BUILDING CONTROL ACT.

ARRANGEMENT OF SECTIONS.

   Section

PART I
PRELIMINARY.

   1.   Commencement.

   2.   Interpretation.

PART II
NATIONAL BUILDING REVIEW BOARD.

   3.   Establishment of the Board.

   4.   Composition of the Board.

   5.   Disqualification from appointment as member.

   6.   Tenure of office of Board members.

   7.   Remuneration of Board Members.

   8.   Filling of vacancies of the Board.

   9.   Functions of the Board.

   10.   Official seal of the Board.

   11.   Board's power to co-opt persons.

   12.   Meetings of the Board.

   13.   Committees of the Board.

PART III
SECRETARIAT AND STAFF OF THE BOARD.

   14.   Secretariat.

   15.   Executive Secretary.

   16.   Functions of Executive Secretary.

   17.   Other officers and staff of the Board.

   18.   Experts and consultants.

   19.   Protection of members and employees.

PART IV
FINANCES.

   20.   Funds of the Board.

   21.   Power to open and operate bank accounts.

   22.   Estimates.

   23.   Financial year of the Board.

   24.   Accounts.

   25.   Audit.

   26.   Investment of surplus funds.

   27.   Annual report.

PART V
BUILDING COMMITTEES.

   28.   Establishment of Building Committees.

   29.   Functions of Building Committees.

   30.   Building Committee's power to co-opt persons.

   31.   Meetings of Building Committees.

   32.   Building Control Officer.

   33.   Functions of Building Control Officer.

PART VI
CONTROL OF BUILDING OPERATIONS.

   34.   Building operations without permit prohibited.

   35.   Application for building permit.

   36.   Procedure for issuing building permit.

   37.   Appeals from decisions of Building Committee.

   38.   Building operation subject to time limit.

   39.   Permits for minor building works.

   40.   Order to stop building operation.

   41.   Remedial action on defective building.

   42.   Prohibition of building methods and materials.

   43.   Right of entry by Building Control Officer.

   44.   Occupation permit.

   45.   Liability for causing accidents on building construction site.

PART VII
MISCELLANEOUS.

   46.   National Building Code.

   47.   Reports.

   48.   Power of Minister to give directions.

   49.   Delegation of Minister's powers.

   50.   Employees of former building authorities.

   51.   Service of notices.

   52.   Regulations.

   53.   Amendment of Schedules.

   54.   Transition.

   55.   Effect on existing laws.

      Schedule 1   currency point.

      Schedule 2   Meetings and Procedure of the Board.

      Schedule 3   Meetings and procedure of Building Committees.

BUILDING CONTROL ACT.

Commencement:??????

   An Act to consolidate, harmonise and amend the law relating to the erection of buildings; to provide for building standards; to establish a National Building Review Board and Building Committees; to promote and ensure planned, decent and safe building structures that are developed in harmony with the environment; and for other related matters.

PART I
PRELIMINARY.

1.   Commencement.

   This Act shall come into force on a date appointed by the Minister, by statutory instrument.

2.   Interpretation.

   In this Act, unless the context otherwise requires—

   "access" means the possibility for any person to reach a place, maneuver within it, use a service, participate in activities provided in a public place; with dignity, independence and safety on an equal basis with others;

   "accessibility standards" refers to a practical guide to create a barrier-free physical environment in Uganda for all persons including persons with disabilities;

   "application" means an application for a building permit made under section 35;

   "architect" means a professional architect registered under the Architects Registration Act, and who is a member of the Uganda Society of Architects;

   "authorised agent" means a person authorised by a Building Committee to act on its behalf;

   "Board" means the National Building Review Board established by section 3;

   "building" means—

   (a)   any structure, whether of a temporary or permanent nature, and, irrespective of the materials used in its erection, erected or used for or in connection with—

      (i)   the accommodation or convenience of human beings or animals;

      (ii)   the manufacture, processing, storage or sale of any goods;

      (iii)   the rendering of any service;

      (iv)   the destruction or treatment of refuse or other waste material; or

      (v)   the cultivation or growing of any plant or crop;

   (b)   a swimming pool, dam, bridge, tower or other structure connected with it;

   (c)   a fuel pump or tank used in connection with a pump;

   (d)   an electrical installation or other installation connected with it;

   (e)   a gas supply installation or other installation connected with it;

   (f)   any other part of a building or of an installation connected to the building;

   "Building Committee" means a committee established under section 28;

   "Building Control Officer" means a person appointed by the District Service Commission under section 32, and includes an assistant building control officer and an authorised agent;

   "building operation" means any act done in relation to—

   (a)   the erection of a building;

   (b)   the demolition of a building;

   (c)   any temporary work on a permanent building;

   (d)   plumbing;

   (e)   drainage;

   (f)   repairs, renovations, alterations and extensions of a building;

   (g)   erosion control works; or

   (h)   the installation of utilities, including electricity and gas;

   "building plan" means architectural or engineering drawings required by a Building Committee in respect of a building operation;

   "Chairperson" means the Chairperson of the Board appointed by the Minister under section 4(3);

   "Code" means the National Building Code made under section 46;

   "currency point" means the value assigned to it in Schedule 1;

   "demolish" means any act relating to the removal of a building or any part of a building;

   "earthwork" means—

   (a)   an excavation below natural ground level;

   (b)   a fill above natural ground level; or

   (c)   a support that is required to maintain the sides of an excavation or a fill;

   "engineer" means an engineer registered under the Engineers Registration Act;

   "erection" in relation to a building, means its—

   (a)   construction;

   (b)   alteration;

   (c)   restoration;

   (d)   conservation;

   (e)   extension;

   (f)   re-building;

   (g)   repair; or

   (h)   subdivision.

   "Executive Secretary" means the Executive Secretary appointed by the Board under section 15;

   "Minister" means the Minister responsible for building works;

   "minor building works"—

   (a)   means a building operation of—

      (i)   a single storey dwelling constructed of temporary, semi-permanent or permanent materials such as mud and wattle, mud bricks, burnt bricks, concrete blocks or timber boards, and not more than 30 square metres in floor area;

      (ii)   a unit for poultry or livestock constructed of temporary semi-permanent or permanent material, not exceeding 30 square metres in floor area;

      (iii)   a tool shed, external kitchen or store, not exceeding 30 square metres in floor area;

      (iv)   a commercial structure such as a food kiosk, carpentry shed or blacksmith's shed, constructed in temporary, semi-permanent or permanent materials, and not more than 30 square metres in floor area, whether as a free standing structure or as an addition to an existing building;

   (b)   does not include additions or alterations to existing buildings relating to changes in plan or structure of the building such as painting, redecoration, replacing window or door shutters, floor finishes, wall fittings or damaged roof covering;

   "physical planner" means a physical planner possessing the relevant qualifications from a recognised institute;

   "regulations" means regulations made under section 52;

   "standard" means any standard relating to—

   (a)   quality of goods and materials;

   (b)   methods of design;

   (c)   specifications;

   (d)   workmanship; or

   (e)   any other matter relevant to buildings as specified by the Uganda National Bureau of Standards established under the Uganda National Bureau of Standards Act;

   "surveyor" means a surveyor registered under the Surveyor's Registration Act.

PART II
NATIONAL BUILDING REVIEW BOARD.

3.   Establishment of the Board.

   (1) There is established a National Building Review Board.

   (2) The Board shall be a body corporate with an official seal and may, for the discharge of its functions under this Act—

   (a)   acquire, hold and dispose of movable and immovable property;

   (b)   sue and be sued; and

   (c)   do all acts and things as a body corporate may lawfully do.

4.   Composition of the Board

   (1) The Board shall consist of—

   (a)   one representative of the department responsible for building works;

   (b)   one representative of the department responsible for physical planning;

   (c)   one representative of the ministry responsible for water and environment;

   (d)   one representative of the department responsible for housing;

   (e)   a representative of the Ministry responsible for persons with disabilities;

   (f)   one representative of each of the following professions, nominated for appointment by the relevant professional body or association—

      (i)   engineers;

      (ii)   architects;

      (iii)   physical planners;

      (iv)   surveyors;

      (v)   lawyers;

   (g)   a public health officer from the Ministry responsible for health;

   (h)   a representative of persons with disabilities nominated for appointment by the National Council for Disability;

   (i)   a representative of workers nominated for appointment by the national trade union centres;

   (j)   a representative of Uganda Local Authorities Association of Uganda nominated for appointment by the Uganda Local Governments Association;

   (k)   a representative of Urban Authorities Association of Uganda nominated for appointment by the Association of Urban Authorities;

   (l)   one person from the private sector nominated for appointment by the Private Sector Foundation.

   (2) At least one-third of the Board members shall be women.

   (3) The Minister shall appoint the members of the Board and shall designate as Chairperson of the Board, one of the members.

   (4) The members of the Board shall be eminent persons of good repute and standing in society, who are qualified and experienced or who possess specialised knowledge in matters relating to their respective fields.

   (5) A member of the Board shall hold office on terms and conditions specified in his or her instrument of appointment.

5.   Disqualification from appointment as member.

   A person shall not be appointed to the Board who is an undischarged bankrupt or who has made any assignment or arrangement with his or her creditors.

6.   Tenure of office of Board members.

   (1) A member of the Board shall hold office for three years and is eligible for reappointment for one more term.

   (2) The Minister shall appoint the first members of the Board within six months after the coming into force of this Act.

   (3) A member of the Board may, at any time, resign his or her office by letter addressed to the Minister.

   (4) A member of the Board may be removed from office by the Minister at any time if the member—

   (a)   is inefficient or incompetent;

   (

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