Kenya Act or statute

Parliament of Kenya

Building Surveyors Act

Jurisdiction: Kenya
Structure: 39 provisions
Citation: Cap. 541
Dates: As at 31 Dec 2022

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Dates: As at 31 Dec 2022

Source attribution: Source: Kenya Law

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“This Act may be cited as the Building Surveyors Act.”

This Act may be cited as the Building Surveyors Act. This section provides definitions for terms used in the Act (for example "Board", "building maintenance", "building surveyor", "Cabinet Secretary", "Chairperson", "Registrar"). Registrar must keep the Board's seal in custody; the Chairperson and Registrar must authenticate affixing; if both are absent the Board must nominate a member to authenticate. Members, officers, employees, agents and persons acting under directions of the Board are not personally liable for acts done in good faith to execute the Board's functions, powers or duties. Establishes the Building Surveyors Registration Board and lists its capacities including suing and being sued, acquiring and disposing of property, borrowing money, entering contracts, and performing other corporate acts for its functions.

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PRELIMINARY - 1. Short title

This Act may be cited as the Building Surveyors Act.

Section 1

ESTABLISHMENT OF THE BOARD - 9. Remuneration and allowances

The Chairperson, members and staff of the Board are entitled to be paid remuneration or allowances determined by the Public Service Commission on the advice of the Salaries and Remuneration Commission.

Section 9

THE REGISTRAR AND REGISTER - 20. Proof of documents

A copy or extract of the register certified by the Registrar is admissible as prima facie evidence of the register's contents; subsection (2) provides that the register or a document may be produced or a person may appear as a witness to prove entries, subject…

Section 20

FINANCIAL PROVISIONS - 30. Financial year

The Board's financial year is the period of twelve months ending on the thirtieth June each year.

Section 30

MISCELLANEOUS PROVISIONS - 39. Regulations

The Cabinet Secretary may, in consultation with the Board, make regulations for carrying out the purposes of the Act.

Section 39

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Showing 39 of 39 provisions

Provision 30Offence 4Commencement 3Short title

Part I

PRELIMINARY

§ 1PRELIMINARY - 1. Short titleShort title

This Act may be cited as the Building Surveyors Act.

Section 1. Short title Section This Act may be cited as the Building Surveyors Act.

Section 1Verify source

§ 2PRELIMINARY - 2. InterpretationInterpretation

This section provides definitions for terms used in the Act (for example "Board", "building maintenance", "building surveyor", "Cabinet Secretary", "Chairperson", "Registrar").

Section 2. Interpretation Section In this Act, unless the context otherwise requires— "Board" means the Building Surveyors Registration Board established by section 3 ; "building maintenance" means work undertaken in order to keep, restore or improve a facility or a part of the building, its services and surroundings to a currently acceptable standard and to sustain the utility and value of the facility and includes inspection, testing, servicing, classification to serviceability, repair, refurbishment, rebuilding, rehabilitation, reclamation, preparation of costed maintenance schedules, planning, budgeting and management of maintenance works; "building maintenance manual" means a compilation of specific maintenance actions, standards and guidelines for use in the maintenance of a building, building services and its surrounding; "building surveyor" means a person registered under section 22 ; "Cabinet Secretary" means the Cabinet Secretary for the time being responsible for matters relating to housing; "Chairperson" means the Chairperson of the Board appointed under section 5 ; "facilities management" means the integration of multi-disciplinary activities within the built environment and the management of the impact of the activities upon people and the workplace; "practising building surveyor" means a person who is registered and licensed under this Act and is carrying out the work of a building surveyor; "register" means the register required to be maintained under section 14 ; "Registrar" means the Registrar of the Board appointed under section 12 .

Section 2Verify source

Part II

ESTABLISHMENT OF THE BOARD

§ 10ESTABLISHMENT OF THE BOARD - 10. The seal of the BoardProvision

Registrar must keep the Board's seal in custody; the Chairperson and Registrar must authenticate affixing; if both are absent the Board must nominate a member to authenticate.

Section 10. The seal of the Board Section 10(1) The seal of the Board shall be kept in the custody of the Registrar. Section 10(2) The affixing of the seal shall be authenticated by the Chairperson of the Board and the Registrar. Section 10(3) Any document purporting to be under the seal of the Board or issued on behalf of the Board shall be received in evidence and shall be deemed to be so executed or issued, as the case may be, without further proof, unless the contrary is proved. Section 10(4) Notwithstanding subsection (2), the Board shall, in the absence of the Chairperson or the Registrar, nominate one member of the Board to authenticate the seal on behalf of either the Chairperson or the Registrar. Section 10(5) A deed, instrument, contract or other document executed in accordance with subsection (2) shall bind the Board.

Section 10Verify source

§ 11ESTABLISHMENT OF THE BOARD - 11. Protection from personal liabilityProvision

Members, officers, employees, agents and persons acting under directions of the Board are not personally liable for acts done in good faith to execute the Board's functions, powers or duties.

Section 11. Protection from personal liability Section 11(1) No matter or thing done by a member of the Board or any officer, employee or agent of the Board shall, if the matter or thing is done in good faith for executing the functions, powers or duties of the Board, render the member, officer, employee or agent or any person acting under the directions personally liable to any action, claim or demands whatsoever. Section 11(2) The provisions of subsection (1) shall not relieve the Board of the liability to pay lawful compensation or damages to any person for injury to the person or property.

Section 11Verify source

§ 3ESTABLISHMENT OF THE BOARD - 3. Establishment of the BoardProvision

Establishes the Building Surveyors Registration Board and lists its capacities including suing and being sued, acquiring and disposing of property, borrowing money, entering contracts, and performing other corporate acts for its functions.

Section 3. Establishment of the Board Section 3(1) There is hereby established a Board to be known as the Building Surveyors Registration Board. Section 3(2)(a) suing and being sued; Section 3(2)(b) taking, purchasing or otherwise acquiring, holding, charging and disposing of movable or immovable property; Section 3(2)(c) borrowing money; Section 3(2)(d) entering into contracts; and Section 3(2)(e) doing or performing all such other things or acts as may legally be done or performed by a body corporate for the proper discharge of its functions under this Act.

Section 3Verify source

§ 4ESTABLISHMENT OF THE BOARD - 4. Functions of the BoardProvision

The Board must register and regulate the activities and conduct of building surveyors and perform the functions listed in Section 4(2)(a)–(q).

Section 4. Functions of the Board Section 4(1) The Board shall be responsible for registering and regulating the activities and conduct of building surveyors in accordance with the provisions of this Act. Section 4(2)(a) promote the practice of building surveying that complies with universally accepted norms and values; Section 4(2)(b) prescribe the minimum requirements and consider and approve the qualifications of persons wishing to be registered as building surveyors under this Act; Section 4(2)(c) maintain a register of all persons or firms registered under this Act; Section 4(2)(d) review and designate categories within the building surveying profession under which a person or firm may be registered; Section 4(2)(e) issue registration certificates and annual practising license certificates to persons and firms qualified under this Act; Section 4(2)(f) levy such fees as it may determine for registration and grant of the annual practising license including, other fees that the Board may consider necessary for the furtherance of its objectives; Section 4(2)(g) regulate the activities and conduct of registered persons and firms; Section 4(2)(h) establish and maintain a professional code of conduct for persons and firms registered to practice under this Act; Section 4(2)(i) establish, approve and accredit continuing professional educational programs for building surveyors; Section 4(2)(j) prescribe and conduct examinations for purposes of registration under this Act in collaboration with approved institutions; Section 4(2)(k) produce and disseminate material information in connection with the works and activities of the Board; Section 4(2)(l) publish and circulate any material in connection with the building surveying profession and related matters; Section 4(2)(m) promote awareness and educate the public on the professional duties and responsibilities of a building surveyor; Section 4(2)(n) publish annually in the Kenya Gazette a list of persons and firms practising building surveying in Kenya; Section 4(2)(o) determine the fees to be charged by building surveyors and firms for professional services rendered from time to time; Section 4(2)(p) hear and determine such disputes relating to the professional conduct of building surveyors; and Section 4(2)(q) undertake any other activity that may be necessary for the fulfillment of any of its functions under this Act.

Section 4Verify source

§ 5ESTABLISHMENT OF THE BOARD - 5. Composition of the BoardProvision

Section 5 describes the composition of the Board (chairperson, four public officers, three full members from nominations, one university-affiliated member, and the Registrar) and obliges the Cabinet Secretary to ensure no gender exceeds two thirds of the Board.

Section 5. Composition of the Board Section 5(1)(a) a Chairperson, who shall be in private practice and a member of the Institution of Surveyors of Kenya (Building Surveyors Chapter); Section 5(1)(b) four persons who shall be public officers and members of the Institution of Surveyors of Kenya (Building Surveyors Chapter); Section 5(1)(c) three persons who are full members of the Institution of Surveyors of Kenya (Building Surveyors Chapter) appointed from persons nominated by the Institution of Surveyors of Kenya; Section 5(1)(d) one person who is a member of the Institution of Surveyors of Kenya (Building Surveyors Chapter) and who is a member of a recognized University; and Section 5(1)(e) the Registrar. Section 5(2) In appointing members of the Board under subsection (1), the Cabinet Secretary shall ensure that no gender exceeds two thirds of the membership of the Board.

Section 5Verify source

§ 6ESTABLISHMENT OF THE BOARD - 6. Conduct of business and affairs of the BoardProvision

The Board's conduct and regulation of its business and affairs must follow the Schedule; except as set out in the Schedule, the Board may regulate its own procedure.

Section 6. Conduct of business and affairs of the Board Section 6(1) The conduct and regulation of the business and affairs of the Board shall be as provided in the Schedule. Section 6(2) Except as provided in the Schedule, the Board may regulate its own procedure.

Section 6Verify source

§ 7ESTABLISHMENT OF THE BOARD - 7. Committees of the BoardProvision

The Board may set up committees, must appoint committee chairpersons from its members, may co-opt outside experts to attend committee deliberations when appropriate, and must have the Board ratify all committee decisions.

Section 7. Committees of the Board Section 7(1) The Board may establish committees which shall consist of such number of members of the Board as the Board may deem appropriate to perform such functions and duties as the Board may determine. Section 7(2) The Board shall appoint the Chairpersons of committees established under subsection (1), from among its members. Section 7(3) The Board may where it considers it appropriate, co-opt any person from outside the Board with knowledge and expertise in specific areas to attend the deliberations of any of its committees. Section 7(4) All decisions by the committees established under subsection (1) shall be ratified by the Board.

Section 7Verify source

§ 8ESTABLISHMENT OF THE BOARD - 8. Tenure of officeOffence

Chairperson or member (except ex officio) serves a three-year term and may be re-appointed once; members may resign by written notice to the Cabinet Secretary; specified events (e.g., absence, conviction, prolonged illness, ceasing registration, bankruptcy, death, or loss of public office) create a vacancy and the Cabinet Secretary shall appoint a new member.

Section 8. Tenure of office Section 8(1) The Chairperson or member of the Board, except an ex officio member, shall hold office for a term of three years on such terms and conditions as may be specified in the instrument of appointment but shall be eligible for re-appointment for one further term. Section 8(2)(a) at any time resign from office by notice, in writing, to the Cabinet Secretary; Section 8(2)(b) has been absent from three consecutive meetings of the Board without the permission of the Board; Section 8(2)(b)(i) has been absent from three consecutive meetings of the Board without the permission of the Board; Section 8(2)(b)(ii) is convicted of a criminal offence and sentenced to imprisonment for a term of not less than six months; Section 8(2)(b)(iii) is incapacitated by prolonged physical or mental illness for a period exceeding six months; Section 8(2)(b)(iv) ceases to be a registered person under this Act; Section 8(2)(b)(v) is otherwise unable or unfit to discharge functions of the office; Section 8(2)(b)(vi) is deceased; Section 8(2)(b)(vii) has been declared bankrupt; or Section 8(2)(b)(viii) where a member appointed by virtue of being a public officer, ceases to be one. Section 8(3) Where a vacancy occurs in the membership of the Board under subsection (2), the Cabinet Secretary shall appoint a new member in accordance with the provision of this Act.

Section 8Verify source

§ 9ESTABLISHMENT OF THE BOARD - 9. Remuneration and allowancesProvision

Section 9. Remuneration and allowances Section The Chairperson, members and staff of the Board shall be paid such remuneration or allowances as the Public Service Commission shall, on the advice of the Salaries and Remuneration Commission determine.

Section 9Verify source

Part III

THE REGISTRAR AND REGISTER

§ 12THE REGISTRAR AND REGISTER - 12. Appointment of the RegistrarProvision

The Board appoints a Registrar; the Registrar serves on terms the Board determines, is the chief executive officer and secretary, is an ex officio non‑voting member.

Section 12. Appointment of the Registrar Section 12(1) There shall be a Registrar of the Board who shall be appointed by the Board. Section 12(2) The Registrar shall serve on such terms and conditions as the Board may determine. Section 12(3) The Registrar shall be the chief executive officer of the Board and the secretary to the Board. Section 12(4) The Registrar shall be an ex officio member of the Board but shall have no right to vote at any meeting of the Board.

Section 12Verify source

§ 13THE REGISTRAR AND REGISTER - 13. Functions of the RegistrarProvision

The Registrar must sign, issue, renew and cancel certificates of registration and licences as directed by the Board.

Section 13. Functions of the Registrar Section sign, issue, renew and cancel certificates of registration and licenses as may be directed by the Board;

Section 13Verify source

§ 14THE REGISTRAR AND REGISTER - 14. Register of building surveyorsProvision

The Registrar must keep and maintain a register of all registered persons under this Act and must enter all changes in the registered particulars.

Section 14. Register of building surveyors Section 14(1) The Registrar shall keep and maintain a Register of all registered persons under this Act. Section 14(2)(a) date of entry; Section 14(2)(b) address; Section 14(2)(c) qualifications; Section 14(2)(d) nationality; and Section 14(2)(e) such other particulars as the Board may, from time to time, direct. Section 14(3) All changes in the particulars registered under subsection (2) shall be entered in the register by the Registrar.

Section 14Verify source

§ 15THE REGISTRAR AND REGISTER - 15. Certificate of registrationOffence

The Board issues certificates of registration to registered persons on payment of the prescribed fee; the certificates remain the property of the Board. If a name is removed from the register the Board must notify the person and the person must surrender the certificate within 21 days; failure to do so is an offence punishable by a fine up to 500,000 shillings, imprisonment up to six months, or both. The Board may issue a duplicate certificate on proof of loss and payment of the prescribed fee.

Section 15. Certificate of registration Section 15(1) A person who satisfies the Board that he or he is qualified to be registered as a building surveyor shall upon application be registered as provided for in this Act. Section 15(2) Where the name of a person has been entered in the register, the Board shall issue that person with a certificate of registration, in the prescribed form, upon payment of the prescribed fee and the certificate shall remain the property of the Board. Section 15(3) Where the name of a person has been removed from the register, the Board shall give notice to that person, requiring the person to surrender the certificate of registration to the Board. Section 15(4) A person who fails to comply with the requirements of a notice given under subsection (3) within twenty-one days after the receipt of that notice commits an offence and is liable on conviction, to a fine not exceeding five hundred thousand shillings, or to imprisonment for a term not exceeding six months or to both. Section 15(5) In the event of the certificate of registration being lost or destroyed and the loss of destruction being proved to the satisfaction of the Board, the Board shall issue a duplicate registration certificate to the building surveyor on payment of the prescribed fee.

Section 15Verify source

§ 16THE REGISTRAR AND REGISTER - 16. Annual practising licenceProvision

Registered persons who intend to practise must obtain an annual licence in the prescribed form and pay the prescribed fee; the Registrar must record the licence issue date; the licence year runs from 1 January to 31 December.

Section 16. Annual practising licence Section 16(1) Every person who has been registered under this Act shall, if he or she intends to practise in his or her professional capacity, require, in addition to such registration, an annual licence in the prescribed form on payment to the Board of the prescribed fee. Section 16(2) Every annual licence shall bear the license number and the date on which it is issued, shall be effective from that date and shall expire at the end of the licence year in which it is issued. Section 16(3) The licence year shall be from the first January to the thirty first December in each year. Section 16(4) The Registrar shall enter in the register, a notice of the date of issue of every licence issued under this Act. Section 16(5)(a) on his own account and is entitled to receive the entire amount of all fees or charges earned for his own financial benefit; or Section 16(5)(b) in partnership with others and is entitled to receive a share of the profit earned by such partnership for his own financial benefit and is liable to bear a share of any losses incurred by such partnership. Section 16(6)(a) the Government or any other public body; Section 16(6)(b) any state corporation as defined by the State Corporations Act ( Cap. 446 ); or Section 16(6)(c) any person or partnership engaged in his or her profession where all fees earned accrue to the benefit of his or her employer, notwithstanding the fact that the person is employed.

Section 16Verify source

§ 17THE REGISTRAR AND REGISTER - 17. Publication of registerProvision

The Board must publish building surveyors' names, addresses and qualifications in the Gazette after entry and must publish an annual list; the Registrar may publish amendments subject to the Board's directions.

Section 17. Publication of register Section 17(1) The Board shall cause to be published in the Gazette , as soon as may be practicable after entry in the register, the name, address and qualification of each building surveyor and, subject to the directions of the Board, the Registrar may cause to be published any amendments to the register. Section 17(2) The Board shall cause to be published in the Gazette at the beginning of each year a list containing the names, addresses and qualifications of the building surveyors appearing in the register.

Section 17Verify source

§ 18THE REGISTRAR AND REGISTER - 18. Publicationprima facieevidence of registrationProvision

Publishing the register under section 17 is prima facie evidence that named persons are building surveyors; deletion or absence of a name from that publication is prima facie evidence that a person is not registered.

Section 18. Publicationprima facieevidence of registration Section Publication of the register under section 17 shall be prima facie evidence that the persons named therein are building surveyors and the deletion from the register of the name of any person notified by the publication, or the absence of the name of any person from the publication, shall be prima facie evidence that the person is not registered.

Section 18Verify source

§ 19THE REGISTRAR AND REGISTER - 19. Inspection of registerProvision

Any person may, during normal office hours and upon payment of the prescribed fee, inspect the register or any document relating to an entry in the register and may obtain from the Registrar a copy of an extract from the register or such a document.

Section 19. Inspection of register Section Any person may, during normal office hours and upon payment of the prescribed fee, inspect the register or any document relating to an entry in the register and may obtain from the Registrar, a copy of an extract from the register or from any such document.

Section 19Verify source

§ 20THE REGISTRAR AND REGISTER - 20. Proof of documentsProvision

Section 20. Proof of documents Section 20(1) In any legal proceedings, a document purporting to be a copy of, or an extract from the register, shall be admissible as prima facie evidence of the contents of the register or document provided that it is certified by the Registrar. Section 20(2)(a) produce the register or any document if its contents can be proved under subsection (1); or Section 20(2)(b) appear as a witness to prove an entry in the register or the matters recorded in the register or any document unless the court, for special cause, so orders.

Section 20Verify source

Part IV

REGISTRATION

§ 21REGISTRATION - 21. Conditions and qualifications for registrationProvision

Registration requires being a member of the Institution of Surveyors of Kenya (Building Surveyors Chapter).

Section 21. Conditions and qualifications for registration Section a member of the Institution of Surveyors of Kenya (Building Surveyors Chapter); or

Section 21Verify source

§ 22REGISTRATION - 22. Registration of building surveyorProvision

When an application under section 15 is made and the prescribed fee paid, the Board must consider the application; if satisfied the person is qualified the Board shall direct the Registrar to enter the person's name in the register. The Board makes the final determination of the application.

Section 22. Registration of building surveyor Section 22(1) Upon an application being made to the Board under section 15 and upon payment of the prescribed fee, the Board shall consider the application and if it is satisfied that the person is qualified, shall direct the Registrar to enter the name of the person in the register. Section 22(2) The final determination of an application under this section shall be made by the Board.

Section 22Verify source

§ 23REGISTRATION - 23. Registration in exceptional circumstancesProvision

The Board may register certain non-resident or temporarily present building surveyors for up to one year; applications must be in the prescribed form with the prescribed fee; the Board must require documentary evidence of recent education or work and may require the applicant to appear.

Section 23. Registration in exceptional circumstances Section 23(1)(a) is not ordinarily resident in Kenya; and Section 23(1)(b) intends to be present in Kenya and engage in practice as a building surveyor for the specific work for which he has been engaged, the Board may, subject to the provisions of this Act, direct that the person be registered for a period not exceeding one year. Section 23(2) An application for registration under this section shall be in the prescribed form and be accompanied by the prescribed fee. Section 23(3) The Board shall require a person registered under this section to produce documentary evidence of his or her education, work or employment immediately prior to coming to Kenya and may require that person to appear before it for the purpose of considering his or her application.

Section 23Verify source

§ 24REGISTRATION - 24. Power to suspend registrationProvision

Grants power to suspend registration and to caution or censure the building surveyor.

Section 24. Power to suspend registration Section caution or censure the building surveyor;

Section 24Verify source

§ 25REGISTRATION - 25. Removal of name from registerOffence

Section 25 lists grounds for removal of a person's name from the register and requires the Board to notify the registered person (except in (1)(a)) and to publish the removed person's name, address and qualifications in the Gazette; it also requires a person to respond to a Registrar's inquiry within six months.

Section 25. Removal of name from register Section 25(1)(a) died; Section 25(1)(b) failed to comply with Chapter Six of the Constitution; Section 25(1)(c) failed to pay the prescribed fee; Section 25(1)(d) failed, within a period of six months from the date of an inquiry sent by the Registrar by prepaid registered letter to the address appearing in the register against his name, to respond to the inquiry of the registrar; Section 25(1)(e) requested for his or her name to be removed from the register; Section 25(1)(f) had his or her name entered in the register by mistake or by reason of any false or misleading information; Section 25(1)(g) had his or her qualification withdrawn or cancelled by the institution through which it was acquired or by which it was awarded; Section 25(1)(h) been adjudicated bankrupt; Section 25(1)(i) been found by the Board to be guilty of an act or omission contrary to the public interest or dishonest practice as specified in section 38 ; or Section 25(1)(j) been convicted of an offence under this Act. Section 25(2) Except in the circumstances specified in subsection (1) (a), the removal of a person's name from the register shall be notified by the Board to the registered person by registered post to the last known address of the building surveyor. Section 25(3) The Board shall cause to be published in the Gazette , as soon as practicable, the name, address and qualifications of a person whose name is removed from the register under this section.

Section 25Verify source

§ 26REGISTRATION - 26. Restoration of name in registerProvision

A person required to have their registration restored or suspension terminated must pay a fee (not exceeding the registration application fee) as prescribed by the Board.

Section 26. Restoration of name in register Section 26(1)(a) the removal of the name from the register be confirmed; Section 26(1)(b) the name of that person be restored in the register; or Section 26(1)(c) the suspension of the registration of that person be terminated. Section 26(2)(a) the date upon which restoration in the register or the termination of a suspension of registration shall take effect; and Section 26(2)(b) the payment by the person concerned of such fee, not exceeding the fee payable on an application for registration, as the Board may prescribe.

Section 26Verify source

§ 27REGISTRATION - 27. Procedure at inquiryProvision

Rules for inquiries by the Board: the building surveyor may appear or be represented; the Chairperson or vice-Chairperson must record summaries of oral evidence; the Board must notify persons by registered post at least twenty-one days before the inquiry; the Board has power to regulate procedure; summonses under the Chairperson's or vice-Chairperson's hand are deemed issued by the Board.

Section 27. Procedure at inquiry Section 27(1) Upon an inquiry being held by the Board under this Act, the building surveyor in respect of whom an inquiry is held may appear at the hearing in person or may be represented by an advocate. Section 27(2)(a) administer oaths; Section 27(2)(b) summon persons to attend and give evidence; and Section 27(2)(c) order the production of documents. Section 27(3) Any summons or order issued under the hand of the Chairperson or the vice-Chairperson shall be deemed to have been issued by the Board. Section 27(4) The Chairperson, or in his absence the vice-Chairperson of the Board shall cause to be recorded a summary of any oral evidence at an inquiry held by the Board. Section 27(5) Subject to this section and to any regulations made under section 39 , the Board shall have power to regulate its own procedure. Section 27(6) For the purposes of an inquiry held under this Act, the Board shall, not less than twenty-one days prior to the date of inquiry, notify by registered post, all the persons concerned. Section 27(7)(a) refuses or neglects without sufficient cause to attend at the inquiry; Section 27(7)(b) refuses without sufficient cause to answer fully and satisfactorily to the best of his knowledge and belief all questions put to him or her by or with the concurrence of the Board; or Section 27(7)(c) refuses or omits without sufficient cause to produce any document in his possession or under his or her control which is specified in the summons or order,

Section 27Verify source

§ 28REGISTRATION - 28. AppealsProvision

Section 28. Appeals — not to enter the person’s name in the register

Section 28. Appeals Section not to enter the person’s name in the register;

Section 28Verify source

Part V

FINANCIAL PROVISIONS

§ 29FINANCIAL PROVISIONS - 29. Funds of the BoardProvision

The Parliament may appropriate such monies for the Board.

Section 29. Funds of the Board Section such monies as may be appropriated by the Parliament;

Section 29Verify source

§ 30FINANCIAL PROVISIONS - 30. Financial yearProvision

The Board's financial year is the period of twelve months ending on the thirtieth June each year.

Section 30. Financial year Section The financial year of the Board shall be the period of twelve months ending on the thirtieth June in every year.

Section 30Verify source

§ 31FINANCIAL PROVISIONS - 31. Annual estimatesCommencement

The Board must prepare and approve annual revenue and expenditure estimates for the Board each financial year, with preparation at least four months before the commencement of the financial year and approval before that commencement.

Section 31. Annual estimates Section 31(1) At least four months before the commencement of each financial year, the Board shall cause to be prepared estimates of revenue and expenditure of the Board for the financial year. Section 31(2)(a) payment of salaries, allowances and other charges in respect of the staff of the Board; Section 31(2)(b) payment of allowances and any other emoluments to the members of the Board; Section 31(2)(c) payment of pensions, gratuities and other charges in respect of retirement benefits; Section 31(2)(d) proper maintenance of buildings, other property and grounds of the Board; Section 31(2)(e) acquisition, maintenance, repair and replacement of the equipment and other movable or immovable property of the Board; and Section 31(2)(f) creation of such reserve funds to meet future or contingent liabilities in respect of retirement benefits, where applicable, insurance or replacement of buildings or equipment, or in respect of such other matter as the Board may deem appropriate. Section 31(3) The annual estimates shall be approved by the Board before the commencement of the financial year to which they relate and once approved, the sum provided in the estimates shall be submitted to the Cabinet Secretary for approval. Section 31(4) No expenditure shall be incurred for the purposes of the Board except in accordance with the annual estimates approved under subsection (3), or in pursuance of an authorisation of the Board given with prior written approval of the Cabinet Secretary.

Section 31Verify source

§ 32FINANCIAL PROVISIONS - 32. Accounts and auditProvision

The Board must keep proper books and accounts for its income, expenditure, assets and liabilities; the accounts must be audited by the Auditor-General under the Public Audit Act (Cap. 412B).

Section 32. Accounts and audit Section 32(1) The Board shall cause to be kept all proper books and records or accounts relating to the income, expenditure, assets and liabilities of the Board. Section 32(2)(a) a statement of income and expenditure during the year; and Section 32(2)(b) a statement of the assets and liabilities of the Board as on the last day of that year. Section 32(3) The accounts of the Board shall be audited by the Auditor-General in accordance of the Public Audit Act (Cap. 412B).

Section 32Verify source

§ 33FINANCIAL PROVISIONS - 33. Annual ReportProvision

The Board must, within three months after the end of each financial year, prepare and submit to the Cabinet Secretary a report on the Board’s operations for the preceding year.

Section 33. Annual Report Section The Board shall, within three months after the end of each financial year, prepare and submit to the Cabinet Secretary a report of the operations of the Board for the immediate preceding year.

Section 33Verify source

Part VI

MISCELLANEOUS PROVISIONS

§ 34MISCELLANEOUS PROVISIONS - 34. Use of titleProvision

A person whose name is entered in the register may adopt and use the title "Building Surveyor" (and approved contractions) while their name remains in the register.

Section 34. Use of title Section Every person whose name has been entered in the register shall, so long as his name remains in the register, be entitled to adopt and use the title "Building Surveyor" and such contraction thereof as the Board may approve.

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§ 35MISCELLANEOUS PROVISIONS - 35. Unregistered persons not to practice as building surveyorsOffence

Unregistered persons must not practise as building surveyors: individuals must be registered to practise; partnerships may not practise unless all partners who perform surveyor acts are building surveyors; corporate bodies may not practise unless all directors who perform surveyor acts are building surveyors. Contravention is an offence punishable by a fine up to ten thousand shillings or imprisonment up to one year or both.

Section 35. Unregistered persons not to practice as building surveyors Section 35(1)(a) no individual shall carry on business as a practising building surveyor unless he or she is registered as a building surveyor; Section 35(1)(b) no partnership shall carry on business as practising building surveyors unless all the partners whose activities include the doing of acts by way of such practice, are building surveyors; Section 35(1)(c) no corporate body shall carry on business as building surveyors unless all the directors whose activities include the doing of acts by way of such practice, are building surveyors. Section 35(2) Any person who contravenes subsection (1) commits an offence and is liable, on conviction, to a fine not exceeding ten thousand shillings or to imprisonment for a term not exceeding one year or to both.

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§ 36MISCELLANEOUS PROVISIONS - 36. Indemnity requirementsCommencement

Practising building surveyors must hold an approved guarantee bond or insurance to compensate persons for monetary loss from professional negligence; specified minimum sums apply depending on the business form; contravention is an offence with fines or imprisonment.

Section 36. Indemnity requirements Section 36(1) After the expiration of six months from the commencement of this Act, no person shall carry on business as a practising building surveyor unless there is in force in relation to his business, a guarantee bond or a policy of insurance entered into or issued by an insurance company approved by the Board guaranteeing that compensation shall be payable to persons suffering monetary loss through the professional negligence of the persons so practising. Section 36(2)(a) in the case of business carried on by an individual building surveyor, a sum of two hundred thousand shillings; Section 36(2)(b) in the case of a business carded on by two or more individuals, the sum of two hundred thousand shillings multiplied by the number of building surveyors; and Section 36(2)(c) in the ease of business carried on by a body corporate, the sum of two hundred thousand shillings multiplied by the number of directors whose acts include the doing of acts or practice as building surveyors. Section 36(3) Any person who contravenes subsection (1) commits an offence and is liable on conviction to a fine not exceeding twenty thousand shillings or to imprisonment for a term not exceeding two years or to both.

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§ 37MISCELLANEOUS PROVISIONS - 37. Carrying on practice for purpose of winding up,etc.Commencement

If a practising building surveyor stops practice because of death, insolvency, or adjudication of unsound mind, their practice may be carried on for winding up or disposal by a practising building surveyor appointed by the person lawfully authorized to deal with that person's property, for up to twelve months from the date of death or commencement of disability.

Section 37. Carrying on practice for purpose of winding up,etc. Section Notwithstanding any other provisions of this Act, where any person ceases to carry on business as a practising building surveyor by reason of his death or insolvency, or by reason of having been adjudicated as being of unsound mind, the practice may be carried on for the purposes of winding up or being disposed of by a practising building surveyor appointed in that behalf by the person for the time being authorized by law to deal with the property of such person for a period not exceeding twelve months from the date of the death or commencement of the disability.

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§ 38MISCELLANEOUS PROVISIONS - 38. Dishonest practicesProvision

Fraudulently makes, causes or permits any false or incorrect entry in the register or any copy of it.

Section 38. Dishonest practices Section fraudulently makes, causes or permits to be made, any false or incorrect entry in the register or any copy thereof; or

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§ 39MISCELLANEOUS PROVISIONS - 39. RegulationsProvision

The Cabinet Secretary may, in consultation with the Board, make regulations for carrying out the purposes of the Act.

Section 39. Regulations Section 39(1) The Cabinet Secretary may, in consultation with the Board, make regulations generally for the better carrying out of the purposes of this Act. Section 39(2)(a) the form and method of keeping records under this Act; Section 39(2)(b) the procedure for applications for registration under this Act; Section 39(2)(c) the fees to be charged under this Act; Section 39(2)(d) the forms to be used for the purposes of this Act; Section 39(2)(e) the remuneration of building surveyors in respect of services rendered; and Section 39(2)(f) any other thing required to be prescribed.

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Act. Section 39. Regulations
Section 39
Board shall be audited by the Auditor-General in accordance of the Public Audit Act
Section 32

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31 Dec 2022 · currentEnglish

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