WEEK 4: Law relating to building projects and Regulatory control

These rules are in;

 The public health Act, 1951; Statutory instrument 281—1. The public health
(building) rules.

 Physical Planning Act, 2010

 Building Control Act, 2013

The Act to consolidate, harmonise and amend the law relating to the creation of
buildings; to provide for buildings standards; to establish a National Building Review
Board and Building Committees; to promote and ensure planned decent and safe
building structures that are developed in harmony with the environment; and for other
related matters.

 Town and Country Planning Act Cap.246 1951.

 The Environmental Impact Assessment Regulations, S.I. No. 13/1998

WEEK 5: Law and building projects

Study of National Building Code and Building Byelaws framed

Contract Law

 Contract law defines the fundamental and essential rules of ethics and morality
that govern the relationship of people that need to be enforced to maintain
peace and prosperity in our dealing with each other.

 The rules of law are the necessary ethical minimum. Good practice also requires
that rules of good ethical conduct and practice be obeyed.

 Management is ordinary morality in action

A contract;

Is a binding and legal relationship that may be defined as;

 An Agreement (Agreement)

 Between two or more Legally Competent persons (Contractual

Capacity)•Intending to create binding Obligations (Intention to be bound)

 To make some Lawful Performance (Lawful)

 That is Possible and (Possible)

 That complies with any legal or agreed formalities (if any) (Formalities).
Agreement that amounts to a contract

 .A contract is an agreement made with the free consent of parties with capacity
to contract, for a lawful consideration and with a lawful object, with the intention
to be legally bound.

 A contract the subject matter of which exceeds twenty five currency points shall
be in writing.

 25pts x UGX20,000 = UGX500,000/=

There is an offer and an acceptance of the offer (Agreement);

 Failure to Agree:

 The core issue of contract formation is coming into existence of

agreement/meeting of minds

 Of equal importance is to know when there is no agreement, usually if the

apparent agreement comes about as a result of –A material mistake –
misrepresentation or fraud -undue influence or duress.

Mistakes

 Unilateral: One party is under a wrong impression regarding some fact

connected with the contract/ the parties are as to the other’s intention and are at
cross-purposes

 Operative: Prevents a contract from arising –there is no consensus, no contract.

Where this leads to inequitable and unacceptable results; one party deliberately
or negligently induced the other’s mistake, or where one party is fully aware of
the other’s mistake but intends to ‘snatch at the bargain’

 Common mistake: Both parties make the mistake.

Misrepresentation

 Fraudulent misrepresentation:- Precontractualfalse statement of fact

 Misrepresentation must be unlawful

 Misrepresentation made intentionally

 Misrepresentation induces the person to whom it is made to conclude the

contract/agree to its terms

 Misrepresentation must be made by the other party to the contract

  Remedy: (1) Uphold the contract (2) Rescind contract and claim restoration of
prior position (3) Irrespective of 1 or 2 above, he may recover damages for loss
suffered.

 Non-fraudulent: Involves same elements as fraudulent misrepresentation except

that it is made negligently or innocently.

 Undue influence

 Some unfair and improper conduct, coercion from outside, some form of
cheating and generally though not always some personal advantage obtained by
the guilty party.

 An influence that weakens powers of resistance and renders one’s will

compliant; and is used in an unscrupulous manner to persuade agreement
which is (i) prejudicial and (ii) would not have been done with normal freedom of
will.

Undue influence

 Remedies: Injured party may chose to abide by the contract or rescind contract
and claim restitution.

Duress

 There must be a threat of imminent evil

 The threat must be unlawful

 The threat must have induced the threatened party to enter into the contract or
to agree to terms to which he would not otherwise have agreed

Study of National Building Code and Building Byelaws framed by various agencies

The Building Control Regulations 2012 is a nationally recognized document which

serves as a standard reference for the regulation of building design and construction.
The major benefits is gained in applying this document as the harmonization of
professional practice in the building construction in Uganda and curtailment of informal
developments so as to ensure well-planned, well-maintained, safe, cost effective and
decent building developments and human settlements throughout the country. These
codes and regulations are in conjunction with the public act, 1951 contents.

WEEK 6

Procedural methods for implementation of Acts and byelaws for land development
and building design and executions.

The Uganda Land Act, 1998.

An Act to provide for the tenure, ownership and management of land; to amend and
consolidate the law relating to tenure, ownership and management of land; and to
provide for other related or incidental.

According to the Constitution of Uganda of 1995, all land in Uganda shall vest in the
citizens of Uganda and shall be owned in accordance with the following land tenure
systems;

a). Freehold

b). Leasehold

c). Mailo

d). Customary

Before any development is carried out on the land, it is essential to know the land
tenure system first.

For the public works (Government) that includes the construction of railways, roads,
canals or airfields; the placing of telegraph lines and electric lines, and the erection of
supports for those lines; the laying of sewer and water pipes; the construction of drains;
the prospecting, exploration, mining and extraction of petroleum resources; the
construction of dams and hydropower plants; the establishment of hydro geological,
meteorological and water quality stations; the construction of water and sewerage
treatment plants, storage reservoirs and pumping stations; and any other works,
construction of public buildings and other public institutions.

For the case of anyone who might possess land in areas where public works are to be
carried out, the government compensates such a person.

There could be some conditions which may be put on a certain land before any
development is carried out, for example; The urban council within whose jurisdiction
land in an urban area
is situated may determine that, subject to any existing scheme approved
under the Town and Country Planning Act, no building may be erected and
no development may be carried out on that land unless the owner and the
tenants by occupancy have agreed to a program of planned development
which has been approved by that urban council; and any such programme of
planned development shall include arrangements for the future ownership
and occupation of the land, having regard to the provisions of this Act.

The Uganda Land Commission

The commission is a corporate body whose function is to;

  Hold and manage any land in Uganda which is vested in or acquired by the
Government in accordance with the Constitution;

 where applicable, hold and manage any land acquired by the Government
abroad, except that the commission may delegate the management of such land
to Uganda’s missions abroad;

 Procure certificates of title for any land vested in or acquired by the Government;

 Perform such other functions as may be prescribed by or under this Act or any
other enactment.

Subject to this Act, the commission or a board shall have power to grant estates and
create rights or interests in land and to manage, dispose of and otherwise deal with the
estate or interest in relation to land vested in it.

Land committees.

There shall be for each parish a land committee, gazetted urban area and each division
in the case of a city.

District land tribunal

1) The function of a district land tribunal;

 Determine disputes relating to the grant, lease, repossession, transfer or

acquisition of land by individuals, the commission or other authority with
responsibility relating to land;

 Determine any dispute relating to the amount of compensation to be paid for

land;

 Determine disputes in respect of land the value of which exceeds the amount
stipulated;

 Make consequential orders relating to cancellation of entries on certificates of

title or cancellation of title and vesting of title in cases handled by the lower land
tribunals.

The architects registration bye laws.

Conditions of engagement of a professional architect;

 Professional Architect who carries on business as an architectural consultancy

practice shall provide architectural consultancy services as described in the
scope of services incorporated in the Memorandum of Agreement between the
Professional Architect and the client.
 The architectural consultancy services provided by the Professional Architect
shall be in accordance with the Architects (Scale of Minimum Fees) Rules 1986.

 The Professional Architect shall be remunerated solely by fees payable by the

client for architectural consultancy services provided by him.

 The Professional Architect shall be remunerated solely by fees payable by the

client for architectural consultancy services provided by him.

 A Professional Architect shall advise the client on the need for other consultants
to be engaged for any part of the project and unless otherwise agreed upon, the
consultants shall be engaged and paid by the client.

 Where consultants are engaged by the client for any part of the project pursuant
to paragraph 2, the Professional Architect shall not be liable for their
performance, acts or omissions.

 Where consultants are engaged for any part of the project pursuant to paragraph
3, the Professional Architect shall be primarily responsible for their
performance, acts or omissions.

 A Professional Architect shall obtain the written agreement of the client in

respect of his remuneration for architectural consultancy services to be
provided by him pursuant to subparagraph 1(1) within sixty days from the date
the notification regarding such remuneration is duly served on the client.

 Notwithstanding subparagraph (1), where the client's agreement in writing is not

obtained within the period as stipulated in subparagraph (1) but the client
agrees by his conduct to the conditions of engagement and the scale of
professional fees and charges, the client shall for the purposes of subparagraph
(1) be considered to have agreed to such conditions of engagement and scale of
professional fees and charges.

 A Professional Architect shall not issue instructions or variation orders including

changes in the design, without the prior approval of the client, unless;

 (a) such instructions or variation orders are statutory requirements or

necessitated for safety reasons; (b) the client is informed in writing of the action
taken as soon as practicable; and (c) the amount in respect of the variation
works is within an amount that has been pre-agreed between the client and the
Professional Architect and is specified in the Memorandum of Agreement or any
amendments to such agreement.

 A Professional Architect shall inspect the works at periodic intervals as required

under paragraph 5(4)(iv) of Part II of the Architects (Scale of Minimum Fee) Rules
1986 and where more frequent or constant inspection is considered by the
 Professional Architect to be necessary, the Professional Architect – (a) may
recommend to the client the employment of a clerk of works, resident Architect
or other personnel, where the cost of employing such person shall be borne by
the client; or (b) may, if the client agrees, second to the works personnel under
the Professional Architect's employment, where the Professional Architect shall
be reimbursed on the basis of time costs multiplied by a multiplier as agreed
between him and the client.

 A Professional Architect shall estimate the costs and the time for the project to
be completed and shall keep the client informed of any material changes in
such estimates of costs and time.

 The client shall provide the Professional Architect with all the necessary
information on his requirements for the project to enable the Professional
Architect to proceed with his work, including particulars concerning the survey
and land title of the site, existing structures and features of the site, sub-surface
conditions and adjoining sites, unless such particulars are agreed to be
provided by the Professional Architect under the Memorandum of Agreement.

 The client shall designate, if necessary, a person authorised to act on his behalf
in respect of the project.

 The client shall only issue instructions to the building contractor through the
Professional Architect in respect of works for the project.

 The client shall give decisions within a reasonable time on matters submitted by
the Professional Architect so as not to delay the Professional Architect's work.

 The client shall pay all fees or charges in connection with submissions for
approval for town planning, conversions of land title, building or other statutory
approvals required by the relevant authorities and shall do so within a
reasonable time so as not to delay the progress of the project.

 The Professional Architect shall, in the event the client fails to pay the fees
claimed within the period stipulated in the Memorandum of Agreement, be
entitled to suspend his services not amounting to a termination, where the
suspension commences upon the Professional Architect having duly served a
written notice of suspension on the client.

 The suspension under subparagraph (1) shall remain in force until the fees are
paid or settled, or in the event of a dispute, until the matter is referred for
resolution as provided for in paragraph 23 or 24.

 The Memorandum of Agreement between the Professional Architect and the

client may be terminated at any time by either party serving upon the other party
a written notice of termination, where such termination shall take effect after a
 period of sixty days from the date of the written notice, or such shorter period as
may be agreed upon between the Professional Architect and the client.

 Notwithstanding the service of the notice of termination under subparagraph

(1), the Professional Architect shall continue to provide architectural
consultancy services until the date of termination of the Memorandum of
Agreement.

 The Professional Architect shall submit his accounts to the client for the
balance of fees due together with any other outstanding claims for reimbursable
charges not later than thirty days from the date of termination of the
Memorandum of Agreement.

 In the event that the Memorandum of Agreement between the Professional

Architect and the client is terminated for a reason not due to the fault of either
party, the Professional Architect shall, subject to the rights of either party in
respect of antecedent breaches of the Memorandum of Agreement between the
two parties, charge the balance of fees for architectural consultancy services
rendered up to the stage of termination together with all reimbursable charges,
and after the full settlement of all fees and charges due from the client, the
Professional Architect shall issue a letter of release to the client and the client
shall be entitled to appoint another Professional Architect to continue with the
project.

 Pursuant to section 14 of the Copyrights Act 1987, copyright in all documents

and drawings prepared by the Professional Architect, including any works
executed from such documents and drawings, shall remain the property of the
Professional Architect, unless otherwise transferred to the client upon such
terms and consideration as may be agreed between the Professional Architect
and the client.

 Where the Professional Architect has rendered architectural consultancy

services up to and including the Contract Documentation Phase and has
received his due fees, the client shall be entitled to reproduce the design for the
purpose of implementing the project provided that the project is on the site on
which the design was originally prepared.

 The entitlement to utilise the original design as stipulated in subparagraph (1)

shall be applicable to the maintenance, repair, renewal, reinstatement or
modification of the project.

 Upon the termination of the Memorandum of Agreement between the

Professional Architect and the client and the full settlement of all dues or upon
the receipt of an acceptable guarantee of payment, the Professional Architect
 shall deliver to the client copies of drawings, specifications and other
documents relating to the project that are in the possession of the Professional
Architect.

 In the event of any dispute between the Professional Architect and the client,
whether arising during or after the rendering of architectural consultancy
services under the Memorandum of Agreement, the parties may refer their
dispute for mediation in accordance with the guidelines or circulars issued by
the Board.

 Prior reference of the dispute to mediation under subparagraph (1) shall not be a
condition precedent for its reference to arbitration by either the Professional
Architect or the client, nor shall any of their rights to refer the dispute to
arbitration under paragraph be in any way prejudiced or affected.

 In the event of any dispute between the Professional Architect and the client,
whether arising during or after the rendering of architectural consultancy
services under the Memorandum of Agreement, either party shall give a notice
in writing to the other party informing him of the matter in dispute and requiring
its settlement.

 The Professional Architect and the client shall appoint an arbitrator within
fourteen days from the date of the notice.

 If the Professional Architect and the client fail to appoint an arbitrator within
fourteen days from the date of the notice, either party may submit a written
request to the President of the Board to appoint a person to serve as an
arbitrator, whose award shall be final and binding on both the Professional
Architect and the client.

 In the event of the death or incapacity of the Professional Architect who is a sole
proprietor, the Professional Architect's engagement shall be regarded as
terminated.

 The client may, on payment of all outstanding fees and other dues in respect of
the engagement of the Professional Architect, make use of all drawings and
documents prepared by the Professional Architect, provided that they are only
for the purpose of implementing the project on the site on which the design was
originally prepared.

Fees Calculation and Bidding.

Key facts about fees:

  Low-Bill-Reputation-Syndrome - Do not set a low reputation for billing low fees.
Clients will pay what you ask for if your service is required.

 Quality, and not Quantity, is the sole measure of success. Ten Million from one
Client is better than 1 million from ten clients. It is not what you make but what
you keep that matters.

 Pay is for results- effort applies to tasks - Similar effort may be required to
achieve similar results for a 1 million job and a 10 million job. Every job offer is
not acceptable.

 Ask for fees up front! Offer discounts even for full payment on commission.

Bidding procedures:

 Public procurement using standard guidelines and regulations

 Pre-qualification

 Competitive bidding (national and International)

 Selected bidding from specific lists

 Competitions

 Bidding procedures continued :

 Private Corporate procurement using specific guidelines and regulations

 Pre-qualification

 Competitive bidding

 Selected bidding from own list

 Competitions

Enforceability

 Contracting is often described as an act of private lawmaking by which persons

create a kind of personalized “statute” to govern their relationship.

 One can only envisage a contract as private legislation if it has the attribute of
any law – recognition and enforcement through the compulsive power of the
state, acting through its courts. It is therefore a hallmark of contract that it
creates law binding on the parties and confers on them rights and obligations
cognizable in law.

 If a promise is broken, the disappointed party can sue.

  Court will first adjudicate any questions concerning the existence of a valid
contract and try to resolve any disputes over its terms and their breach.

 Once it is established that a contract was entered into and breached, the court
will enforce it by giving a remedy for the breach.

Site processes, quality monitoring, progress recording, payment and completion

Site Processes

 Site Handover – Drawings, Specifications and Drawings

 Construction of Preliminaries – Consultant offices, contractor offices, site

stores, sample room, site meeting room, toilets

 Setting out

 Building works

 Submission and approval of samples

 Submission and approval of tests

 Delivery of materials on site

 Request and issuing of site instructions

Quality Monitoring

 Organise and manage site meetings and site inspections

 Receive and approve samples of various construction materials

 Receive and approve tests carried out for various materials

 Receive and approve work methodology of various scopes of works

 Ensure materials used meet the specifications

 Give instructions for works to be done to a particular standard and/ or

specification

 Scope of works is being done according to approved drawings

Progress Recording

 Building works are to be done in a specified time period

 Plant, machinery, labour & materials used in that time

 Works to be done during the next time period

  State whether the project is ahead or behind schedule. By how much? What is
going to be done to catch – up with time.

 Challenges faced during that period

Payment

 By client to contractor on receipt of invoice for works done based on interim

certificates

 Scope of works done to date is measured and valued by the Quantity Surveyor

 Interim certificates are issued by the lead consultant to the contractor

Completion

 Practical completion

 Defects liability period

 Final certification

Claims, litigation and dispute resolution methods

 Negotiation

 Mediation

 Adjudication

 Arbitration

 Litigation

Negotiation – Advantages are;

 Confidential

 Fast and usually cheaper than the other alternatives

 Preserves Relationships of the disputing parties

 The disputing parties have full control of the process and outcome.

 Mediation – Advantages are similar to Negotiation but now introduces a third

independent party (mediator) to help resolve the dispute

Adjudication – Advantages are;

 An interim decision on a dispute is given and must be implemented.

 The interim decision must be reached within a specified time frame.

 It is cheap.
Arbitration – Advantages are;

 The disputing parties can choose the arbitration tribunal

 The disputing parties can decide on the procedure to follow

 There is a guarantee to reach a binding determination which can be agreed to be

final

Litigation – Advantages are;

 Establish a precedent

 Publicity – Used to pressure the opponent to settlement

 Consolidation – In case a dispute is with multiple parties

 Compulsion – Access to all powers of a state court

 Costs – Recoverability from the loser is now limited

Remedies for breach of contract

 The primary remedy for breach of contract is not specific performance of the
promise.

 Usually, it is a judgment awarding damages to the disappointed party. The

disappointed party must prove that the breach caused financial loss.

 Expectation damages are the most common – represent the economic loss
suffered by the victim as a result of the breach, and are measured as the amount
of money needed to put the victim in the position he/ she would have been in
had the contract not been breached.

 Direct damages

 Consequential damages – losses beyond the contract that resulted from the
breach

WEEK 7: Administrative

 Financial system and authorities of various regulatory agencies in making of

Building laws

 .Methods of enforcement, monitoring and relevant civil laws for legal application
processes.

Tender

A tender is a submission made by a prospective supplier in response to an invitation to

tender. It makes an offer for the supply of goods or services. An invitation to tender
might be issued for a range of contracts, including: equipment supply, the main
construction contract (perhaps including design by the contractor), demolition,
enabling works, and so on.

An invitation to tender might include:

• A letter of invitation to tender.

• The form of tender.

• Preliminaries.

• The form of contract.

• A tender pricing document.

• A drawing schedule.

• Design drawings.

• Specifications.

The form of tender is prepared by the client or their consultants and completed and
signed by the tenderer. It is a formal acknowledgement that the tenderer understands
and accepts the terms of conditions of the tender documents and any other
requirements that are stipulated.

Items that might appear to be a form of tender could include:

• Latest return time and date.

• Date, name and address.

• Tender reference number.

• The price for which they are to do the works and any adjustments prices that
have been agreed should the scope of the work or period of time change (or a
reference to documents providing this information).

• The date until which the price remains valid.

• The period of time that is allocated for the works, or an actual completion date if
required.

• Acceptance of terms and conditions.

• Confirmation of the country’s law that will govern the contract.

• References to other documents containing information.

• Any qualifications that apply.

 • Who will bear the costs of preparing the tender.

• Any alternative proposals (or a reference to documents providing this

information).

• Confirmation of the tender being genuine and bona fide.

• Signature and tenderer details.

Some of these items may be filled out by the client or their consultants in advance, so
that the tenderer only has to agree and sign.

Contract administrator for construction contracts

In the construction industry, the contract administrator is the individual responsible for
administering the construction standard contracts.

The contract administrator may be the project architect, but could also be the lead
consultant, the cost consultant, a specialist consultant, a client representative or
employer's agent, the project manager or an engineer.

On a construction management contract, the role of contract administrator might be

attributed to the construction manager, and on management contracts the
management contractor will perform the role of contract administrator.

Contract administrators are appointed by the client, but when certifying or giving an
assessment or decision, they should act honestly and reasonably and their decisions
are open to challenge via the dispute resolution procedure unless the contract makes
their decisions final and conclusive.

The contract administrator's role will generally include:

• Inviting and processing tenders.

• Preparing contract documents for execution.

• Administrating change control procedures.

• Seeking instructions from the client in relation to the contract.

• Issuing instructions such as variations, or relating to prime cost sums or making

good defects.

• Considering claims.

• Chairing construction progress meetings.

• Preparing and issuing construction progress reports.

• Coordinating and instructing site inspectors.

 • Agreeing commissioning and testing procedures.

• Agreeing defects reporting procedures.

• Ensuring that project documentation is issued to the client.

• Issuing certificates of practical completion and interim certificates.

• Collating and issuing schedules of defects.

• Issuing the certificate of making good defects.

• Issuing the final certificate.

Site administrator

Very broadly, site administrators are responsible for maintaining administration and
business processes for construction works, although the precise nature of the role can
vary depending on the requirements of particular sites.

Some of the tasks typically performed by site administrators include:

• Maintaining and updating information and records such as site registers,

drawings.

• Receiving, capturing, collating and distributing information.

• Document and revision control.

• Supporting and recording change control.

• Scheduling visits and meetings.

• Office management and general clerical duties.

• Dealing with queries, complaints and requests for information.

• Enabling and maintaining communications between project team members and

other stakeholders.

• Assisting in the preparation of weekly and monthly reports.

• Supporting site management with day-to-day site activities such as booking

deliveries.

• Work related to the company’s corporate social responsibility (CSR).

• Work related to human resource management (HR).

• Providing support to the commercial and planning team as required.

• Liaising with clients.

 • Ordering office supplies.

• Briefing project teams, contractors and suppliers.

The skills and attributes required of by site administrators might include:

• General administration experience.

• Computer literacy.

• Organisational skills

• Multi-tasking abilities.

• An understanding of information flows.

• Good problem-solving and negotiation skills.

• An understanding of procedures, standards and legal requirements.

Architect's instruction

Construction contracts generally give the contract administrator the power to issue
instructions to the contractor. These instructions can be called ‘contract administrator’s
instructions’ or ‘architect’s instructions’ (AI's). We have used the terms ‘architect’ and
‘architect’s instruction’ below, but they could easily be replaced with ‘contract
administrator’ and ‘contract administrator’s instruction’.

Broadly, Instructions may be given:

• To vary the works.

• To postpone the works.

• To remedy workmanship, goods or materials which are not in accordance with

the contract.

• To sanction a variation made by the contractor.

• In relation to the expenditure of provisional sums.

• To open up work for inspection.

• To carry out tests.

• To exclude persons from the site.

The contractor must comply with the instructions within certain limitations. The
contractor has the right to ‘reasonably object’ to an instruction, and instructions can
only be given as empowered by the contract. On receipt of an instruction, the contractor
may ask the architect to inform them which conditions empower them to make that
instruction. Disagreement about the validity of an instruction may result in a dispute
being deemed to have arisen, and the dispute resolution procedures of the contract will
then come into force.

If an instruction requires a variation in design to be carried out by the contractor (such

as on a design and build project), the instruction may be considered to alter the
employer’s requirements.

If an instruction constitutes a variation, then the contractor may be required to give a

variation quotation, and the works described in the instruction will not begin until the
architect has confirmed their acceptance of the quotation.

If the contractor does not follow an instruction, the architect may be required to issue a
'notice to comply' to the contractor. If they still fail to comply, the architect can instruct
others to carry out the work and the contractor will be liable for any additional costs
incurred. It is important therefore that such costs are properly recorded, and if possible
a range of quotes obtained.

Contracts can be vague about the nature of instructions, other than that they should be
given in writing. They should also be dated and signed. There are various instruction pro-
forma that can be purchased. It is sensible to send an instruction by recorded delivery,
or to confirm its receipt in the minutes of subsequent meetings.

If an instruction is given verbally, either the architect should subsequently confirm the
instruction in writing, or the contractor should confirm it in writing, and unless the
architect tells the contractor that the instruction is incorrect, then the contractor’s
description of the instruction will stand. See Confirmation of verbal instruction (CVI) for
more information.

Where an instruction is given to open up work or to carry out tests, costs incurred will be
added to the contract sum unless they were provided for in the contract bills, or if the
work opened up or tested proves to be defective. If such an instruction is given because
other similar work, materials or goods were defective, then no addition will be made to
the contract sum as long as the instruction is reasonable.

WEEK 8: Study of Town planning Act and details of agencies for making Town
planning Act and Regulations.

The Town and Country Planning Act CAP. 246, 1951

An Act to consolidate the provisions for orderly and progressive development of land,
towns and other areas, whether urban or rural.

Buildings and other structures

Regulating and controlling, either generally or in particular areas, all or any of the
following matters;

 The size, height, spacing and building line of buildings;

 The objects which may be affixed to buildings;

 The location of buildings, the extent of yards, gardens and curtilages of buildings;

 the purposes for and the manner in which buildings may be used or occupied,
including, in the case of dwelling houses, the letting of dwelling houses in
separate tenements;

 the prohibition of building operations on any land, or regulating such operations.

 Regulating and controlling or enabling the board to regulate and control the
design, external appearance and materials of buildings and fences.

 Reserving or allocating any particular land or all land in any particular area for
buildings of a specified class, or prohibiting or restricting, either permanently or
temporarily, the making of any buildings or any particular class of buildings on
any specified land.

 Reserving or allocating any particular land or all land in any particular area for
the purpose of any industrial or trade purpose or for any specified undertaking.

 Limiting the number of buildings or the number of buildings of a specified class

which may be constructed, erected or made on, in or under any area.

 Providing for the removal, demolition or alteration of buildings or works which are
inconsistent with or obstruct the operation of a scheme.

 Providing for the reservation of sites for places of religious worship, schools and
public buildings and for places required for public services.

 Providing for the reservation of sites for housing schemes.

 Providing for slum clearance in specified areas.

 Providing for the reconstruction of plots by the alteration of their boundaries or

by combining, with the consent of the owners, two or more plots held in separate
ownership or in common.

 Providing for the allocation of plots to any owner dispossessed of land in

furtherance of the scheme.

 Providing for the subdivision of land.

 Controlling the use of land generally

This act was replaced by the Physical Planning Act of 2010.

The physical planning act, 2010

An Act to provide for the establishment of a National Physical Planning Board; to provide
for the composition, functions and procedure of the Board; to establish district and
urban physical planning committees; to provide for the making and approval of physical
development plans and for the applications for development permission; and for
related matters.

Local physical development plan; means a plan for an area or part of an area of a city,
municipal, town or urban council and includes a plan with reference to any trading
centre, marketing centre or rural area;

Long-term plan includes; national, regional or district land use plans and urban
structure plans, national, regional or district network plans for settlements, services,
infrastructure and transportation.

Physical planning committee; includes a district physical planning committee, urban

physical planning committee and a division or local Physical planning committee.

Regional physical development plan means; a physical development plan which covers
more than one district.

Functions of the Board

(1) The functions of the Board are

(a) To advise government on all matters relating to physical planning

(b) To hear and determine appeals lodged by persons or local governments aggrieved by
the decision of any physical planning committees

(c) To determine and resolve physical planning matters referred to it by physical

planning committees

(d) To advise the government on broad physical planning policies, planning standards
and the viability of any proposed subdivision of urban or agricultural land

(e) To study and give guidance and recommendations on issues relating to physical
planning which transcend more than one local government for purposes of co-
ordination and integration of physical development

(f) To approve regional, urban or district physical development plans and recommend to
the Minister national plans for approval

(g) To advise the Minister responsible for local governments on the declaration of town
councils, town boards or upgrading of urban authorities
(h) To advise the Minister on the declaration of special planning areas

(i) To cause physical development plans to be prepared at national, regional, district,

urban and sub county levels.

(j) To monitor and evaluate the implementation of physical development plans.

(k) To formulate draft planning policies, standards, guidelines and manuals for
consideration by the Minister.

(l) To ensure the integration of physical planning with social and economic planning at
the national and local levels.

(m) To exercise general supervisory powers over all lower planning committees such
that they can seek guidance, set standards and take control and

(n) to foster co-ordination of physical planning related or interdisciplinary activities in

the country in order to promote orderly and sustainable development of human
settlements in rural and urban areas.

Establishment of district physical planning committee

Each district council shall establish a district physical planning committee, which shall
consist of;

(a) The chief administrative officer of the district, who shall be the chairperson

(b) The district physical planner who shall be the secretary

(c) The district surveyor

(d) The district roads engineer

(e) The district education officer

(f) The district agricultural officer

(g) The district water engineer

(h) The district community development officer

(i) The district medical officer

(j) The clerks of all urban and town councils within the district.

(k) The district environment officer; (l) the natural resources officer; and

(m) A physical planner in private practice appointed by the council on the advice of the
secretary to the Board.

Functions of district physical planning committee

The functions of a district physical planning committee are;

(a) To cause to be prepared local physical development plans, through its officers,
agents or any qualified physical planners;

(b) To recommend to the Board development applications for change of land use;

(c) To recommend to the district council subdivision of land which may have a
significant impact on contiguous land or be in breach of any condition registered
against a title deed in respect of such land;

(d) To approve development applications relating to housing estates, industrial location,

schools, petrol stations, dumping sites or sewerage treatment, which may have
injurious impact on the environment as well as applications in respect of land adjoining
or within a reasonable vicinity of safeguarding areas;

(e) To hear appeals lodged by persons aggrieved by decisions made by the district
physical planner and lower local physical planning committees under this Act;

(f) To ensure the integration of physical planning into the three year integrated
development plan of the district;

g) To exercise supervisory powers over all lower planning committees;

(h) To ensure integration of social, economic and environmental plans into the physical
development plans.

Urban physical planning committees

Establishment of urban physical planning committees

Each urban authority or city shall establish an urban physical planning committee
which consists of;

(a) The town clerk, who shall be the chairperson;

(b) The urban physical planner, who shall be the secretary;

(c) The city, municipal or town engineer;

(d) The district environmental officer;

(e) a land surveyor;

(f) An architect; and

(g) A physical planner in private practice appointed by the council on the advice of the
town clerk.

Functions of an urban physical planning committee

The functions of the urban physical planning committee are;

(a) To cause to be prepared urban and local physical development plans and detailed
plans

(b) To recommend development applications to the Board for change of land use;

(c) To recommend to the urban council, subdivision of land which may have significant
impact on contiguous land or be in breach of any condition registered against a title
deed in respect of such land;

(d) To determine development applications relating to industrial location, dumping sites

or sewerage treatment which may have injurious impact on the environment as well as
applications in respect of land adjoining or within a reasonable vicinity of safeguarding
areas; and

(e) To hear and determine appeals made against decisions of the urban physical
planner or subordinate local authorities.

Local physical planning committees

Sub county councils to constitute local physical planning committee.

A sub county council shall constitute the local physical planning committee.

Functions of local physical planning committees

A local physical planning committee shall be responsible for;

(a) Initiating the preparation of local physical development plans;

(b) Recommending local physical development plans to the district physical planning
committee for consideration;

(c) Recommending to the district physical planning committee the approval of local
physical development plans;

(d) Implementing structure plans, in close consultation with the district physical
planner; and

(e) Implementing, in close consultation with the district physical planner.

Contents of district, urban and local physical development plans

A district, urban and local physical development plan shall consist of;

(a) A topographical survey in respect of the area to which the plan relates, carried out in
the prescribed manner;
(b) Maps and descriptions as may be necessary to indicate the manner in which the
land in the area may be used, having regard to the requirements set out in the Fifth
Schedule, in relation to a district or local physical development plan;

(c) A technical report on the conditions, resources and facilities in the area;

(d) A statement of policies and proposals with regard to the allocation of resources and
the locations for development within the area;

(e) A description and analysis of the conditions of development in the area as may be
necessary to explain and justify the statement of policies and proposals;

(f) Relevant studies and reports concerning the physical development of the area;

(g) Maps and plans showing present and future land use and development in the area;
and

(h) Any other information as the Board and the committee may deem necessary.

Development permission

(1) A person shall not carry out a development within a planning area without obtaining
development permission from a physical planning committee.

(2) A person who contravenes subsection (1) commits an offence and is liable on
conviction to a fine not exceeding forty eight currency points or imprisonment not
exceeding two years or both. (3) Any dealings in connection with any development in
respect of which an offence is committed under this section shall be null and void and
that development shall be discontinued. (4) Notwithstanding subsection (3), a local
government physical planning committee shall require a developer to restore the land
on which a development is made without permission, as much as possible, to its
original condition.

MATTERS DEALT WITH IN DISTRICT, URBAN AND LOCAL PHYSICAL DEVELOPMENT

PLANS

1). Every district, urban or local physical development plan, shall have for its general
purpose, orderly, coordinated, harmonious and progressive development of the area to
which it relates in order to promote health, safety, order, amenity, convenience and
general welfare of all its inhabitants, as well as efficiency and economy in the process of
development and improvement of communication.

2 .Classification of the plan area for residential, commercial, industrial and agricultural
development, infrastructure, environmental protection, natural resource management,
urbanisation, human settlements conservation, tourism and other purposes, including
the provision of special areas for industries generally, or for shops, warehouses, stores,
stables, and other buildings used for commercial and industrial purposes and fixing the
sites for buildings required for any of the purposes referred to in paragraph 1 and for
public and private open spaces, and prohibiting the carrying on of any trade or
manufacture, or the erection of any building, in a particular part of the area, otherwise
than in accordance with the plan. The area to which the plan is to apply.

4. The basis for disposing of land acquired, or to be acquired under the plan by a local
government or relevant authority. 5. The re-planning and reconstruction of the plan
area, including any provisions necessary for

(a) The pooling of the lands of several owners, (or any lands, roads, streets, or right-of-
way adjacent or near the plan area) and the re-distribution of that land among the
owners;

(b) Providing for or making new roads, streets, or rights-ofway;

(c) Adjusting and altering the boundaries, areas, shapes, and positions of any land,
road, street, or right-of-way;

(d) Effecting exchanges of land or cancellation of existing subdivision as may be

necessary or convenient for giving effect to this paragraph;

(e) Adjustment of rights between owners or other persons interested in land, roads,
streets, or rights-of-way

6. Determining the type and density of development generally or in any particular

locality.

7. Conservation of the natural beauty of the area, including lakes and other inland
waters, banks of rivers, hill-sides and summits and valleys.

8. Conservation and enhancement of historic buildings and objects of architectural,

archaeological, historical or scientific interest

9. Probable routes for railways and canals, probable sites for bridges, docks, harbours,
piers, quarries, power-lines, telecommunication; water drainage and sewerage; or any
other work or undertaking of public utility.

10. Works ancillary to or consequent to the plan.

11. The closure or variation of any right-of-way or easement, public or private or of any
restrictive covenants affecting land.

12. The power of entry and inspection.

13. The basis for the local government to acquire land or buildings or to make any
agreement or proposal in respect of this.

14. The basis for the local government to remove, alter or demolish and to prohibit,
regulate and control the maintenance, alteration and reconstruction of any building
which obstructs the observance or carrying out of the plan.

15. The basis for the local government to declare any land referred to in the plan as land
reserved for streets to be public streets.

16. The basis for the local government to execute street works on land referred to in the
plan as land reserved for streets and incidental works upon adjacent land.

17. The basis for the local government to fix building lines not shown on the map
illustrating the plan. 18. The power of the local government to permit buildings in
advance of building lines fixed by the plan. 19. The basis for the local government to fix
improvement lines for existing streets and buildings. The basis for the local government
to fix improvement lines for existing streets and buildings.

20. The recovery of expenses incurred in giving effect to the plan, and the time and
manner of payment of such expenses.

21. The implementation of the plan generally, and particularly the time and manner in
which, and the person and authorities by whom or by which the plan, or any part of the
plan, shall be carried out and completed and its observance ensured.

22. Potential of given areas and comparative advantage of alternative approaches to

development.

23. Any matter necessary or incidental to the district, urban or local physical
development plan.

Urban Planning

Urban planning is a technical and political process concerned with the development
and design of land use and the built environment, including air, water, and the
infrastructure passing into and out of urban areas, such as transportation,
communications, and distribution networks. Urban planning deals with physical layout
of human settlements. The primary concern is the public welfare, which includes
considerations of efficiency, sanitation, protection and use of the environment, as well
as effects on social and economic activities. Urban planning is considered an
interdisciplinary field that includes social engineering and design sciences. It is closely
related to the field of urban design and some urban planners provide designs for
streets, parks, buildings and other urban areas. Urban planning is also referred to as
urban and regional planning, regional planning, town planning, city planning, rural
planning, urban development or some combination in various areas worldwide.
Urban planning guides orderly development in urban, suburban and rural areas.
Although predominantly concerned with the planning of settlements and communities,
urban planning is also responsible for the planning and development of water use and
resources, rural and agricultural land, parks and conserving areas of natural
environmental significance. Practitioners of urban planning are concerned with
research and analysis, strategic thinking, architecture, urban design, public
consultation, policy recommendations, implementation and management.
Enforcement methodologies include governmental zoning, planning permissions, and
building codes, as well as private easements and restrictive covenants.

Urban planners work with the cognate fields of architecture, landscape architecture,
civil engineering, and public administration to achieve strategic, policy and
sustainability goals. Early urban planners were often members of these cognate fields.
Today urban planning is a separate, independent professional [Link] discipline
is the broader category that includes different sub-fields such as land-use planning,
zoning, economic development, environmental planning, and transportation planning.

Land use planning

Land use planning is concerned with the regulation of land use, development and
subdivision, with the intent of achieving the desired urban planning outcome.

Regulation of land use and development is achieved via the drafting and adoption of
planning instruments designed to influence the land use and built form goals of the
jurisdiction. The planning instruments take the form of legislation and policy, and have a
wide variety of terms across jurisdictions including acts and regulations, rules, codes,
schemes, plans, policies, and manuals; and often a combination of some of these. The
planning instruments often spatially zone land or reserve the land for certain purposes,
presented in the form of a zoning map or plan.

Consultation with the community and other stakeholders is generally desired by urban
planners in most jurisdictions when planning instruments are prepared and updated.
The level of consultation will vary depending on the project.

The urban planner will also be responsible for implementing the planning instruments.
This is achieved through a permit process, where the proponent of a proposed
development, a change in land use, or the proposed subdivision of an allotment will be
required to obtain a permit, approval, licence, or consent for the proposed development
or change of use. An urban planner will be tasked with considering the proposal and
determining whether it complies with the intent and the specific provisions of the
applicable planning instruments and zoning plans. Depending on the jurisdiction, the
urban planner may have authority to determine the proposal; otherwise the planner will
present a recommendation to the decision-maker, often a panel of non-planners (for
example, the elected council of a local government).
While concerned with future development, an urban planner will occasionally be
responsible for investigating development or land use which had been undertaken
without authorization. In many jurisdictions urban planners can require that
unauthorized land use cease and unauthorized development is returned to its
predevelopment condition; or alternatively retrospectively approve the unauthorized
development or land use.

Strategic urban planning

Strategic urban planning sets the high-level goals and growth principles for a
jurisdiction, which in turn inform the preparation and amendment of the legal planning
instruments within that jurisdiction.

Regional planning

Regional planning deals with the planning of land use, infrastructure and settlement
growth over a geographical area which extends to a whole city or beyond. In this sense,
the urban planner's role is to consider urban planning at a macro scale. Regional
planning is not concerned with planning at the local (neighborhood) level.

Heritage and conservation

This concerns identifying, protecting and conserving / restoring buildings and places
which are identified by a community as having cultural heritage significance. This may
include the task of compiling and maintaining a heritage register, finding and making
available incentives for encouraging conservation works, and the consideration of
proposals to redevelop or use a heritage-listed place.

Urban Revitalization

When an urban area declines, then urban revitalization takes place and often relies on
obtaining funding from government sources to assist in the regeneration of an area; the
funding may be used for a variety of purposes such as improvement of public roads,
parks and other public spaces, development of infrastructure, and acquisition of land.
Such plans are not limited to an individual development site, but rather encompass a
locality or district over which an urban redevelopment plan is prepared.

The urban planner will be responsible for costing an urban revitalization plan and
obtaining funding for infrastructure works necessary to implement the urban renewal
plan and needs to liaise closely with stakeholders during the preparation and
implementation of the plan, including government agencies, landowners and
community groups.

Transportation planning

An area whereby transport facilities and infrastructure in urban and inter-regional areas
are planned.
Economic development

At this level, there is need to identify opportunities for economic growth, and encourage
investment in an area.

Environmental planning

To achieve sustainable outcomes on natural environment including land, water, flora,

and fauna an impact of land use development and subdivision is undertaken.

Urban design

This is an area in urban planning that development of designs of public spaces (streets,
squares, parks, etc.) and the relationship between is built form and public spaces are
done. The Urban designers may work with other design professionals such as civil
engineers, architects or landscape architects to complete and construct the design.

Infrastructure planning

The planning of future provision of public works infrastructure such as water supply,
sewerage, electricity, telecommunications, and transport infrastructure, and
community infrastructure including schools, hospitals and parks.

Education and training

Urban Planning as a profession is a relatively young discipline. Few government

agencies restrict or license the profession. As a result, a number of other related
disciplines actively claim to have the training, expertise and professional scope to
practice urban planning. While organizations such as the American Planning
Association, the Canadian Institute of Planners and the Royal Town Planning Institute
certify professional planners, others in related fields like Landscape Architecture also
claim to have professional autonomy in urban planning.

The Ministry of Lands, Housing and Urban Development (MLHUD)

Is a cabinet-level government ministry of Uganda, it is responsible for "policy direction,

national standards and coordination of all matters concerning lands, housing and urban
development".

The ministry is also tasked to put in place policies and initiate laws responsible for
sustainable land management aimed at promoting sustainable housing for all and
fostering orderly urban development in the country.

The Ministry commonly Known as Ministry of Lands has several Directorates which
include: Lands; Physical Planning and Urban Development; and Directorate of Housing.

WEEK 9: The importance of Master plans in the development of cities in context of

land and building developments byelaws and rules.
Master planning

A master plan will be prepared for many green field development projects. The purpose
of a master plan is to plan for the ultimate spatial layout of the land uses for a future
development area. A master plan will consider the required infrastructure to service the
development and determine the need and location of urban amenities including
commercial and industrial land, community facilities, schools, parks, public transport,
major roads, and land uses, both within and outside the master plan area, and consider
the staging of development of a master planned area.

The urban planner will be responsible for coordinating the various professional
consultant inputs, and to lay out the master plan infrastructure and land uses. It will
often be necessary for the urban planner to consult with landowners and government
agencies affected by the master plan.

The following issues may be considered for preparation of the master plan;

 The location of buildings, the extent of yards, gardens and curtilages of buildings;

 Reserving or allocating any particular land or all land in any particular area for
buildings of a specified class, or prohibiting or restricting, either permanently or
temporarily, the making of any buildings or any particular class of buildings on
any specified land.

 Reserving or allocating any particular land or all land in any particular area for
the purpose of any industrial or trade purpose or for any specified undertaking.

 Providing for the reservation of sites for places of religious worship, schools and
public buildings and for places required for public services.

 Providing for the reservation of sites for housing schemes.

 Providing for slum clearance in specified areas.

 Reconstruction of plots by the alteration of their boundaries or by combining,

with the consent of the owners, two or more plots held in separate ownership or
in common.

 Dispossessed of land in furtherance of the scheme.

 The subdivision of land.

Amenities.

 Providing for the reservation of lands as open spaces, whether public or private,
and for burial grounds.

 Providing for the preservation of view and prospects and of the amenities of
places and features of natural beauty or interest.
  Providing for the preservation of buildings and objects of artistic, architectural,
archaeological or historical interest.

 Providing for the preservation or protection of soil, forests, woods, trees, shrubs,
plants and flowers.

 Prohibiting, restricting or controlling either generally or in particular places, the

exhibition, whether on the ground, on any building or any temporary erection, of
all or any particular forms of advertisement or other public notices.

 Prohibiting, regulating and controlling of the deposit or disposal of liquids,

materials and refuse.

 Preventing, remedying or removing injury to amenities arising from the ruinous or

neglected condition of any building or fence, or by the objectionable or neglected
condition of any land attached to a building or fence or abutting on a road or
situate in a residential area.

Public utility services.

Facilitating the location of construction of works in relation to lighting, water supply,

sewerage, drainage, sewage disposal and refuse disposal or other public utility services.

Transport and communication.

Establishes the facilities in extension or improvement of systems of transport whether

by land, water or air. Allocating sites for use in relation to transport and providing for the
reservation of land for that purpose.

Providing for the establishment, extension and improvement of telegraphic, telephonic

or wireless communication, allocating sites for use in relation to such communication
and providing for the reservation of land for that purpose.

WEEK 10: Test