Question from laura, What does the law in Kenya say about building a flat balcony facing someone’s house in Kajiado County?
Answer from AI:
The construction of a balcony facing someone’s house in Kajiado County, Kenya, is governed by several legal provisions and regulations. These laws are designed to protect the privacy and property rights of individuals.
Building Regulations
The Physical Planning Act (Cap 286) and the Building Code 2000 are the primary laws that regulate construction activities in Kenya. These laws stipulate the requirements for obtaining building permits and the standards for construction. They do not specifically address the issue of balconies facing other houses, but they do require that construction activities respect the rights and privacy of others.
Privacy Rights
The Constitution of Kenya, under Article 31, guarantees every person the right to privacy, which includes the right not to have their home or property searched, their possessions seized, information relating to their family or private affairs unnecessarily required or revealed, or the privacy of their communications infringed. Building a balcony that overlooks someone else’s property could potentially infringe on this right, especially if it allows for direct views into their home.
Dispute Resolution
If a dispute arises over the construction of a balcony, the parties involved may seek resolution through the National Environment Management Authority (NEMA) or the National Construction Authority (NCA). These bodies have the power to enforce building regulations and can order the alteration or removal of structures that violate these regulations or infringe on the rights of others.
It’s important to note that this is a general explanation and may not cover all aspects of the law. For personalized advice, it’s recommended to consult with a legal professional.
- Physical Planning Act (Cap 286)
- National Environment Management Authority (NEMA)
- National Construction Authority (NCA)
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