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DCC_001
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: [email protected]
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
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)