permit is issued is complied with; to carry out regular inspection of completed buildings; and to carry out any other duty assigned to it by the Building Committee .

Section Building operations without permit prohibited Section A person shall not carry out a building operation unless he or she has a valid building permit issued by a Building Committee . A person who contravenes subsection (1) commits an offence and is liable, on conviction to a fine not exceeding fifty currency points or imprisonment not exceeding two years, or both.

Section Application for building permit Section An application for a building permit shall be in a form prescribed by the Board , and shall— Where the building is a multi-storied structure or building , the application shall include— A person who intends to carry out a building operation shall apply to the Building Committee in the area in which he or she intends to carry out the building operation , for a building permit. contain the name and physical and postal address of the applicant; be accompanied by the land title or other proof of ownership of the land; where the applicant is not the owner of the land on which the building operation is to be carried out, contain the name of the landowner, the land title or other proof of ownership of the land and a statement of the legal relationship between the applicant and the landowner; contain the name, registration number and a copy of the practising certificate of the architect and his or her signature, and official stamp of the Uganda Society of Architects and in the case of an engineer , a certificate of good structural practice; be accompanied by such number of copies of building plans and other documents as may be required by reg...

Section Procedure for issuing building permit Section A Building Committee may refuse to issue a permit where the building operation in respect of which the permit is applied for— A Building Committee may, upon receipt of an application for a permit under section 35 , issue a building permit to the applicant within thirty days after the date of receipt of the application. may constitute a change in land use different from that for which the land is designated; may result in degradation of the environment in the area in which the building operation is to be carried out; may cause the depreciation in value of adjoining or neighbouring properties; may result in a building which is unsightly or objectionable to the public; may result in a building which is a nuisance to occupiers of adjoining or neighbouring properties; may be dangerous to life or property; may be located on a site which is filled up or covered with refuse or matter liable to decomposition; or does not comply with the requirements of this Act. Where the Building Committee rejects an application for a permit under subsection (2) the Committee shall, within thirty days after receipt of the application , notify the applic...

Section Appeals from decisions of Building Committee Section A person aggrieved by a decision of a Building Committee may appeal to the Board within thirty days after the date on which he or she receives notice of the decision of the Building Committee . An appeal under subsection (1) shall be in writing by the applicant or by the agent of the applicant. Where a Building Committee fails to issue a building permit within the period specified in section 36 , the applicant may appeal to the Board. The right of appeal to the Board under this section does not take away the right of an applicant to appeal to a court of law and the court may confirm, reverse or modify the decision of the Board .

Section Building operation subject to time limit Section A building operation in respect of which a building permit is issued under section 36 shall commence within twelve months of the date on which the building permit is issued and shall be completed within a period of sixty months of the date on which the building operation was commenced. Notwithstanding subsection (1), where a person, due to unforeseen circumstances, is unable to comply with the period of time specified in subsection (1), he or she shall apply to the Building Committee for extension of the time within which to complete the building operation and the Building Committee shall not unreasonably withhold the grant of extension. A person who carries on a building operation in contravention of this section commits an offence and is liable, on conviction, to a fine not exceeding twenty five currency points or imprisonment not exceeding thirteen months or both, and after the notice is given, to a further fine not exceeding five currency points for each day on which the offence continues.

Section Permits for minor building works Section A permit for minor building works under this section— A person intending to carry out minor building works shall apply, in writing, to a Building Control Officer for a building permit. An application under subsection (1) shall be accompanied by a sketch plan with dimensions. A Building Control Officer shall forward to the Building Committee for review, a copy of each application for a permit made under this section, and his or her decision on that application within five working days after his or her decision. may be issued upon such terms and conditions as may be prescribed by regulations ; and is valid for six months, within which time the building operation shall commence; except that the Building Control Officer may, on the application of the permit holder, for good cause, extend the period for six further months. Where a Building Control Officer refuses to issue a permit or an extension permit under this section, the applicant may appeal to the Building Committee against the refusal.

Section Order to stop building operation Section A Building Committee may, by notice in writing, order any person to stop a building operation — where the building operation is carried out in a manner which— if it is discovered, during the building operation , that the site is— is contrary to the provisions of this Act and the Code ; and does not comply with health and sanitation requirements prescribed by regulations . where the building is one to which the public is to have access but does not provide access for persons with disabilities as provided for in the Accessibility Standards. predisposed to flooding; or has a poor drainage system. Where a Building Committee issues a notice to a person under subsection (1), the Committee may order that person to take remedial measures to the satisfaction of the Building Committee before continuing with the building operation . A person who fails, without good cause, to comply with a notice issued under subsection (1) or an order given under subsection (2) commits an offence and is liable, on conviction, to a fine not exceeding seventy five currency points or imprisonment not exceeding three years or both.

Section Remedial action on defective building Section A Building Committee may, where a building — A Building Committee may, where— is in a state of disrepair; is dilapidated; or is showing signs of disrepair or dilapidation, a building ; or earthwork on which a building operation is carried out or is to be carried out, is dangerous or shows signs of becoming dangerous to life or property, by written notice, order the holder of the permit to ensure that the building or earthwork , as the case may be, ceases to be in a state that is dangerous to life or property. A notice issued under subsection (1) or (2) shall contain such conditions as the Building Committee may determine and the person upon whom the notice is served shall comply with the conditions stated in the notice. A person who fails to comply with a notice issued under subsection (1) or (2) commits an offence and is liable, on conviction, to a fine not exceeding twenty four currency points or imprisonment not exceeding one year, or both.

Section Prohibition of building methods and materials Section The Minister may, after consultation with the Board , and upon being satisfied that any method or material used in a building operation is not safe, by notice published in the Gazette , prohibit the use of that method or material in the building operation . A person aggrieved by the decision of the Minister made under this section may appeal to the High Court. A person who uses a prohibited method or material contrary to a notice issued under subsection (1), commits an offence and is liable, on conviction, to a fine of not exceeding forty eight currency points or imprisonment not exceeding two years, or both.

Section Right of entry by Building Control Officer Section For the purposes of this Act, a Building Control Officer shall, at all reasonable times, have the right of entry onto any land or site where a building operation is being carried out, for the purpose of determining whether this Act is being complied with. A Building Control Officer may conduct tests on or carry out an inspection on any land or site on which a building operation is being carried out. A Building Control Officer shall, upon request by the owner of the building or person in charge of a building operation whose site is entered by the Building Control Officer or authorised agent , produce his or her official identification card. A person who hinders or obstructs a Building Control Officer in the exercise of his or her functions under this section, commits an offence and is liable, on conviction, to a fine not exceeding twenty five currency points or imprisonment not exceeding thirteen months or both.

Section Occupation permit Section Upon the completion of a building , the owner of the building shall— The Building Committee shall, within fourteen days after receipt of notification of completion of a building and receipt of an application for an occupation permit, examine the building , and may— Any person who occupies or uses a building — notify the Building Committee of the practical completion of the building in accordance with the approved plans and the regulations ; and apply to the Building Committee for an occupation permit. if satisfied that the building has been erected in conformity with the approved plans and regulations , issue an occupation permit; or if the building has not been erected in accordance with this Act, refuse to issue an occupation permit, and give reasons in writing for its refusal. before an occupation permit is issued, except where the occupation or use is essential for the erection of the building ; in any period not being the period in respect of which the occupation permit was issued; in contravention of any condition on which an occupation permit was issued; or otherwise than in such circumstances and conditions as may be prescribed by the Code...

Section Liability for causing accidents on building construction site Section For the avoidance of doubt, the activities referred to in subsection (1) include— Any person whose negligence, commission or omission causes or leads to the occurrence of an accident on a building construction site, which results in the injury or death of another person, or the destruction of property, commits an offence and is liable on conviction to a fine not exceeding two hundred eighty eight currency points or to imprisonment not exceeding twelve years or both. breach of contract; failure to comply with stipulated building procedures and standards; professional negligence; failure to take out insurance for the workers; and failure to comply with this Act and regulations made under this Act.

Section National Building Code Section The National Building Code shall include matters relating to­— The Minister may, after consultation with the Board , establish a Code to be known as the National Building Code . building standards; structural design; plumbing; electrical installations; mechanical installations; fire and safety; geotechnical report; accessibility standards ; and postal code numbering. For the avoidance of doubt, the Minister shall establish the building code under this section not later than six months after the commencement of this Act.

Section Reports Section The Minister may request a Building Committee to furnish him or her with a report on— the adequacy of measures in connection with any building within its area of jurisdiction against fire, floods, earthquakes or other disasters; and a particular building operation in its area of jurisdiction. Where the Minister is not satisfied with the report of a Building Committee submitted under subsection (1), the Minister may request the Board to furnish a report on that subject.

Section Power of Minister to give directions Section The Minister may give directions of a policy nature in writing to the Board and the Board shall comply with the Minister ’s directions.

Section Delegation of Minister’s powers Section The Minister may, in writing, delegate to the Chairperson of the Board any power conferred upon the Minister by or under this Act, other than the powers referred to in sections 42 , 46 , 52 and 53 and upon such conditions as the Minister may specify.

Section Employees of former building authorities Section A person who, immediately before the coming into force of this Act, is employed by a building control authority or other related body, to exercise any or all of the functions of a Building Control Officer under this Act, shall continue to exercise those functions until Building Control Officers are appointed under this Act.