construction permitting reforms in ease of doing … · article 12: required conditions for...

Detailed District Physical Plans for Kicukiro & Gasabo, Kigali, Rwanda

CONSTRUCTION PERMITTING REFORMS

IN EASE OF DOING BUSINESS IN RWANDA

Detailed District Physical Plans for Kicukiro & Gasabo, Kigali, RwandaDetailed District Physical Plans for Kicukiro & Gasabo, Kigali, Rwanda

BACKGROUND OF REFORMS

Source: Doing business report 2019


DB RANKING 2019



COMPARISON WITH DB RANKING 2018



CASE STUDY ASSUMPTIONS(SIMPLE WAREHOUSE)


Will be used for general storage activities, such as storage of books or

stationery. The warehouse will not be used for any goods requiring special

conditions, such as food, chemicals, or pharmaceuticals.

Will have maximum two stories (G+1), both above ground, with a total

constructed area of approximately 1,300.6 square meters

Will be located on a land plot of approximately 929 square meters

Will not be located in a special economic or industrial zone.

Will have road access and be located in the periurban area of the economy’s

largest business city (that is, on the fringes of the city but still within its official

limits).

Will take 30 weeks to construct (excluding all delays due to administrative

and regulatory requirements).


REFORMS FOR DB 2020


1. A new Ministerial Order Determining the Categorization of Buildings,

Conditions and Procedures for application of Building Permits was adopted;

2. A new Ministerial Order determining Urban Planning and Building

Regulations was adopted;

4. revised Rwanda Building Code;

5. Ministerial Order on Environmental Impact Assessment also adopted

5. Revision of Annex 3 on Faults and Sanctions related to Rural and Urban

Planning ;

6. Green Building Minimum Compliance Requirements were adopted.

AMENDMENT OF THE CODE AND MINISTERIAL ORDERS


NEW COMPONENTS02


Ministerial Order on Building Categorization and Permitting,

Art 3 & RBC, Section 1.3.3.9.

Buildings are categorized in the

following categories:

1º category 1;

2º category 2;

3º category 3;

4º category 4;

5º category 5;

6º category 6.


Category 1 characteristics:

1° not requiring a building permit;

2° having a total floor area not exceeding one thousand (1000 sqm);

3° being non-storeyed and basement free structure;

4° accommodating not more than five hundred (500) people;

5° having a validity not exceeding two (2) years;


category 2 are characterized by the following:

1° having total floor area not exceeding two hundred (200 sqm);

2° non storeyed and basement-free;

3° capacity to host fifteen (15) people maximum.


1. Total floor area not exceeding 1500 m2 and plot size not exceeding 1000m2;

not higher than two storied building (G+1);

2. Capacity to host 50 people or less;

3. The total height of the building not exceeding 7m.

Category 3 are characterized by the following


1º buildings with three (3) storeys and above with or without basements,

2º having capacity to host people not exceeding five hundred (500).



1º Sports facilities, social, cultural, assembly and religious buildings, health facilities,

educational buildings >500 people;

2º Industrial buildings and hazardous buildings;

3º Memorial sites;

4º All other structures not specified in any other category




1. Specific buildings for national security excluding social, residential and commercial

buildings;

2. temporary shelter for returnees, refugees and internally displaced people.


Article 14: Specific requirements for a new construction building permit application file

04


An application for a building permit for anew construction contains the

following:

1. Project brief including a description of methods and techniques applied, except for

buildings of category 2;

2. Site plan and landscaping;

3. Copy of geotechnical report, except for buildings of category 2 and 3;

4. Copy of environmental impact assessment documents, except for buildings of

category 2 and 3;

5. No topographic survey needed except in district with no online masterplans

6. Architectural drawings;

7. Plans for mechanical, electrical, sanitation, internet broadband connectivity plans and

fire safety except for buildings of category 2;

8. Structural design comprising plans and calculations, except for buildings of category 2

and 3;

9. Bill of quantities and cost estimate, except for buildings of category 2;

10. Certification of works signed by certified architect or engineer, except for buildings of

category 2;

11. Copy of green building minimum compliance report, except for buildings of category

2 and 3.


Article 12: Required conditions for building permit application

• Application file for building permit for buildings of category 2 does not require

certification by an architect or a civil engineer.

• Application file for building permit for buildings of category 3 must be certified by

an architect or a civil engineer.

• Application file for building permit for buildings of category 4 and 5 must be

certified by both architect and civil engineer.

• Works for constructions in category 6 must be undertaken under supervision of an

architect or engineer.


INSPECTIONS


• Amended Buiding Code removed notifying the One Stop Center of the

commencement of construction

• Removal of the site mobilization inspection and setting out

The stages of inspection shall go along with construction processes as follows:

(i) Stage 1: Before construction works:

This stage of inspection is conducted before a building permit issuance and it

covers the site mobilization

(ii) Stage 2: During construction works:

This stage includes the inspection foundation, building structure, masonry works,

finishing, landscaping

(iii)Stage 3: After construction works: This stage includes the joint site inspection for

occupancy permit and Freehold title


PROFESSIONAL LIABILITY AND INDEMNITY


1.3.2.7: Professional Liability

The Engineers, Architects or any other professional who undertakes design or supervision works

associated with building or non-building structure shall be liable for such design works for a

period of 10 years from the date of final acceptance of the structure. The contractor is equally

liable for the same period of 10 years for works executed, from the date of their final

acceptance.

1.3.2.8: Professional indemnity:

Different professionals involved in implementation of the provisions of the Code shall be

required to hold a professional indemnity insurance from their respective professional bodies or

any insurance company.

1.3.2.9: Latent defect liability:

Any parties involved in the construction process are legally required to obtain latent defect

liability –or decennial (10years) liability insurance policy to cover possible structural flaws or

problems in building once it is in use.


TAKE HOME REFORMS


Reform 1: Removal of the requirement to request and obtain a geotechnical study

Reform 2: Removal of the requirement to obtain an Environmental Impact Assessment.

Reform 3: Removal of the requirement to request and obtain a topographic survey

Reform 4: Introduction of mandatory decennial insurance.

Reform 5: Removal of the requirement to fill Form 5 notifying the One Stop Center of the

commencement of construction

Reform 6: Removal of the site mobilization inspection

Reform 7: Reduction in the time to obtain a water connection from 30days to 10 days


Thank You

construction permitting reforms in ease of doing … · article 12: required conditions for...

Documents