Uganda Act or statute

Parliament of Uganda

Building Control Act, 2013

Jurisdiction: Uganda
Structure: 55 provisions
Citation: Act 10 of 2013
Dates: As at 11 Oct 2013

More statute details

Dates: As at 11 Oct 2013

Source attribution: Source: Uganda Legal Information Institute

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“The Act comes into force on a date appointed by the Minister by statutory instrument.”

The Act comes into force on a date appointed by the Minister by statutory instrument. This section provides definitions of terms used in the Act. The Board determines the form of its official seal; the Secretary keeps the seal in custody; when affixed it must be authenticated by the Chairperson and Secretary (or designated substitutes in their absences); certain contracts may be executed without the seal by the Secretary or an authorised person. The Board may co-opt experts to attend and participate in Board proceedings; such co-opted persons may take part in discussions where their advice is required but do not have a right to vote. Schedule 2 has effect with respect to the meetings and procedure of the Board.

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Preliminary - Commencement

The Act comes into force on a date appointed by the Minister by statutory instrument.

Section 1

Secretariat and staff of the Board - Executive Secretary

The Board must appoint an Executive Secretary; the Executive Secretary must have professional qualifications, hold office for four years, and may be reappointed for two consecutive terms only.

Section 15

Building Committees - Establishment of Building Committees

A Building Committee is established for each District and for each Urban Authority and is a committee of the District Council or the Urban Council respectively; the provision lists the membership for District and Urban Building Committe…

Section 28

Control of building operations - Prohibition of building methods and materials

The Minister may prohibit unsafe building methods or materials by Gazette notice; persons using prohibited methods contrary to such notices commit an offence and may be fined up to forty eight currency points or imprisoned up to two years;…

Section 42

Miscellaneous - Effect on existing law

The Act takes precedence over any earlier Acts or instruments relating to building operations; inconsistent prior Acts or instruments are deemed modified to accord with this Act.

Section 55

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Showing 55 of 55 provisions

Provision 38Offence 8Commencement 5Amendment 2

Part I

Preliminary

§ 1Preliminary - CommencementCommencement

The Act comes into force on a date appointed by the Minister by statutory instrument.

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

Section 1Verify source

§ 2Preliminary - InterpretationInterpretation

This section provides definitions of terms used in the Act.

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 rendering of any service; (iv) the destruction or treatment of refuse or other waste material; or (v) the cultivation or growing of any plant or crop; (b) a swimming pool, dam, bridge, tower or other structure connected with it; (c) a fuel pump or tank used in connection with a pump; (d) an electrical installation or other installation connected with it; (e) a gas supply installation or other installation connected with it; (f) any other part of a building or of an installation connected to the building; " Building Committee " means a committee established under section 28 ; " Building Control Officer " means a person appointed by the District Service Commission under section 32 , and includes an assistant building control officer and an authorised agent ; " building operation " means any act done in relation to— (a) the erection of a building ; (b) the demolition of a building ; (c) any temporary work on a permanent building ; (d) plumbing; (e) drainage; (f) repairs, renovations, alterations and extensions of a building ; (g) erosion control works; or (h) the installation of utilities, including electricity and gas; " building plan " means architectural or engineering drawings required by a Building Committee in respect of a building operation ; " Chairperson " means the Chairperson of the Board appointed by the Minister under section 4 (3); " Code " means the National Building Code made under section 46 ; " currency point " means the value assigned to it in Schedule 1; " demolish " means any act relating to the removal of a building or any part of a building ; " earthwork " means— (a) an excavation below natural ground level; (b) a fill above natural ground level; or (c) a support that is required to maintain the sides of an excavation or a fill; " engineer " means an engineer registered under the Engineers Registration Act; " erection " in relation to a building , means its— (a) construction; (b) alteration; (c) restoration; (d) conservation; (e) extension; (f) re- building ; (g) repair; or (h) subdivision. " Executive Secretary " means the Executive Secretary appointed by the Board under section 15 ; " Minister " means the Minister responsible for building works; " minor building works "— (a) means a building operation of— (i) a single storey dwelling constructed of temporary, semi-permanent or permanent materials such as mud and wattle, mud bricks, burnt bricks, concrete blocks or timber boards, and not more than thirty square metres in floor area; (ii) a unit for poultry or livestock constructed of temporary semi-permanent or permanent material, not exceeding thirty square metres in floor area; (iii) a tool shed, external kitchen or store, not exceeding thirty square metres in floor area; (iv) a commercial structure such as a food kiosk, carpentry shed or blacksmith’s shed, constructed in temporary, semi-permanent or permanent materials, and not more than thirty square metres in floor area, whether as a free standing structure or as an addition to an existing building ; (b) does not include additions or alterations to existing buildings relating to changes in plan or structure of the building such as painting, redecoration, replacing window or door shutters, floor finishes, wall fittings or damaged roof covering; " physical planner " means a physical planner possessing the relevant qualifications from a recognised institute; " regulations " means regulations made under section 52 ; " standard " means any standard relating to— (a) quality of goods and materials; (b) methods of design; (c) specifications; (d) workmanship; or (e) any other matter relevant to buildings as specified by the Uganda National Bureau of Standards established under the Uganda National Bureau of Standards Act; " surveyor " means a surveyor registered under the Surveyor’s Registration Act.

Section 2Verify source

Part II

National Building Review Board

§ 10National Building Review Board - Official seal of the BoardSubstitution

The Board determines the form of its official seal; the Secretary keeps the seal in custody; when affixed it must be authenticated by the Chairperson and Secretary (or designated substitutes in their absences); certain contracts may be executed without the seal by the Secretary or an authorised person.

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 10Verify source

§ 11National Building Review Board - Board’s power to co-opt personsProvision

The Board may co-opt experts to attend and participate in Board proceedings; such co-opted persons may take part in discussions where their advice is required but do not have a right to vote.

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 11Verify source

§ 12National Building Review Board - Meetings of the BoardProvision

Schedule 2 has effect with respect to the meetings and procedure of the Board.

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 12Verify source

§ 13National Building Review Board - Committees of the BoardProvision

The Board may appoint committees, delegate functions to them, require cooperation between committees, committees may regulate their procedure subject to the Board's direction, and committee members may be paid allowances as determined by the Board with the Minister's approval.

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 13Verify source

§ 3National Building Review Board - Establishment of the BoardProvision

The Board is established and shall be a body corporate with an official seal; it may, to discharge its functions, hold property, sue and be sued, and perform lawful acts of a body corporate.

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 3Verify source

§ 4National Building Review Board - Composition of the BoardProvision

Sets the composition of the National Building Review Board, requires Minister to appoint members and designate a Chairperson, requires members to be eminent and hold office on terms in their instrument of appointment, and states at least one-third of board members shall be women.

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 appointment by the Private Sector Foundation. At least one-third of the board members shall be women. The Minister shall appoint the members of the Board and shall designate as Chairperson of the Board , one of the members. The members of the board shall be eminent persons of good repute and standing in society, who are qualified and experienced or who possess specialized knowledge in matters relating to their respective fields. A member of the Board shall hold office on terms and conditions specified in his or her instrument of appointment.

Section 4Verify source

§ 5National Building Review Board - Disqualification from appointment as memberProvision

A person who is an undischarged bankrupt or who has made any assignment or arrangement with his or her creditors must not be appointed to the Board.

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 5Verify source

§ 6National Building Review Board - Tenure of office of Board membersProvision

Members serve three-year terms (eligible for one reappointment); the Minister appoints first members within six months and may remove members for specified grounds; members may resign by letter to the Minister.

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 6Verify source

§ 7National Building Review Board - Remuneration of Board membersProvision

The Chairperson and other Board members are entitled to be paid; the Minister may determine their remuneration in consultation with the Ministers responsible for finance and public service.

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 7Verify source

§ 8National Building Review Board - Filling of vacancies of the BoardProvision

If a vacancy occurs on the Board the Minister may appoint a qualified person to fill it; the appointee holds office for the remainder of the previous member’s term and, subject to the Act, may be re-appointed.

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 8Verify source

§ 9National Building Review Board - Functions of the BoardProvision

The Board must carry out a list of functions including monitoring building developments, ensuring accessibility for persons with disabilities, overseeing Building Committees, submitting reports to the Minister, hearing appeals, setting certain fees, and performing other functions conferred by the Act.

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 9Verify source

Part III

Secretariat and staff of the Board

§ 14Secretariat and staff of the Board - SecretariatProvision

The Board must have a Secretariat made up of an Executive Secretary and other staff.

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

Section 14Verify source

§ 15Secretariat and staff of the Board - Executive SecretaryProvision

The Board must appoint an Executive Secretary; the Executive Secretary must have professional qualifications, hold office for four years, and may be reappointed for two consecutive terms only.

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 15Verify source

§ 16Secretariat and staff of the Board - Functions of Executive SecretaryProvision

The Executive Secretary is the Board's chief executive and secretary, must run day-to-day operations, implement policies, manage funds and staff, take minutes and keep records, have custody of the seal, carry out functions assigned by the Board, and is answerable to the Board; the Executive Secretary ceases to hold office on listed grounds.

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 mental illness; misbehaviour or misconduct; incompetence; or bankruptcy.

Section 16Verify source

§ 17Secretariat and staff of the Board - Other officers and staff of the BoardProvision

The Board may appoint additional officers and staff; employees appointed under subsection (1) shall hold office on terms and conditions in their instruments of appointment.

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 17Verify source

§ 18Secretariat and staff of the Board - Experts and consultantsProvision

The Board may, on the Executive Secretary's advice, hire experts and consultants for Board functions and those consultants may be paid fees and given facilities as the Board determines.

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 18Verify source

§ 19Secretariat and staff of the Board - Protection of members and employeesProvision

Members, employees of the Board and persons acting on its directions are not personally liable for acts or omissions done in good faith while exercising the Board's functions.

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 19Verify source

Part IV

Finances

§ 20Finances - Funds of the BoardProvision

Fees the Board receives for services and other activities under this Act must be retained by the Board in a fund established for that purpose in accordance with the Public Finance and Accountability Act; the Board's funds also include money appropriated by Parliament and grants, gifts or donations approved by the Minister responsible for finance.

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 20Verify source

§ 21Finances - Power to open and operate bank accountsProvision

The Board must open and operate bank accounts needed for its functions, deposit money received as soon as practicable, and ensure no withdrawals are made without Board authority.

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 21Verify source

§ 22Finances - EstimatesProvision

The Executive Secretary must prepare and submit the Board's expenditure estimates to the Board for approval within three months before year-end; the Board must submit the approved income and expenditure estimates to the Minister within two months after receipt.

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 22Verify source

§ 23Finances - Financial year of the BoardProvision

The financial year of the Board runs from 1st July to 30th June of the next calendar year.

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 23Verify source

§ 24Finances - AccountsProvision

The Board must prepare and submit annual accounts to the Minister responsible for finance within three months after the financial year; the Executive Secretary must keep proper books and records; the Minister may in writing require further financial information.

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 24Verify source

§ 25Finances - AuditProvision

The Auditor General (or an appointed auditor) must audit the Board's accounts annually; the Board must submit accounts for audit within four months after each financial year; auditors have access to records and entitlement to information; auditors must deliver audited accounts and a report to the Board within four months of receipt of the accounts.

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 25Verify source

§ 26Finances - Investment of surplus fundsProvision

The Board may invest any of its funds not immediately needed and may determine the manner of investment after consulting the Minister and the Minister responsible for finance.

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 26Verify source

§ 27Finances - Annual reportProvision

The Board must submit an annual report to the Minister within three months after the end of each financial year.

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 27Verify source

Part V

Building Committees

§ 28Building Committees - Establishment of Building CommitteesProvision

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 Building Committee . the Chairperson of the Urban Planning and Development Committee; a category of officers in the Urban Service similar to the category of officers in the District Council referred to in paragraphsn (b) to (i) of subsection (2); a representative of the persons with disabilities nominated by the National Council for Disability; The Chairperson of the Urban Planning and Development Committee of the Urban Council shall be the Chairperson of the Urban Building Committee .

Section 28Verify source

§ 29Building Committees - Functions of Building CommitteesProvision

Building Committees have specific functions including approving plans, issuing permits, ensuring accessibility for persons with disabilities, reviewing certain permit decisions, ensuring compliance with the Act, and performing functions assigned by the Board; a Building Committee may delegate functions in writing except the functions in sections 29(1)(b) and 41.

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 29Verify source

§ 30Building Committees - Building Committee's power to co-opt personsProvision

A Building Committee may co-opt experts to attend and take part in its proceedings; those co-opted may join discussions when their advice is required but may not vote.

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 30Verify source

§ 31Building Committees - Meetings of Building CommitteesProvision

Schedule 3 applies to meetings and procedure of Building Committees and other matters in that Schedule.

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 31Verify source

§ 32Building Committees - Building Control OfficerProvision

The District Service Commission must appoint a District Building Control Officer and an Urban Building Control Officer for each District Council and Urban Authority, and appoint necessary Assistant Building Control Officers to support the Building Committee.

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 32Verify source

§ 33Building Committees - Functions of Building Control OfficerProvision

The Building Control Officer must perform specified functions for the Building Committee, including inspections, forwarding applications and decisions, ensuring compliance with committee instructions and permit conditions, inspecting completed buildings, and carrying out other assigned duties.

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 33Verify source

Part VI

Control of building operations

§ 34Control of building operations - Building operations without permit prohibitedOffence

A person must not carry out a building operation unless they have a valid building permit issued by a 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 34Verify source

§ 35Control of building operations - Application for building permitProvision

Persons intending to carry out building operations must apply to the local Building Committee for a building permit; the application must be in a form prescribed by the Board and include specified documents and information.

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 regulations ; and contain a letter from the Chairperson of the Village Council of the area in which the building operation is to be carried out. a structural design and plans, stamped by a registered structural engineer including the name, registration number and his or her signature, a copy of the registration certificate and a copy of the structural design calculations; a geotechnical report made by a geotechnical laboratory accredited by the ministry responsible for works and endorsed by a registered geotechnical engineer ; where there are any excavations, a design of the soil support system and protection of the adjacent structures, endorsed by a registered geotechnical or structural engineer . A Building Control Officer may, if he or she is of the opinion that an application made to a Building Committee under subsection (1) does not comply with the requirements of this Act, reject the application , giving reasons in writing for the rejection.

Section 35Verify source

§ 36Control of building operations - Procedure for issuing building permitAmendment

The Building Committee may issue a building permit on receipt of an application and must notify applicants in specified timeframes when rejecting or delaying decisions; it must endorse approvals and return endorsed copies when issuing a permit.

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 applicant, giving reasons, in writing, for the refusal. A person whose application is rejected under subsection (3) may, after amending it as may be required by the Building Committee , submit it to the Building Committee for reconsideration. Where the Building Committee is unable to reach a decision within thirty days as required by subsection (1), it shall, notify the applicant in writing of that fact, within fourteen days after the date of the meeting of the Committee, and shall indicate in the notice, a reasonable period within which it will be able to reach a decision, but in any case not later than sixty days from the date of the receipt of the application . The Building Committee shall, where it issues a permit under subsection (1), endorse its approval on the building plan and other documents, and shall return one endorsed copy each of the building plan and other documents to the applicant. A building permit issued under this section may be issued upon such terms and conditions as the Building Committee may determine.

Section 36Verify source

§ 37Control of building operations - Appeals from decisions of Building CommitteeProvision

A person aggrieved may appeal to the Board within thirty days of receiving notice; appeals must be in writing by the applicant or their agent; applicants may also appeal where a Building Committee fails to issue a permit within the period in section 36; the right to appeal to the Board does not remove the applicant's right to appeal to a court, and the court may confirm, reverse or modify the Board's decision.

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 37Verify source

§ 38Control of building operations - Building operation subject to time limitCommencement

Building operations with a permit must begin within twelve months and finish within sixty months; if unable to meet those times a person must apply to the Building Committee for an extension, and the Building Committee must not unreasonably withhold an extension. Carrying on contrary to this section is an offence with fines or imprisonment and additional daily fines after notice.

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 38Verify source

§ 39Control of building operations - Permits for minor building worksCommencement

Persons who intend to carry out minor building works must apply in writing to a Building Control Officer for a building permit; applications must include a sketch plan; the Building Control Officer must send applications and decisions to the Building Committee and decide within five working days; permits may be issued on prescribed terms and are valid for six months with a possible six‑month extension for good cause; appeals against refusals may be made to the Building Committee.

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 39Verify source

§ 40Control of building operations - Order to stop building operationOffence

A Building Committee may, by written notice, order any person to stop a building operation where the operation or site contravenes the Act, the Code, health or sanitation regulations, accessibility standards, is predisposed to flooding, or has poor drainage.

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 40Verify source

§ 41Control of building operations - Remedial action on defective buildingOffence

The Building Committee may issue written notices ordering permit-holders to make defective buildings or earthworks safe; notices must state conditions and failure to comply is an offence punishable by a fine or imprisonment.

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 41Verify source

§ 42Control of building operations - Prohibition of building methods and materialsOffence

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 42Verify source

§ 43Control of building operations - Right of entry by Building Control OfficerOffence

Building Control Officers may enter land where building operations occur at all reasonable times to check compliance; they may inspect and test sites; they must produce identification on request; obstructing them is an offence with specified penalties.

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 43Verify source

§ 44Control of building operations - Occupation permitOffence

Owners must notify the Building Committee and apply for an occupation permit when a building is practically complete; the Building Committee must examine within 14 days and may issue or refuse permits; occupying without a valid permit is an offence punishable by a fine up to twenty-four currency points; the Committee may issue permits for partially completed buildings and such permits under subsection (4) are valid for up to twenty-four months and may be renewed.

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 , commits an offence and is liable, on conviction, to a fine not exceeding twenty four currency points. Notwithstanding subsection (3) the Building Committee may issue an occupation permit in respect of a partially completed building , where it determines that the building is safe and adequate for human habitation. An occupation permit issued under subsection (4) shall be valid for a period not exceeding twenty-four months and may be renewed upon application to the Building Committee .

Section 44Verify source

§ 45Control of building operations - Liability for causing accidents on building construction siteOffence

A person whose negligence, commission or omission causes an accident on a building construction site that injures or kills someone or destroys property commits an offence and, on conviction, is liable to a fine not exceeding two hundred eighty eight currency points or to imprisonment not exceeding twelve years or both.

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 45Verify source

Part VII

Miscellaneous

§ 46Miscellaneous - National Building CodeCommencement

The National Building Code must include a list of technical matters; the Minister may establish the Code after consulting the Board and must establish the building code within six months of commencement.

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 46Verify source

§ 47Miscellaneous - ReportsProvision

The Minister may ask a Building Committee to provide a report on adequacy of disaster measures or a particular building operation; if not satisfied with that report, the Minister may ask the Board for a report on the same subject.

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 47Verify source

§ 48Miscellaneous - Power of Minister to give directionsProvision

The Minister may give written policy directions to the Board, and the Board must comply with those directions.

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 48Verify source

§ 49Miscellaneous - Delegation of Minister’s powersProvision

The Minister may, in writing, delegate to the Chairperson of the Board any power conferred on the Minister by or under this Act, except the powers in sections 42, 46, 52 and 53, and may specify conditions for the delegation.

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 49Verify source

§ 50Miscellaneous - Employees of former building authoritiesProvision

Persons who, immediately before this Act takes effect, were employed to perform Building Control Officer functions by a building control authority or related body must continue performing those functions until Building Control Officers are appointed under this Act.

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.

Section 50Verify source

§ 51Miscellaneous - Service of noticesProvision

Notices referenced in this Act must be served by post or delivered by hand to the addressee, the addressee's agent, or to the person in charge of a building operation at the site.

Section Service of notices Section Where, in this Act, there is reference to the service of any notice, that notice shall be served by post or delivered by hand to the addressee or his or her agent, as the case may be, or to the person in charge of a building operation , at the site.

Section 51Verify source

§ 52Miscellaneous - RegulationsOffence

The Minister may, on the advice of the Board, make regulations to implement this Act and may prescribe matters such as remuneration, procedures, fees, forms, building-plan content and penalties (including fines and imprisonment).

Section Regulations Section Without prejudice to the general effect of subsection (1), regulations made under this section may — The Minister may, on the advice of the Board , by statutory instrument, make regulations generally for the better carrying into effect of the provisions of this Act. prescribe the remuneration and allowances that may be paid to members of the Board or to persons co-opted to meetings of the Board ; prescribe the remuneration and allowances that may be paid to members of a Building Committee or to persons coopted to meetings of a Building Committee ; prescribe the procedure and the costs to be paid in respect of any appeal lodged with the Board ; impose penalties in respect of any contravention of the regulations , not exceeding a fine of forty eight currency points or imprisonment not exceeding two years or both, and in the case of a continuing contravention, an additional fine not exceeding five currency points for each day during which the contravention continues; prescribe the content of building plans and other documents required to be submitted under this Act; prescribe the fees for permits and for services rendered by the Board or by a Building Committee under this Act; prescribe the forms and procedure for application for building permits, occupation permits and other permits issued under this Act; and prescribe anything that is required or authorised to be prescribed under this Act.

Section 52Verify source

§ 53Miscellaneous - Amendment of SchedulesAmendment

The Minister may amend Schedule 1 by statutory instrument with Cabinet approval, and may amend Schedules 2 and 3 by statutory instrument.

Section Amendment of Schedules Section The Minister may, by statutory instrument, with the approval of Cabinet, amend Schedule 1. The Minister may, by statutory instrument, amend Schedules 2 and 3.

Section 53Verify source

§ 54Miscellaneous - TransitionCommencement

Buildings completed or with operations commenced before this Act that do not meet its standards must be adjusted within a period prescribed by the Minister on the advice of the Board; an occupation permit for such adjustments must be obtained within a period prescribed by the Building Committee; pre-Act permit applications and permits are carried over to committees/this Act.

Section Transition Section A building which is completed, or in respect of which any building operation is commenced before the coming into force of this Act and which does not conform to the standards prescribed by this Act shall, within a period prescribed by the Minister on the advice of the Board be adjusted so as to bring it in conformity with this Act. An occupation permit in respect of adjustments to be made under subsection (1) shall be obtained within a period prescribed by the Building Committee . An application for a permit made to a building authority before the commencement of this Act shall, on the commencement of this Act, be considered as an application made to a Building Committee established by this Act. Subject to this Act, a building permit issued by a building authority before the coming into force of this Act shall be deemed to have been issued under this Act.

Section 54Verify source

§ 55Miscellaneous - Effect on existing lawProvision

The Act takes precedence over any earlier Acts or instruments relating to building operations; inconsistent prior Acts or instruments are deemed modified to accord with this Act.

Section Effect on existing law Section This Act shall take precedence over any other Act or instrument in existence, relating to building operations, before the coming into force of this Act and any such Act or instrument shall, to the extent to which it is inconsistent with this Act or an instrument made under this Act be deemed to be modified to accord with this Act. For the avoidance of doubt, where a provision of any enactment referred to in subsection (1) conflicts with a provision of this Act, this Act shall prevail.

Section 55Verify source

Legislative relationships

7 referenced instruments

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6 instruments

Board any power conferred on the Minister by or under this Act
Section 49
Board be adjusted so as to bring it in conformity with this Act
Section 54
Board Fees the Board receives for services and other activities under this Act
Section 20
Board not immediately required for any purpose under this Act
Section 26
Board within six months after the coming into force of this Act
Section 6
Executive Secretary Section Subject to this Act
Section 16

N–S

1 instrument

Standards established under the Uganda National Bureau of Standards Act
Section 2

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