Uganda Law Reform Commission, in collaboration with the Governance and Security Programme, conducted a comprehensive study to evaluate the legislation governing the construction industry in Uganda. This regulatory framework encompasses the legal and administrative aspects, building codes, and local implementation processes.
Several laws govern the building industry in Uganda, including the Land Act, the Physical Planning Act, the Mortgage Act, the Building Control Act, the National Building (Postcode Numbering) Code, the Architects Registration Act (Cap. 269), the Engineers Registration Act (Cap. 271), the Surveyors Registration Act (Cap. 275), and the Uganda National Bureau of Standards Act (Cap. 327). Most of these laws have undergone recent amendments or have pending amendments, except for the Engineers Registration Act and the Architects Registration Act.
The Architects Registration Act, enacted in 1996, regulates the practice of architecture in Uganda. However, with the changing landscape of the industry, many of its provisions require review and updates. The study made several significant recommendations for the reform of this Act:
a) Clarify Definitions: The Act should define terms such as "architect" and "architectural practice" under section 1 to provide clarity and accuracy.
b) Registration and Qualification: Sections 10 and 12, along with other relevant sections, need amendment to enhance the process of registration and qualification of architects.
c) Remuneration: The byelaws governing architects' fees should be expanded to ensure fair compensation for their services.
d) Professional Oath: In addition to the Code of Professional Ethics, the Act should require architects to take a professional oath upon registration.
e) Pro Bono Services: The byelaws governing pro bono services should be redrafted and issued as regulations by the Minister
f) Board Composition and Functions: The law should be amended to define the proper functions, tenure, and composition of the Board regulating architects
g) Staff Appointment: Provision should be made for the appointment of a Secretariat and other staff to support the Board in its functions.
The Engineers Registration Act, which came into effect in December 1969, governs engineers and related matters in Uganda. This Act, too, requires modernization and updates. The study recommended the following reforms:
a) Scope of Professionals: The Act's scope should be expanded to cover semi-skilled and allied professions, and its title should reflect this as the Engineering Profession Act.
b) Board Functions and Membership: Sections 3 and 6 need revision to modernize the Board's membership, functions, and tenure.
c) Secretariat and Staff: The Act should establish a Secretariat to implement the Board's decisions and perform other functions as directed
d) Committees: The Act should explicitly empower the Board to establish committees, including finance and administration, technical, and disciplinary committees.
e) Professional Code of Ethics: The Act should require engineering professionals to adhere to a prescribed Professional Code of Ethics.
f) Registration: Section 20 should be amended to enable the registration of engineers and related support professionals.
g) Annual Licensing: Provision for annual licensing of engineering practitioners would ease regulation and follow-up
h) Publication of Registers: Section 18 should specify a time frame for publishing and widely circulating the registers
i) Temporary Registration: The Act should operationalize mutual agreements for East African professionals practicing engineering in partner states as required by the EAC treaty.
j) Minister's Powers: The Act should define the Minister's role and clarify their supervisory authority over the Board.
k) Offences and Penalties: The provisions on offences and penalties should be revised to ensure appropriate punitive measures and deterrence.
The Uganda Law Reform Commission submitted a study report and draft bills to the Hon. Attorney General and other relevant authorities, seeking to implement these recommendations and bring about essential reforms in the regulation of the construction industry in Uganda.
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Completed Projects