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.

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 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.

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.

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.

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.

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.

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.

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

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

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.

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.

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.

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.

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.

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 to the court ordering otherwise for special cause.

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

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.

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.

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

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.

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.

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

The Parliament may appropriate such monies for the Board.

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

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.

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).

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.

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.

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.

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.

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.

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

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