While Nairobi Governor Sakaja’s March 2024 declarations that developers would be allowed to build over 25 floors drew mixed reactions, the fact is that since Otis invented the lift, vertical cities have been thought of as a foregone conclusion. According to the Council on Tall Buildings and Human Habitat which provides data on high-rise buildings, the top 100 tallest buildings in the world range from 338 meters (Suning Plaza Tower, Zhenjiang) to 828 meters (the Burj Khalifa, Dubai)
While high-rise buildings are a natural consequence of the increasing population and urbanization, they are not without their risks and dangers. As taller and taller buildings are constructed in Kenya, the question becomes whether there are adequate regulations and measures to mitigate risks in the construction and structure of such tall buildings.
Construction risks include the risk of death and injury from people dropping from large heights and heavy machinery used at such heights without proper precautions, fires due to a lack of fire extinguishing facilities, and emergency exit routes.
Some of the key questions we should be asking ourselves as we build and purchase property in high-rise buildings are:
- Are developers considering issues such as strong winds which can affect the foundations of a tall building? While building permits are issued at County Government Offices and designs registered there, how can a buyer or occupier reassure themselves of design and structural stability apart from contractual warranties? There must be appropriately spaced safety audits for all buildings.
- Are county governments equipped with engineers and specialists who can assess whether a structural design for a tall building submitted to them is properly done with enough safety factors to prevent the structure from collapsing?
- Does the relevant county fire department understand how to deal with fires that happen on high floors? The challenge is that they cannot be extinguished from the outside like ordinary ones fires and emergency evacuation at particular heights can be precarious.
- Are there considerations for impacts to adjacent buildings, access to air and light? A right to light is a legal easement giving an owner of the property the right to enjoy the light passing over somebody else’s land and through apertures such as windows in their building. A new high-rise development can diminish the light through such apertures. Where this causes a nuisance, the property owner may have the right to take legal action.
- Are there laws in place regulating the design and construction of tall buildings? Our antiquated Building Code of 1968 is only now undergoing an overhaul and there are no specific codes, laws, or regulations governing safety for tall buildings.
It may be time for Kenya to consider specific building safety legislation and a dedicated department that oversees compliance.
Please contact Divinah Sarange Ongaki (dso@smc-legal.com or info@smc-legal.com) in case you require any clarification on the contents of this article.