In Kenya's rapidly expanding real estate market, the quality of architectural design is increasingly determining the profitability of rental investments. While the allure of maximising units on a plot often drives developers, neglecting fundamental design principles can result in properties that are difficult to rent and expensive to maintain, ultimately costing landlords substantial revenue.

Many rental properties, particularly in urban centres like Nairobi, suffer from poor ventilation and inadequate natural lighting. This is a common issue in both low and middle-income estates, where buildings are often constructed in close proximity, blocking sunlight and hindering air circulation. Such conditions not only make living spaces less desirable but can also contribute to health issues for occupants, including respiratory problems and headaches, according to pharmacists in areas like Pipeline Estate.

Historical and Political Context

Kenya's building regulations have evolved over time, with the first by-laws introduced by the Colonial Government in 1926 for the Nairobi Town Council. These were later replaced by the Nairobi City Council By-laws (Building) in 1948 and the current Building Code, adopted in 1968, which is a replica of British Building Regulations. A comprehensive review of planning and building regulations became necessary due to changing socio-economic dynamics, leading to the introduction of Code 95 in 1995, aimed at reducing building costs and promoting innovative designs.

Despite these regulations, enforcement remains a significant challenge. The National Construction Authority (NCA) reported in November 2024 that over 50% of buildings in Nairobi fail to meet basic safety standards, primarily due to substandard materials and poor workmanship. This disregard for regulations is often attributed to corruption, weak enforcement, and the high demand for affordable housing.

Laws, Policy, and Governance

The cornerstone of construction regulations in Kenya is the Building Code of 2019, a comprehensive document that superseded its predecessors. Key regulations include general construction requirements, National Environmental Management Authority (NEMA) standards, and public health act provisions. Developers are required to obtain approved architectural and structural drawings, county construction permits, and adhere to zoning and land use regulations.

The Physical Planning Act dictates land use and zoning, while local authorities specify requirements such as ground coverage and parking space. For instance, in most areas around Nairobi, ground coverage is limited to 50% of the plot size, and each rental unit is typically required to have 1.5 car parking spaces.

Stakeholders and Testimonies

Architects play a crucial role in ensuring quality designs that consider human space requirements and compliance with building codes. Adrian Gachewa, a graduate architect, noted in July 2023 that the cost of design can range from KSh 35,000 for a KSh 3 million construction project to KSh 200,000 for a KSh 10 million project, representing up to 6% of the total construction cost. However, some developers opt for cheaper, unapproved designs, leading to subpar rentals.

Tenants are increasingly prioritising well-designed spaces. Properties with appealing interiors, neutral aesthetics, ample natural light, and modern fixtures are more likely to attract tenants quickly and command higher rental rates. Conversely, poorly designed houses with issues like dampness, mould, and structural defects increase risks and reduce desirability.

Evidence and Data

Risks and Implications

The implications of poor design extend beyond financial losses for landlords. Unregulated building practices contribute to chaotic urban landscapes, increased crime rates in poorly lit areas, and infrastructure overload. Environmental consequences include deforestation, construction on riparian lands, and increased flooding. The risk of building collapses due to design and construction flaws is also a serious concern, as highlighted by past incidents and recommendations from commissions of inquiry.

Unknowns and Controversies

While the negative impacts of poor design are evident, the extent to which developers are held accountable for non-compliant structures remains a point of concern. The effectiveness of existing regulatory bodies in enforcing building codes and preventing the proliferation of substandard housing is often debated. The balance between providing affordable housing and ensuring quality and safety standards continues to be a challenge.

Timeline and Next Steps

The National Building Code of 2019 provides the current framework for construction. Ongoing efforts to review and harmonise physical planning and building laws, as initiated in 2009 with the proposed Planning and Building Bill, aim to address existing gaps.

What to Watch

Stakeholders should monitor the enforcement of the Building Code 2019 and any further legislative developments aimed at improving building standards. The role of county governments in strengthening compliance and enforcement departments, as well as public reporting mechanisms for unsafe buildings, will be critical in mitigating the risks associated with poor designs.

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• Case studies of successful rental property developments that prioritise tenant well-being and design quality.