DO YOU WISH TO SAFELY CARRY OUT YOUR CONSTRUCTION PROJECT IN RWANDA?
THE STABIT ADVOCATES GUIDE YET BRINGS YOU SOME OF THE IMPORTANT ASPECTS YOU NEED TO TAKE NOTE OF;
Construction Law/Lawyers in Rwanda.
“Solving Your Legal Puzzles”
As it is elsewhere in most developed Countries, the construction sector in Rwanda is as well a very sensitive one. First things first, before commencing your construction activities, you should obtain a construction permit. This is issued at the district office in the district where your construction activities shall be carried out. Before issuing of the construction permit, the district officers first assess which construction activities are to be carried out and if such construction activities conform to the zoning regulations of such an area.
Additionally, to be on a safe side, one must refer to the zoning regulations and master plan and know for sure whether the construction project to be put in that area conforms to the zoning regulations of that area. For example the residential Zoning regulations are categorized under 6 categories of R1 which is the Low Density Zone, R1A which is the Low Density Residential Densification Zone, R1B which is the Rural Residential Zone, R2 which is the Medium Density Residential Improvement Zone, R3 which is the Medium Density Residential Expansion Zone and R4 which is the High Density Residential Zone.
It is imperative to point out that a client must provide a clear description of how they wish the construction works to be carried out and the type of materials that they wish to be used in the construction. This will help the client to hold the contractor accountable in the event that the contractor carries out different construction works or uses materials that are different from the materials agreed upon with the client.
It is also worth pointing out that for certain high caliber and/or big construction projects, we advise that you carry out an Environmental Impact Assessment (EIA). This EIA is mainly used to measure the environmental impact that is likely to be caused by such particular construction project. EIA is carried out by professional Engineers certified by Institute of Engineers Rwanda but they must also be accredited by Rwanda Development Board to carry out Environmental Impact Assessment. After carrying out the environmental Impact Assessment, they submit an environmental Impact Assessment Report, and if all is well, an Environmental Impact Assessment Certificate is issued to the client.
Another fundamental aspect to take due note of, are the construction contract(s). This is because these contracts act as a shield to the proprietor of the construction project from all sorts of unforeseen events, defects and liability to mention but a few. For example, it is very important to include a defect liability period in a contract such that in the event that defects arise in the construction works during the defect liability period, then the contractor is held responsible for such technical errors. As a practice for purposes of protection during this defect liability period, the last installment of the contracted amount is paid at the end of the defect liability period save for circumstances where the contractor issued the client with a performance bond/guarantee or such relative assurance for works. This will act as guarantee that in case any defects arise, the contractor will be obliged to work on them otherwise their remaining balance would be withheld until such defects are rectified.
That said, at Stabit Advocates and one of the Best Law Firms you can find with this expertise, we have a team of professionals well versed with all the dynamics and procedures involved in the construction sector not to mention drafting a thorough and well thought construction contract. Don’t hesitate to reach out to us using the contact details below;
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Stabit Advocates Rwanda
The Best Law Firm In Rwanda