KCC locks horns over building plans

Jan 20, 2009

KAMPALA City Council (KCC) has issued a February 18 deadline for developers who have altered building plans to take action or face the law. The big question, however, is: Where was KCC when these structures were being altered?<br>

KAMPALA City Council (KCC) has issued a February 18 deadline for
developers who have altered building plans to take action or face the law. The big question, however, is: Where was KCC when these structures were being altered?

The developers and City Hall have traded accusations as to who is to blame for the mess. Some developers are giving excuses: “With the contracting of street parking to Multiplex, we thought it was no longer necessary to provide for parking space within the premises,” argued one developer.

While the building owners have erred, KCC takes the greatest blame. They have the law in place, but have failed to enforce it.

The deputy mayor, Florence Namayanja, blamed the incompetence on the KCC technical staff, saying they should be dismissed.

“They are answerable for that mess. Their incompetence has tarnished KCC’s image. They are supposed to inspect city developments. How can plans be altered as they look on?” she asked.

“KCC has a team of technical staff including community development officers, health officers and building inspectors. They have supervisory roles but are not exercising them.”

Namayanja also said apart from buildings with altered plans, there are others, including fuel stations in the city and its periphery, whose plans were not approved by KCC.

But a staff member says the defiance of KCC rules by developers was a result of political backing by government bigwigs who work undercover in the name of local investors.

“Those in the technical wing would want to implement the city rules, but are barred by threats from powerful individuals,” says the source.

Other sources also say it was wrong for Namayanja to berate the technical staff while she is the political head of construction.

“Namayanja is the secretary for works. What has she done during her tenure? She has the responsibility to guide the technical side, but she has failed,” observes a staff member.

Eng. Daniel Kaboggoza, a city building inspector, says the standard requirements for storey buildings for offices or shopping malls in Kampala include a spacious main staircase; fire escape staircases and fire alarm systems, sufficient ventilation, adequate public toilets, disableds’ ramps, sufficient parking space and lift facilities.

While the guidelines are in place, the situation on the ground is different. From Kampala Road to the down town areas, developers have converted parking lots into shops, restaurants or bars. Some who bought old buildings have made extensions onto the road reserves.

The city development section is mandated to inspect developments at different construction levels to ensure compliance with the building rules and the approved plan.

The Town Clerk, Ruth Kijjambu, admits she is aware of incompetence and laxity among some staff and says they are handling it as an administrative matter. She says local government minister Kahinda Otafiire had asked for the list of the city building inspectors.

Kijjambu says failure by developers to comply with the latest directive will attract sanctions like prosecution and denial of trading licenses.

“We shall charge them under rule 21 section 133 of the Public Health Act,” says an official, adding that though some of the arcades had partial occupation permits, others did not.

Kaboggoza says alteration of building plans occurs in two forms — non completion of buildings and diversion from approved plans.

“Usually when a developer asks for an occupation permit, everything is in line with the approved plan. But after issuing the permit, you find things altered and shops partitioned. Some buildings plan to have a given number of stories including one for parking but the developer fails to build it,” he says.

He adds that the building regulation requires inspectors to oversee each stage of the construction at the invitation of the developer.

When contacted for a comment,
some of the developers
sounded committed to work
with KCC while others said
they had parking space.

Manisuuli Matovu, the owner
of Zai Plaza, former Sax Pub
and Sunset Arcade said: “We
will work with KCC to improve
the situation.”

“What is your concern? Are you a KCC staff? You can write your story the way you want. I know someone is after me. I am away in China, doing my business, leave me alone, ” said Ephraim Ntaganda, the owner of EM Plaza, before he hang up.

Drake Lubega said those accusing him had not inspected his Energy Centre facility. “If I managed to construct a helicopter parking at the top of the building, can I fail with a simple parking space? I have it and that’s it.”

Godfrey Kirumira said it was wrong for KCC to go through the press before informing them formally.

Another developer who spoke on condition of anonymity said the responsibility to avail parking lay with Multiplex, the company KCC contracted to manage city car parking. “If they have no space, let them buy land and construct a parking complex. We cannot lose our valuable space for parking,” a developer said, threatening to drag KCC to court.

The spokesperson of the Kampala City Traders Association, Isa Ssekito, said the body would meet the developers to chart a way forward.

According to a brochure titled: How To Put Up A Safe Building, a developer must undertake three stages from inception of construction idea to the time of occupation.

First is submission and approval of plans whereby a developer obtains four sets of a submission form from the building inspector.
At the commencement of construction, after the plan has been approved, the developer should give notice to the chief town planner, providing date and time of commencement.

The developer then obtains a job card from the area building inspector. The job card enables engineers to inspect the development as construction progresses. Inspection is done at every stage of construction.

On completion of construction, the developer or his architect shall complete a certificate of occupation and permit of occupation. Inspection is done at sh80,000.

If the building is in conformity with the approved plans, the principal surveyor recommends that the chief town planner issues a written permit of occupation.

SOME OF THE DEFAULTERS


  • The Energy Centre, Plot 16C Market Street, owned by Drake Lubega. The parking slots were turned into shops

  • Majestic Plaza, Plots 22 William Street and 37 Luwum Street owned by Lubega. Parking slots are used as shops

  • Ephraim Ntaganda’s EM Plaza, Plot 81, Kampala Road has no parking lot

  • Plot 13 A, Wilson Road, belonging to Roofings Limited. The parking space is being used as a storage facility

  • JBK Plaza, Plot 25, Luwum Street, owned Deus Kakeeto. Parking lot missing

  • A complex on Plot 15, Nakivubo Road, owned by Danat Kananura, has no parking yard

  • Maria’s Galleria, Plot 15, Luwum Street. Two levels of the basement meant for parking were diverted to other uses

  • Bosco Muwonge’s nine-level building on plot 32, William Street is supposed to have parking for 25 vehicles
  • Mabirizi City Complex owned by Steven Kalanzi Katabazi was designed to have a 40-vehicle parking lot

  • A building on Plot 62, Ben Kiwanuka Street, owned by Danata Investments had plans for a 17-car parking lot but the parking lot was not built
  • A building on Plot 27, William Street owned by Nterefune General Enterprises was meant to have 21 parking slots
  • A building on Plot 24, Luwum Street owned by Bamubende Merchandise has no parking lot
  • Sunset Arcade at Wilson Road has no parking space and fire escape
  • Lubega’s building that houses Astoria Hotel on Plot 6A, Burton Street has no parking
  • Azida’s Basajja’s building on Plot 17, Market Street was meant to have parking

  • Manisuuli Matovu’s building, Plot 1, Block D, Market Street (former Sax Pub) though not complete, clearly indicates it will have no parking lot

  • Avemar on Plot 30, Luwum Street, owned by Manisuuli Matovu

  • Yamaha Centre owned by Christopher Saazi

  • Godfrey Kirumira’s Royal Complex at 16A, Market Street was designed to have a basement parking lot

  • The owner of the building on Plot 56 Kyaggwe Road is accused of encroaching on the road reserve.

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