*Consultative Workshop Reviews Draft Building Control (Amendment) Bill, 2024
By John Kusolo
National Building Review Board (NBRB) , a corporate body under the Ministry of Works and Transport, convened a National Stakeholders Consultative Workshop at Hotel Africana to review the draft Building Control (Amendment) Bill, 2024. This workshop brought together various stakeholders, including government officials, industry professionals, and public representatives, to discuss and address the existing challenges and gaps within the current Building Control Act (BCA), CAP 136.
*Genesis and Implications of the Proposed Amendments*
The Building Control Act, which commenced on April 31, 2018, aims to consolidate, harmonize, and amend laws related to the erection of buildings, provide for building standards, establish the National Building Review Board, set up Building Committees, and promote the development of planned, decent, and safe building structures in harmony with the environment.
Leila Katusiime, a Legal officer at NBRB, highlighted the primary challenges and gaps under the current Act, emphasizing the need for amendments to enhance the effectiveness and governance of building control in the country.
*Key Challenges and Lacunae in the Current Act*
Composition of the Board: The current Board comprises 16 members, an even number that poses challenges in decision-making. In the event of a tie, only the Chairperson or the person presiding over the meeting can cast a deciding vote. This setup undermines the Board's statutory and corporate governance roles by impacting its ability to establish clear policies.
*Quorum Requirements:* The Act mandates a two-thirds quorum for Board meetings. With 16 members, achieving this quorum has proven difficult, risking the Board’s failure to meet at least once every two months as required.
*Board’s Mandate* : The existing mandate under Section 9 does not explicitly empower the Board to hear and determine complaints related to the built environment, limiting its regulatory reach and effectiveness.
*Board’s Powers* : The Act is silent on the specific powers of the Board, thereby crippling its ability to enforce building standards and safety measures effectively.
Proposed Amendments
The draft Building Control (Amendment) Bill, 2024, seeks to address these issues through several significant changes:
*Revised Composition of the Board:* The Board will be reduced to nine members, comprising representatives from the Ministries of Works, Gender, Lands, and Local Government; the National Council of PWDs; two public members nominated by the Minister; and two representatives from professional bodies such as engineers, architects, physical planners, surveyors, and lawyers. This adjustment aims to streamline decision-making and improve governance.
Expanded Functions of the Board:
*Hearing and Determining Complaints* : The amendments will empower the Board to hear and determine complaints from any person, Building Control Officer, or Building Committee, thereby enhancing its oversight capabilities.
Capacity Building: The Board will be tasked with developing and implementing a capacity-building strategy for Building Committees and other stakeholders involved in building operations, aiming to improve their performance.
Defined Powers of the Board:
*Issuing Stop or Evacuation Orders* : The Board will be authorized to issue orders to stop or evacuate buildings due to safety concerns, ensuring immediate response to potential hazards.
*Express Penalties:* The Board will have the authority to impose specific penalties for offenses, as prescribed by the Minister under regulations, providing a clearer framework for enforcement.
*Guidance on Procedural Matters:* The Board will guide Building Committees on procedural issues, ensuring consistency and adherence to standards.
*Site Inspections* : The Board will have the power to enter any land, building, or site where building operations are being carried out, allowing for proactive oversight.
*Reporting to Police:* The Board will be able to make complaints to the police for investigations into building matters, ensuring legal backing for enforcement actions.
Referring Complaints to Professional Bodies: Complaints concerning professionals will be referred to the appropriate professional bodies for action, ensuring accountability and professional standards are maintained.
The National Stakeholders Consultative Workshop provided a platform for thorough discussion and review of the draft Building Control (Amendment) Bill, 2024. The proposed amendments aim to strengthen the regulatory framework, enhance the Board's capabilities, and ensure that building operations across the country adhere to the highest standards of safety and quality. By addressing the existing challenges in the Building Control Act, these changes are expected to promote a more efficient and effective building sector, ultimately benefiting the public and contributing to sustainable development.
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