This is the version of this Legal Notice as it was from 24 April 2020 to 30 December 2022. Read the latest available version.
The National Construction Authority (Defects Liability) Regulations, 2020
Related documents
- Is amended by 24th Annual Supplement

LAWS OF KENYA
NATIONAL CONSTRUCTION AUTHORITY ACT
THE NATIONAL CONSTRUCTION AUTHORITY (DEFECTS LIABILITY) REGULATIONS, 2020
LEGAL NOTICE 64 OF 2020
- Published in Kenya Gazette Vol. CXXII—No. 75 on 24 April 2020
- Commenced on 24 April 2020
Part I – PRELIMINARY
1. Citation
These Regulations may be cited as the National Construction Authority (Defects Liability) Regulations, 2020.2. Interpretation
In these Regulations, unless the context otherwise requires—"commercial building" means premises occupied wholly or partially for the purposes of trade or business or for the purposes of rendering services for money or money's worth;"contractor" means a person registered under section 15 of the Act;"defects liability period" means a period after the construction of a commercial building has been completed, from practical completion to hand-over of the commercial building during which a contractor may return to the commercial building to remedy any patent defects;"latent defect" means a concealed structural flaw in a commercial building or fixed installation that exists but is not apparent or readily detectable during the latent defects liability period;"owner" means a person who enters into a contract with a contractor for the construction of a commercial building;"patent defect" means a defect which is detectable upon reasonable inspection during the construction period and can be notified to the contractor either before practical completion or during the defects liability period;"practical completion" means the completion of a commercial building upon which the relevant county government issues a certificate of occupation;"relevant professional" means a person who is registered—(a)as an engineer under the Engineers Act, 2011 (No. 43 of 2011); or(b)as an architect or quantity surveyor under the Architects and Quantity Surveyors Act, (Cap. 525); and"sub-contractor" means a person who is not named in the main contract as a subcontractor, but is appointed by an owner as a subcontractor for the construction of the commercial building that is the subject of the main contract.Part II – DEFECTS LIABILITY
3. Patent defects liability period
4. Obligations of parties during the patent defects liability period
5. Latent defects liability period
6. Insurance cover for latent defects
7. Insurance by owner
Every owner of a commercial building shall at all times insure the commercial building against structural damage attributable to the owner._______________
History of this document
31 December 2022
Revised by
24th Annual Supplement
Read this version
24 April 2020 this version
Commenced