Despite what may appear as an increase in cases of structurally unsound buildings as reported in the media in recent months, the National Construction Authority (NCA) has been doing a commendable job policing the construction industry in the country. They have intensified site visits, slapped hefty fines on errant developers as well as contractors and stopped non-compliant projects. In addition, they have enlisted the support of the Kenya Police in enforcing compliance with building regulations by holding sensitization meetings with officers from the Service and having them accompany NCA officials on site visits. But with thousands of construction projects going on in the country at any one time, the Authority is stretched thin and has to, on many occasions, rely on intelligence and random site inspections.
Several studies have been done to establish the real reasons why some developers and contractors fail to comply with the stringent NCA regulations. In one recent study by University of Nairobi Masters Degree in Project Planning student Rachael Gichuke, it was found that several factors played an important part in determining the extent to which a developer was compliant.
A developer’s financial capacity was identified as one of the main factors. It was found that the ability of a developer to finance the project through completion without struggling had a positive influence on compliance with NCA regulations. Whether it’s cash at hand, overdraft or buying on credit etc., a project is a cash-intensive undertaking that requires these facilities. However, not all developers have the muscle and a name to attract funding especially from financial institutions. And even when they do, interest rates in the country remain high and sometimes come to haunt the borrower post-project or even before completion. This probably explains why some developers will look for shortcuts here and there, playing cat-and-mouse games with the NCA and other regulatory authorities.
Technological capacity also plays a role in enabling compliance. Small developers or contractors who may not have access to information technology may not always be able to comply with requirements, especially those that involve online applications. In other cases, even those who try to are frustrated by poor connectivity.
Inadequate human capital was cited as another impediment to compliance. The ability to successfully undertake projects largely depends on the skill set of each individual working on the project, be they artisans or technical personnel. Generally, organizations with good human resources tend to be keen in observing laid down procedures and ensuring that each specific task is executed in accordance with requirements for that task. Developers and contractors who may not have sufficient human capital are more prone to cutting corners in some areas, thereby eventually compromising the integrity of projects.
In an earlier study, another Masters Degree in Construction Management student Esther Gacheru of JKUAT found that many contractors felt that the fees levied by NCA were high. A significant number did not view NCA favourably as a positive force in the construction industry and were inclined not to comply with certain provisions. Some felt the Authority was merely a government tool to collect revenue, underlining the extent of misinformation that exists in the sector. This attitude is not uncommon towards most government institutions that are charged with regulating various sectors. Others cited corruption in the regulatory process as a dissuading factor. However, none of the contractors surveyed backed this claim with evidence. None of them was willing to admit having taken part in any corrupt transaction or name anyone who had. Still, others felt adequate sensitization about the role of NCA and what they need to do in order to be compliant was lacking. However, NCA has in recent years embarked on training aimed at addressing these concerns.
While there is no real excuse not to comply with the law, the NCA and other regulatory bodies need to continue listening to stakeholders in the sector in order to identify areas where adjustments in procedures or other changes may help minimize compliance challenges.
