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Every building must have a valid occupation permit

Before a construction project takes off, the developer is required to get permits giving it a greenlight. PHOTO/file.

What you need to know:

  • In Uganda, the Condominium Property Act, 2001 and the Regulations of 2002 regulate and guide the management and ownership of these properties.

A condominium is an ownership arrangement in which a building is divided into multiple units that are either separately owned or owned in common with exclusive rights of occupation by individual owners. 

Recently, several associations of condominium owners petitioned the Inspector General of Government (IGG) Beti Olive Kamya-Turomwe over  they claimed were substandard building materials, inferior plumbing and electrical equipment and wiring, poor and low power voltage and  unfinished works. by the developers.

The developers on the other hand claimed they had followed regulations and that is why all condos had occupation permits. 

In Uganda, the Condominium Property Act, 2001 and the Regulations of 2002 regulate and guide the management and ownership of these properties.

Occupation permits

According to section 34 of the Building Control Regulations, 2020, the application must be accompanied by as-built drawings for the building layout, electrical drawings, mechanical engineering drawings, structural engineering drawings, certificates of fitness of the electrical installations issued by an engineer, mechanical installation issued by an engineer, a certificate of practical completion and any other document as may required by the building committee.

If  satisfied , that the building has been erected in conformity with the approved plans and regulations, the building committee can proceed and issue an occupation permit. 

And if  unsatisfied, the committee  can withhold the permit and notify the developer in writing.  If the building later falls into disrepair or is deemed unsafe, the building committee may revoke the occupation permit.

In case of any doubts about the occupation permit issued by the committee, regulation 41(2f) of the Building Control Regulations, 2020 gives the buyer of a condominium a right to appeal to the National Building Review Board (NBRB).  In addition to  monitoring all building developments,  this body oversees, inspects and monitors the operations of building committees.

Despite these legal provisions, a survey conducted by the NBRB in 2021, established that only about seven  percent of the completed buildings in the 11 cities of Uganda had occupation permits, which raises concerns about their safety.  

It is therefore, illegal for any building, to be occupied without a permit and anyone who does so commits an offence and is liable on conviction.  

To ensure your occupancy is lawful demand for a copy of the permit.  

Partial permit  

According to section 44 of the Building Control Act, 2013, upon the completion of a building, the owner shall notify the building committee in accordance with the approved plans and regulations. 

The developer then shall apply for a temporary occupation permit or partial occupation permit.

If the building later falls into disrepair or is deemed unsafe, the building committee may revoke the permit.