Tougher Penalties Set for Construction Offenders

Tougher Penalties Set for Construction Offenders

Archival Sense

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Uganda has introduced sweeping reforms to its construction regulatory framework under the Building Control (Amendment) Act, 2026, significantly increasing penalties for non-compliance in a move aimed at improving safety, accountability, and order in the building sector.

According to Eng. Flavia Gutto Bwire, Executive Secretary of the National Building Review Board (NBRB), the amendments mark a shift from relatively modest, fixed penalties to more stringent, scale-based sanctions tied to the size and nature of the offence.

One of the most notable changes is the introduction of penalties calculated per square metre of a building’s constructed area. For instance, constructing without a valid permit—previously punishable by a fine of Shs1 million or up to two years’ imprisonment—will now attract a penalty of two currency points per square metre of the built-up area, or up to five years in prison, or both. This effectively raises the cost of non-compliance, particularly for large-scale developments.



Similarly, continuing construction after the expiry of a permit now carries financial consequences proportional to the size of the structure erected during the period of non-compliance. This replaces the earlier regime of fixed fines and daily penalties, aligning enforcement more closely with the scale of violations.

The law also imposes stricter sanctions on the use of prohibited construction methods. Offenders will now be fined five currency points per square metre of any structure built using such methods, a substantial increase from the previous flat penalty.

These prohibited methods generally refer to unsafe or unapproved construction practices that compromise structural integrity. Examples include the use of substandard or untested materials, such as weak concrete mixtures; failure to include proper reinforcement like steel bars in load-bearing structures; constructing without approved architectural or engineering plans; and bypassing critical processes such as soil testing and foundation assessment. Other violations may include overloading buildings beyond their designed capacity or using unqualified personnel to carry out technical construction work. Such practices have been linked to building failures and collapses in the past.

In cases where construction activities result in accidents, the amendments significantly raise the stakes. Liability for causing harm at building sites now carries a penalty of up to 500 currency points—equivalent to Shs10 million—or up to 12 years’ imprisonment, or both. This reinforces the legal responsibility of developers, contractors, and site managers to adhere to safety standards.

Beyond penalties, the reforms also introduce institutional changes. The National Building Review Board has been streamlined from 16 to nine members, a move intended to enhance efficiency and strengthen enforcement capacity. Additionally, the National Building Code is set to be revised to reflect the new legal framework and ensure uniform compliance across the sector.

Once operational guidelines are finalized, the new law is expected to significantly alter the compliance landscape for developers and property owners, placing greater emphasis on planning, adherence to approved standards, and accountability throughout the construction process.

Key penalties in Building Control Amendment Act

·Negligence causing accidents (injury, death, or property damage) Up to 500 currency points (about Shs10 million) Or up to 12 years in prison, or both

·Building without an approved permit 2 currency points (Shs40,00) per square metre of built-up area

·Continuing construction after permit expiry (without extension) Same penalty as illegal construction: 2 currency points per square metre

·Use of prohibited or unsafe building methods/materials 5 currency points per square metre of built-up area

·Failure to comply with demolition or repair orders (unsafe buildings), Building Committee may demolish the structure at the owner’s cost

·Violation of construction timelines (start or completion deadlines)

·Penalties linked to building size (similar per square metre fines), possible enforcement action including fines or stop orders

·Professional negligence (engineers, architects, surveyors), referral to professional bodies and possible disciplinary action, suspension, or deregistration. Daily Monitor
 
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