Collapsed Building in Kisaasi Linked to Poor Design, Two Bodies Retrieved

The recent collapse of a three-storey building in Kisaasi, Kampala, resulting in two fatalities and multiple injuries, has once again brought to the fore critical issues surrounding construction standards and regulatory enforcement in Uganda. Preliminary investigations by the Kampala Capital City Authority (KCCA) point to poor structural design, the use of weak construction materials, and illegal continuation of works despite a stop order. This incident underscores the severe legal ramifications for developers, professionals, and even regulatory bodies under the National Building Control Act, 2013, and its recent amendments. Practitioners must be aware of the heightened accountability and increased penalties for negligence and non-compliance in the rapidly evolving Ugandan construction sector.

The tragic collapse of a three-storey building on Kisota Road, Kisaasi, Kawempe Division, which led to the retrieval of two bodies and left nine people seriously injured, serves as a stark reminder of the persistent challenges plaguing Uganda's construction industry. The Kampala Capital City Authority (KCCA) Director of Engineering and Technical Services, Engineer Justus Akankwasa, attributed the collapse to poor structural design and the use of weak construction materials, further noting that the building was being constructed illegally and continued despite a stop order issued in April. This incident, described as a "pancake failure" due to poorly designed or constructed columns, highlights a systemic failure in adherence to building standards and regulatory oversight.

The Kisaasi disaster is not an isolated event but rather the latest in a series of building collapses across the Kampala Metropolitan Area, frequently linked to unapproved designs, substandard materials, and unqualified personnel. The incident has prompted calls for immediate action, with the KCCA Executive Director, Hajjat Sharifah Buzeki, vowing to pursue action against the building engineer, the developer, and any KCCA officials found to have neglected their duties. This article will delve into the legal and regulatory framework governing construction in Uganda, examining the liabilities arising from such collapses and the implications for legal practitioners navigating this complex landscape.

Uganda's construction sector is primarily governed by a robust, albeit often unenforced, legal framework. Key legislation includes the National Building Control Act, 2013, which aims to consolidate, harmonise, and amend laws relating to building erection, standards, and the establishment of regulatory bodies. This Act is operationalised by the National Building Code, 2019, and the Building Control Regulations, 2020. Complementary statutes include the Physical Planning Act, 2010, which establishes the National Physical Planning Board and district/urban physical planning committees responsible for development plans and permissions. Professional conduct is regulated by the Architects Registration Act, Cap 269, and the Engineers Registration Act, Cap 271, which establish their respective boards to regulate and maintain professional standards.

The institutional framework comprises the National Building Review Board (NBRB), established under the Building Control Act, 2013, as the central body for regulating building operations, monitoring developments, and ensuring compliance with national regulations. At the local level, District and Urban Building Committees are responsible for scrutinising and approving building plans, issuing permits, and ensuring compliance with the Act. The Kampala Capital City Authority (KCCA) plays a crucial role in urban areas like Kisaasi, being responsible for issuing building permits and enforcing compliance within its jurisdiction. The doctrinal context for liability in building collapses primarily revolves around negligence, breach of statutory duty, and professional misconduct. Section 45 of the Building Control Act, 2013, explicitly addresses liability for negligence, commission, or omission causing accidents on construction sites.

The Kisaasi building collapse exemplifies a critical breakdown in adherence to established construction laws and professional ethics. The KCCA's assertion that the building was constructed illegally and continued despite a stop order directly implicates the developer and potentially the supervising professionals in contravening Section 34 of the Building Control Act, 2013, which prohibits building operations without a valid permit. This non-compliance is a recurring theme in Ugandan building collapses, with investigations into previous incidents often citing poor workmanship, substandard materials, inadequate architectural and structural engineering designs, and the engagement of unqualified contractors.

Under Section 45 of the Building Control Act, 2013, any person whose negligence, commission, or omission causes an accident on a building site resulting in injury, death, or property destruction commits an offence. Such acts include breach of contract, failure to comply with stipulated building procedures and standards, professional negligence, and failure to comply with the Act and its regulations. Penalties under the original Act included fines up to two hundred eighty-eight currency points (Shs 5,600,000) or imprisonment not exceeding 12 years, or both. However, the recently enacted Building Control (Amendment) Act, 2026, which came into force on March 19, 2026, significantly strengthens enforcement powers and introduces tougher penalties, with fines for negligence leading to accidents rising to Shs 10 million or imprisonment up to 12 years.

The amendments also expand the powers of the NBRB and Building Committees to issue stop or evacuation orders and to enter construction sites to enforce compliance, addressing previous gaps where enforcement was limited. The NBRB can now refer professional misconduct cases to relevant professional bodies like the Architects Registration Board and the Engineers Registration Board for disciplinary action. These professional bodies are mandated to regulate the conduct of their members and can take disciplinary action in cases of misconduct. The KCCA itself has faced accusations of negligence in enforcing building regulations, highlighting a persistent challenge in inter-agency coordination and oversight. The new amendments aim to streamline these processes and enhance accountability across the board, including for local authority officials who fail to perform their duties.

While specific Ugandan case law directly on the Kisaasi incident is pending, previous collapses, such as the Kisenyi and Makindye incidents, have seen developers and unqualified builders face criminal charges and civil claims for compensation. These cases often highlight the use of unqualified personnel and deviation from approved plans. The legal framework clearly provides avenues for both criminal prosecution and civil claims for damages, including under the Worker's Compensation Act, 2006, where applicable. The increased penalties and enforcement powers under the 2026 amendment signal a more stringent approach to accountability, making it imperative for all stakeholders to ensure full compliance.

The Kisaasi building collapse serves as a critical juncture for Uganda's construction industry, demanding a renewed commitment to safety, quality, and regulatory compliance. For legal practitioners, this incident, coupled with the recent amendments to the Building Control Act, 2013, signifies a heightened risk environment for all parties involved in construction projects. Attorneys must advise clients, whether developers, contractors, architects, or engineers, on the imperative of strict adherence to approved plans, engagement of qualified professionals, and diligent supervision throughout the construction lifecycle. The expanded powers of the NBRB and Building Committees, alongside increased penalties, mean that non-compliance will likely lead to more severe criminal prosecutions and substantial civil liabilities.

Practitioners should anticipate increased regulatory scrutiny, more frequent enforcement actions, and a greater propensity for litigation arising from construction defects and collapses. Ensuring comprehensive contractual agreements that clearly delineate responsibilities, robust due diligence on project teams, and adequate insurance coverage will be paramount. Furthermore, legal professionals should stay abreast of the evolving regulatory landscape, including any further regulations or codes issued under the amended Act. The call to action is clear: the era of lax enforcement and impunity in Uganda's construction sector is drawing to a close, necessitating a proactive and meticulous approach to legal compliance and risk management.