Finishing construction of a structure you never started

When Ruth Nabukeera set out in search of a piece of land to buy after years of saving her hard-earned money, she intended to just buy land where she would build her residential house. However, as more and more offers came on her table from various land brokers, one, in particular, caught her eye; half an acre of land in Gayaza, Manyangwa in Wakiso District, a plot that already had an unfinished house.

When she went to survey the land, she was more enthused that it was close to what she needed.

“The land had a fairly old unfinished structure; a two-bedroomed house that was not exactly what I had intended to build, but I could adjust it to suit what I wanted - I was told. The house was almost on the wall plate and in my calculations, the offer made business sense,” she explains.

She, however, wanted to ascertain that she was making the right decision about the unfinished structure, so she brought in a contractor she knew to take a more thorough and professional look at the structure. His report was that the structure was in a fairly good state and thus, encouraged her to buy the land since the unfinished structure could be completed without any trouble.

With this commendation, she bought the land and went ahead with the construction.

“The old bricks that made the last layer on the structure were removed and new lines of bricks were added before the wall plate was done. Two separating walls were also broken down to have the rooms expanded and new ones were erected. Soon after, roofing commenced.

Unfortunately, a few days after the timber structures were put up, the right-hand side of the structure collapsed,” Nabukeera sadly recalls.

With no other way to salvage the structure, and to avoid further losses and risks, she had to demolish it and start afresh.

 Rodgers Mujuni, an estate developer, says not all is doom and gloom when it comes to buying land that has unfinished structure(s).

“The problem and mistake I have seen people make when it comes to land that has unfinished buildings is lack of assessment of the buildings before the land is bought. At the end of the day, people are duped into buying land more expensively than it is worth, with the biggest claim being the structure,” he says. Mujuni adds that the best way to make good on such a deal is to have an expert look at the structure; its strength, and general state before closing the deal. However, if you already own land that has an unfinished structure that you never started, here is how to go about its completion.

Expert tips

Paul Tiboti, a civil engineer registered with the Engineers Registration Board notes that every client has their own taste and preferences and so, one may decide to remodel the structure to what suits their taste.

“Before remodelling or completing the structure: whether it is a storeyed building or not, you need to carry out a structural assessment to determine whether the structure is in good shape to be finished, re-modelled and if it is a storeyed structure, whether it can carry the extra load,” he says.

 He explains that the reason for structural assessment is that the building may be too old, affected by environmental issues such as rain, have cracks, weak walls, or the strength of the cement compromised. On the face of it, the structure may look strong but when it is weak.

 It is the job of a structural engineer or a civil engineer to carry out this exercise, and it will be from the assessment that one can proceed to finish construction or demolish the structure.

Another factor that one has to consider is the function of the existing structure, what  it was previously intended for,  and the desired function when completing it, Tiboti shares.

If a structure was originally intended to be residential for example, and one wants to convert the structure into a commercial building, these changes in function have to be considered and the necessary steps taken.

 “In other words, you don’t just buy and complete the building. It is preferable that the function of the structure is not drastically changed although it can be remodelled to suit your taste,” says Tiboti.

 In addition to that, Amos Egesa, an engineer at Construccion Design Africa (CDA), says that one of the other crucial considerations is verifying the ownership of the land on which the structure sits.

“This can be done by inquiring from the local council and acquiring a “search letter”  which verifies the names under which the land title lies,” he says.

 Although attention while buying an empty piece of land is called for, extra attention while buying land with an existing structure is needed and so, the buyer needs to do all the due diligence.

  “Additionally, verify whether the building plans of the structure were submitted to the local council, assessed, the necessary taxes paid, and that the local council approved the construction of that structure in the first place,” Egesa notes.

This can be done at the lands department of the local council and can go a long way in saving you trouble and penalties that you may accidentally get into.

 He also advises that one should confirm the plot boundaries, confirm there is road access, and that other services are available.

Rules and regulations

 When asked whether there are some construction regulations to be followed when completing an unfinished structure, Tiboti explains that the National Building Review Board recommends that the structural engineer who assesses the building and the engineer that builds it be registered with the Uganda Institution of Professional Engineers (UIPE) and the Engineers Registration Board.

 Tiboti adds, “If there has been remodelling, new architectural plans must be done and approved, even if the old plan was also approved. The approval process is that the plan is taken to the local authorities (district level), - if in Kampala, to KCCA. These send an inspection team to come on the ground before they can have the plan approved for construction.”

 He further adds that if the unfinished building has been in place for more than two years, there is a need for re-approval of the construction. This means that you need to go back to the local authorities for approval before construction commences.

 According to the law, one needs a building permit.

Section 34(1) of the Building Control Act, 2013, says that no person should carry out any building operations unless they have a valid building permit issued by a Building Committee. Violation of this can result in a fine not exceeding Shs1,000,000 or imprisonment not exceeding two years or both.

 The National Building Review Board further recommends that a building permit is acquired by the person intending to build applying for it from the District Building Committee of their area or to the urban authority.

The application must contain the name and physical address of the applicant, land title, or other proof of ownership. Where the applicant is not the landowner, the same documents must be provided with a statement of a legal relationship between the applicant and landowner. If the building is multi-storeyed, a structural design and plans stamped by a registered structural engineer, and geotechnical report will be required.

The expertise needed

First and foremost, one will need a structural engineer to make the structural assessment.

 “You might also want to employ the services of a surveyor to open the boundaries on the land you have bought to ensure that the remodels are constructed within your land/ space to avoid any land wrangles,” Tiboti advises.

 Secondly, an architect will be needed in the event of remodelling to draw the new architectural plans which also have to be approved.

 Expertise from a quantity surveyor to assess the costs of the project may as well be needed. Alternatively, the civil engineer can work out the costs of the project. 

 Then a civil engineer will also be needed to construct the structure and complete it.

 When to demolish

 “You can decide to demolish the unfinished structure if the structure does not serve the purpose you want. For example, you might want a storeyed residential house, when the existing structure is a small bungalow house, and so, one may demolish because the structure does not meet their desires,” says Egesa.

 Before a structural engineer is even invited, there may be a few indicators that can give you red flags to demolish the structure. Egesa says that if the structure is dilapidated and structural elements such as beams and columns are ruined, then one should not attempt to continue the construction.

 If the structure has stayed for a prolonged period since construction, it is possible that a number of environmental forces have acted on the structure compromising its strength and so, he advises one to demolish it. 

 Furthermore, if the structure does not meet the building requirements as required by the local council, then one should proceed to demolish. 

 On the other hand, construction can proceed if the building is still in a good condition and meets the building requirements as well as the buyer’s needs.

The law

If the unfinished building has been in place for more than two years, there is a need for re-approval of the construction. This means that you need to return to the local authorities for approval before construction commences.

According to the law, one needs a building permit.

Section 34(1) of the Building Control Act, 2013, says that no person should carry out any building operations unless they have a valid building permit issued by a Building Committee. Violation of this can result in a fine not exceeding Shs1,000,000 or imprisonment not exceeding two years or both.

The National Building Review Board recommends that the structural engineer who assesses the building and the engineer that builds it be registered with the Uganda Institution of Professional Engineers (UIPE) and the Engineers Registration Board.