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DEVELOPMENT CONTROL COMMITTEE (DCC)

GUIDELINES ON DEVELOPMENT AND PLANNING APPROVALS

Important notice

The Tatu City Property Owners’ Association (POA) reserves the right to amend or update any

information contained in this document as and when necessary

Document Control

Document Title Version Date

DEVELOPMENT CONTROL COMMITTEE

(DCC) GUIDELINES ON DEVELOPMENT

AND PLANNING APPROVALS

Version 01 Feb 2018

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1. ESTABLISHMENT OF THE DCC

There is established a development control committee known as the DCC. The DCC is a committee

comprised of appointees of Tatu City Limited or Board of the Property Owners Association, a city

planner, a city engineer and a leading architect and who is appointed by Tatu City Limited in the

first instance and as long as Tatu City Limited has an interest in the Property and thereafter by the

Property Owners Association. The Property Owners Association through the DCC will, under

instruction by and on behalf of Tatu City Limited and/or the Property Owners Association, adopt

maintain and administer the development, Precinct Plans, design and modifications and Physical

Planning Standards for Precinct planning and Building Permits and improvements in the Project, as

well as the documents and requirements for submittal to the DCC.

1.1. The DCC regulates land use and building development in Tatu City in order to create an effective

and efficient built urban environment and ensures that all buildings in Tatu City comply with DCC

and Kiambu County approved building plans in order to ensure a safe and healthy built

environment for all

2. PURPOSE

To ensure the development of Tatu City meets the set standards and complies with the

development vision as expressed in the Structure Plan, as an area of high standards, and to ensure

reasonable compatibility of architectural designs.

2.1. Tatu City Limited and the DCC shall have the power to generally enforce the Planning and Design

Requirements and to:

2.1.1. Control all Improvements as set forth in these guidelines;

2.1.2. Inspect on-going works at such times and intervals as is determined by the Tatu City Limited;

2.1.3. Issue stop orders and/or order the removal of any Improvement or structure where the

construction is commenced without the requisite approvals; and

2.1.4. Make such exceptions to these covenants, and to waive particular violations, as either shall

deem necessary, appropriate, or proper;

2.1.5. Issue a Certificate of Occupancy prior to any Premises being occupied.

2.2. From time to time, and in its sole discretion, the DCC may amend its development, Precinct

planning, design and Physical Planning Standards in any manner consistent with the statement of

purpose set forth in the overall vision for Tatu city as set out in the Structure plan.

2.3. Approval of Precinct Plans, Site Development Plans, Building Plans is based on, but not limited to

compliance with the Structure Plan and the relevant Precinct Plan (including Physical Planning

Standards), adequacy of the dimensions of Improvements, engineering (civil, mechanical,

electrical); foundations; storm drainage considerations, conformity and harmony of exterior

design of neighbouring structures, improvements, operations and uses; relating topography,

grade and finished ground elevation of the Parcel being improved to that of the neighbouring

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Parcels and street frontages; and location and orientation of the improvements with respect to

adjacent streets, setbacks and the overall design intent of the Project.

2.4. Ensure landscape treatment not covered by the Structure Plan is provided in accordance with

applicable laws and such rules and standards established by the Tatu City limited and/or the

Property Owners Association to give unity and direction throughout the diverse areas of the

Property.

2.5. Control of Improvements

2.5.1. No Improvement, or change to any existing Improvement of any type shall be made on any

portion of any Precinct or Parcel within the Project until the Precinct Plan, Site Development

Plan and Building Plan have been approved in writing by the DCC in accordance with the

Planning and Design Review Requirements including but not limited to the Structure Plan,

Approved Precinct Plan (if already approved) including Physical Planning Standards, its By-

Laws and any policy adopted by the Property Owners Association from time to time.

2.5.2. Tatu City Limited and/or Property Owners Association shall determine the information

required and the submissions process, including DCC approval periods and appeals

procedures, which is contained within the Terms of Reference adopted from time to time by

the Property Owners Associations.

2.5.3. No construction on any of the Precincts or Parcels shall begin or continue until and unless the

Owner and the Owner’s Contractor/s have signed the Contractors Code of Conduct adopted

by the DCC from time to time.

2.5.4. If any Improvement or change requiring approval is undertaken on any Precinct and/or

Parcel, and the said approval has not been obtained from the DCC, or if any Improvement or

change which is not in conformance with approved plans and specifications is undertaken on

any Precinct and/or Parcel, the said Improvement or change is deemed to have been

undertaken in violation of these covenants; and, upon written notice of the DCC, any such

Improvement or change deemed to be in violation shall be removed or altered so as to

extinguish such violation. If, thirty (30) days after the notice of such violation, the Owner of

such Precinct and/or Parcel in question shall not have taken reasonable steps toward the

removal or alteration of the same, Tatu City Limited or its duly authorised representative,

shall have the right, to enter the said Precinct and/or Parcel and to take such steps as may be

necessary and as available in law or equity to extinguish such violation and fine the Owner,

and all costs, the fine, expenses, and legal fees pertaining thereto is a binding obligation of

the Owner as well as a lien on the Parcel in question. Any lien so registered is subordinate to

the lien of any existing deed of trust made in good faith and for value. Any agent of Tatu City

Limited or the DCC may, at reasonable times, enter upon and inspect any Parcel and

Improvements thereon for the purposes of ascertaining whether the maintenance of such

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Parcel, and the maintenance, construction or alteration of Improvements thereon, are in

compliance with the provisions of these restrictions, and no such persons is deemed to have

committed a trespass or other wrongful act by such entry or inspection. For the avoidance of

doubt a development, Improvement or alteration done without approval of the DCC is in

violation of the Declaration and liable to be removed under this Article notwithstanding that

the plans or designs for the same may have been approved by a local authority or other

government planning authority.

2.6. Approvals

2.6.1. The DCC shall have the right to disapprove any final construction drawings and

specifications because they fail to comply with any criteria or requirement of this

Declaration, The Planning and Design Review Requirements, the Structure Plan, the

Precinct Plan, the Physical Planning Standards, or the Conditions of Approval of the

DCC, as amended from time to time.

2.6.2. In any case where the DCC shall disapprove any construction drawings or specifications

submitted hereunder or shall approve the same only as modified or upon specified

conditions, notice of such disapproval or qualified approval is accompanied by a statement

of the reasons thereof. In any such case, the DCC, if requested, shall make reasonable efforts

to assist and advise the Owner or applicant in the preparation of acceptable construction

drawings, specifications and any other submissions required to achieve a satisfactory

approval.

2.7. Liability for Violation

Any person, firm or corporation violating Articles 7, 8 and 10 of the master

declaration is liable for all costs incurred in remedying such violations, including,

but not limited to lawyer’s fees on a full indemnity basis, and court costs and be

subject to such fines as may be imposed by the DCC.

2.8. Appeal

In the event the plans and specifications submitted to the DCC for approval are

disapproved, the Owner or party making such submission may appeal in writing to

the Board of the Property Owners Association. The appeal process is determined

by the Property Owners Association.

2.9. Design Review Fee

The DCC will charge and collect a reasonable fee for the examination of any plans

and specifications submitted for approval pursuant to this Article 8 of the master

declaration, payable at the time such plans and specifications are so submitted. The

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amount of such fee shall contain the cost of making such examination, including

the cost of any professional fees incurred in connection therewith.

2.10. Certificate of Compliance

2.10.1. Upon completion or alteration of any Improvement on any Parcel undertaken and

completed in accordance with plans and specifications approved by the DCC, and on

written request of the Owner of such Parcel, a Certificate of Compliance is issued in

a form suitable for registration (“Certificate of Compliance”). Preparation and

registration of such Certificate of Compliance is at the expense of such Owner. Any

Certificate of Compliance issued in accordance with the provisions of the paragraph

is prima facie evidence of the facts therein stated, and as to any purchaser or

encumbrancer in good faith and for value, or as to any title insurer, such Certificate

of Compliance is conclusive evidence that all improvements and/or alterations

described therein comply with all requirements of this Declaration.

2.10.2. No Improvement is used or occupied without the Owner first having obtained a

Certificate of Compliance

2.11. Designation of Committee

The DCC consists of not less than three (3) members. So long as Tatu City Limited

holds an ownership interest in any portion of the Property and/or the Project, the

appointment of the members of the DCC is made exclusively by Tatu City Limited.

Thereafter, appointments shall be made by the Board of the Property Owners

Association. The members of the DCC shall serve at the pleasure of Tatu City

Limited, and later at the pleasure of the Board. A vote of the majority of the

members of the DCC shall constitute the action of the DCC.

2.12. Function

No Improvements shall be constructed, erected, placed, altered, maintained or

permitted on any portion of the Project until plans and specifications, in such a

form and detail and under such submitted procedures as the DCC may deem

necessary, or desirable, as amended from time to time, shall have been submitted

to and approved in writing by such DCC.

2.13. No Construction or Use Prior to Approval

2.13.1. No Building Improvement of any kind shall commence, be installed, erected,

placed, assembled, altered, moved onto, or permitted to remain on any Parcel, nor

shall any uses be commenced on any Parcel, unless and until the final construction

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drawings and specifications for the same (including a description of the proposed use)

have been submitted to, reviewed and approved by the DCC.

2.13.2. No Owner shall apply to any public authority for any construction or building

permits for any project, Buildings or Improvements before written approval of the

final construction drawings and specifications for said project, Buildings or

Improvements have been given by the DCC, unless the DCC has waived this

requirement (within its powers to do so) with written notification to such Owner.

2.13.3. No Owner shall apply to any public authority for any certificate of occupation for

any project before a Certificate of Compliance has been issued by the DCC.

2.14. Governmental Approval

Approval by the DCC is separate from all review and approval procedures by the

relevant local authority or any other governmental entity. Any material changes

made to the final construction drawings and specifications resulting from the

requirements of such authority or entity must be resubmitted and reapproved by

the DCC.

2.15. Vehicle Parking

Parking spaces shall not be used for permanent or temporary storage of junk

vehicles, private vehicles offered for sale, house trailers or public service vehicles.

Each Parcel must provide adequate off-street parking, including basement parking

where required by the Structure Plan or approved Precinct Plan. All parking

requirements are subject to the requirements of the approved Precinct Plan and

the applicable Laws of Kenya and the by-laws of the relevant local authority.

2.16. Loading and Trash Handling Areas

2.16.1. All Owners shall submit a solid waste management strategy, approved by the Management

Company, together with submission of building plans to the DCC, without which the DCC

shall not approve any Improvement plan submission.

2.16.2. The solid waste management strategy shall conform to the requirements of the EIA for the

Precinct and the Improvement specific EIA, and shall address solid waste management

during construction and following use or occupation of the Improvements.

2.16.3. Tatu City Limited shall have the right to dispose off waste in accordance with Tatu City

Limited’s standards including but not limited to disposal in National Environment

Management Authority NEMA or its successor approved landfills or though waste-to-energy

process, including incineration.

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3. SUBMISSION TO THE DCC

3.1. If you are planning any building work on a property, you will need to submit building plans for

approval. Generally, any building activity requires building plan approval including all new

buildings, any alterations or extensions to existing buildings, or simply changing the use of existing

buildings without physically altering them.

3.2. Development control at Tatu City from a planning and development context is based on

the “package of plans” approach and contains four key elements namely:

3.2.1. Tatu City Structure Plan

3.2.2. Precinct Plans (including statement of intent and concept plans)

3.2.3. Site Development Plans (including signage and landscaping plans)

3.2.4. Building Plans

3.3. These elements must be read together with applicable laws and regulations in Kenya (‘the

Reference Documents’), notably:

3.3.1. Building Code: Local Government (Adoptive By-Laws) (Building) Order 1968

3.3.2. National Planning & Building Authority - Kenya Planning & Building Regulations 2009

3.3.3. The Physical Planning (Building and Development) (Control) Rules, 1998 (Revised 2012).

3.3.4. Laws of The Republic of Kenya: Occupational Safety & Health Act, 2007

3.3.5. Relevant Kenya Civil Aviation Authority Regulations

3.3.6. Environmental Management & Coordination Act, 1999

3.3.7. Physical Planning Act, 1996.

3.3.8. Urban Areas and Cities Act, 2011

3.3.9. County Government Act, 2012

3.3.10. Any other relevant laws.

3.4. Submission of Plans to DCC for Approval

3.4.1. Tatu City Structure Plan is the overarching design document, which lays out the vision for the

entire development, stipulates the development concept/guidelines, planning & design

approach, as well as the overarching design codes.

These guidelines have been further detailed in the Tatu City Development Manual

and Design Guidelines (“the Development Guidelines”). The content of the

Development Guidelines includes, but is not limited to:

Physical planning standards

Building and design guidelines

Sustainable building and materials

Solid waste management and recycling

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Sustainable design and environmental responsibility guidelines

Public and private transport management (including parking)

These guidelines are read together with applicable laws and regulations in Kenya,

notably:

(a) Environment Management and Co-ordination Act (Act No. 8 of 1999);

(b) Physical Planning Act (Cap. 286)

(c) Kiambu County Government statutes, by-laws and orders

3.4.2. Submission documents

Applications for DCC approval should include the following documents / information as and

when required:

(1) Transport study and review summary from transport planner;

(2) Detailed roads and junction design for internal roads, prepared by a qualified engineer

(including plans, profiles, road crossing sections and related information);

(3) Planning brief by a registered town planner;

(4) Approved junction designs from the Kenya National Highways Authority (KeNHA) in respect

of any junction along the C63 road (Ruiru-Kiambu Road), D399 road (Ngenda Road) and any

other public road;

(5) Detailed site layout plan;

(6) Grading plan, indicating the existing and proposed levels;

(7) Environmental impact assessment by a qualified assessor;

(8) Solid waste management plan;

(9) Sanitary sewer layout plan;

(10) Storm water drainage plan;

(11) Building design typologies for all proposed buildings;

(12) Architectural building design for the entire site including 3D perspective;

(13) General layout plan showing proposed building elevations in sections (north, south east and

west);

(14) Details of exterior construction materials for the units;

(15) Details of roofing materials for the units;

(16) Calculations showing the vehicle parking requirements and indicating the parking provided;

(17) Areas dedicated for recreation, public amenities and common areas;

(18) Public transport system amenities (if applicable);

(19) Location, type and dimensions of the perimeter fence.

3.4.3. A copy of the Tatu City Structure Plan can be obtained from the Tatu City Limited offices. All

precinct plans must be aligned to the Structure Plan in terms of the layout design,

development guidelines, and design codes for the public and private realms.

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3.4.4. Prior to the submission of a precinct plan, a written statement of intent noting the

development objectives of the site, the bulk to be realized, the height, coverage and setbacks

to be achieved, an indication of any special design intentions, outline design proposal,

concept plan and preliminary sketch plans should be submitted to the DCC. This will ensure

that the process for submission and approval of the precinct plan should not be delayed.

3.4.5. Prior to the submission, written declaration of intent and concept designs are to be

submitted the head to be submitted to the Head of the building control to ensure the

planned designs and concepts are aligned to the overall development guidelines and

controls in terms of the Tatu City Structure Plan. An appointment can be set up to meet

with the DCC team to discuss any elements or queries with regards to the Tatu City

structure plan and design guidelines.

3.4.6. In order to minimize plan approval time, developers are advised to instruct their architects t

o contact the Head of Building Control at Tatu City Offices prior to plan preparation.

3.5. Precinct Plans

3.5.1. Tatu City Limited or the precinct developer must prepare a detailed precinct plan for approval

by the DCC. The precinct developer must also comply with the Tatu Structure Plan, including

the specification for public environment and public open space and enter into a sub-lease,

which will include infrastructure specifications with Tatu City Limited.

3.5.2. The precinct plan addresses the following aspects:

i. Detailed street, block and plot layout

ii. An interconnected system of public spaces

iii. Detailed urban design guidelines per street block that address the relationship and

interface

between buildings, access, pedestrian movement and the public environment/public

space

iv. Building typologies

v. Requisite public facilities deemed adequate to support the precincts’ users

vi. Development and building controls per plot in addition if any to those in the Structure

Plan

3.5.3. The precinct plan is prepared and submitted either by Tatu City Limited, or by the precinct

developer to the DCC for approval

3.5.4. In terms of the Tatu City development structure plan and statutory requirement, all precincts

must form a Precinct Property Owners Association with the members of the association being

all the property owners within the Precinct

3.5.5. Furthermore, all the precinct plans require the submission and approval of a precinct

environmental management plan in terms of the Tatu City strategic environmental

assessment.

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3.6. Site Development Plan (SDP)

3.6.1. Each developer within Tatu City must prepare a site development plan, and must submit in

writing to the DCC for approval prior to submission to the County Government of Kiambu.

3.6.2. The SDP is subject to guidelines within the Tatu City Structure and relevant Precinct Plan, and

it must address the following at a site-specific level:

i. Design concept plans, sections and levels

ii. Indicative building elevations including signage zones

iii. Treatment of elevations, materials, colours and textures in indicative form

iv. Conformity with bulk, height and site controls (in line with the relevant precinct plan)

v. Pedestrian and vehicular access/circulation

vi. Access to buildings, number of parking bays and adherence to lines of no access

vii. Locational context of the site

viii. Building lines/setbacks in areas where the site abuts roads/public spaces.

ix. Internal service reticulation and connection points into the external services are to be

shown, including any servitudes that may be required e.g. Storm water, sewer, electrica

l and water (The Developer shall provide the plot owner with the boundary connection

points)

x. All landscaping plans will be subject to the Tatu City Structure Plan and particular

Precinct Plan guidelines and development controls as well as the landscaping guideline

s outlined in the development manual

xi. A tree audit and no trees may be removed from the site without a motivation submitte

d to the DCC for its approval. Where trees are removed, replacement approved by the

DCC must be planted on site.

xii. Site and construction organization plan; location of contractors camp on site and size as

well as details on the planned approach to cranes, hoardings and other temporary

structures on the site. * A checklist of requirements is available from the DCC.

3.7. Building Plans

3.7.1. Every development in Tatu City will be required to submit Building Plans subject to

the guidelines within the structure plan Precinct Plan, and SDP as well as national and local

regulatory building requirements.

3.7.2. A professional registered with the Board of Registration of Architects and Quantity Surveyors

(BORAQS) must prepare and submit the plans; no construction may begin on site prior to

approval of the SDP and building plans by the DCC and later the County Government of

Kiambu. In certain cases, other professionals may be required for instance Planners and

Civil/Structural Engineers.

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3.7.3. The building plan submission checklist is available from the DCC and must at least include

the following

i. Detailed design plans and elevations, landscape, gate, boundary fence, boundary walls

and signage plans.

ii. Setbacks, ground coverages, plot ratios, site area, and locational context

iii. Site service reticulations-sewer and water connections and storm water management

and connections

iv. A schedule of materials, colours, and other relevant finishes

v. Alternative energy resources, solar geysers and rain water harvesting systems in line

with the Tatu City requirements

vi. Proof of membership in good standing of the Tatu City Property Owners’ Association (T

CPOA). Only on written and legally in force approval of the building plans from the DCC,

the County Government of Kiambu and any other relevant authority as well as submission

of the following documentation, may work commence on site.

vii. Contractor’s Code of Conduct signed by contractor, property owner and TCPOA

representative

viii. Proof of building deposits / retentions paid

ix. Signed copy of agreement to abide with the relevant precinct environmental

management plan

3.8. Submission Procedures

3.8.1. Formal applications to the DCC may be submitted at Tatu House during office hours and

should be addressed as follows:

Development Control Committee

Tatu City Limited, Tatu House

Ruiru-Kiambu Road

Email: dcc@tatucity.com

Phone number: +254 20 513 1000

3.8.2. Electronic submissions must be in PDF and AutoCAD format. Each drawing must be

submitted in its own file. Plan sheets submitter as part of your application may not be:

Smaller than A4 (210X297 mm)

Larger than A0 (841X 1189 mm)

Larger than A3 (297 X 420 mm) in the case of minor works permit

Plans must be drawn to a suitable scale being any of the following:

Plan Component Scale

Site plan 1:100, 1:200, 1:250, 1:500, 1: 1000

Layout Drawings 1:20, 1:100, 1:500

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Drainage installations drawings 1:50, 1:100, 1:200

General structural drawings and details 1:1, 1:2, 1:5, 1:10, 1:20, 1:50, 1:100

Plans are to be in colour where applicable as follows:

Plan element Colour notation

New Masonry Red

New Concrete Green

New Iron/Steel Blue

New wood/ timber Brown

New glass Black

All existing materials Grey

All other materials any colour other than the above

Site Plans

Proposed work Red

Existing work not coloured

Work to be demolished Black dotted lines

*A 3D/ Perspective of the proposed development may be required as part of the

submission documents

Each file must be numbered bearing the same number as the drawing itself. A set of drawings

will be returned to the sender on approval, appropriately endorsed with the Tatu stamp of

approval.

Drawings will only be submitted to the local authority after getting a DCC approval. A

register will be maintained between Tatu City and the local authority.

The duration of DCC review and scrutiny of plans will vary depending on the

complexity of the application, but generally will not exceed 2 weeks from the date of

submission of a comprehensive application. The DCC will respond either indicating

approval, or detailing specific areas of concern.

3.9. Structure of Development Control and approvals

All applications and motivations must be in a written format and submitted with the rele

vant details and plans. The Diagram below illustrates the control documents, the

stakeholders responsible, outline of content required, sign off and approval

responsibility.

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All applications in terms of outdoor advertising and signage (including construction site

signage) can be made to the DCC at precinct plan, SDP, or building plan stage in terms of

the outdoor advertising and signage policy document.

This structure ensures that all plans are prepared and submitted in terms of the agreed

design guidelines, controls and in accordance with the Tatu City vision

4. Plan Approval Fees

4.1. The DCC is mandated to charge a fee for review of proposed plans for building works to be

undertaken in Tatu City (“Plan Approval Fee”). The Building Plan Approval Fee will cater for:

(i) Review of plans by competent personnel constituting the DCC, appointed in accordance with

the Tatu City Master Declaration; and

(ii) Submission of the proposed plans to the County Government of Kiambu;

(iii) Issuance of a Certificate of Compliance by the DCC;

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(iv) Application for a Certificate of Occupation from the County Government of Kiambu upon

completion of the construction to the satisfactory of the DCC and County Government of

Kiambu.

4.2. The Plan Approval Fee in respect of any new building is prescribed at Appendix 1 below. The fee

payable in respect of modifications or alterations will be prescribed in further appendices to these

Guidelines. The prescribed fee only includes monies payable to the DCC for review of proposed

plans. All payments due in respect of physical planning approvals required from the Kiambu

County Government shall be payable to the County in the manner prescribed by the County and

in accordance with applicable laws.

No works should commence on the above-referenced property unless and until the prescribed fees

are paid in full and written approval of the DCC and Kiambu County Government are obtained.

If any works are carried out on a property before DCC approval is obtained, which is strictly

prohibited, the DCC reserves the right to levy the full Plan Approval Fee at any time

together with accrued interest computed at the rate of 15% per annum from the date of

issuance of the Certificate of Occupation by the Kiambu County Government until payment

in full.

4.3. Review of DCC Plan Approval Fees

The DCC may at its sole discretion review the fee payable for each application based on the nature

and complexity of the application and the cost of the development provided always that any

decision in respect of review of Plan Approval Fees shall only be valid if communicated in writing.

4.4. Exclusions of the DCC Approval Fee

The prescribed fee does not include:

(i) Any fees payable to any government authority;

(ii) Any fees payable to the plot owner’s contractors, consultants or professional agents or any

third party engaged by the plot owner;

(iii) Any fee in respect of review of plans in respect of modifications to building plans at any

time after issuance of approval by the DCC;

(iv) Any other fee not expressly indicated in these Guidelines or in writing issued by the DCC.

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APPENDIX 1: PLAN APPROVAL FEES FOR TIP BUILDINGS

Tatu Industrial Park (Precincts 3BA, 3BB and 5) and Bulk Land Sales (exceeding 1 acre)

*All fees are quoted in USD

Acreage 1 – 2 acres >2 – 5 acres >5 – 10 acres 10+ acres

Plan Approval

Fee per plot

$2,000.00 $5,000.00 $10,000.00 $12,000.00

4.5. County Government of Kiambu Approval

All precinct plans, SDPs, and building plans must be approved by the DCC prior to the

County Government of Kiambu. The County Government of Kiambu will only approve

plans that have DCC approval, which the Sub-County Planners at Ruiru will verify. To avoid

confusion and delays, developers shall submit plans to the County through the DCC

appointed Architect. The developer concerned should pay for any fees payable to the

County Government of Kiambu.

5. Construction Review and Certification of Compliance

5.1. Construction Review

A building control inspector or DCC representative will visit the site from time to time and

may

attend site meetings to assist in the development process and maintain an ongoing revie

w of the building through the construction phase.

The building inspector or DCC representative will convene design review meetings with

the relevant professional team members and arrange insitu inspections

to consider detailed items in

respect of external lighting, signage, landscaping design and building compliance in terms

of the development regulations.

5.2. The purpose of inspection is:

5.2.1. To monitor compliance with the Tatu City Master Declaration of Covenants,

Conditions and Restrictions (as amended from time to time), Tatu City Development

Manual, guidelines prescribed by the Tatu City Development Control Committee

(DCC), leases in respect of each property and applicable laws and regulations (“the

Reference Documents”) and lawful directives of concerned government authorities;

5.2.2. To resolve any complaints, incidences or statutory notices reported to the DCC by

concerned government authorities or any third party in connection with the property;

5.2.3. To evaluate structural soundness, safety, fire protection and accessibility of any buildings or

physical features

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5.3. Construction inspection guidelines

5.3.1. During Construction

For single detached buildings, a notice for inspection must be given by the builder to the

building certifier for the following stages of assessable building work:

(i) The foundation and excavation stage—before the footings are poured. Aspects of

this stage include boundary clearances, footing excavation, reinforcement etc.

(ii) The slab stage—before the concrete is poured. Aspects of this stage include floor

level check, termite treatment etc.

(iii) The frame stage—before the cladding or lining is fixed (after if the cladding forms

part of the bracing) or, for reinforced masonry construction, before the wall cavities

are filled. Aspects of this stage include sub-floor framing, lower wall framing etc.

(iv) Roof construction – at completion of roofing

(v) The final stage—Aspects of this stage include site works, drainage, fire safety,

energy and water efficiency,

(vi) Completion of the building construction and in readiness for occupation before

issuance of a certificate of compliance

5.3.2. Civil works during construction

During any stages of the civils works, the DCC will may conduct inspection as follows:

Periodic inspection to be conducted at least once every year – for purposes of ensuring

that any buildings or features are structurally sound, safe and accessible;

Ad hoc inspection – for purposes of ensuring compliance with the Reference Documents

and lawful directives issued by the DCC and concerned government authorities,

ascertaining whether the property is being used for the permitted use and addressing any

complaints, incidences or statutory notices reported to the DCC by a concerned

government authority or any third party in connection with the property.

5.3.3. Exterior works during construction

During any stages of the construction works, the DCC may conduct inspection as follows:

Periodic inspection to be conducted at least once every year – for purposes of ensuring

that any buildings or features are structurally sound, safe and accessible;

Ad hoc inspection – for purposes of ensuring compliance with the Reference Documents

and lawful directives issued by the DCC and concerned government authorities,

ascertaining whether the property is being used for the permitted use and addressing any

complaints, incidences or statutory notices reported to the DCC by a concerned

government authority or any third party in connection with the property.

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5.3.4. Alterations

During any stages of the alteration works, the DCC may conduct inspection as follows:

Periodic inspection to be conducted at least once every year – for purposes of ensuring

that any buildings or features are structurally sound, safe and accessible;

Ad hoc inspection – for purposes of ensuring compliance with the Reference Documents

and lawful directives issued by the DCC and concerned government authorities,

ascertaining whether the property is being used for the permitted use and addressing any

complaints, incidences or statutory notices reported to the DCC by a concerned

government authority or any third party in connection with the property.

5.3.5. Ad hoc inspections

The DCC may carry out ad hoc inspection of any ongoing construction or alteration works

upon issuance of notice to the property owner.

Inspections may be carried out on building sites and structures at any given time by an au

thorisedmember or representative of the DCC. The DCC reserves the right to issue an offi

cial written

order to stop construction immediately on any plot found to be in contravention of the gr

anted building approval or national building or health and safety regulations. Should there

be found a contravention,

a special hearing of the DCC with representation from the POA and the County

Government will be called within a period of not later than 20 working days to agree a re

solution to the contravention.

Should a resolution not be found the DCC reserves the right to appoint a

mediator/arbitrator.

5.3.6. Post construction inspections

Upon completion of construction of any buildings, exterior features, or civil works, the DCC

will conduct inspection as follows:

Periodic inspection to be conducted at least once every year – for purposes of ensuring

that any buildings or features are structurally sound, safe and accessible;

Ad hoc inspection – for purposes of ensuring compliance with the Reference Documents

and lawful directives issued by the DCC and concerned government authorities,

ascertaining whether the property is being used for the permitted use and addressing any

complaints, incidences or statutory notices reported to the DCC by a concerned

government authority or any third party in connection with the property.

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5.3.7. Inspection appointee:

Inspection will be carried out by representatives duly appointed by the DCC, who shall be

mandated to access any property in Tatu City solely for purposes of inspection in

accordance with these Guidelines and to make any enquiry as may be necessary.

Each inspection appointee will be issued with an identification badge and letter appointing

him /her to carry out inspection.

Neither Tatu City Limited nor the DCC shall be liable to the property owner or any third

party in respect of any incidences that occur in connection with inspection by persons who

are not expressly authorized by the DCC and notified to the property owner in writing.

5.3.8. Mode of Inspection

Inspection will be conducted with reference to the attached check-lists (as appropriate)

and the inspection appointee may take photographs, samples or additional notes on any

observations or assessments made during the inspection, take photographs or samples.

The inspection checklist will be signed by the DCC representative undertaking the

inspection and countersigned by the authorized representative of the property owner or

contractor.

The inspection appointee will be entitled to attend the inspection together with a

professional consultant (including a surveyor, architect, engineer or quantity surveyor)

engaged by the DCC to make observations, assessments and provide guidance.

5.3.9. Notices and Time of Inspection:

If the DCC intends to carry out ad hoc inspection of any property at any time during or after

construction, or periodic inspection after completion of construction, the DCC will issue

not less than forty-eight (48) hours’ prior written notice to the property owner, except in

case of an emergency in which case no notice will be required.

Inspection shall be carried out between 8am – 5pm on weekdays (excluding National Days

prescribed by the Constitution of Kenya and public holidays published in the Kenya

Gazette) except in cases of an emergency in which case inspection may be carried out at

any time.

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5.3.10. Remedial Steps:

Any breach or anomaly noted after inspection will be notified to the property owner in

writing.

The property owner shall ensure that such breach or anomaly is rectified within the

duration prescribed in the notice and to the reasonable satisfaction of the DCC, failing

which the DCC may exercise such remedies as it deems fit in accordance with the

Reference Documents.

The DCC shall not be liable to the property owner or any third party in respect of any harm,

loss or damages suffered or incurred as a result of such breach or anomaly notified by the

DCC, nor in respect of any remedial measures that ought to be taken by the property

owner, nor in respect of any consequences of non-compliance by the property owner.

5.3.11. Sub-contracting:

The DCC may outsource or sub-contract inspection and certification services to any

qualified third party service provider.

5.3.12. Information

The DCC reserves the right to collect statistics and prepare reports from inspections, and

share such information with or report any incidences to the Tatu City property owners’

association or concerned government authorities for purposes of monitoring and ensuring

compliance with applicable laws and regulations, or any lawful directives issued by such

authorities

5.3.13. Inspection Costs and Penalties:

5.3.13.1. Administrative expenses, overheads and penalties for non-compliance

5.3.13.2. Not to exceed a prescribed amount

5.3.13.3. Variation of costs and penalties

5.3.14. Compliance:

Inspection by or on behalf of the DCC shall not absolve the property owner from the duty

to comply with the Reference Documents and any directives issued by government

authorities, including but not limited to license conditions, the Building Code and any laws

pertaining to occupier’s liability.

Modification of Guidelines and Inspection Check-list:

The DCC may modify these Inspection Guidelines and any Inspection Check-list at any time

by issuance of written notice to property owners.

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5.3.15. Queries:

Any queries in relation to inspections may be sent to the DCC via the email address

dcc@tatucity.com.

5.4. Certificate of compliance

On final completion of the building and site works, including landscaping, the developer

must

submit to the head of building control one full set of “as built” drawings in hard copy, plu

s electronic format (PDF and AutoCAD).

On receipt of this information, the head of building control, together with the developer

and architect, inspect the buildings

inrespect of compliance with approved plans, signage, lighting, and landscaping.

Once satisfied, the DCC will issue a Certificate of Compliance in respect of compliance wit

h approved plans, signage, lighting, and landscaping.

Once this certificate has been issued the development will be considered complete and o

nly then

will the developer be in a position to request the retention be released, unless it has bee

n utilised in compensation for non adherence to the Contractors Code of Conduct.

6. Review and updating of development and planning controls

The DCC reserves the right to review and update these Development and Planning Controls a

s and when necessary.

Annexure A: Contractors Code of Conduct

Annexure B: Client submission checklists

Annexure C: Physical Planning Standards

Annexure D: Request for inspection

Annexure E: Architectural guidelines for Tatu Industrial Park (TIP)