Proposed NCA Amendments Trigger Conflict Over Construction Oversight

The National Construction Authority (NCA) Amendment Bill 2022 has sparked a heated debate within the built environment, as professional associations raise concerns over potential regulatory overreach. At the center of the dispute is a proposal to grant the NCA powers to register and regulate professional consultants, a role currently held by specialized boards such as the Board of Registration of Architects and Quantity Surveyors (BORAQS) and the Engineers Board of Kenya (EBK).

Industry players argue that the proposed changes would lead to a duplication of roles, causing confusion in the management of construction projects. Professional bodies have voiced their opposition during public participation forums, claiming that the bill undermines existing statutes that already govern the conduct and licensing of architects, engineers, and quantity surveyors. They contend that the NCA was originally established to oversee contractors and construction sites, rather than the professionals who design and supervise the works.

The bill also seeks to introduce new levies and expanded enforcement powers for the NCA. Proponents of the legislation argue that the authority needs more robust legal backing to address the persistent issue of building collapses and substandard construction practices across the country. By centralizing oversight, supporters believe the government can better monitor the entire lifecycle of a project, from the initial design phase to final occupancy.

However, critics suggest that the solution to construction failures lies in better coordination and enforcement of existing laws rather than creating a new layer of bureaucracy. They warn that the bill could lead to increased costs for developers and a fractured regulatory environment where professionals are answerable to multiple masters with conflicting requirements. The parliamentary committee overseeing the bill is expected to review the submissions from various stakeholders before the document proceeds to the next stage of the legislative process.