MAKERERE UNIVERSITY

COLLEGE OF ENGINEERING, DESIGN, ART

SCHOOL OF BUILT ENVIRONMENT

DEPARTMENT OF CONSTRUCTION ECONOMICS AND

MANAGEMENT

BACHELOR OF SCIENCE IN QUANTITY SURVEYING

QUS 3205 CONSTRUCTION CONTRACT LAW FOR SURVEYORS
LECTURER: DR DANS NSHEKANABO NATURINDA
GROUP 6
DATE: 7TH MARCH, 2023.

S/N NAME REG NO

1 MWAJE NASSER 20/U/2097/PS

2 DRASIKU JUDE AUGUSTINE 20/U/0590

3 JUMBA BRUNO 20/U/15618

4 ATWINE IAN 20/U/2130/PS

5 RUHANGAATWIINE METHODIUS 20/U/0572

6 AKWAKA INNOCENT 18/U/170

 QUESTIONS
1. Identify laws in Uganda that are applicable in construction and examine their relevance to
the industry.
2. What are the key strengths and limitations of the Building Control Act, 2013?

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 Table of Contents
List of Figures................................................................................................................................iii
List of Abbreviations.......................................................................................................................iv
1.0 LAWS APPLICABLE IN CONSTRUCTION INDUSTRY AND THEIR RELEVANCE.........1
1.1 Introduction.......................................................................................................................1
1.2 Laws Applicable in Construction in Uganda....................................................................1
1.3 Relevance of the Building Laws in the Construction Industry........................................20
2.0 STRENGTHS AND LIMITATIONS OF THE BUILDING CONTROL ACT, 2013.............22
2.1 Introduction.....................................................................................................................22
2.2 Strengths of the Building Control Act, 2013...................................................................22
2.3 Limitations of the Building Control Act, 2013................................................................24
CONCLUSION..............................................................................................................................26
References.....................................................................................................................................27

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 List of Figures
Figure 2-1: Building Inspection Booklet......................................................................................23
Figure 2-3: Code of Conduct Manual..........................................................................................23
Figure 2-2: Permit Issuance Procedures Manual........................................................................23

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 List of Abbreviations
BC – Building Committee
BCO – Building Control Officer
BCR – Building Control Regulations
Cap – Chapter
COVID-19 – Corona Virus Disease of 2019
EIA – Environmental Impact Assessment
GDP – Gross Development Product
KCCA – Kampala City Council Authority
NBC – National Building Codes
NBRB – National Building Review Board
NPA – National Planning Authority
OHS – Occupational Health and Safety
PPE – Personal Protective Equipment
PWD – Persons with Disabilities
UNESCO – United Nations Educational, Scientific and Cultural Organisation
UNRA – Uganda National Roads Authority
UWA – Uganda Wildlife Authority

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 1.0 LAWS APPLICABLE IN CONSTRUCTION INDUSTRY AND THEIR
RELEVANCE
1.1 Introduction
With reference to the Uganda National Commission for UNESCO (2013), the construction
industry provides over 12% of Uganda’s GDP therefore it has witnessed a steady growth over
the past 30 years. Despite the recent upsurge in the inflation rate growing at approximately an
annual average of 11.62%, the sector has continued to have a steady path of growth and
development.
Due to that contribution to Uganda’s GDP, there is a management of the industry that comprises
of mainly 2 service groups which are; Professional services group which consists the Engineers,
Surveyors and Architects and the Construction services group that has the construction
contractors. These groups therefore must be monitored by regulatory bodies and institutions that
ensure that the service groups run systematically and in accordance to their objectives.
In order to meet the objectives of the service groups, there are laws that were established to
control the construction industry in Uganda due to the deficiencies in the existing laws,
uncontrolled human settlement, insufficient building developments, etc. The principal law that
governs construction in Uganda is the Building Control Act, 2013 that came to operation in
2018.
1.2 Laws Applicable in Construction in Uganda
1.2.1 The Building Control Act,2013
The Law was enacted on 2nd October 2013 and it started functioning in 2018. According to
National Building Review Board (2020), The Building Control Act, 2013 is a critical piece of
legislation that regulates the construction industry in Uganda. It provides for the control and
regulation of buildings' construction, alteration, and demolition in the country. The Act's primary
objective is to ensure that buildings are constructed safely, efficiently, and to acceptable
standards.
However, here are some of the additional ways the Act is relevant: -
i. Establishment of the BC’s: These are responsible for overseeing the implementation of
the Act's provisions. The Board has the authority to issue permits for building
construction, demolition, and alteration, as well as to enforce compliance with building
codes and regulations.
ii. Establishment of BCO’s: These are responsible for ensuring that buildings are
constructed in accordance with the approved plans and specifications. The Building
Control Officers have the power to stop construction work that is not in compliance with
the Act's provisions and to order the correction of any non-compliant work.

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 iii. Establishment of the NBRB: This hears appeals against decisions made by the Building
Committees or the Building Control Officers.
1.2.2 Building Control Regulations, 2020
Section 52 of The Building Control Act (2013), the minister is given powers on advice from the
NBRB to make regulations for better carrying into effect of the provisions of the act. Therefore,
under the provision the Building Control Act of 2013, the Minister of Works and Transport
issued the BCR, 2020 and prescribe the following procedural matters: -
i. The content of the building plans and other documents to be submitted as per the
requirement of the act.
ii. The penalties for breach of the regulations.
iii. The costs and procedures to be paid in respect of any appeal lodged with the NBRB.
1.2.3 The National Building Codes, 2019
Section 46 of The Building Control Act (2013), the minister is given powers to issue the NBC.
The NBC therefore provides for matters relating to: -
i. Building Standards
ii. Structural Design
iii. Plumbing
iv. Electrical Installations
v. Mechanical Installations
vi. Accessibility standards
vii. Postal Code Numbering.
With reference to National Building Review Board (2020), the NBC was issued by the minister
compiling existing written standards and unwritten standards relating to building operations. The
NBC, 2019 was released in chapters or statutory instruments as follows: -
i. The National Building (Building Standards) Codes: This provides standards for both
private and public buildings in aspects of site laying, building design, building materials,
building services, environmental protection, and energy efficiency in buildings.
ii. The National Building (Structural Design) Codes: This provides the basis of design,
standards for loads, the characteristics of strength of structural materials, geotechnical
investigations to ensure that buildings perform satisfactorily during the intended life,
sustain all loads and deformations of normal construction and use and afford adequate
durability and resistance to the effects of nature; to ensure due regard is given to
economy in design, structural safety, serviceability and durability
iii. The National Building (Standards for Electrical Installations for buildings) Codes: This
provides for standards for electrical installations including designs, methods of
installation, fundamental requirements for safety, wiring and wiring accessories, etc.
iv. The National Building (Accessibility for persons with disabilities) Codes: This provides
for standards that must be complied with by all buildings accessible by PWDs. E.g.,
signage used should be international symbol of access.

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 v. The National Building (Standards for Mechanical Installations for buildings) Codes: This
deals with standards for plumbing works, drainage works, septic tanks, cess pools and
latrines
vi. The National (Post Code Numbering) Codes: This adopts addressing standards which
include a description of the different postal and geographical address type to facilitate
local government and other agencies, business, and postal courier operators in the
efficient and effective delivery of postal and other social services.
1.2.4 The Constitution of Republic of Uganda
This is the supreme law that governs Uganda and all the other laws must conform with it. It
however doesn’t directly address the construction industry of Uganda but it provides the legal
framework which is essential to the industry. The constitution has provisions on property rights
and the natural environment which are very important in the operation of the construction
industry.
1.2.5 The Physical Planning Act, 2010
This Act provides for the establishment of the National Physical Planning Board, its
composition, functions, and procedure of the Board. It also establishes district and urban physical
planning committees, provides for the making and approval of physical development plans and
for the applications for development permission. (National Building Review Board, 2020)
However, the act in general provides an institutional framework that ensures that development is
orderly, coordinated, and sustainable. It also encourages public participation in the planning
process which reflects that development is carried out in a way all the stakeholders conform
with.
1.2.6 The National Environment Act, 2019
This Act provides for the law relating to environmental management in Uganda and the
management of the environment for sustainable development. It also establishes the National
Environment Management Authority as a coordinating, monitoring, regulatory and supervisory
body for all activities relating to environment, provides for emerging environmental issues
including climate change, the management of hazardous chemicals and biodiversity offsets.
(National Building Review Board, 2020)
It provides for strategic environmental assessment on how to address environmental concerns
arising out of petroleum activities and midstream operations, management of plastics and plastic
products. The Act further establishes the Environmental Protection Force.
With the provision of penalties, the act ensures that the construction industry operates within the
legal and institutional framework that protects the people’s interests and ensures sustainable
development is established.

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1.2.7 Land Act, Cap 227
The Land Act provides for the tenure, ownership and management of land and it amends and
consolidates the law relating to tenure, ownership, and management of land in Uganda. (National
Building Review Board, 2020)
However here are some of the ways the act is relevant to the construction industry: -

i. Land Registration: All land transactions in Uganda must be registered with the relevant
government authorities, which helps to ensure the security of land ownership and reduce
disputes over land. This means that developers must ensure that the land they acquire for
construction purposes is registered and free from any disputes.
ii. Protection of Tenants and Occupants of Land: This means that tenants and occupants
have security of tenure and cannot be arbitrarily evicted from the land. Therefore,
developers must ensure that they have obtained the necessary permissions and
agreements from tenants or occupants of land before carrying out construction activities.
iii. Establishment of a Land Commission: This is responsible for the management and
administration of public land in Uganda. It therefore has the power to lease or sell public
land for development purposes hence the construction industry can access land.
1.2.8 Registration of Titles Act, Cap 230
This Act according to National Building Review Board (2020), regulates the transfer of land and
registration of titles in Uganda. Here are some of the ways the act is relevant to the construction
industry: -
i. Establishment of a System of Land Registration and Title Certification: It provides for
the creation of land registers, which contain information about the ownership, occupation,
and use of land and also provides for the issuance of land title certificates which are proof
of ownership of land. This enables developers ensure that any land they acquire for
construction purposes has a valid and registered title.
ii. Protection of Registered Land Titles Against Adverse Claims: A registered land title is
protected against any claims that may arise against the land or the title itself. The
protection ensures that developers can invest in and develop land without the risk of
losing their investment due to adverse claims.
iii. Creation and Registration of Different Types of Interests in Land: The rights such as
leases, mortgages, and easements enable developers to create and register interests in land
that are necessary for construction purposes, such as leases for construction sites,
mortgages to secure financing for construction, and easements to enable access to and
from construction sites.
1.2.9 Public Health Act, Cap 230
This Act consolidates the law regarding to preservation of public health in Uganda. Here are
some of the ways the act is essential in the construction industry: - (National Building Review
Board, 2020)

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i. Compliance with Public Health Regulations: It sets out a range of regulations related to
public health like sanitation, waste disposal, and disease control measures. This means
that developers must ensure that their construction comply with these regulations to
ensure the health and safety of workers and the public.

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 ii. Establishment of Public Health Authorities and Officers: These authorities and officers
are responsible for enforcing public health regulations, carrying out inspections, and
responding to public health emergencies hence developers work closely with public
health authorities and officers to ensure compliance with regulations and to address any
public health concerns that may arise during construction.
iii. Provision of Adequate Sanitary Facilities on Construction Sites: Developers must ensure
that construction sites have adequate toilet facilities and that workers have access to clean
water and hygiene facilities. Failure to provide adequate sanitary facilities can result in
the spread of disease and illness among workers and the public.
iv. Prevention and Control of Infectious Diseases: This includes the measures for control of
outbreaks and epidemics like COVID-19. Developers therefore must take appropriate
measures to prevent the spread of infectious diseases among workers and the public. This
may include measures such as the establishment of hygiene protocols, and the
implementation of social distancing measures.
1.2.10 Occupational Health and Safety Act, 2006
This Act consolidates and harmonises the law relating to occupational health safety in Uganda.
and repeals the Factories Act, Cap.220. It is relevant as it ensures that construction workers are
provided with a safe and healthy working environment. (National Building Review Board, 2020)
Here are some of the ways the act is relevant to the construction industry: -
i. Safety and Health of Workers: Employers in the industry must take appropriate measures
to protect the safety and health of workers, including providing a safe working
environment, providing PPE, and implementing safety procedures and protocols.
ii. Establishment of OHS Committees: These committees are responsible for promoting and
maintaining a safe and healthy working environment, identifying, and assessing
workplace hazards, and making recommendations for the prevention of occupational
accidents and diseases hence developers must establish and work closely with
Occupational Health and Safety committees to identify and address hazards and to ensure
compliance with safety regulations.
iii. Reporting of Occupational Accidents and Diseases: Employers must report any
occupational accidents or diseases to the relevant authorities, and must keep records of
such incidents therefore there is need appropriate reporting procedures to ensure that any
accidents or illnesses that occur during construction are properly reported and recorded.
iv. Regulation of Certain Hazardous Substances and Processes: Developers must ensure that
appropriate measures are taken to protect workers and the public from exposure to
hazardous substances and processes like asbestos and hazardous chemicals.
1.2.11 The Public Procurement and Disposal of Assets Act, 2003
This Act establishes the Public Procurement and Disposal of Public Assets Authority to
formulate policies and regulate practices in respect of public procurement and disposal activities.
It also helps in the procurement of construction materials. This Act is particularly relevant to
public funded projects. (National Building Review Board, 2020)

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1.2.12 Engineer’s Registration Act, Cap 271
According to The National Building Review Board (2020), the Act provides for the
establishment of the Engineers Registration Board, its powers and functions and provides for the
registration of engineers.
1.2.13 Surveyor’s Registration Act, Cap 275
This Act as identified by The National Building Review Board (2020), provides for the
establishment of the Surveyors Registration Board, its powers and functions and provides for the
registration of surveyors
1.2.14 Architect’s Registration Act, Cap 269
This Act provides for the establishment of the Architects Registration Board, defines the powers
and functions of the board, and provides for the registration of architects. (National Building
Review Board, 2020)
1.2.15 Local Government Act, Cap 243
This Act provides for the law relating to local governments in line with the Constitution and
gives effect to the decentralisation and devolution of functions, powers, and services. It provides
for decentralisation at all levels of local governments to ensure good governance and democratic
participation in, and control of, decision making by the people. It further provides for revenue
and the political and administrative setup of local governments, and election of local councils.
(National Building Review Board, 2020)
Here are the ways in which the act is relevant to the construction industry: -
i. Management of local government authorities: Local government authorities are
responsible for planning and implementing development programs and projects,
including infrastructure development and construction therefore construction companies
and developers work closely with local government authorities to ensure compliance with
planning and building regulations, and to obtain the necessary permits and approvals
required for construction activities.
ii. Establishment of Local Government Planning Committees: These committees are
responsible for preparing and implementing local government development plans which
may include plans for infrastructure development and construction.
iii. Regulation of Public Works and Contracts: Local government authorities are responsible
for the management and implementation of public works and contracts, including the
procurement of construction services and the management of construction projects.
iv. Establishment of Local Government Funds: These funds are used to finance local
government development programs and projects, including infrastructure development
and construction.

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1.2.16 The Police Act, Cap 303
This Act as mentioned by The National Building Review Board (2020), provides for the
structure, organisation and functions of the police force, a police disciplinary code of conduct, a
Police Welfare Fund, a police tender board among others. Under section 4 of the Act, the police
are mandated to among others enforce the laws of Uganda and to prevent and detect crime in the
society. Therefore, the police are an important body in as far as investigation of offences under
the Building Control Act, 2013 is concerned. Once the police have investigated any criminal
matter, the record of investigation is submitted to the Office of the Director of Public
Prosecutions who, under article 120 of the Constitution, is mandate to prosecute criminal matters
in courts of law.
1.2.17 The Uganda National Roads Authority Act, 2006
This Act provides for the establishment and operation of the UNRA for the purpose of managing
the provision and maintenance of all national roads network in efficient and effective manner,
render advisory services to the government and any other related matters.
1.2.18 The Condominium Property Law Act, 2001
This Act governs the ownership and management of condominium properties in Uganda. It was
introduced to provide a legal framework for the development, registration, and management of
the condominium properties in Uganda.
Here are some of the ways the act is applied in the construction industry: -
i. Establishment of Condominium Ownership: Condominium ownership allows for multiple
owners to own individual units within a single building, while also sharing ownership of
common areas and facilities that means that developers can create and sell condominium
units within a single building providing a more efficient use of space and resources.
ii. Creation and Registration of Condominiums: Developers must comply with these
requirements when creating and selling condominium units, including the preparation of
a declaration and by-laws that set out the rights and obligations of owners and the
management of the property.
1.2.19 Kampala Capital City Act, 2010
This Act provides a legal framework for the planning, development, and management of
Kampala as a capital city. Here are some ways in which the act is relevant to the construction
industry: -
i. Land use planning: There is preparation and implementation of land use plans for the
city, which help to guide the location and type of construction activities in the city.
ii. Building codes and regulations: The act establishes the development and enforcement of
building codes and regulations, which ensure that construction in the city meet minimum
standards for safety, health, and environmental protection.

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 iii. Construction permits: There is issusance of construction permits by the KCCA, which are
required for any construction within the city limits. This helps to ensure that all
construction activities are properly authorized and regulated.
iv. Infrastructure development: The development of infrastructure within the city, including
roads, water supply, sanitation, and waste management systems. This infrastructure is
critical to support the construction industry and facilitate the delivery of construction
projects.
1.2.20 Land Acquisition Act, 2014
This Act provides a legal framework for the acquisition of land for public purposes, including
construction of infrastructure such as roads, bridges, schools, hospitals, and other public
facilities. Here are some ways in which the act is relevant to the construction industry: -
i. Land acquisition: The acquisition of land for public purposes through a transparent and
fair process, which includes compensation to affected landowners. This helps to facilitate
the acquisition of land for construction projects such as roads, bridges, and other public
infrastructure.
ii. Compensation: Payment of fair and adequate compensation to landowners who are
affected by the acquisition of their land for public purposes. This compensation is based
on the market value of the land and other relevant factors, and helps to ensure that
affected landowners are not disadvantaged by the acquisition.
iii. Project planning and implementation: The acquisition of land for public purposes be
based on a comprehensive project plan that outlines the objectives, scope, and budget of
the project. This helps to ensure that construction projects are properly planned and
implemented, and that they meet the needs of the public.
iv. Environmental and social impact assessment: The act requires that an environmental and
social impact assessment be conducted before the acquisition of land for public purposes.
This assessment helps to identify potential environmental and social impacts of the
project, and to develop mitigation measures to address these impacts.
1.2.21 The Wildlife Act, 2019
This Act provides legal protection for wildlife and their habitats. Here are some ways in which
the act is relevant to the construction industry: -
i. Environmental Impact assessment: The act requires that an environmental impact
assessment (EIA) be conducted before any development project is carried out in or near a
protected area. This includes construction activities that may affect wildlife or their
habitats. The EIA helps to identify potential environmental impacts of the project and to
develop mitigation measures to minimize these impacts.
ii. Habitat conservation: The act provides legal protection for wildlife and their habitats,
including protected areas such as national parks and wildlife reserves. This helps to
ensure that construction activities do not adversely affect wildlife populations or their
habitats.

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iii. Wildlife management: The act provides for the management of wildlife populations in
Uganda, including measures to prevent poaching and illegal wildlife trade. This helps to
ensure that construction activities do not contribute to the decline of wildlife populations.

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 iv. Collaboration with wildlife authorities: The act requires that developers collaborate with
the Uganda Wildlife Authority (UWA) to ensure that construction activities are carried
out in compliance with wildlife protection laws. This helps to ensure that construction
activities are carried out in a responsible and sustainable manner.
1.2.22 The Water Act, Cap 152
The Act provides legal provisions for the management, regulation, and protection of water
resources. Here are some ways in which the act is relevant to the construction industry: -
i. Water use: The act provides for the regulation of water use, including water abstraction,
treatment, distribution, and disposal. This is important for the construction industry as
construction projects often require large quantities of water, and the act provides a legal
framework for the sustainable use of water resources.
ii. Water quality: The act provides for the protection of water quality, including the
prevention of pollution and degradation of water resources. This is important for the
construction industry as construction activities can have a significant impact on water
quality, and the act provides a legal framework for the prevention of harmful
environmental impacts.
iii. Licensing: The act provides for the licensing of water abstraction, treatment, and disposal
facilities. This is important for the construction industry as construction projects may
require the installation of water infrastructure, and the act provides a legal framework for
the licensing of such facilities.
iv. Water rights: The act provides for the allocation and management of water rights,
including the right to use and access water resources. This is important for the
construction industry as construction projects may require the allocation of water rights,
and the act provides a legal framework for the allocation and management of such rights.
v. Water catchment management: The act provides for the management of water catchment
areas, including measures to prevent soil erosion, deforestation, and other activities that
may degrade water resources. This is important for the construction industry as
construction activities can contribute to soil erosion and deforestation, and the act
provides a legal framework for the prevention of such activities.
1.2.23 The Mining Act, 2003
This Act governs the exploration, development, and production of minerals, including
construction materials such as sand, gravel, and stone. Here are some ways in which the act is
relevant to the construction industry: -
i. Licensing: The act provides for the licensing of mineral exploration, development, and
production activities. This is important for the construction industry as construction
projects may require the extraction of minerals such as sand and gravel, and the act
provides a legal framework for the licensing of such activities.

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 ii. Environmental Impact assessment: The act requires that an environmental impact
assessment (EIA) be conducted before any mining activity is carried out. This includes
activities related to the extraction of construction materials. The EIA helps to identify
potential environmental impacts of the project and to develop mitigation measures to
minimize these impacts.
iii. Royalties: The act provides for the payment of royalties on minerals extracted from the
land. This is important for the construction industry as construction projects may require
the use of minerals such as sand and gravel, and the act provides a legal framework for
the payment of royalties on such minerals.
iv. Health and safety: The act provide for measures to ensure the health and safety of
workers engaged in mining activities. This is important for the construction industry as
construction projects may require the use of construction materials extracted through
mining activities, and the act provides a legal framework for ensuring the health and
safety of workers engaged in such activities.
1.2.24 The Uganda National Planning Authority Act, 2002
This Act 2002 guides the planning and development of Uganda. The Act established the National
Planning Authority (NPA), which is responsible for coordinating and supervising national
development planning.
While the Act may not have direct provisions related to construction, it does have relevance in
the construction industry in Uganda. The Act provides the legal framework for national
development planning, which includes infrastructure development, such as roads, bridges,
buildings, and other public works.
1.2.25 The Contracts Act, 2010
This Act governs the formation, interpretation, and enforcement of contracts in Uganda. In the
construction industry, contracts are an essential aspect of project delivery, and the Contracts Act
has relevance in several ways, including: -
i. Formation of Contracts: The Contracts Act establishes the legal framework for forming
contracts. It sets out the requirements for offer, acceptance, and consideration, which are
essential elements of any contract. These principles are important in the construction
industry, where contracts are used to formalize agreements between parties, such as
contractors, subcontractors, and suppliers.
ii. Interpretation of Contracts: The Act provides guidance on how contracts should be
interpreted. This is important in the construction industry, where contracts can be
complex and involve several parties. The Act establishes rules for interpreting the terms
of a contract, including the use of common industry standards and trade practices.
iii. Performance and Breach of Contracts: The Act provides remedies for breaches of
contract, such as termination, damages, and specific performance. This is particularly
relevant in the construction industry, where delays, defects, and other issues can arise
during project delivery.

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1.2.26 The Companies Act, 2012
This Act regulates the formation, management, and dissolution of companies in Uganda. The
construction industry in Uganda relies heavily on companies, including those involved in
contracting, subcontracting, consulting, and supplying materials and equipment. The Companies
Act has relevance in the construction industry in several ways, including: -
i. Formation of Companies: The Act provides the legal framework for forming companies
in Uganda. This is important in the construction industry, where companies are often
formed for specific projects or to provide specialized services. The Act sets out the
requirements for forming a company, including the minimum number of shareholders and
directors, and the procedures for registration.
ii. Management of Companies: The Act provides rules and guidance on how companies
should be managed, including the roles and responsibilities of directors, shareholders, and
officers. This is important in the construction industry, where effective management is
essential for delivering projects on time, within budget, and to the required quality
standards.
iii. Liability of Companies: The Act establishes the liability of companies for their actions
and obligations. This is important in the construction industry, where companies can be
held liable for damages resulting from defective construction or breaches of contract.
iv. Dissolution of Companies: The Act provides the procedures for dissolving companies,
including voluntary and involuntary dissolution. This is important in the construction
industry, where companies may need to be dissolved after completing a project or if they
become financially insolvent.
v. Corporate Governance: The Act establishes principles of corporate governance, including
transparency, accountability, and fairness. These principles are important in the
construction industry, where stakeholders, including clients, investors, and the public,
expect companies to operate ethically and responsibly.
1.2.27 Anti-corruption Act, 2009
This Act prevents, detects, and punishes corruption in Uganda. The construction industry is
particularly vulnerable to corruption due to the large amounts of money involved, the complexity
of projects, and the involvement of multiple parties. The Anti-Corruption Act has relevance in
the construction industry in several ways, including: -
i. Prevention of Corruption: The Act provides measures to prevent corruption, including the
establishment of codes of conduct, mandatory disclosure requirements, and the promotion
of ethical behaviour. These measures are essential in the construction industry, where
corrupt practices can lead to substandard construction, delays, and increased costs.
ii. Detection of Corruption: The Act establishes mechanisms for detecting corruption,
including the establishment of the Inspectorate of Government, which is responsible for
investigating and prosecuting corruption cases. This is important in the construction
industry, where corruption can be difficult to detect due to the complexity of projects and
the involvement of multiple parties.

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 iii. Punishment of Corruption: The Act provides severe penalties for corruption, including
fines, imprisonment, and confiscation of assets. This is important in the construction
industry, where corrupt practices can have severe consequences for public safety and the
economy.
iv. Whistle-blower Protection: The Act provides protection for whistle-blowers who report
corruption, including protection from retaliation and legal immunity. This is essential in
the construction industry, where whistle-blowers play a crucial role in exposing corrupt
practices.
1.2.28 Electricity Act, 1999
This Act regulates the generation, transmission, distribution, supply, and use of electricity in
Uganda. The construction industry is an important user of electricity, and the Electricity Act has
relevance in the construction industry in several ways, including: -
i. Licensing of Electricity Generation and Distribution: The Act establishes the licensing
regime for electricity generation and distribution companies in Uganda. This is important
in the construction industry, where companies may need to obtain licenses to operate
power plants or transmission lines for construction projects.
ii. Electricity Connection: The Act provides the legal framework for connecting premises to
the electricity grid, including the procedures for obtaining a connection and the rights and
obligations of parties involved. This is important in the construction industry, where
electricity is essential for powering equipment and lighting on construction sites.
iii. Safety and Quality Standards: The Act establishes safety and quality standards for the
generation, transmission, and distribution of electricity. This is important in the
construction industry, where electrical hazards can be a significant risk to workers and
the public.
iv. Tariff Regulation: The Act provides for the regulation of electricity tariffs, including the
setting of prices and the procedures for determining tariffs. This is important in the
construction industry, where electricity costs can be a significant factor in project
economics.
v. Renewable Energy: The Act provides for the promotion and development of renewable
energy sources, including solar, wind, and geothermal energy. This is important in the
construction industry, where there is growing demand for sustainable and
environmentally-friendly construction practices.
1.2.29 The Petroleum (Exploration, Development and Production) Act, 2013
This Act 2013 governs the exploration, development, and production of petroleum resources in
Uganda. The construction industry is a significant user of petroleum products, and the Petroleum
Act has relevance in the construction industry in several ways, including: -

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 i. Environmental Impact Assessment: The Act requires companies to conduct
environmental impact assessments (EIAs) before undertaking petroleum exploration,
development, or production activities. This is important in the construction industry,
where environmental impact assessments are necessary before starting construction
projects that may have significant environmental impacts.
ii. Health and Safety Standards: The Act establishes health and safety standards for
petroleum activities, including the use and storage of petroleum products. This is
important in the construction industry, where petroleum products are commonly used in
construction equipment and vehicles.
iii. Land Acquisition: The Act provides for the acquisition of land for petroleum activities,
including compensation for landowners. This is important in the construction industry,
where land acquisition is often necessary for construction projects.
iv. Revenue Sharing: The Act provides for revenue sharing between the government and
petroleum companies, including the establishment of a Petroleum Fund. This is important
in the construction industry, where petroleum activities can generate significant revenue
for the government, which can be used to fund infrastructure projects.
v. Local Content: The Act provides for local content requirements in petroleum activities,
including the use of local goods and services and the employment of Ugandan citizens.
This is important in the construction industry, where local content requirements can help
to promote the development of local businesses and create job opportunities for
Ugandans.
1.2.30 Workers’ Compensation Act, Cap 225
This Act provides for the compensation of workers who suffer from work-related injuries or
diseases. The construction industry is known to have several hazards, and the Workers'
Compensation Act has relevance in the construction industry in several ways, including: -
i. Coverage of Work-Related Injuries and Diseases: The Act provides for the compensation
of workers who suffer from work-related injuries or diseases. This is important in the
construction industry, where workers are exposed to various hazards such as falls from
height, electrocution, and exposure to hazardous materials.
ii. Employer's Liability: The Act places liability on employers to compensate their workers
for work-related injuries or diseases. This is important in the construction industry, where
employers have a responsibility to provide a safe working environment for their workers.
iii. Medical Expenses and Rehabilitation: The Act provides for the payment of medical
expenses and rehabilitation costs for workers who suffer from work-related injuries or
diseases. This is important in the construction industry, where workers may require
medical attention and rehabilitation services due to work-related injuries or diseases.
iv. Disability Benefits: The Act provides for disability benefits for workers who suffer
permanent or temporary disabilities as a result of work-related injuries or diseases. This is
important in the construction industry, where workers may suffer disabilities due to
work-related accidents or illnesses.

15
 v. Death Benefits: The Act provides for death benefits for the dependents of workers who
die as a result of work-related injuries or diseases. This is important in the construction
industry, where workers may die due to work-related accidents or illnesses.
1.2.31 Traffic and Road Safety Act, 2020
This Act governs road safety in Uganda. The construction industry is known to have a significant
impact on road safety, and the Traffic and Road Safety Act has relevance in the construction
industry in several ways, including: -
i. Safety of Workers and Pedestrians: The Act requires construction companies to take
appropriate measures to ensure the safety of workers and pedestrians in and around
construction sites. This is important in the construction industry, where workers and
pedestrians may be at risk of accidents due to construction activities.
ii. Traffic Management: The Act requires construction companies to implement traffic
management plans to ensure the safe flow of traffic around construction sites. This is
important in the construction industry, where construction activities can cause traffic
congestion and disrupt the safe flow of traffic.
iii. Compliance with Road Safety Standards: The Act requires construction companies to
comply with road safety standards, including the use of appropriate signage, lighting, and
barriers. This is important in the construction industry, where construction activities can
impact road safety.
iv. Safety of Heavy Vehicles: The Act requires construction companies to ensure the safety
of heavy vehicles used in construction activities, including the maintenance and
inspection of such vehicles. This is important in the construction industry, where heavy
vehicles are commonly used to transport materials and equipment.
v. Protection of Road Infrastructure: The Act provides for the protection of road
infrastructure, including roads, bridges, and culverts, from damage due to construction
activities. This is important in the construction industry, where construction activities can
impact road infrastructure.
1.2.32 The Stamp Duty (Amendment) Act, 2020
This Act provides for the payment of stamp duty on various types of transactions, including the
transfer of property. The construction industry involves the transfer of property and other
transactions that may attract stamp duty, and the Stamp Duty Act has relevance in the
construction industry in several ways, including:
i. Transfer of Property: The Act requires the payment of stamp duty on the transfer of
property, including land, buildings, and other assets. This is relevant to the construction
industry as property transfers are common in the industry, and developers may be
required to pay stamp duty on the transfer of land or other assets.
ii. Leases and Tenancy Agreements: The Act requires the payment of stamp duty on leases
and tenancy agreements. This is relevant to the construction industry as developers may
enter into lease agreements for construction sites or other assets.

16
 iii. Mortgages and Debentures: The Act requires the payment of stamp duty on mortgages
and debentures. This is relevant to the construction industry as developers may need to
raise funds for construction projects through mortgages or debentures, which may attract
stamp duty.
iv. Construction Contracts: The Act does not require the payment of stamp duty on
construction contracts. However, stamp duty may be payable on the transfer of property
or assets related to the construction project.
1.2.33 The National Forestry and Tree Planting Act, 2003
i. The Act provides for the protection, management, and sustainable use of forests and trees
in Uganda. The construction industry can have a significant impact on forests and trees,
and the National Forestry and Tree Planting d trees. This is important in the construction
industry as construction activities can result in deforestation, soil erosion, and other
environmental impacts.
ii. Protection of Forest Reserves: The Act provides for the protection of forest reserves and
prohibits the clearing or destruction of forest reserves without authorization. This is
important in the construction industry as developers may need to clear land for
construction projects, and the Act ensures that this is done in a sustainable manner that
protects forest reserves.
Tree Planting: The Act provides Act has relevance in the construction industry in several ways,
including: -
iii. Environmental Impact Assessment: The Act requires developers to conduct an
environmental impact assessment before undertaking any construction activities that may
have an impact on forests an
iv. for the planting of trees on public and private land and encourages the integration of
trees into construction projects. This is relevant to the construction industry as developers
can incorporate trees into construction projects to provide shade, enhance the aesthetics
of the project, and reduce the environmental impact of the project.
v. Forest Management: The Act provides for the sustainable management of forests and
trees and ensures that the benefits of forests and trees are shared equitably. This is
important in the construction industry as developers may need to source wood products
for construction projects, and the Act ensures that this is done in a sustainable and
equitable manner.
1.2.34 The National Physical Planning Standards and Guidelines, 2011
The Standards and Guidelines are a set of regulations that provide for the planning and
management of physical development in Uganda. The construction industry is one of the major
contributors to physical development, and the National Physical Planning Standards and
Guidelines have relevance in the construction industry in several ways, including: -
i. Land Use Planning: The Guidelines provide for land use planning and zoning regulations
that ensure that land is used in a sustainable and efficient manner. This is relevant to the
construction industry as developers may need to obtain permits for construction projects,

17
and the Guidelines ensure that these projects are in line with the land use planning and
zoning regulations.

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 ii. Building Standards: The Guidelines provide for building standards that ensure that
construction projects are safe, healthy, and environmentally sustainable. This is important
in the construction industry as buildings that do not meet these standards can pose a risk
to public health and safety.
iii. Environmental Impact Assessment: The Guidelines require developers to conduct an
environmental impact assessment before undertaking any construction activities that may
have an impact on the environment. This is important in the construction industry as
construction activities can result in environmental impacts such as soil erosion, water
pollution, and habitat destruction.
iv. Access to Services: The Guidelines provide for the provision of basic services such as
water, sanitation, and energy to support physical development. This is relevant to the
construction industry as developers need to ensure that their construction projects have
access to these services.
1.2.35 The Penal Code Act, Cap 120
This Act outlines criminal offenses and their corresponding penalties. The Act has relevance in
the construction industry in Uganda in several ways, including: -
i. Criminal Liability: The Penal Code Act provides for criminal liability for offenses
committed during construction activities, such as building collapse due to negligence or
failure to comply with building codes. This means that developers, contractors, and
engineers who violate building codes or engage in unsafe construction practices may be
held criminally liable and face penalties under the Act.
ii. Fraud and Corruption: The Act also provides for criminal liability for fraud and
corruption offenses that may occur in the construction industry, such as bribery or
kickbacks in the award of construction contracts. This is relevant as the construction
industry can be susceptible to such practices, and the Act provides a legal framework for
prosecuting those who engage in them.
iii. Damage to Property: The Act also provides for criminal liability for damage to property,
which can occur during construction activities. This means that developers and
contractors may be held liable for any damage caused to neighbouring properties or
public infrastructure during their construction activities.
iv. Public Safety: The Act also provides for criminal liability for offenses that may pose a
risk to public safety, such as the use of substandard building materials or failure to
comply with building codes. This is relevant as construction projects that do not meet
safety standards can pose a risk to public safety.
1.2.36 The Mortgage Act, 2009
This Act governs the provision of mortgages and the regulation of mortgage institutions in
Uganda. The Act has relevance in the construction industry in Uganda in several ways,
including: -

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 i. Financing Construction Projects: The Act provides for the establishment and regulation
of mortgage institutions that offer financing for construction projects. This is relevant to
the construction industry as developers and contractors may require financing for their
projects, and the Act provides a legal framework for accessing this financing.
ii. Collateral for Construction Loans: The Act provides for mortgages to be used as
collateral for construction loans. This means that developers and contractors can secure
loans for their construction projects by offering the property as collateral. The Act
provides a legal framework for the registration, transfer, and discharge of mortgages,
which is important in the construction industry.
iii. Protection of Homeowners: The Act provides for the regulation of mortgage institutions
to protect homeowners who obtain mortgages to finance the construction or purchase of
their homes. This includes provisions for transparency in mortgage transactions and the
establishment of a Mortgage Registry to provide information on mortgages.
iv. Promotion of Property Ownership: The Act promotes property ownership by providing a
legal framework for the registration and transfer of property ownership. This is relevant
to the construction industry as developers and contractors can use the Act to legally
transfer ownership of properties to buyers.
1.2.37 The Human Rights Enforcement Act, 2019
This Act provides for the enforcement of human rights in Uganda. While it may not have a direct
impact on construction activities, the Act has relevance in the construction industry in Uganda in
several ways, including: -
i. Protection of Workers' Rights: The Act provides for the protection of workers' rights,
including the right to a safe working environment, fair treatment, and just compensation.
This is relevant to the construction industry as workers in this sector may be exposed to
hazards and may require protection under the Act.
ii. Protection of Community Rights: The Act provides for the protection of community
rights, including the right to clean and healthy environments, access to information, and
the right to participate in decision-making processes that affect them. This is relevant to
the construction industry as construction activities can impact the environment and
surrounding communities.
iii. Protection of Human Dignity: The Act provides for the protection of human dignity,
which is relevant to the construction industry as it involves the creation of living and
working spaces that respect the dignity of individuals.
1.2.38 Income Tax (Amendment) Act, 2017
This Act amends the Income Tax Act, 2014. It governs the taxation of income in Uganda. The
Act has relevance in the construction industry in Uganda in several ways, including: -

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 i. Taxation of Construction Income: The Act provides for the taxation of income derived
from construction activities, including income from the sale of properties, rental income,
and income from construction contracts. This is relevant to the construction industry as
developers, contractors, and other actors in this sector may be subject to income tax on
their earnings.
ii. Deductibility of Construction Expenses: The Act provides for the deductibility of
expenses incurred during construction activities, including expenses related to materials,
labour, and equipment. This is relevant to the construction industry as it allows
developers, contractors, and other actors to reduce their taxable income by deducting
their expenses.
iii. Withholding Tax on Construction Payments: The Act provides for the withholding of tax
on payments made to contractors for construction services. This is relevant to the
construction industry as it requires developers and other clients to withhold a percentage
of the payment and remit it to the tax authorities, which can affect the cash flow of
construction projects.
iv. Tax Incentives for Construction: The Act provides for tax incentives for construction
activities, including deductions for investment in certain sectors and tax holidays for
certain types of investments. This is relevant to the construction industry as it encourages
investment in this sector and can support the growth and development of the industry.
1.2.39 Employment Act, 2006
This Act governs various aspects of employment in Uganda. The Act is relevant to the
construction industry in Uganda in several ways, including: -
i. Employment Contracts: The Act provides for the regulation of employment contracts,
including minimum terms and conditions of employment such as wages, working hours,
leave entitlements, and termination procedures. This is relevant to the construction
industry as it helps to ensure that workers in the sector are employed under fair and
equitable conditions.
ii. Occupational Health and Safety: The Act provides for the regulation of occupational
health and safety in the workplace, including the provision of a safe working
environment, protective equipment, and the prevention of workplace accidents and
injuries. This is relevant to the construction industry as it is a high-risk sector that
requires strict adherence to health and safety regulations to prevent accidents and injuries.
iii. Employment of Women and Children: The Act provides for the protection of women and
children in the workplace, including the regulation of working hours and conditions, and
the prohibition of child labour. This is relevant to the construction industry as it can be
physically demanding work that may not be suitable for women and children, and
employers need to comply with regulations to avoid legal and ethical issues.
1.2.40 The Investment Code, 2019
This Code aims to promote investment, both domestic and foreign, in various sectors of the
economy, including the construction sector. The Investment Code is relevant to the construction
industry in Uganda in several ways, including: -

21
 i. Investment Opportunities: The Investment Code provides information on investment
opportunities in Uganda, including in the construction sector. This is relevant to the
construction industry as it can help investors identify potential investment opportunities
and make informed investment decisions.
ii. Investment Incentives: The Investment Code provides for various investment incentives,
including tax exemptions, customs duty waivers, and investment guarantees. This is
relevant to the construction industry as it can encourage investment in the sector and
support its growth and development.
iii. Investment Protection: The Investment Code provides for the protection of investments,
including protection against expropriation, nationalization, and other forms of unfair
treatment. This is relevant to the construction industry as it can provide investors with
confidence that their investments will be protected and can encourage them to invest in
the sector.
iv. Investment Facilitation: The Investment Code provides for the facilitation of investment,
including through the establishment of a one-stop centre for investment, streamlined
investment processes, and investment promotion. This is relevant to the construction
industry as it can help to attract and facilitate investment in the sector and support its
growth and development.
1.2.41 The Arbitration and Conciliation Act, 2008
This Act provides a legal framework for the resolution of disputes through arbitration and
conciliation in Uganda. It is relevant to the construction industry in Uganda in several ways,
including: -
i. Dispute Resolution: The Act provides for the resolution of disputes through arbitration
and conciliation, which can be faster, more efficient, and less costly than traditional court
litigation. This is relevant to the construction industry as disputes often arise in
construction projects, and arbitration and conciliation can be effective means of resolving
them.
ii. Contractual Agreements: The Act recognizes the validity of arbitration and conciliation
clauses in contractual agreements. This is relevant to the construction industry as
construction contracts often contain such clauses to provide for dispute resolution.
iii. Appointment of Arbitrators: The Act provides for the appointment of arbitrators by the
parties to the dispute or by an appointing authority. This is relevant to the construction
industry as it allows parties to select arbitrators with expertise in construction disputes.
iv. Enforcement of Arbitration Awards: The Act provides for the enforcement of arbitration
awards in the same manner as court judgments. This is relevant to the construction
industry as it provides a mechanism for enforcing awards in construction disputes.
1.2.42 Chattels Securities Act, 2014
This Act governs the use of movable property as collateral for loans or other forms of credit. It is
relevant to the construction industry in Uganda in several ways, including: -

22
 i. Financing Construction Projects: The construction industry requires significant
investment in terms of financing, and the use of movable property as collateral can be an
effective means of securing funding for construction projects. The Chattels Securities Act
provides a legal framework for the use of movable property as collateral, which can
facilitate financing for construction projects.
ii. Security for Construction Loans: The Chattels Securities Act allows for the creation of
security interests in movable property, which can be used as collateral for construction
loans. This is relevant to the construction industry as it can help to secure funding for
construction projects and provide lenders with a means of recovering their investment in
the event of default.
iii. Priority of Security Interests: The Chattels Securities Act provides rules for determining
the priority of security interests in movable property, which can be important in the
context of construction projects. For example, if multiple lenders have security interests
in the same property, the Act provides rules for determining which lender has priority.
iv. Enforcement of Security Interests: The Chattels Securities Act provides procedures for
enforcing security interests in movable property, including the sale of the property to
satisfy the debt. This is relevant to the construction industry as it provides a mechanism
for lenders to recover their investment in the event of default.
1.3 Relevance of the Building Laws in the Construction Industry
Building Laws According to Kyagaba (2023), are a set of legal regulations that govern the
construction, renovation, and demolition of buildings. They cover various areas e.g., Building
codes, Zoning Regulations, Environmental Regulations Health and Safety Regulations and
Permission and Inspection Requirements.
There are various Building Laws e.g., The Building Control Act, 2013, Building Control
Regulations, 2020 etc. Below are the general ways in which Building Laws are relevant in the
construction industry in Uganda: -
1.3.1 Protection of the environment
Most of the building codes and regulations provide regulations that require builders to use
environmentally sustainable materials and methods. This thereby minimises the impact of the
building construction on the environment and hence reduce energy consumption.
1.3.2 Ensure Accessibility for all persons
The National Building Codes that have an instrument about accessibility of persons with
disabilities that ensures that all buildings are constructed to be accessible to PWD’s. this includes
the requirement of ramps, parking space, lifts, etc.

23
1.3.3 Ensure Safety
The building laws like The National Building (Structural Design) Codes and The National
Environment Act ensure that buildings are safe for occupants, visitors, and the neighbouring
natural environment. They specify minimum standards for construction materials, structural
integrity to ensure safety of those using the building and seek the need of environmental impact
assessment to seek how the building affects the natural environment.
1.3.4 Prevent Property Damage
Building Laws also help to avoid property damage by laying down requirements for building
materials, design and techniques which minimise the risk of damage from natural disasters like
earthquakes and floods.

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 2.0 STRENGTHS AND LIMITATIONS OF THE BUILDING CONTROL
ACT, 2013
2.1 Introduction
The Building Control Act,2013 was enacted on 2nd October, 2013 but commenced on 2nd April,
2018. The main role of the act as stated by the Building Control Act (2013), is to unite,
correspond and amend the law relating to the construction of buildings, specify building
standards, create the National Building Review Board and Building Committees, and guarantee
planned, decent and safe building structure that are developed in harmony with the environment.
However, before the Building Control Act was enacted regulation of buildings was done by the
Public Health Act, Cap 281. The Ministry of Health had powers over buildings and these were
technical and administrative. Due to the change in the building sector over the past 30 years,
there was need for a specific law that governs the construction of buildings hence leading to the
establishment of the BCA,2013.
2.2 Strengths of the Building Control Act, 2013
The Building Control Act of 2013 has the following strengths that make it essential to the
construction industry in Uganda: -
2.2.1 Establishment of the NBRB
The act establishes the NBRB that has various functions which are specified in Section 9 of the
Building Control Act (2013), such as monitoring building developments, oversee, inspect, and
monitor operations of Building Committees, hear appeals from persons dissatisfied with
decisions of the Building Committees etc. The NBRB in summary ensures that act is
implemented effectively.
2.2.2 Put in place Building control documents, manuals, procedures, and processes
The act enables the NBRB to establish building control documents manuals, procedures, and
processes e.g., the Permit Issuance Procedures, Inspection Booklets, Code of conduct and
practice for construction sites, Standard Operating Procedures for building sites during COVID-
19 Pandemic etc.

25
Figure 2-3: Code of Conduct Manual Figure 2-2: Permit Issuance Procedures Figure 2-1: Building Inspection Booklet
Manual

2.2.3 Provision of Stringent penalties

The act provides strict penalties than the previous laws for liability including sanctions in Section
42 of the Building Control Act (2013) including: -
i. Failure to comply to legal notice or stop order
ii. Deviating from the approved plan or using an unapproved plan
iii. Obstructing BCO from accessing the building site
iv. Submitting false documentation
2.2.4 Engage Registered Construction Professionals
The act engages registered construction professionals for design and supervision of building
operations as seen under the Regulations that help in the implementation of the act and only
registered construction professionals are eligible to be members of the NBRB.
2.2.5 Regulation of the building construction
The act provides regulations to be followed during construction of buildings. This is therefore to
ensure that buildings are constructed in a safe and standardised way.
2.2.6 Issuance of Permits
The act requires the builders and the building inspectors to be licensed by the building
committees before the works are undertaken. This enables ensure that the builders and inspectors
are competent enough to carry out their roles and the buildings are safe during the construction
time and fit for occupation.
2.2.7 Provision of inspection of buildings during construction for compliance
The act empowers the BCO to enter any building premises to carry out inspections and any tests
if he wishes as per Section 43 of the Building Control Act (2013).

26
2.2.8 Subjects building construction period to time limitations
The act lists the time within which the construction must start which is within 12 months and end
within 60 months so any time beyond that requires one to ask for a time extension as per section
43 of The Building Control Act (2013).
2.2.9 Creation of the National Building Codes
The act empowers the Minister of Works and Transport after consultation with the NBRB to
create the NBC. The NBC includes all matters relating to building standards, structural design,
electrical installations, fire safety etc. The codes are established after 6 months on the
commencement of the Act.
2.2.10 Creation of the Building Regulations
The act empowers the Minister of Works and Transport to make the building regulations and
amend them to enforce the act better. The regulations include the Building Control
Regulations,2020 and the Building Control (Fees) Regulations, 2020. These are shown by the act
in sections 52 and 53.
2.3 Limitations of the Building Control Act, 2013
Even though the act has various strengths, it also has limitations attached to it as any other law.
These are identified below: -
2.3.1 Ignorance of the Public, Builders and the Building Control Officers.
Most of the builders, developers, and property owners are not aware of the Act and its
provisions. This therefore leads to non-compliance and lack of accountability for the builders and
BCO’s.
2.3.2 Limited Scope of the act
The act puts its emphasis on complex buildings which are approximately above 2 floors thereby
smaller buildings are not subject to the building control regulations thereby risking the lives of
the occupants.
2.3.3 Corruption
The Building Control Officers and the members of the Building Committees can take bribes
thereby bending the law for those people hence limiting the compliance of the act hence risking
the lives of the occupants, builders, and the natural environment. This is due to the little
renumeration that is given to them since it is identified by the Act.
2.3.4 Insufficient Penalties
The penalties that are established by the act are not sufficient to scare off non-compliance
particularly for developers putting up multi- million projects.

27
2.3.5 Inadequate Enforcement
Despite the fact of the existence of the act, its enforcement is still very weak therefore leading to
its non-compliance being on the rise. This could be due to lack of workforce by the building
committees and other agencies that must enforce them as there are few professionals that are
willing to work in places far from cities and the capital.
2.3.6 Limited engagement by the stakeholders
There is limited involvement of the stakeholders e.g., the builders and the property owners
during the creation and formation of the regulations thereby leading to non-compliance by these
people since they are not involved in their formation.
2.3.7 Emphasis on safety over quality
The main emphasis of the act is on the safety of the buildings whereby even the property owners
are not well equipped about the best materials and building practices thereby the construction
teams that prepare the act neglect the quality of work.

28
 CONCLUSION
Since the construction industry in Uganda is fast growing and covers approximately 12% of the
GDP, there was need to establish laws i.e., building laws that can regulate it to control the
various difficulties that arise due to the changing technologies hence the need of the laws to
control the uncontrolled human settlement and mend the inadequacies of the existing law. The
Building Control Act of 2013 therefore is the principal law that governs all the building
operations in Uganda hence it precedes over all other laws or acts. However, despite the
existence of the Building Laws almost all the Acts and Regulations in Uganda play a role in the
construction industry through the criminalising of corruption by building officers, protection and
ensuring of safety of the workers, and natural environment, the procurement of the construction
materials and construction services to mean but a few for all the acts that have been identified
above.
The Laws therefore act as the driving force in the development of the construction industry
which must be controlled to have a uniform and sustainable development throughout the country.
Failure to establish the Laws that regulate construction may lead to the construction of unsafe
structures or buildings, poor quality of construction, lack of accountability of the people involved
in the construction industry, disputes and conflicts that thereby slow down the development of
the construction industry and environmental damage.
Despite the Building Control Act of 2013 mending and harmonising all the previous construction
laws like the Public Health Ac, The Factories Act, etc that majorly aimed at the health of the
public and the working conditions of the workers of people that work in factories and not the
safety of the buildings being put up and the safety of the builders, etc. The Building Control Act
of 2013 being the principal law that governs construction in Uganda established itself with very
many strengths such as creation of penalties, issuance of permits etc. However, despite its
strengths, it is affected by a few limitations that are caused by the various changing technologies
in construction thereby needing a lot of amending in the future.

29
 References
Government of Uganda. (2013). The Building Control Act. Entebbe: The Uganda Gazzette.
Kyagaba, I. N. (2023, March 8). Chambers and Partners. Retrieved from Chambers and
Partners Website: https://practiceguides.chambers.com/practice-guides/construction-
law-2022/uganda
National Building Review Board. (2020). Implementation Guide. Kampala: NBRB.
Uganda National Commission for UNESCO. (2013). Uganda and UNESCO Annual Information
Magazine 2012/13. natcomreport.com.

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