MANAGING RISKS FOR A SAFER
BUILT ENVIRONMENT IN MALAWI
Building Regulatory Capacity Assessment
Building Regulation for Resilience Program
June 2019
© 2019 International Bank for Reconstruction and Development / The World Bank
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Citation
Please cite the report as follows: Managing Risks for a Safer Built Environment in Malawi. Building Regulatory Capacity
Assessment. Washington, DC: World Bank.
Cover: Ndirande Mountain from Blantyre Malawi. Photo: Mark Jones
Back cover: Construction of Nkhoma Nursing College, Malawi. March 2015. Photo: © Clinton Health Access
Initiative, Inc.
Design: Miki Fernández/ULTRA Designs, Inc.
Photo credit: stevanovicigor / Thinkstock.com
MANAGING RISKS FOR A SAFER
BUILT ENVIRONMENT IN MALAWI
Building Regulatory Capacity Assessment
Building Regulation for Resilience Program
June 2019
Construction of Nkhoma Nursing College, Malawi. March 2015. Photo: © Clinton Health Access Initiative, Inc.
Table of Contents
Acknowledgements ............................................................................................................................................................ vii
Acronyms................................................................................................................................................................................... viii
Definitions.................................................................................................................................................................................. ix
Executive Summary............................................................................................................................................................... 1
1. Introduction........................................................................................................................................................................ 7
1.1 Why is an Effective Building Regulatory Framework Important?........................................................................... 7
1.2 The Government’s Recent Efforts to Strengthen the Building Regulatory Framework.................................... 9
1.3 Why Act Now?............................................................................................................................................................... 10
1.4 Report Approach........................................................................................................................................................... 11
2. Drivers of Risk in the Built Environment........................................................................................................ 13
2.1 Natural and Chronic Hazards in Malawi................................................................................................................... 13
2.2 Key Drivers of Vulnerability in the Built Environment........................................................................................... 17
3. National Level Capacity and Legislative Framework.............................................................................. 23
3.1 Legislative Framework.................................................................................................................................................. 23
3.2 Institutional Framework............................................................................................................................................... 28
3.3 Recommendations......................................................................................................................................................... 40
4. Building Regulation Development and Maintenance............................................................................. 43
4.1 Status of Malawi’s Building Regulations................................................................................................................... 43
4.2 Review of Current Building Bylaws........................................................................................................................... 44
4.3 Review of the National Building Regulations.......................................................................................................... 45
4.4 Process for Updating Malawi’s Building Regulations............................................................................................. 53
4.5 Recommendations......................................................................................................................................................... 53
5. Local Government Capacity for Implementing Building Regulations.......................................... 55
5.1 Implementation Of Building and Land-Use Regulations in Lilongwe................................................................. 56
5.2 Recommendations......................................................................................................................................................... 70
6. Summary of Recommendations........................................................................................................................... 73
7. Conclusion and Next Steps..................................................................................................................................... 77
iv / Building Regulatory Capacity Assessment
Annexes
Annex 1: Mapping of Malawi’s Legislation and Regulation Related to Building Development
at Each Step of the Building Life Cycle....................................................................................................... 81
Annex 2: Malawi Polytechnic Department of Civil Engineering Materials Testing Facilities and Rates.......109
Annex 3: Details of Good Practices Included in the 1961 Building Bylaws of Lilongwe................................ 112
Annex 4: Detailed Analysis of the 1961 Building Bylaws of Lilongwe and Recommendations..................... 113
Annex 5: Details of Good Practices Included in the 2018 Building Bylaws of Blantyre................................. 116
Annex 6: Detailed Analysis of the 2018 Building Bylaws of Blantyre and Recommendations ..................... 117
Annex 7: Review of the 2017 Building Bylaws of Mzuzu ..................................................................................... 119
Annex 8: Details of Good Practices Included in the 1997 Draft National Building Regulations
of Malawi ........................................................................................................................................................ 120
Annex 9: Detailed Analysis of the 1997 Draft National Building Regulations of Malawi
and Recommendations ................................................................................................................................ 123
Annex 10: Details of Good Practices Included in the 2010 Code of Practice for Design Loadings
for Buildings Evaluation .............................................................................................................................. 127
Annex 11: Detailed Analysis of the 2010 Code of Practice for Design Loadings for Building
Evaluation and Recommendations ........................................................................................................... 129
Annex 12: Process Map for Obtaining a Development Permit in Lilongwe City Council.................................. 132
Annex 13: Process Map for Obtaining an Occupancy Permit in Lilongwe City Council.................................... 133
Annex 14: Example of Construction Risk Matrices Used in Yangon, Myanmar................................................... 134
Figures, Tables and Boxes
Figure 1: Components of a Building Regulatory Framework................................................................................... 11
Figure 2: Building Life Cycle........................................................................................................................................... 12
Figure 3: Historical Climate and Future Climate........................................................................................................ 13
Figure 4: Destruction Caused by Flooding on the Outskirts of Blantyre, 2015................................................. 14
Figure 5. Total Damage, Loss, Recovery and Reconstruction Needs after the 2015 Floods........................... 15
Figure 6: Aftermath of Mulanje Bus Depot Fire, 2016............................................................................................ 16
Figure 7: Collapsed Restaurant in Blantyre................................................................................................................. 17
Figure 8: Expansion of Lilongwe Built-up Area, Projected from 2009 to 2030................................................. 18
Figure 9: Legal Mapping of Malawi’s Building and Development Control........................................................... 25
Figure 10: Institutional Mapping of Malawi’s Building and Development Control Process................................ 31
Figure 11: International References for Fire Competency Frameworks................................................................. 37
Figure 12: Jamaica National Building Code Training Consortium............................................................................. 39
Figure 13: Building Performance Objectives................................................................................................................. 49
Figure 14: Local Government Jurisdictions in Malawi................................................................................................. 55
Managing Risks for a Safer Built Environment in Malawi / v
Figure 15: Population Increase/Decrease in Lilongwe (1998-2008)....................................................................... 56
Figure 16: Mapping of Lilongwe City Council Planning and Development Department.................................... 57
Figure 17: Development Permit Process in Lilongwe City Council.......................................................................... 59
Figure 18: Vacancies in the Planning and Development Department..................................................................... 64
Figure 19: Building Permit Archives Room of the City Council of Lilongwe (February 2018)........................... 67
Figure 20: Priority Activities and Opportunities for Technical Assistance.............................................................. 79
Table 1: Breakdown of Residential Land Use, as of August 2009........................................................................ 19
Table 2: Summary of National Institutional Responsibilities for Building Development Control................... 32
Table 3: Plot Size Regulation in Malawi...................................................................................................................... 61
Table 4: Comparison of the Cost to Obtain a Building Permit across 12 African Countries.......................... 69
Table 5: Summary of Good Practices for Establishing Administrative Building Permit Fees.......................... 70
Box 1: Building Practitioners in the Jamaica Building Act (2017)...................................................................... 26
Box 2: Building Code and Seismic Hazard Maps in Colombia............................................................................ 47
Box 3: Example of a Prevalent Form of Construction in Malawi....................................................................... 48
Box 4: Nepal Society for Earthquake Technology and the Nepal Building Code........................................... 50
Box 5: Malawi Safer Housing Construction Guidelines....................................................................................... 51
Box 6: World Health Organisation’s Definition of Disability............................................................................... 52
Box 7: Documentation Required for a Development Permit Application in Lilongwe City Council.......... 58
Box 8: Composition of Lilongwe Town Technical Planning Sub-Committee................................................... 58
Box 9: Lilongwe Town Planning Committee Ex-Officio Members..................................................................... 58
Box 10: Composition of Local Council Planning Committee ............................................................................... 59
Box 11: Ratio of Regulatory Personnel Versus Urban Population: A Comparison with the Building
Regulatory System in Two US States and the City of Nairobi .............................................................. 65
Box 12: Benefits of E-permitting System to Governments and the Building Construction Industry........... 68
Box 13: Nairobi E-Permitting Platform....................................................................................................................... 68
Blantyre Post Office. Photo: Marcus DeYoung
Managing Risks for a Safer Built Environment in Malawi / vii
Acknowledgements
T
his Assessment was financed by the EU- (City Engineer, Lilongwe City Council), Daniel Mkumba
funded ACP-EU Natural Disaster Risk (Architect, Lilongwe City Council), Davlin Chokazinga
Reduction Program, managed by the Global Nkhoma (General Director, Malawi Bureau of Standards),
Facility for Disaster Reduction and Recovery. Esau Mwambira (Deputy Director, Ministry of Lands,
Housing and Urban Development), Flora Ngombende
The preparation of this report was led by Thomas
(Engineer, Ministry of Transport and Public Works),
Moullier (Senior Urban Specialist, World Bank) in close
collaboration with Antoine Hanzen (Consultant, World Gerald Khonje (Technical Director, National Construction
Bank), Louisa Barker (Urban Development Consultant, Industry Council), Gladwell Phigi (Architect, Department
World Bank), Theresa Abrassart (Urban Development of Buildings, Ministry of Transport and Public Works),
Consultant, World Bank) and Eduardo Castell Gumbi Gumbi (Senior Land Information Systems Officer,
(Consultant, World Bank). Ministry of Lands, Housing and Urban Development),
Henderson Sokosa (Chief Quantity Surveyor, Ministry
The overall coordination of the report was provided by of Transport and Public Works), Hilary Kamera (Deputy
Ana Campos (Senior Disaster Risk Management Specialist, Director of Planning, Lilongwe City Council), Hopson
World Bank) and Francis Samson Nkoka (Senior Disaster
Mikwala (Quantity Surveyor, Ministry of Transport and
Risk Management Specialist, World Bank).
Public Works), Kingsley Lungu (Chief Housing Officer,
Peer review and technical inputs were received from Ministry of Lands, Housing and Urban Development),
David Hattis (Senior Consultant, World Bank), Frederick Maliam Mdoko (President, Malawi Institute of Architects),
Krimgold (Senior Consultant, World Bank), Pilirani Mathews Mwadzangati (Deputy Director Town Planning,
Mwaharaachite (Consultant, World Bank), Fernando Blantyre City Council), Mphatso Matandik (Legal Services
Ramirez (Senior Disaster Risk Management Specialist, Manager, Blantyre City Council), Mr. Gowelo (Principal
World Bank), Anup Karanth (Senior Disaster Risk Occupational Safety Health Officer, Ministry of Labour),
Management, World Bank), Innocent Raisae Bright Prin Obvious Mtaja Nyirenda (Development Control Manager,
Phiri (Consultant, World Bank), Keiko Sakoda (Disaster Lilongwe City Council), Paul Kulemeka (Member of the
Risk Management Specialist, World Bank), Chikondi Council, Malawi Institute of Engineers), Peter Nyirenda
Nsusa-Chilipa (Transport Specialist, World Bank) and (Registration Officer, National Construction Industry
Carlos Costa (Senior Consultant, World Bank). Council), Robert Jiya (Chief Fire Officer, Lilongwe City
The World Bank would like to thank the Government Council), Sam Ngoma (Architect, Ministry of Transport
of Malawi and the many institutions, individuals and and Public Works), Shadreck Chirwa (Housing Officer,
experts for their contribution to and support of the Ministry of Lands, Housing and Urban Development),
Assessment, especially: Aaron Chikuse (Electrical Terence Namaona (Director, Ministry of Transport and
Engineer, Department of Buildings, Ministry of Transport Public Works), Vincent Mhone (Executive Secretary,
and Public Works), Alice Gwedeza (Acting Head Malawi Building and Civil-Engineering Allied Traders
Mapping Director, Ministry of Lands, Housing and Urban Association), Wickly Mhango (President, Malawi Building
Development), Amin Katasefa (Station Officer, Lilongwe and Civil-Engineering Allied Traders Association), Willard
City Council), Ashan Kapulula (Chief Architect, Ministry Chirwa, (Director of Planning and Development,
of Transport and Public Works), Brown Mhande (Principal Lilongwe City Council), Wilson Nkhoma (Executive
Mapping Officer, Ministry of Lands, Housing and Urban Director, Technical, Entrepreneurial and Vocational
Development), Chichizgani Msumba (Principal Building Education and Training Authority) and Professor Alfred
Inspector, Lilongwe City Council), Cleaverson Nyando Omenya (Principal Researcher, EcoBuild Africa).
viii / Building Regulatory Capacity Assessment
Acronyms
BCC Blantyre City Council
BRCA Building Regulations Capacity Assessment
BRR Building Regulation for Resilience Program
DCCMS Department of Climate Change and Meteorological Services
DoDMA Department of Disaster Management Affairs
EU European Union
GIS Geographic Information System
GFDRR Global Facility for Disaster Risk Reduction and Recovery
GoM Government of Malawi
ICC International Code Council
ICT Information Communications Technology
IFC International Finance Corporation
MAGIC Malawi Geographic Information Council
MASDAP Malawi Spatial Data Platform
MBS Malawi Bureau of Standards
MABCATA Malawi Building and Civil-Engineering Allied Traders Association
MECCM Ministry of Environment and Climate Change Management
MGDS Malawi Growth and Development Strategy
MHC Malawi Housing Corporation
MIA Malawi Institute of Architects
MIE Malawi Institution of Engineers
MK Malawian Kwacha
MoLHUD Ministry of Lands, Housing and Urban Development
MoNREE Ministry of Natural Resources, Energy and Environment
MoTPW Ministry of Transport and Public Works
NCIC National Construction Industry Council
NSDC National Spatial Data Centre of Malawi
OPC Office of the President and Cabinet
OSHD Occupational Safety and Health Directorate
PPP Purchasing Power Parity
TEVETA Technical, Entrepreneurial and Vocational Education and Training Authority
Managing Risks for a Safer Built Environment in Malawi / ix
Definitions
Building regulatory framework is the overarching the specific vulnerability and capacity of the exposed
structure of a building regulatory regime and includes elements to any particular hazard to estimate the
three core components: a legal and administrative quantitative risks associated with that hazard in the
framework, a building code and implementation at area of interest.
the local level. Building regulatory frameworks rely on
Fire regulations are the set of rules, standards and
an ecosystem of supporting institutions and system
recommendations intended to reduce to a minimum
elements such as the mortgage finance system,
the destruction caused by fire. Fire regulations are
frameworks for secure tenure, property and tax
intended to prevent the ignition of an uncontrolled fire
regimes, professional societies and training institutions
and to limit the development and effects of a fire after it
for the labour force.
starts. The National Fire Protection Association (NFPA),
Building codes create legal requirements in the for example, has developed more than 300 consensus
construction process of any infrastructure or building codes and standards aimed at eliminating death, injury,
development and must be enforced. Building codes property and economic loss due to fire, electrical and
must refer to appropriate building standards. They related hazards.
are promulgated by local Governments or national
Governments and have an independent legal value. Hazard is defined by a process, phenomenon or human
In Malawi, the building code is referred to as National activity that may cause loss of life, injury or other
Building Regulations. health impacts, property damage, social and economic
disruption or environmental degradation. Hazards may
Building standards define test methods to determine be natural, anthropogenic or socio-natural in origin.
product performance. Standards and specifically Natural hazards are predominantly associated with
‘building standards’ do not have any independent legal natural processes and phenomena. Anthropogenic
status, but they provide an essential reference in any hazards, or human-induced hazards, are induced
building process. There are around 4,000 building- entirely or predominantly by human activities and
related standards in the world. choices. Hazards may be single, sequential or combined
Chronic risk is a risk distributed over time and in their origin and effects. Each hazard is characterized
space, such as individual building fires and individual by its location, intensity or magnitude, frequency and
spontaneous collapses. These risks do not stem probability.
from one isolated event but arise from continuous
Informal building is a building structure which does not
conditions, which accumulate over time.
benefit from regulatory attention or professional design
Disaster risk is the potential loss of life, injury and or construction. An informal building does not comply
destroyed or damaged assets which could occur to a with existing planning and building regulations and is
system, society or a community in a specific period often situated in geographically and environmentally
and can be defined through the combination of three hazardous areas, lacking the corresponding local
terms: hazard, exposure and vulnerability. permits for its development. Informal buildings can be
occupied by all income levels of urban residents – both
Exposure is the situation of people, infrastructure,
affluent and poor.
housing, production capacities and other tangible
human assets located in hazard-prone areas. Measures Land-use regulations are the ordinances of
of exposure can include the number of people or types Government, including permits and codes, created to
of assets in an area. These can be combined with ensure that land resources are aligned with national
x / Building Regulatory Capacity Assessment
and local policy interests. Regulations are not restricted properly monitored, violations of building and land-use
to controlling existing buildings and uses; in large part, regulation often result in legal punishment, including
they guide future development. Mapping and master fines or temporary suspension of the building process.
plans are essential to land-use regulation, which can be
Structural loads are forces, deformations or
conceived to determine land use at all territorial scales.
accelerations applied to a structure or its components
Mitigation refers to activities that lessen or minimize (e.g. wind loads and seismic loads). Imposed loads are
the adverse impacts of a hazardous event. defined as a load applied to a structure that is not
permanent and can be variable, for example, due to
Non-engineered construction includes buildings that
changes in occupancy.
use traditional building practices without any or little
intervention by qualified architects and engineers in Vulnerability defines the conditions determined by
their design. physical, social, economic and environmental factors
or processes which increase the susceptibility of an
Regulatory compliance is an adherence to laws,
individual, a community, assets or systems to the
regulations, guidelines and specifications by
impacts of hazards.
individuals, associations, businesses or authorities,
in this case relevant to building regulations. When
Managing Risks for a Safer Built Environment in Malawi / 1
Executive Summary
2 / Building Regulatory Capacity Assessment
The Accumulation of Risk in the Built In many ways, Malawi is at a crossroads: the regulatory
Environment decisions made now will significantly impact the long-
I
term safety, productivity and resilience of the built
n a rapidly urbanising world, Malawi remains one of
environment in rural and urban areas. With its low
the least urbanised countries in Africa.1 Approximately
base and moderate rate of urbanisation, Malawi is well-
16.7 percent of Malawi’s population live in urban
positioned to formulate plans to maximise the benefits
areas.2 Nevertheless, the country is urbanising at
a moderate rate of approximately 3.7–3.9 percent and to manage the challenges of urban agglomeration.
per year.3 If growth continues at this rate, by 2030,
approximately 20 percent of the population will be city Why Is an Effective Building Regulatory
dwellers, reaching 30 percent in 2050.4 Framework Important?
To facilitate the construction of safe and resilient
This urban growth has the potential to improve eco-
buildings, comprehensive and effective building
nomic opportunities and living conditions across Ma-
regulatory frameworks are needed. The components
lawi. This is particularly significant given that approx-
of a building regulatory framework, including building
imately 69 percent of the population are living under
and land-use regulations, enabling legislation and local
the international poverty line of US$1.9/day in pur-
compliance mechanisms, function together to ensure
chasing power parity terms.5
that a particular building, on a particular site, achieves
However, challenges are also associated with this shift minimum levels of performance and resilience.
and concentration of population.
Building regulatory frameworks can be cost-effective
With urbanisation comes a substantial amount of new mechanisms for reducing risk and can support other
construction. In Malawi, much of this new construction societal objectives such as: accessibility and usability
has occurred in cities and towns with limited capacity for persons with disabilities; climate change mitigation,
to ensure the structures in which people live, work and through energy-efficient buildings; climate change
gather are safely sited and built to withstand chronic adaptation, through promoting buildings resilient to
stresses (i.e. fire and spontaneous collapse) and disaster
hydrometeorological hazards; and, preserving national
shocks (i.e. earthquakes and floods). In Lilongwe, for
heritage sites.
example, estimates indicate that 76 percent of residents
live in informal settlements.6 These settlements are An efficient and transparent building regulatory
generally characterised by a lack of access to public process can also incentivise economic investment in
services, tenure insecurity and inadequate housing.7 the construction sector by providing the market with a
clear set of design and construction requirements and
Malawi is impacted by a wide range of hazards, par-
performance expectations.
ticularly droughts, floods, landslides, wildfires and
earthquakes.8 Malawi is also vulnerable to recurrent In addition, sustained investment in effective building
and chronic risks. Large building fires in recent years regulatory systems would support Malawi in meeting
include the LL and Mchinji Markets and the Mulanje the objectives of its national development agenda
Bus Depot in 2016 and the Area 13 and Zomba Market (Malawi Growth and Development Strategy III) and its
in 2018.9 commitment to multilateral frameworks, including the
Sendai Framework for Disaster Risk Reduction (2015),
1
World Bank, 2016, Malawi Urbanization Review. the Paris Agreement10 (2015) and the New Urban
2
World Bank Data, 2017, Malawi Urban Population.
3
Ibid.
Agenda (2016).
4
National Statistics Office (NSO), Malawi, 2016, Malawi in Figures.
5
World Bank, 2017, Malawi Economic Monitor, Source: 2016 data,
World Bank staff calculations based on MoFEPD, RMB and IMF
data.
6
UN-Habitat, 2011, https:/ /www.zaragoza.es/contenidos/
medioambiente/onu/ /issue06/1136-eng.pdf .
7
Ibid. Law (IDRL) in Malawi.
8
Think Hazard, 2018, Malawi. Through Malawi’s Nationally Determined Contribution (NDCs)
10
9
Malawi Red Cross Society, 2015, International Disaster Response submitted in 2015.
Managing Risks for a Safer Built Environment in Malawi / 3
Report Approach The Government of Malawi’s Efforts
This report follows the Building Regulation for to Strengthen the Building Regulatory
Resilience (BRR) Program’s Building Regulatory Capacity Framework
Assessment (BRCA) methodology.11 The Government has taken steps to strengthen its
building regulatory and land-use systems. These
The Assessment covers three main components:
actions have been driven by, amongst others, a desire
1) National legal and institutional framework focuses to increase the country’s resilience to disasters and
on identifying whether the necessary legal (acts, chronic stresses, to strengthen the profitability and
decrees and laws) and institutional structures are safety of the construction sector and to manage the
in place to enable the enforcement of land-use and process of rural–urban migration.
building regulations. To be effective, the legal, admin-
Highlights include:
istrative and institutional structures in place should
include provisions for all steps of the life cycle of a ■■ Initiating new draft National Building Regulations.
building from the project’s siting, design, construc- The Department of Buildings at the Ministry of
tion, maintenance and retrofits to its demolition. Transport and Public Works is leading this initiative in
2) Building code development and maintenance exam- coordination with the Department of Housing at the
ines the adequacy of the building code, referred Ministry of Lands, Housing and Urban Development
to in Malawi as National Building Regulations, and and the Department of Disaster Management Affairs
how it is maintained over time. The Assessment at the Office of the President and Cabinet. The new
focuses on the extent to which these regulations National Building Regulations will be based on a
reflect an up-to-date scientific understanding of draft developed in 1997.12
how buildings perform against chronic risks, di- ■■ Developing Safer House Construction Guidelines.
saster events and climate change. It also assesses Following a series of earthquakes in Karonga in
how these regulations have been adapted to re- December 2009, the Department of Housing
flect local conditions and construction practices. initiated the development of Safer House
Land-use regulations are examined to determine Construction Guidelines in 2012.13 These guidelines
whether they include provisions for the safe and provide an illustrated set of instructions for building
resilient siting of buildings.
a resilient two-room house in a rural area using local
3) Local implementation reviews the administration building techniques and materials.
of building and land-use regulations at the Local
■■ Reforming land-related laws. In recent years, four
Council level. The Assessment focuses on the ca-
pieces of legislation have been passed. These
pacity of the Planning, Building and Fire Depart-
include the Physical Planning Act (2016),14 the
ments to administer building and land-use regula-
Customary Land Act (2016),15 the Land Act (2016)16
tions. In this Assessment, Lilongwe City Council is
used as a case study.
12
This 1997 draft was developed by an international firm under the
Beyond these three components, building regulatory leadership of the MoTPW and MoLHUD.
frameworks also rely on an ecosystem of supporting
13
The Guidelines were produced in collaboration with other
Government Departments, UNHABITAT, Malawi Red Cross
elements such as insurance markets, mortgage finance Society, TEVETA, CCODE, and the Malawi Institute of Engineers,
systems, frameworks for secure land tenure, and with technical and financial assistance from the World Bank and
DFID. They were later revised in 2014 with financial support from
property and tax regimes. These elements are beyond the World Bank.
the scope of this report since this report maintains its 14
Government of Malawi, Physical Planning Act, 2016 (Date of
focus on the core aspects of land-use and construction promulgation, September 2016, Date of commencement May
2018).
regulation of specific relevance to new and existing 15
Government of Malawi, Customary Land Act, 2016 (Date of
buildings and their immediate environment. promulgation, September 2016, Date of commencement March
2018).
16
Government of Malawi, Land Act, 2016 (Date of promulgation
World Bank, GFDRR, 2017, BRCA Level 2.
11
September 2016, Date of commencement on notice).
4 / Building Regulatory Capacity Assessment
and the Registered Land (Amendment) Act (2017).17 Recommendations
Together, this legislation provides a comprehensive The recommendations made in this report are
legal framework for the management of land across summarised below. These recommendations are
Malawi. intended to support the Government of Malawi to
launch comprehensive building regulatory reform.
Key Challenges
A selection of the key challenges identified throughout Legislative and Institutional Framework
the BRCA are outlined below. These challenges are
National Legislative Reforms
explored in greater depth throughout the report and
are linked to corresponding recommendations. ■■ Strengthen and pass the Buildings Control and
Development Bill (2019) referencing the new
■■ National Building Legislation is needed. Malawi does
National Building Regulations.
not currently have national legislation that defines
the Government’s responsibility to regulate buildings ■■ Develop a national-level framework for fire
and principles for local enforcement. prevention, including the development and passage
of fire prevention legislation.
■■ The draft National Building Regulations needs to be
strengthened, finalised and promulgated. Malawi does National Institutional Reforms and Capacity
not have National Building Regulations. Instead, the
■■ Support the establishment of the proposed Building
country’s largest cities (Lilongwe, Blantyre, Mzuzu
Regulation Division of the Ministry of Transport and
and Zomba) rely on their own building bylaws.18
Public Works and build its institutional capacity.
These bylaws are not consistent. To address this
challenge, the Government of Malawi is in the process ■■ Strengthen Malawi’s capacity to test construction
of developing National Building Regulations.19 It is products, materials and soil. Testing facilities should
critical to articulate the relationship between the be available for both the public and private sector.
National Building Regulations and the city bylaws
■■ Assist the Department of Physical Planning in
to avoid overlapping and potentially contradictory
developing guidance materials for Local Councils
provisions.
to help them develop risk-sensitive land-use and
■■ Local Council Development and Planning physical development plans.
Departments require additional human and technical
■■ Strengthen the coordination between different
capacity to effectively administer building and land-
Government Agencies and Departments for
use regulations. For example, the Lilongwe City
developing and sharing hazard maps. This includes
Council Development Control Section, responsible
the development of data-sharing standards and
for processing development permit applications, has
methodologies for hazard mapping.
a total of three staff. Whilst, the Building Control
Section, responsible for plan reviews and building ■■ Support the Land Survey Department in the
inspections, only has two staff. 20 completion of Malawi’s Geodetic Network.
■■ Provide technical and financial assistance to the
Technical, Entrepreneurial and Vocational Education
and Training Authority (TEVETA) to develop a
market-oriented training curriculum for construction
workers which incorporates building regulation
requirements.
17
Government of Malawi, Registered Land (Amendment) Act, 2017.
18
BRCA Interview, 2018, Representatives from the Building
Department of the MoTPW and Department of Housing of the
MoLHUD.
19
Ibid.
20
Ibid.
Managing Risks for a Safer Built Environment in Malawi / 5
Building Regulation Development and Departments of Lilongwe, Blantyre, Mzuzu and
Maintenance Zomba in building plan reviews and inspection.
Strengthening the Building Regulations ■■ Explore the option of leveraging resources from
the private sector to expand local capacity for plan
■■ Address the technical gaps in the draft National
reviews and inspections.
Building Regulations and ensure they are aligned
with international best practice, including: Construction Permitting
●● Referencing hazard maps with the determination ■■ Review Local Councils’ processes for building permits
of building structural requirements; and streamline where possible to improve efficiency
●● Integrating provisions for access and usability for and transparency.
persons with disabilities; and
■■ Consider introducing a web-based MIS software
●● Integrating provisions for green and energy application for building permits and inspections
efficient buildings. modelled on the cost-effective solutions introduced
■■ Determine the relationship between the city bylaws in Nairobi and Kigali.
and the National Building Regulations.
■■ Review the current fee policy of Local Councils to
■■ Initiate dialogue between the Building Regulation make it affordable for builders and home-owners to
task team and a wide range of stakeholders to decide apply for a development permit.
whether and how provisions and/or guidelines for
■■ Accompany the local permitting reform process
non-engineered vernacular construction should
with a strategic communication campaign targeting
be integrated or referenced in the new National
stakeholders such as building professionals, building
Building Regulations.
and planning regulators, contractors and the general
■■ Finalise, legally mandate and disseminate the public.
finalised National Building Regulations.
Building Inspections
Building Regulation Maintenance
■■ Develop a risk classification system for buildings to
■■ Establish a systematic and inclusive technical process enable a more efficient prioritisation and allocation
for the update, publication and distribution of the of resources for building site inspections.
National Building Regulations. The process should
be outlined in the Building Regulations themselves Physical Planning
and in the Buildings Control and Development Bill
■■ Expand Local Councils’ capacity to integrate hazard
(2019).
information into land-use regulations and urban
planning, particularly for flood and landslide risks.
Local Implementation
Local Council Capacity ■■ Make risk-informed land-use maps available online
to all citizens.
■■ Initiate human resource capacity needs assessments
to inform staffing plans in Local Council Planning and Land Access Reform
Development Departments.
■■ Initiate steps to lower fees and costs associated with
■■ Require minimum academic and professional the registration of property rights and leasehold
qualifications for Local Government Building, agreements. The cost is currently a deterrent for
Planning and Fire Regulators. registration and formalisation.
■■ Provide training for building regulatory staff in ■■ Lilongwe City Council should initiate steps to reduce
the Fire Brigades and Planning and Development the size of the minimum and maximum plot size.
6 / Building Regulatory Capacity Assessment
Next Steps The analysis and recommendations outlined in the
This report provides an assessment of the building report provide inputs with which the Government of
regulatory framework in Malawi. The report was Malawi can launch a comprehensive process of building
developed by the World Bank with the strategic regulatory reform.
objective of supporting the Government to improve The recommendations build on the Government’s
building safety and resilience across the country. previous achievements and reforms in this area.
Managing Risks for a Safer Built Environment in Malawi / 7
1. Introduction
1.1. Why Is an Effective Building Malawi’s towns and cities have played an important role
in recent economic growth patterns, including positive
Regulatory Framework
signs of structural change. The share of agriculture to
Important?
I
gross domestic product (GDP) and to employment has
n a rapidly urbanising world, Malawi remains one of been falling and that of more productive sectors such as
the least urbanised countries in Africa.21 Approximately industry and services has been increasing.26 Projected
16.7 percent of Malawi’s population live in urban urbanisation and economic growth rates for the period
areas.22 Nevertheless, while Malawi is at an early stage from 2010 to 2030 show that even a slightly increased
of urbanisation, the country is urbanising at a moderate rate of urbanisation could enhance Malawi’s long-term
rate of approximately 3.7–3.9 percent per year.23 If economic prospects.27
growth continues at this rate, by 2030, approximately 20
However, challenges are also associated with this
percent of the population will be city dwellers, reaching
shift and concentration of population. In Lilongwe, for
30 percent in 2050. In 2015, the capital city of Lilongwe
example, 76 percent of residents are estimated to live in
broke the one million population mark. The city of Blantyre
informal settlements.28 These settlements are generally
is projected to follow a similar growth trajectory.24
characterised by a lack of access to public services,
This urban growth has the potential to improve
economic opportunities and living conditions across
Malawi. This is particularly significant given that IMF data.
26
In 2016, Malawi’s real GDP grew by 2.5 percent despite a
approximately 69 percent of the population are living
significant contraction in the agriculture sector. Floods and
under the international poverty line of US$1.9/day in droughts in early 2015, followed by another major drought in
purchasing power parity (PPP) terms.25 2016, have had severe consequences on agricultural production,
energy generation and poverty reduction. The agriculture sector,
which contributes to around 30 percent of GDP, contracted by 2.3
21
World Bank, 2016, Malawi Urbanization Review. percent in 2016. By contrast, the industrial and services sectors
22
World Bank Data, 2017, Malawi Urban Population. were both estimated to have recorded positive rates of growth of
23
Ibid. 2.4 percent and 4.4 percent, respectively. (Source: World Bank,
24
National Statistics Office (NSO), Malawi, 2016, Malawi in Figures. 2017, Malawi Economic Monitor.)
25
World Bank, 2017, Malawi Economic Monitor, Source: 2016 27
World Bank, 2017, Malawi Economic Monitor.
data, World Bank staff calculations based on MoFEPD, RMB and 28
UN-Habitat, 2011, Malawi: Lilongwe Urban Profile.
Roadside markets and street life in Malawi. Photo: © Hecke01 | Dreamstime.com
Managing Risks for a Safer Built Environment in Malawi / 9
tenure insecurity and inadequate housing.29 This poses Investing in building regulatory capacity can also
a challenge for city managers seeking to ensure current support other societal objectives such as: accessibility
and future building stock are safely constructed. for people with disabilities; climate change mitigation,
through resource-efficient buildings; and, climate
With urbanisation comes a substantial amount of new
change adaptation, through promoting buildings
construction. In Malawi, much of this new construction
resilient to hydrometeorological hazards. With changing
has occurred in cities and towns that have limited
climate patterns, many countries, including Malawi,
capacity to ensure the structures in which people live,
will face the growing risks linked to more intense and
work and gather are safely sited and built to withstand
lengthy droughts and extreme rainfall and flooding.31
chronic stresses (i.e. fire and spontaneous collapse)
Increasing the resilience of towns and cities to climate
and disaster shocks (i.e. earthquakes and floods).
change requires a dynamic adjustment in building
Without effective building and land-use guidance,
siting, design, construction and maintenance – this is a
urban development has extended to hazardous sites
function that well-designed building regulatory regimes
and resulted in the construction of unsafe, vulnerable
can provide.
settlements. This has led to an expansion of disaster
and chronic risks in Malawi’s built environment. An efficient and transparent building regulatory
process can also incentivise economic investment in
To facilitate the construction of safe and resilient
the construction sector by providing the market with
buildings, comprehensive and effective building
a clear set of design and construction requirements,
regulatory frameworks are needed. Components of
quality standards and performance expectations. The
a building regulatory framework, including building
construction sector provides a strategic entry point
regulations, enabling legislation and local compliance
for promoting building safety and resilience in Malawi.
mechanisms, function together to ensure that a
Over the last decade, the industrial sector has been the
particular building, on a particular site, achieves
major driver of economic growth in Malawi, growing at
minimum levels of performance and safety. Building
an average annual rate of 5.4 percent mainly due to the
regulatory frameworks can be a cost-effective
expansion of manufacturing and construction.32
mechanism for optimising risk reduction.
In many ways, Malawi is at a crossroad: the regulatory
Strengthening the country’s building regulatory
decisions made now will have a significant impact on
framework is aligned with the Government’s objective
the long-term safety, productivity and resilience of the
to move from an ex post approach of disaster response
built environment in both rural and urban areas. With
to an ex ante approach that proactively manages and
its low base and moderate rate of urbanisation, Malawi
reduces disaster and climate risks. As will be discussed
is well-positioned to formulate plans to maximise
in the next chapter, Malawi is vulnerable to a wide range
the benefits and manage the challenges of urban
of hazards, both disaster shocks and chronic stresses.
agglomeration in the future.
The Government has made several commitments to this
agenda through international and regional frameworks,
including the Africa Regional Strategy for Disaster 1.2. The Government’s Recent Efforts
Risk Reduction (2004) and the Sendai Framework for to Strengthen the Building
Disaster Risk Reduction (2015). Malawi’s Disaster Risk
Regulatory Framework
Management Policy (2015) and Malawi’s Growth and
Development Strategy III (2017-2020)30 both promote The Government of Malawi has taken several steps to
the mainstreaming of disaster risk management into strengthen its building regulatory and land-use systems.
development and planning processes at the national These steps span the three main components of a
and local level.
31
Overseas Development Institute (ODI), U.K. Met Office, and Risk
Management Solutions (RMS), 2013, The Geography of Poverty,
Ibid.
29
Disasters and Climate Extremes in 2030.
The fourth and last medium-term strategy formulated to achieve
30 32
World Bank, 2017, Malawi Economic Monitor (Annual Growth
Vision 2020. from 1998-2013).
10 / Building Regulatory Capacity Assessment
building regulatory framework: (i) legal and institutional land laws. These include the Physical Planning Act
framework, (ii) building regulation development and (2016),37 the Customary Land Act (2016),38 the Land
maintenance and (iii) local implementation. These Act (2016)39 and the Registered Land (Amendment)
actions have been driven by several motivations, Act (2017).40 Together, this legislation provides a
including a desire to increase the country’s resilience comprehensive legal framework for the management
to disasters and chronic stresses, to strengthen the of land across Malawi.
profitability and safety of the construction sector and
to manage the process of rural–urban migration. These ■■ Developing the National Construction Industry Policy
actions include: (2015).41 This Policy, spearheaded by the National
Construction Industry Council (NCIC), details the
■■ Initiating the development of National Building direction and intent of the Government in facilitating
Regulations. Malawi does not have National Building infrastructure development across the country. The
Regulations, instead the country’s largest cities rely policy aims at ensuring an enabling environment for
on their own building and planning bylaws.33 These the development of a vibrant, efficient, sustainable
bylaws are not consistent across the country and do and risk-sensitive local construction industry, in line
not always reflect an up-to-date understanding of
with Malawi’s Vision 2020.
building science and disaster risk.34 Recognising this
limitation, the Department of Buildings, under the The Government can build on this momentum and
Ministry of Transport and Public Works, is leading undertake a comprehensive reform of the country’s
a task-team35 to develop new National Building building regulatory framework. These reforms should
Regulations. This activity is being supported by target the limitations of the current building regulatory
the World Bank-funded Malawi Floods Emergency framework which will be outlined later in this report.
Recovery Project (MFERP).
■■ Developing Safer House Construction Guidelines. 1.3. Why Act Now?
Following a series of earthquakes in Karonga in
Since 2014, Malawi’s decentralisation agenda has
December 2009, the Department of Housing
initiated the development of Safer House gained momentum. A wide range of administrative
Construction Guidelines in 2012.36 These guidelines and political authority has been assigned to local
provide an illustrated set of instructions for how to Governments, including regulation and control of
build a resilient two-room house using local building building structures.42 In the 1990s, the Government
techniques and materials in rural and peri-urban of Malawi initiated a far-reaching and ambitious
areas. The guidelines were revised in 2014 with decentralisation policy following the development
financial support from the World Bank. of a new Constitution (1994), the passage of the
National Decentralisation Policy (1998) and the Local
■■ Reforming land-related laws. In recent years, four
Government Act (1998).43 In its early years, progress on
pieces of legislation have been passed to help reform
implementing the decentralisation policy was modest
33
BRCA Interview, 2018, Representatives from the Department and came to a standstill from 2005 to 2013 when a
of Buildings of the MoTPW and Department of Housing of the
MoLHUD.. 37
Government of Malawi, Physical Planning Act, 2016 (Date of
34
For example, the Building Bylaws of Lilongwe were promulgated promulgation, September 2016, Date of commencement May
in 1961, based on the then British Building Bylaws. 2018).
35
Other than the organisations already mentioned, this Task Team 38
Government of Malawi, Customary Land Act, 2016 (Date of
comprises core participants such as the Department of Disaster promulgation, September 2016, Date of commencement March
Management Affairs (DoDMA), the National Construction 2018).
Industry Council of Malawi (NCIC), Malawi Institute of Architects 39
Government of Malawi, Land Act, 2016 (Date of promulgation
(MIA), Malawi Institution of Engineers (MIE) and the Malawi September 2016, Date of commencement on notice).
Polytechnic. 40
Government of Malawi, Registered Land (Amendment) Act, 2017.
36
The Guidelines were produced in collaboration with other 41
Government of Malawi, 2015, National Construction Industry
Government Departments, UNHABITAT, Malawi Red Cross Policy.
Society, TEVETA, CCODE and the Malawi Institute of Engineers, with 42
World Bank, 2016, Malawi Urbanization Review.
technical and financial assistance from the World Bank and DFID. 43
Ibid.
Managing Risks for a Safer Built Environment in Malawi / 11
process of re-centralisation was initiated: locally elected 1.4. Report Approach
Councils were replaced by Consultative Committees
appointed by the Central Government.44 In 2014, new With a view to strengthen the resilience of the built
local elections were held; the functions and financing environment, including new and existing construction,
of local governments are currently under review.45 this report provides an assessment of building regulatory
capacity in Malawi, identifying critical gaps and
This process provides an opportune moment for the developing a baseline to inform future reform activities.
Government of Malawi to initiate building regulatory
reform as local governments have increased The Assessment methodology is structured around
administrative and political authority and have had the three major components of a building regulatory
to establish institutions and processes to manage framework (see Figure 1):
devolved functions. Assessing the effectiveness of
these institutions early on provides an opportunity
for capacity building and process re-mapping before FIGURE 1: Components of a Building Regulatory
systems become too entrenched. While decentralisation Framework
holds the prospect of improved local land and urban
governance on development and building control,
there are important questions about the availability of National level
appropriate funding for local and city councils. legislation and
institutions
Furthermore, as outlined at the beginning of the
chapter, at the current rate and pace of urbanisation,
Malawi is well positioned to plan ahead to maximise Building code
Local level
the benefits of urban agglomeration while addressing development and
implementation
manitenance
the challenges.
Strengthening the building regulatory framework
will support Malawi to achieve its urban and rural
development agenda, articulated in MGDS III and Vision
2020. For example, MGDS III articulates the need to Source: World Bank, 2017, Building Regulation for Resilience Program.
“undertake comprehensive disaster risk assessment
and mapping covering all sectors and disseminate 1) National legal and institutional framework
the results to enhance risk-informed development focuses on identifying whether the necessary legal
planning.” (acts, decrees and laws) and institutional structures
Finally, a sustained investment in an effective building are in place to enable the enforcement of land-
regulatory system would support Malawi in meeting use and building regulations. To be effective, the
its commitments to multilateral frameworks, including: legal, administrative and institutional structures
the Sendai Framework for Disaster Risk Reduction should include provisions for all steps of the life
(2015), the Paris Agreement through Malawi’s National cycle of a building from the project’s siting, design,
Determined Contribution (submitted in 2015) and the construction, maintenance, retrofits and demolition
New Urban Agenda (2016). (see Figure 2).
2) Building regulation development and maintenance
examines the adequacy of the building regulations
and how they are maintained over time. The
Assessment focuses on the extent to which
these regulations reflect an up-to-date scientific
understanding of how buildings perform against
Ibid.
44
Ibid.
45 chronic risks, disaster events and climate change.
12 / Building Regulatory Capacity Assessment
FIGURE 2: Building Life Cycle
LIFE-CYCLE
BUILDING
MODIFICATIONS
USE &
SITING DESIGN CONSTRUCTION & CHANGE DEMOLITION
MAINTENANCE OF USE
• Planning & land use • Building • Building • Fire & health • Building & fire • Building
INTERVENTION
GOVERNMENT
• Administration departments & plan departments & inspectorates departments departments
organizations reviews inspection • Fire & health • Environment
• Materials testing departments agencies
labs • Environment
agencies
• Map hazard zones • Establish building • License • Establish fire and • Identify existing • Establish
• Regulate land use codes construction firms health inspection building code environmental
• Establish cadastral • Certify building • Certify building for existing with appropriate standards for debris
REQUIRED
ACTIONS
system designers materials buildings plan review and removal and site
• Establish plan • Establish code- inspection restoration
review authority based inspections
• Certify building
trades
Source: World Bank, 2018, Building Regulation for Resilience Program.
It also assesses how these regulations have been security of tenure, etc.), this report maintains focus
adapted to reflect local conditions and construction on building control mechanisms in order to provide
practices. Land-use regulations are examined to actionable recommendations.
determine whether they include provisions for the
It is important to note that a wide range of social,
safe and resilient siting of buildings.
economic and political factors can lead to settlements
3) Local implementation reviews the implementation in unsafe areas and unsafe building practices. For
and management of building and land-use example, the functioning of land and housing markets,
regulations at the Local Council level. The and the absence of inclusive construction and
Assessment focuses on the capacity of the planning, mortgage finance. These are beyond the scope of this
building and fire departments to administer the Assessment.
building and land-use regulations.
This Assessment is consistent with the methodology
For the local implementation component, the of the Building Regulation for Resilience Program.46The
Assessment focused on the Lilongwe City Council. analysis in the report is based on:
While Malawi’s cities and towns have different levels
■■ A desk review of legislation, policies, building
of capacity, organisational frameworks and building
regulations and land-use regulations.
regulatory processes in place, achievements and
challenges identified in Lilongwe have also been ■■ Interviews with key stakeholders and a national
reported in other cities and towns across the country. workshop facilitated by the World Bank in Lilongwe
between February 11, 2018 and February 16, 2018.
While there is an ecology of different factors and
institutions that have an effect on safe and sustainable 46
World Bank, GFDRR, 2017, Building Regulatory Capacity
built environments (e.g. building finance, land valuation, Assessment: Level 2.
Managing Risks for a Safer Built Environment in Malawi / 13
2. Drivers of Risk in
the Built Environment
2.1. Natural and Chronic Hazards floods, have and will continue to increase in frequency,
intensity and magnitude as a result of climate change.
in Malawi
M
See Figure 3 for a summary of historical observations
alawi is impacted by many hazards, particularly and projected changes to the climate in Malawi.
droughts, floods, landslides, wildfires and These hazards have an adverse impact on sustainable
earthquakes.47 Evidence indicates that livelihoods across many rural and urban communities.48
hydrometeorological hazards, namely droughts and
FIGURE 3: Historical Climate and Future Climate
Observations since 1960 indicate:
• Temperature increases of approximately 0.9°C, with the most increase in summer months (Dec–Feb),
Historical
between 1960 and 2006.
Climate • Increase in the number of days (+30 days) and nights (+41 days) considered “hot”.
• Highly variable year-to-year rainfalls totals, with no statistically significant trends.
• Increased length of dry spells during rainy season.
• Increased intensity, frequency and magnitude of floods and droughts.
Projected changes include:
• Higher average temperatures of 1–3°C by 20150, with largest increases in early summer months.
Future • Increase in the number of days and nights considered “hot” by 2060.
Climate • Overall increases or decreases in rainfall difficult to project.
• Later onset/earlier cessation of rainy season.
• Increased in average monthly rainfall from Dec–Jan and a decrease from Feb–April.
• Increases in the proportion of rainfall during extreme events of up to 19 percent anually by 2090.
Source: USAID, 2017, Climate Change Risk Profile, Malawi.
Department of Disaster Management Affairs, 2015, Malawi
48
Think Hazard, 2018, Malawi.
47
Hazards and Vulnerability Atlas.
14 / Building Regulatory Capacity Assessment
FIGURE 4: Destruction Caused by Flooding The financial impacts of natural disasters are further
on the Outskirts of Blantyre, 2015 exacerbated by Malawi’s economic dependence on
agriculture. It is estimated the agriculture sector
provides and generates approximately 80 percent of
total export earnings and employment.53 A 2010 study
by the International Food Policy Research Institute
(IFPRI) estimated that Malawi loses, on average, close
to US$22 million every year due to the combined
effects of droughts and floods.54 However, an extreme
drought, such as the one experienced in 1991/92, can
contract the GDP up to 10.4 percent.55
Historically, the most critical floods on record are
associated with the La Nina phenomenon. In January
2012, floods affected more than 10,000 people and
caused US$3 million worth of damage to households
and infrastructure.56 In 2015, Malawi suffered a period
of intense flooding, which forced the displacement of
Source: The Guardian, 2015 (photo by Bonex Julius/AFP/Getty around 230,000 people, with 276 reported dead or
Images).
missing.57 The flooding caused substantial damage and
losses in the productive, public infrastructure and social
Hydrometeorological Hazards service sectors, including private and community assets.58
While Malawi is vulnerable to flood risks across An assessment conducted soon after the flooding by the
the country, Southern Malawi is most exposed to Government of Malawi, the World Bank, European Union
frequent and high-magnitude flood-events. Due to (EU) and United Nations (UN) estimated the damage and
its topography, Malawi’s Shire Valley is regularly hit by losses at close to US$335 million, while the recovery and
floods that repeatedly affect populations by causing loss reconstruction close to US$494 million. The housing
of lives and assets.49 Out of Malawi’s total population sub-sector’s recovery and reconstruction needs were
of 18.7 million, the southern region has the highest estimated at almost US$180 million (see Figure 5).59 The
population. The southern region has nearly 8.5 million droughts in the following months, however, doubled these
inhabitants, including the 1.4 million households of a numbers.60 The floods were followed by a protracted
total of 3 million households in the country.50 period of droughts, creating the country’s worst food
crisis in a decade.61 More recently, heavy rains in February
Between 1990 and 2018, floods cumulatively represented
2018 caused floods across the country, damaging
the most frequent and financially damaging of natural
894 households (approximately 2,200 people), while
disasters on record.51 Between 1967 and 2003, 18 major
approximately 560 people were displaced.62
floods were recorded; these have resulted in at least 570
casualties and 132,000 homeless or displaced people.
They also have affected a total of 1.8 million inhabitants.52
53
GFDRR, 2018, Malawi Country Profile.
54
IFPRI, 2010, Droughts and Floods in Malawi: Assessing the
Repeated flooding damages private and public property Economywide Effects.
and infrastructure and causes major disruption in 55
GFDRR, 2011, Economic Vulnerability and Disaster Risk
Assessment in Malawi and Mozambique.
agricultural practices (see Figure 4). 56
World Bank, 2015, Recent Floods in Malawi Hit the Poorest
Areas: What This Implies.
57
World Bank and Government of Malawi, 2015, Floods Post
49
IFPRI, 2010, Droughts and Floods in Malawi: Assessing the Disaster Needs Assessment Report.
Economywide Effects. 58
Ibid.
50
GFDRR, 2011, Economic Vulnerability and Disaster Risk 59
Ibid.
Assessment in Malawi and Mozambique. 60
Ibid.
51
Prevention Web, 2018, Malawi Data. 61
Floodlist, 2015, 2015 Floods Leave Malawi Facing Worst Food
52
GFDRR, 2011, Economic Vulnerability and Disaster Risk Crisis in 10 Years.
Assessment in Malawi and Mozambique. 62
DoDMA and UN Office of the Resident Coordinator, 2018,
Managing Risks for a Safer Built Environment in Malawi / 15
FIGURE 5. Total Damage, Loss, Recovery and Reconstruction Needs after the 2015 Floods
Water and Sanitation
Transport
Social Protection Infrastructure
Nutrition
Housing
Health
Environment
Energy
Education
Commerce & Trade
Agriculture
– 20.0 40.0 60.0 80.0 100.0 120.0 140.0 160.0 190.0 200.0
n Recovery and Reconstruction Needs (US$ m) n Disaster Effects (US$ m)
Source: GFDRR, 2015.
Geologic Hazards population and non-engineered buildings.67 In March
Malawi is situated in the southern branch of the active 2018, a moderate earthquake near the border with
East Africa Rift System, an area prone to earthquakes. The Mozambique injured people and damaged houses
distribution of previous events shows northern Malawi as around Nyasa.68
the most seismically active area, followed by the central The potential size of earthquakes in the Malawi Rift
region, whereas the South has historically shown little is significantly larger than the historically experienced
activity.63 In the Malawi Rift, research indicates that several events, including those in Karonga in 2009 and Salima-
major geological faults could generate earthquakes up to Dedza-Mchinji in 1989.69 Furthermore, a pattern of
a moment magnitude (Mw) of 7.0.64 unplanned and unregulated urbanisation is increasing
Although seismic events occur less frequently than the number of buildings vulnerable to seismic hazards.
other disasters, the impact and losses of earthquakes The north basin of Lake Malawi lies below three
have been considerable. In 2009, a series of earthquakes volcanoes in Tanzanian territory, which form part of
in the northern district of Karonga damaged at least the East Africa Rift system.70 While there has not been
24,000 households, killing four people, injuring at any recorded volcanic eruption in Malawi, the GFDRR
least 300 and affecting 145,000 others.65 The direct tool ‘Think Hazard’ classifies volcanic risk as high in
costs of these earthquakes were estimated at over Malawi.71
US$14 million,66 in a region with a largely low-income
Malawi: Flood Situation Update.
63
Patrick Rafiki, 2016, Seismic Observation and Seismicity of 67
Katsuichiro Goda et al., 2016, Seismic Risk Assessment of Urban
Malawi. and Rural Settlements around Lake Malawi.
64
Katsuichiro Goda et al., 2016, Seismic Risk Assessment of Urban 68
Reliefweb, 2010, Mozambique, Malawi – 5.6 M Earthquake.
and Rural Settlements around Lake Malawi. 69
Katsuichiro Goda et al., 2016, Seismic Risk Assessment of Urban
65
Reliefweb, 2010, Malawi grapples with aftermath of worst quakes and Rural Settlements around Lake Malawi.
in 50 years. 70
Think Hazard, 2018, Malawi.
66
GFDRR, 2018, Malawi Country Profile. 71
Ibid.
16 / Building Regulatory Capacity Assessment
FIGURE 6: Aftermath of Mulanje Bus Depot Fire, 2016
Source: Nyasa Times, 2016.
Chronic Hazards fuel.76 Large building fires in recent years include the
Although underreported, Malawi is exposed to recur- Mzuzu and Tsoka Markets in 2014; the Lilongwe Main
rent and chronic risks such as fire and the spontaneous and Mchinji Markets and the Mulanje Bus Depot in
collapse of buildings. Unplanned urbanisation and lim- 2016; and the Area 13 and Zomba Markets in 2018.77
ited enforcement of the building bylaws72 have resulted The ensuing building collapse is often caused by use
in the spontaneous collapse of buildings. In 2011, the of sub-standard materials and equipment, foundation
collapse of a restaurant situated in Blantyre, the focal failure and limited project monitoring.78
point of the country’s commercial activities, killed four Consistent with regional patterns in Africa, a large
people and injured 20 people.73 The event produced share of urban diseases, epidemics, shack fires and
an inquiry led by the Malawi Institution of Engineers spontaneous structural collapse of buildings that
(MIE) to raise awareness about building collapse risk.74 occur in Malawi’s urban centres are not recorded as
The Inquiry concluded that the main cause of collapse a “disaster” in local or national data tracking systems.
was structural alterations75 made without a registered However, quantitative evidence suggests that the
engineer’s endorsement. cumulative impacts of recurrent hazards resulting in
Fire outbreaks are also common urban disasters, small, isolated losses in Africa are greater than those of
resulting from a lack of regulation, faulty electrical large disasters resulting from extreme events.79
installations and the illegal storage and sale of liquid
76
Mr. Kadaluka, (Acting Commissioner for Physical Planning in the
Ministry of Lands and Housing across the Northern Region),
quoted in https:/ /www.urbanafrica.net/news/urban-disasters-
challenge-planning-malawi/.
72
World Bank, 2017, Malawi Urbanization Review. 77
Malawi Red Cross Society, 2015, International Disaster Response.
73
MIE, 2011, Report on Collapse of KIPS Restaurant. 78
Urbanafrica.net, 2014, Urban disasters: a challenge to planning in
74
The Nation, 2012, Engineers to focus on public safety in 2012. Malawi.
75
The inquiry concluded that collapse was caused by the removal of 79
UNDP, 2013, From Everyday Hazards to Disasters: The
a brick pier which led to the slab to curve in. Accumulation of Risk in Urban Areas.
Managing Risks for a Safer Built Environment in Malawi / 17
Waste management remains an environmental, hygiene are also estimated to live below the poverty line, with 9
and fire-safety challenge. Nearly 55 percent of waste percent considered ultra-poor.88
disposal comprises waste pits dug by households. A
household survey in 2010–2011 showed the second
FIGURE 7: Collapsed Restaurant in Blantyre
highest means of disposal is public waste heaping, which
is often burned without appropriate safety measures.
About 17 percent of the households reported using no
means of disposing their waste and 7.7 percent burn
their waste at home on a regular basis.80 Improper
management of waste can lead to uncontrolled fires
but also soil and water contamination, which can have
a direct impact on the quality of food production and
potability of water.81
As Malawi continues to urbanise, the growth of
informal low-rise, high-density settlements and high-
rise construction is expected to pose significant
challenges to the limited fire-fighting capacity in major
urban centres.82 Malawi’s urban density is generally
low-density, in part due to the continuing expansion
of the urban footprint.83 However, large swathes of
this urban area are undeveloped (19.2 percent) or Source: UrbanAfrica.Net, 2011.
only utilised for agriculture (23.5 percent).84 Urban
informal settlements, on the contrary, show signs of
concentrated, unplanned development; Malawi’s slums
2.2 Key Drivers of Vulnerability
are frequently characterised as high-density areas with in the Built Environment
thousands living in densely populated urban pockets.85 Physical, economic, social and political factors
determine the extent of people’s capacity to resist, cope
In 2014, it was reported that as many as 76 percent
and recover from hazards. This section will provide an
of residents in Lilongwe were estimated to live in
overview of the key factors and drivers of vulnerability
sub-standard housing and/or informal settlements.86
linked to the built environment in Malawi.
Urban informal settlements in Malawi, as is common
in many Sub-Saharan Africa cities, are affected by If Malawi continues to urbanise at the same rate,
overcrowding, poverty, insecure housing tenure and this will mean that its towns and cities will need to
limited water access.87 A quarter of the city’s residents accommodate an additional three million people by
2040.89 Malawi’s four main cities, Lilongwe, Blantyre,
80
Orevstedt, 2015, Waste management and impact on people’s Mzuzu and Zomba, account for nearly 75 percent
health when cultivating on sites contaminated with heavy metals:
Minor field study made in Zomba, Malawi. of the national urban population. Their increasing
81
Ibid. footprint, particularly in Lilongwe (see Figure 8) and
82
BRCA Interview, February 2018, Chief Fire Officer of the Fire
Blantyre, reflects an expanding population density,
Brigade of Lilongwe.
83
According to UN Habitat, high-density in urban areas is at a which continues to increase demand on urban utilities,
minimum of 15,000 people per square kilometre, a density found,
for example, in Mexico City or Singapore (UN Habitat, 2014,
A new strategy of sustainable neighbourhood planning: five 88
Luppen and ActionAid, 2014, Survey of Urban Poor Settlements
principles). in Lilongwe 2014. According to Michael Lipton (1986) the “ultra-
84
Ministry of Lands, Housing and Urban Development, 2013, poor” include those living at less than half the $1.25-a-day
Situation of Urbanisation in Malawi Report. poverty line, and those who eat below 80 percent of their energy
85
UN-Habitat, 2011, Malawi: Lilongwe Urban Profile. requirements despite spending at least 80 percent of their income
86
Ibid. on food. A 2007 IFPRI report defined ultra-poverty as those living
87
Adams, 2018, Thirsty slums in African cities: household water with less than 50 cents a day.
insecurity. 89
World Bank, 2016, Malawi Urbanization Review.
18 / Building Regulatory Capacity Assessment
FIGURE 8: Expansion of Lilongwe Built-up Area, Projected from 2009 to 2030
Source: Adapted from MoLHUD, 2013.
transport networks and land.90 Without the appropriate nearly 40 percent of the city’s total land area (see Table
planning measures, these growing needs can lead to 1).94 Unplanned settlements result from a variety of
higher informality rates and risks in building practices. factors, including: scarcity of serviced land for housing;
limited supply of urban services and infrastructure; lack
Key Vulnerability Factors of affordable housing and housing finance; and, the
lack of Government capacity to manage urbanisation.95
Informal Urbanisation
Malawi’s socio-economic conditions are reflected in Formal and Traditional Land-Tenure Systems
its built environment and its degree of vulnerability. In Provisions included in the Chiefs Act (1967) specify
2017, the estimated proportion of households living that traditional or customary authorities have no
under the international poverty line was 69 percent.91 jurisdiction in urban areas.96 Despite this, customary
The country’s total urban population is projected to law is deeply rooted in land practices, to the extent that
increase to 20 percent by 2030 and reach 30 percent considerable tracts of urban Malawi are, in practice,
in 2050.92 This poses a challenge to the formal managed by chiefs (village headmen or block leaders).97
construction sector’s growth and suggests that, unless A significant amount of the land available for sale within
effectively managed, informal housing alternatives will urban jurisdiction, especially peri-urban areas, remains
remain dominant. controlled under traditional law or by the local chiefs:
Informal construction in urban regions is high. In approximately 10 percent in Blantyre and Lilongwe, 75
Lilongwe, nearly three quarters of the population percent in Mzuzu and 90.5 percent in Zomba.98
is estimated to live in informal settlements.93 These Under customary law, the chiefs or block leaders do not
unplanned areas are densely populated, representing
94
JICA, 2010, The Study on Urban Development Master Plan for
90
MoLHUD, 2013, The Urban Structure Plan of Lilongwe City. Lilongwe, Final Report Summary.
91
World Bank, 2017, Malawi Economic Monitor. 95
UN-Habitat, 2012, Malawi: Lilongwe Urban Profile.
92
World Bank, 2016, Malawi Urbanization Review. 96
World Bank, 2016, Malawi Urbanization Review.
93
http://www.afsun.org/wp-content/uploads/2017/09/AFSUN25. 97
UN-Habitat, 2010.
pdf. 98
Ibid.
Managing Risks for a Safer Built Environment in Malawi / 19
TABLE 1: Breakdown of Residential Land Use, as of August 2009
Language Categories Sub Categories Area (hectares) Percent
Low-density housing 1,338.42 14.4
Medium-density housing 846.48 9.1
High-density permanent housing 346.26 3.7
Residential High-density traditional housing 1,757.27 18.9
Unplanned settlements 3,700.47 39.7
Indigenous village 1,095.73 11.8
Institutional housing 232.01 2.5
Total 9,316.64 100
Source: JICA, 2010, The Study on Urban Development Master Plan for Lilongwe.
sell land; rather, they can act as intermediaries between Quality of Construction and Building Materials
sellers and buyers, be witnesses in land transactions
Critical factors in building performance include the
or preside over land disputes.99 Customary lands are
quality of design, construction practices and materials. In
mainly used for agriculture, but the scarcity of low-
Malawi, the absence of National Building Regulations has
cost land in urban areas has increased their demand
led to unsupervised design and construction practices,
and price for housing and business purposes. Similarly,
with a high number of vulnerable semi-permanent and
the scarcity of low-income housing has forced people
traditional structures susceptible to unhealthy living
from urban areas to get land in unplanned settlements
conditions, damage and collapse.104 In the absence of
where customary practices are in place, limiting their
National Building Regulations, select City Councils
options to obtain formal ownership documents.100
have chosen to regulate within their own jurisdictions,
Building on Hazardous Sites resulting in the absence of a comprehensive and
effective risk mitigation at a national scale.
Informal settlements are often sited on hazard-prone
areas. In Lilongwe, settlements along the Mchesi Some of the most commonly-used local materials
River have reported frequent flooding, with significant include fire-cured bricks, unfired mud bricks, thatch
impacts on the inhabitants. Floods in February 2012, grass, timber and, more recently, stabilised soil blocks.105
for example, resulted in agricultural crops grown along The 2014 Welfare Monitoring Survey showed 66
the river being washed away, houses being destroyed percent of households in rural areas and 15 percent of
and vegetation cover being severely damaged.101 Cities the households in urban areas used grass for thatching
like Lilongwe and Blantyre have struggled to implement their dwellings. Unfired mud bricks were used in 33
land tenure and environmental management policies percent of households as their main wall material, and
and regulations.102 72 percent of flooring was made with smoothed mud
rather than concrete.106 Rammed earth houses, unburnt
A lack of regulations on waste-management and
brick-wall houses and fired-clay brick houses remain at
environmental degradation also have an impact on site
risk, as they are usually built without any horizontal or
safety. Indiscriminate liquid and solid waste discharges
vertical reinforcement. Wall strength is low and roof
dispose into water catchment areas, rivers, forests and
articulations weak, making these typologies extremely
along roads.103
vulnerable to hazards such as earthquakes.107
104
Katsuichiro Goda et al., 2016, Seismic Risk Assessment of Urban
99
UN-Habitat, 2012, Malawi National Building Profile. and Rural Settlements around Lake Malawi.
100
UN-Habitat, 2010, Malawi: Urban Housing Sector Profile. 105
Arup, 2017, Malawi Schools: Low-Cost Prototype Could Be the
101
Lilongwe City Council, 2013, Biodiversity Report 2013. Model for 17,000 New Schools.
102
UN-Habitat, 2012, Malawi National Urban Profile. 106
The Times, 2015, 58% Malawians live in grass-thatched houses.
103
Ibid. 107
World Housing Encyclopaedia, 2014, Reports 45, 46, 205.
20 / Building Regulatory Capacity Assessment
Guidance for these types of buildings is important Malawi’s cities have limited housing options for its
because they make up a large share of the country’s residents, more so for dwellers living in informal or
building stock. unplanned settlements. In Lilongwe, for example,
over 50 percent of the population living in informal
The lack of a strong industrial sector makes Malawi
settlements are estimated to rent their homes.113 This
dependent on imports for essential construction materials,
sub-standard housing in unplanned settlements is
such as steel and cement, which consistently rank
characterised by poor access to public services, tenure
amongst the top annual imports by percentage of total
insecurity and inadequate construction practices.114
expenditure.108 Materials undergo partial quality control
by the Malawi Bureau of Standards (MBS), which ensures The Malawi Housing Corporation (MHC) is one
material compliance with international standards. The Government actor aiming to increase the supply of
MBS has an Imports Quality Monitoring Scheme (IQMS) housing in the country. The MHC, as a statutory body,
that monitors the quality of imported products, ensuring undertakes the development and construction of
they do not cause safety or health hazards to humans or serviced plots and houses for sale or rent. However,
animals or do not damage the environment. Import batch despite owning large areas of land across the country,
certificates are issued to complying consignments, and the MHC has not yet been able to meet the housing
non-complying consignments are denied entry based on targets that it has set. MHC has a waiting list of over
critical nature of the non-conformity.109 85,000.115
In addition, the NCIC ensures that contractors, Housing affordability, even for cheapest newly built
consultants, material manufactures, suppliers and other house, is extremely low: less than one percent of
actors in the construction industry operate within rules Malawians can afford a mortgage to buy an entry-level
set forth in the NCI Act (1996) and codes of ethics house (valued at US$14,000).116 Due to insufficient
(2009). The NCIC publication, ‘Use of Sustainable revenues, construction and mortgage financing are still
Construction Materials Regulations, 2018,’ provides a hard to access for most citizens. This limits the available
new set of regulations aimed at promoting the use of resources to invest in safe construction.
sustainable and environmentally friendly construction
For this reason, affordable housing is mostly informal:
materials. This includes approved, energy-efficient and
even the cheapest formal housing unit can be 57
sustainable technologies.110
times more expensive than a typical informal shelter
Affordable Land and Housing alternative.117 Commercial banks require potential
borrowers to have a monthly salary of at least US$360;
Urban areas suffer the challenge of underdevelopment. considering almost 70 percent of the population live
Malawi’s moderate rate of urbanisation has produced below the poverty line, only the highest income earners
a steady migration from rural to urban areas, mainly to can access formal housing.118
the cities of Lilongwe, Blantyre, Mzuzu and Zomba.111
Approximately 14,000 new working-age migrants have Awareness and Education
arrived in Malawi’s towns and cities each year since The effectiveness of building regulations relies on an
2006. Urban areas have struggled to accommodate inclusive framework that educates a wide range of
in-migrants with adequate housing, infrastructure and stakeholders on the need to develop safe and resilient
services, producing widespread informal solutions in
the built environment.112 The demand for new urban
housing outpaces the supply capacity of developers.
113
Luppen and ActionAid, 2014, Survey of Urban Poor Settlements
in Lilongwe 2014.
114
Ibid.
108
Observatory of Economic Complexity (OEC), 2019, Malawi Data. 115
Foundation, 2019, Political Economy Analysis of Urban
109
Malawi Bureau of Standards, 2019, Imports Quality Monitoring Governance and Management in Malawi: An Updated Version.
Scheme. 116
Ibid.
110
National Construction Industry Council of Malawi (NCIC), 2018, 117
World Bank, 2015, Stocktaking of the Housing Sector in Sub-
Use of Sustainable Construction Materials Regulations. Saharan Africa.
111
UN-Habitat, 2012, Malawi National Urban Profile. 118
Centre for Affordable Housing Finance in Africa, 2016,
112
World Bank, 2016, Malawi Urbanization Review. Understanding Malawi’s Housing Finance Market.
Managing Risks for a Safer Built Environment in Malawi / 21
construction practices. These stakeholders include property stock is estimated in Lilongwe and less than
citizens, building professionals, builders, government one-third is estimated in Blantyre.122 This gap reduces
officials and others linked to the construction City and District Councils’ revenues and limits their
sector. Limited educational and training systems for capacity, including the capacity of planning and urban
construction workers and trades workers (e.g. welders, development departments to oversee safe and resilient
masons and carpenters) contribute to sustained and construction and urbanisation.
entrenched unsafe building practices. Based on a
In turn, the limited financial resources of local
report by the International Labour Organisation (ILO) in
Government and planning jurisdictions weaken the
Malawi, at least 90 percent of the population earn their
implementation and enforcement of basic planning
livelihood in the informal sector.119
strategies. Lack of Council investment also affects the
Most young workers acquire skills through informal engagement of private developers, who are reticent to
apprenticeships, as the formal training system has very provide water connections, new or rehabilitated roads,
limited capacity. Technical and vocational education or electricity distribution.123
and training (TVET) is not accessible to most of the
Excessive bureaucracy and inefficient permitting
population because of unaffordable fees, illiteracy and
processes also act as disincentive for regulatory
disabilities. This perpetuates informal practices.120
compliance.124 Construction permits, for example,
Local Enforcement take nearly 140 days and require at least 10 different
procedures; payments are also made at different stages
Planning authorities in Malawi face the complex
and not consolidated into an integrated process.125 This
challenge of managing and regulating informal growth
context has resulted in “gifting practices” for taxation
with limited resources. The central and local levels of
purposes, Government contracts, building permits and
Government lack systematic and efficient platforms for
electricity supply: 34.5 percent of firms in Malawi are
building regulations and land-use administration. This is
expected to give “gifts” to get a construction permit.126
one underlying driver of unsafe construction.
Local enforcement capacity will be explored in greater
In Lilongwe, the lack of digitalised property taxation detail in Chapter 5.
and revenue collection systems, combined with limited
resource capacity, prevents a sustained collection 122
World Bank,2017, Malawi Urbanization Review.
of revenue by the City Council.121 The institutional 123
Ibid.
124
Transparency International, 2014, Overview of Corruption in
and legal framework regulating property taxation is Malawi.
outdated and insufficient to effectively set realistic 125
World Bank, 2018, Doing Business: Economic Profile Malawi -
This information comes from the “Dealing with Construction
property valuations. Furthermore, the number of
Permitting Indicator.” The methodology includes recording all
registered, taxable properties is underestimated procedures required for a business in the construction industry
in urban jurisdictions: only 45 percent of the real to build a warehouse along with the time and cost to complete
each procedure. A series of standardized parameters have been
set for the warehouse, such as usage, size, necessary road
access (See the Dealing with Construction Permitting Indicator
119
ILO, 2010, A Study on Informal Apprenticeship in Malawi. methodology for more information: http:/ /www.doingbusiness.
120
Ibid. org/en/methodology/dealing-with-construction-permits)
121
UN-Habitat (2011). Malawi: Lilongwe Urban Profile. 126
World Bank, 2014, Enterprise Survey.
Blantyre, Malawi Stock Market. Photo: mtcurado
22 / Building Regulatory Capacity Assessment
Managing Risks for a Safer Built Environment in Malawi / 23
3. National Capacity and
Legislative Framework
T
his chapter examines the national legislation and In recent years, the Government has initiated the
institutions that govern building regulation and development of new National Building Regulations (see
land use in Malawi. It provides an overview of Chapter 4 for a detailed discussion).130 The Department
the legal and institutional framework currently in place, of Buildings, under the MoTPW, is leading this work, in
identifies critical gaps and challenges, and provides coordination with the Department of Housing, under
recommendations. the MoLHUD, and the DoDMA, under the Office of
the President and Cabinet. A task team has also been
formed to oversee this process.131 This activity is being
3.1. Legislative Framework supported by the World Bank-funded Malawi Floods
Emergency Recovery Project (MFERP). These new
3.1.1. Overview National Building Regulations have to be referenced in
national legislation to be legally mandated.
In Malawi, laws have been passed to enable the
regulation of buildings, from their siting through to The Physical Planning Act (2016) lays the foundation
demolition. As part of the Assessment, a review of this for physical planning across Malawi. This Act, with a
legislation was conducted (see Annex 1). date of commencement in April 2018, replaces the
previous legislative framework for physical planning
In terms of building regulations, the country’s largest
which constituted the Town and Country Planning Act
cities currently rely on their own building bylaws. For
(1998) and the Town and Country Planning Standards
example, Malawi’s first bylaws for building regulation
and Guidelines (1987).
were introduced in Lilongwe in 1961.127 They were
based on the then British Building Regulations.128 Mzuzu
and Blantyre more recently updated and finalised their
building bylaws in 2017 and 2018 respectively.129 130
World Bank, 2015, Malawi Emergency Recovery Project Appraisal
Document.
131
Other than the organisations already mentioned, this Task Team
127
JICA, 2010, The Study on Urban Development Master Plan for comprises core participants such as the Department of Disaster
Lilongwe in the Republic of Malawi – Final Report. Management Affairs (DoDMA), National Construction Industry
128
Ibid. Council of Malawi (NCIC), Malawi Institute of Architects (MIA),
129
BRCA desk research, November 2018. Malawi Institution of Engineers (MIE) and Malawi Polytechnic.
24 / Building Regulatory Capacity Assessment
Over the last few decades, the Government of Malawi (i.e. ventilation) in the work place. City-level building
has led a sustained reform of land-related laws. This bylaws, such as the 1961 Lilongwe Building bylaws,
has resulted in a comprehensive legal framework for also include fire prevention provisions for public and
the management of land across Malawi. This process private buildings, including regulations for materials and
was initiated by a Presidential Commission on Land structural elements. However, these are not consistent
Reform in 1996. In 2002, the Malawi National Land and applicable across the country. (These regulations
Policy was approved, and the following year a Special are discussed in detail in Chapter 4.)
Land Commission was constituted to examine all
Malawi has also taken steps to govern the practices
land-related laws.132 The recommendations of the
of engineering, architecture, quantity surveying,
Commission culminated in the passage of four pieces
construction and physical planning. In 1971,
of legislation, these include the Physical Planning Act
Malawi started to mandate registration and proof of
(2016),133 the Customary Land Act (2016), the Land
qualification for engineers through the Engineering Act
Act (2016) and the Registered Land (Amendment) Act
(1971). Similar legislation was established for architects
(2017).
and quantity surveyors, through the Architects and
The Customary Land Act (2016), the Land Act (2016) Quantity Surveyors Act (1992) and for construction
and the Physical Planning Act (2016) are already under workers and contractors through the National
implementation. The Physical Planning Act is a critical Construction Industry Act (1996). More recently, the
piece of legislation; it declares the whole of Malawi as Physical Planning Act (2016) established provisions for
a planning area and includes provisions for national the creation of a Physical Planners Board to register
and local development planning and for granting and regulate physical planners across the country.
development permits.
Several other statutes have a bearing on the built
Laws also are in place to address fire safety in the environment in Malawi (see Figure 9). Annex 1 provides
built environment. The Occupational Safety, Health a detailed mapping of how specific components of
and Welfare Act (1997) includes provisions for these legal and regulatory instruments relate to the
fire preparedness (i.e. evacuation routes and fire different steps of the building cycle in Malawi.
extinguishers) and some provisions for fire prevention
132
Cities Alliance, 2013, Land Administration in Malawi, Presentation
at the Urban Landmark Workshop in Lilongwe.
133
Ibid.
Managing Risks for a Safer Built Environment in Malawi / 25
FIGURE 9: Legal Mapping of Malawi ’s Building and Development Control
LIFE-CYCLE
BUILDING
MODIFICATIONS
USE &
SITING DESIGN CONSTRUCTION & CHANGE DECOMMISSION
MAINTENANCE OF USE
02 01 12 02 15 02 02 12
03 02 16 03 16 05 09 18
05 04 17 10 18 06 12
FRAMEWORK
LEGAL
10 06 18 06 20 09 16
11 07 12 16 18
18 08 13 20
19 09 14
The Bylaws of Building Standards of Lilongwe City, 1961
The Physical Planning Act, 2016
Nr. Name Nr. Name
01 The Architects and Quantity Surveyor Act, 1992 11 The Lilongwe Urban Development Master Plan, 2010
02 The By-Laws of Building Standards of Lilongwe, 1961 12 The Monuments and Relics Act, 1991
03 The Customary Land Act, 2016 13 The National Construction Industry Act, 1995
04 The Disability Act, 2012 14 The National Construction Industry (application fees)
Regulations, 1998
05 The Disaster Risk Management Act, 2017 15 The National Construction Industry (fees and forms)
Regulations, 1998
06 The Electricity Act, 2004 (Electricity Amendment Act, 16 The Occupational Safety, Health and Welfare Act, 1997
2006)
07 The Electricity Bylaws, 2012 17 The Public Health (Minimum building standards for
traditional housing areas) Rule, 1997
08 The Engineers Act, 1972 18 The Physical Planning Act, 2016
09 The Environmental Management Act, 1996 19 The Public Roads Act, 1962
10 The Land Act, 2016 20 The Tourism and Hotels (Minimum Standards) Regulations,
2005
* The Bylaws of Building Standards of Lilongwe (1961) are only applicable to Lilongwe and not across Malawi.
Source: BRCA Analysis, 2018.
26 / Building Regulatory Capacity Assessment
3.1.2. Main Challenges Identified mitigation and social inclusion objectives (i.e.
accessibility and usability for persons with disabilities).
Overarching National Building Legislation
■■ Define the roles and responsibilities of national and
The foundation of a building regulatory framework local Government institutions for building control.
is best supported by overarching national legislation
which defines the roles and responsibilities of national ■■ Mandate inspections to ensure building officials will
and local institutions to regulate buildings and principles be called upon to carry out inspections at key stages,
for enforcement. To date, the Government of Malawi systematically prioritizing high-risk buildings.
has not promulgated national building legislation. ■■ Outline penalties and sanctions for non-compliance
The absence of national building legislation weakens with provisions for appeal mechanisms.
the basis for Government authorities to undertake
formal enforcement and apply sanctions for violations ■■ Define the registration, certification and continuing
for unsafe building practices. The Department of education requirements for building regulators and
Buildings (MoTPW) and the Department of Housing building professionals.
(MoLHUD) recognise the importance of developing In countries where there is a high prevalence of informal
this legislation and have initiated the development settlements, it is also advisable for national building
of the Buildings Control and Development Bill. At the legislation to provide guidance or provisions for how
time of finalising this report, the Bill is in the early the national and Local Councils should manage informal
stages of drafting.134 settlements. For example, the Building Act of Jamaica,
In parallel, the Department of Buildings is also in the establishes provisions for the regulation of a new
process of drafting a Buildings Policy. This Buildings category of previously unregistered and unregulated
Policy will outline broad principles for the cabinet to (informal) builders (see Box 1 for more details).
review and endorse.135 This policy could then serve as
a basis for the development of the new Buildings and
Development Control Bill.
As per international best practice, national building BOX 1: Building Practitioners in the Jamaica
legislation should legally mandate the enforcement of Building Act (2017)
up-to-date building regulations and outline a process The Building Act of Jamaica establishes a new
for future maintenance and update. In many other category of previously unregistered and unregulated
Common Law countries, building regulations have the (informal) builders: building practitioners. Under the
legal status of a subsidiary regulation. This dual approach Building Act, building practitioners are restricted to
to building regulation, combining a host national construct non-complex buildings of less than 300
legislation and separate building regulations, has the square metres. Such structures are assumed to
advantage of allowing frequent technical revisions of include primarily residential and small commercial
the code without having to seek Parliamentary approval. buildings. The majority of such buildings have not
This dual approach enables the code to be updated in previously been subject to regulatory review or
line with advances in building science and technology inspection. This provision is an important extension
as well as in the dynamic context of a changing climate. of the benefits of building standards to the informal
In addition, international best practice dictates that building sector.
national building legislation should: Building practitioners have the opportunity to
■■ Define the broader objectives of building control, register formally and receive a licence under the
including its link to climate change adaptation, purview of a newly formed Building Practitioners
Board. The Building Practitioners Board decides
upon the qualifications for registration and licensing.
134`
BRCA Analysis, February 2019.
135
Ibid.
Managing Risks for a Safer Built Environment in Malawi / 27
The development and passage of national building With the passage of the Physical Planning Act the
legislation would significantly strengthen Malawi’s MoLHUD should consider developing guidelines to
building regulatory framework. support Local Councils in the development of their
physical plans. The guidance materials would provide
Overarching National Physical Planning an opportunity for the MoLHUD to ensure that hazard
Legislation maps are integrated into district and local physical
The Physical Planning Act (2016) is critically important. development plans. The MoLHUD could draw from the
Implementation of the Act began in April 2018. experience of Kenya.
Some of the Physical Planning Act’s key features and In Kenya, the Ministry of Lands and Physical Planning
innovations include: (MoLPP) is developing County Planning Guidelines.
■■ Provisions and guidance to prepare and implement The MoLPP plans to provide technical assistance to
physical development plans at the national, district counties to support the development of spatial plans.
and local level. It also plans to scale support to counties incrementally.
In 2018, the Ministry aimed to support eight counties
■■ The introduction of new prominent planning with the development of their spatial plans and a
institutions, including the (i) Physical Planning Advice further fifteen counties in 2019.139
Council, intended to resolve disputes and provide
advice and guidance on planning policies, standards Overarching Legislation for Fire Safety
and national development plans (ii) and the Physical
Malawi does not have an overarching framework
Planning Board, intended to register and regulate
to mitigate the risk of fire. A fire risk mitigation
physical planners across the country.
framework is generally composed of a policy, an act
■■ Provisions for “buildings of a traditional nature.” and nationwide technical building provisions for fire
These vernacular housing structures must comply prevention and preparedness. Generally, building
with basic health and safety regulations and bylaws in major Malawian cities integrate select fire
guidelines136 but beyond this will be largely exempt prevention specifications; however, these do not fully
from formal planning standard requirements. reflect an up-to-date understanding of fire and building
science or disaster risk (see Chapter 5 for an in-depth
However, one limitation of the Act is that it does
discussion). Elements of fire-resilient construction are
not reference the need to integrate hazard maps
outlined in the National Construction Industry Policy
into national, district or local physical development
(2015) but are not yet law.
plans. Risk-sensitive land-use planning provides an
opportunity to avoid settlements being built on land The development and passage of fire risk mitigation
most vulnerable to natural hazards (i.e. flood plains and legislation would strengthen Malawi’s building
areas prone to landslides). As discussed in Chapter 2, regulatory framework. As per international best
building in these areas leaves the residents and assets practice, fire risk mitigation legislation should:
at risk. That being said, the language in the Act is
■■ Establish clear roles and responsibilities for fire
open and does leave the option for the Commissioner
response and prevention activities at the national
for Physical Planning137 to request the inclusion of
and local level.
additional materials and inputs in both district and local
physical development plans.138 ■■ Mandate the preparation and implementation of
integrated fire risk management plans at all levels
136
These basic health and safety rules are defined in the “Public and sectors.
health (Minimum buildings standards for traditional housing areas)
rules” of 1971 and some other are also part of the Safe Buildings
guidelines. These rules are also mentioned in the physical planning 2018) See Clause 29 (1) (f) p12 – in reference to District Physical
Act Section 43(2)c. Development Plans – Clause 34 (2) p 13 – in reference to Local
137
A new position created under the Physical Planning Act (2016). Physical Development Plans.
138
Government of Malawi, Physical Planning Act, 2016 (Date of 139
World Bank, 2019, Kenya Building Regulatory Capacity
promulgation, September 2016, Date of commencement April Assessment Analysis.
28 / Building Regulatory Capacity Assessment
■■ Establish registration requirements, a code of has responsibility for developing new National
conduct and responsibilities for fire engineers, fire Building Regulations as well as supporting legislation
officers, firefighters and lead agencies. in the form of a building act.143 In practice, given the
challenge of limited human resources in the Central
As a point of comparison, in Kenya, the Government
Government, the development of the National Building
has identified fire safety in the built environment as
Regulations will be a collaborative process between the
a priority area and developed a comprehensive Fire
Department of Buildings, the Department of Housing
Safety Management Policy (2011).140 The Policy sets
at the MoLHUD and the DoDMA at the Office of the
an ambitious legal and institutional reform agenda,
President and Cabinet.144
including the passage of a Fire Safety Act and the
establishment of a national regulatory body, the Kenya As noted above, the Department of Buildings
Fire Safety Agency. While the implementation of is responsible for overseeing the development
the measures proposed in the Policy have yet to be and maintenance of public infrastructure. This
initiated, the Policy provides a valuable example. includes conducting site inspections during and
after construction.145 The Department provides
architectural, mechanical and electrical buildings
3.2 Institutional Framework services, surveying, landscaping, and structural and civil
engineering services.146 The capacity of the Department
3.2.1. Overview for some of these functions will be discussed later in
the chapter. The Department of Buildings also has
In Malawi, several national institutions govern and
some capacity for materials testing at the laboratory of
oversee the built environment, from the development
the MoTPW. These laboratories are reserved for testing
of building and land-use regulations to the registration
materials for public infrastructure and facilities.147
of construction workers. This section provides an
overview of the roles and responsibilities of key national
Ministry of Lands, Housing and Urban
institutions, highlights some of the challenges and
Development
limitations and provides targeted recommendations.
The MoLHUD is responsible for several functions
Ministry of Transport and Public Works related to the management of the built environment.
The ministry is responsible for providing policy direction,
The MoTPW has a broad mandate as the steward of
national standards and coordination for matters
Malawi’s public infrastructure development programs
concerning land, housing and urban development. For
and related activities.141 This includes ensuring the
example, the Ministry is responsible for overseeing
provision of effective and sustainable transport systems,
national, district and local physical development plans;
developing large-scale infrastructure and procuring
land registration; national land surveying and mapping;
policies and regulations on the built environment.
and providing technical assistance to local Governments
A department with a key role in regulating the built
in these areas.148 The MoLHUD’s mandate is outlined
environment is the Department of Buildings.
in various statutes, including the Land Act (2016) and
Department of Buildings (MoTPW) the Physical Planning Act (2016).149
The Department of Buildings is responsible for the
procurement and maintenance of public infrastructure
and for providing policy direction and regulations for
the built environment.142 As such, the Department 143
Ibid.
144
Ibid.
145
Ibid.
140
Government of Kenya, 2011, Fire Safety Management Policy. 146
MoTPW, 2017, Buildings Department Strategic Plan 2017-2022.
141
Ministry of Transport and Public Works (MoTPW), 2017, Buildings 147
Ibid.
Department Strategic Plan 2017-2022. 148
Ministry of Lands Housing and Urban Development (MoLHUD),
142
BRCA Interview, February 2018, Representatives of the Building 2018, About Us.
Department (MoTPW) and the Housing Department (MoLHUD). 149
BRCA Legislative Review, February 2018.
Managing Risks for a Safer Built Environment in Malawi / 29
As noted above, the Ministry has an important role in types and river catchments). To support this work, the
defining the legislative framework and regulations for DoS has also created the Malawi Geographic Information
physical planning and land management. The Ministry, Council (MAGIC), although it is not yet functional. DoS
for example, led the development of the Physical plans to request resources for MAGIC in the 2019
Planning Act (2016), including the consultation process annual budget.157 The development and integration of
and drafting of supporting regulations.150 hazard maps into building and land use regulations is an
important input into a resilient built environment.
Department of Housing (MoLHUD)
Department of Physical Planning (MoLHUD)
The Department of Housing is responsible for
facilitating affordable, safe and secure housing for all The Department of Physical Planning is responsible
income groups. The Department is responsible for a for preparing and reviewing national, district and
broad range of activities, from managing urban renewal local (urban and rural) physical development plans.
and informal settlement to running home ownership The department provides technical assistance to local
schemes.151 In terms of building and land-use regulation, government for the development of their development
the Department was instrumental in developing the plans. Furthermore, for areas without a physical
Safer Housing Guidelines. It is also playing a key role on development plan—this currently includes most rural
the task team for the development of National Building areas—the Physical Planning Department is responsible
Regulations.152 for processing development permit applications.
Applicants must submit their application to the regional
Department of Surveys (MoLHUD) office of the MoLHUD. For planned areas, the Local
The Department of Surveys (DoS) is responsible Council is responsible for administering development
for land surveying and mapping in Malawi.153 Its permits.158
mission is to make accurate, up-to-date and reliable
Department of Lands (MoLHUD)
geospatial information (including hazard maps) readily
accessible.154 The Department provides surveying and The Department of Lands is responsible for the
mapping services to the public and private sector and management of land and land based resources. Its
is responsible for providing guidance on spatial data services include providing land policy directions,
generation and dissemination. managing land registration, land allocation and
resettlement. Land ownership and registration is
To coordinate geospatial activities, the DoS formed
an important requisite for obtaining a development
the National Spatial Data Centre (NSDC). The NSDC
permit. Security of tenure is also considered essential to
coordinates the acquisition and sharing of geo-
motivate investment in sustainable and safe housing.159
information and assists in developing the National
Spatial Data Infrastructure (NSDI).155 To support this Department of Urban Development (MoLHUD)
agenda, the NSDC launched the Malawi Spatial Data
The Department of Urban Development is responsible
Platform (MASDAP),156 an online GIS portal used to
for providing an enabling policy and institutional
share and manage spatial data (e.g. elevation data, soil
environment for urban development. The department
150
BRCA Interview, February 2018, Representatives of the Building
has an important role in creating policies to improve
Department (MoTPW) and the Housing Department (MoLHUD). the capacity of local authorities for physical planning,
151
MoLHUD, 2018, Housing and Urban Development. to promote sustainable and resilient cities and support
152
BRCA Interview, February 2018, Representatives of the Building
Department (MoTPW) and the Housing Department (MoLHUD). economic development and local job creation.160
153
Based on the Land Survey Act chapter 59:03 of the Laws of Malawi
and some sections of the Registered Land Act chapter 58;01, the
Adjudication of Titles Act chapter 58:03 and Customary Land
(Development) Act chapter 59:01. 157
BRCA Interview, November 2018, Geological Survey Department.
154
Ministry of Lands Housing and Urban Development (MoLHUD), 158
BRCA Interview, February 2018, Representatives of the Building
2018, About Us. Department (MoTPW) and the Housing Department (MoLHUD)
155
Ibid. 159
MoLHUD, 2019, Lands Department.
156
Malawi Spatial Data Platform (MASDAP), 2019, Web-page. 160
MoLHUD, 2019, Urban Development Department.
30 / Building Regulatory Capacity Assessment
Ministry of Natural Resources, Energy and lime, electrical safety, timber products and iron and
Environment steel products).
The MoNREE provides policy guidance and The MBS also has a Quality Assurance Department
coordination on Malawi’s natural resources, energy and a Testing Department, although its testing capacity
and environmental management.161 The following for building materials and products is limited.167 For
departments have a role in enabling the regulation of example, neither the MBS nor the Malawi Energy
buildings. Regulatory Authority168 has the capacity to test
electrical wires and cables.169
Department of Environmental Affairs (MoNREE)
In terms of managing the built environment, the Malawi National Construction Industry
Ministry’s Department of Environmental Affairs Council
issues Environmental Impact Assessments (EIAs) The NCIC regulates and promotes the construction
during the building design process. The Department industry in Malawi by registering firms, construction
of Environmental Affairs is also tasked with reviewing workers, contractors and construction materials
applications for certain land-use modifications.162 suppliers. Since its establishment in 1996, the NCIC has
registered professional firms and individuals in different
Geological Survey Department (MoNREE)
categories.170 It currently lists over 400 members in its
The Geological Survey Department has important directory.171
expertise in the mapping of earthquake- and landslide-
NCIC carries out inspections on projects, verifying that
prone areas (particularly in the Karonga, Michesi and
contractors and consultants are registered and that
Zomba Mountains).163 These geologic maps constitute
they are operating within their authorised capacity.172
an important input into the development of risk-
As per the NCIC Act (1996), the NCIC can impose a
informed National Building Regulations.
fine and issue warrants for arrest when they identify
non-compliance.173
Malawi Bureau of Standards
The Malawi Bureau of Standards (MBS) is a statutory The NCIC also plays a broader role in supporting
organisation established in 1972 by an Act of the development of national policies, legislation and
Parliament.164 Its mandate is to promote metrology, standards related to the construction sector. The
standardisation and quality assurance of commodities, NCIC, for example, works as a liaison with multiple
including their manufacture, production, processing stakeholders in the sector to identify building standards
and treatment.165 that need to be developed and those that need to be
further promoted to encourage compliance.174 As a
In terms of building regulation, the MBS is responsible
result of this initiative, in coordination with the MBS,
for setting construction standards. The Standards Act
(1972) includes a list of relevant standards that the
Bureau is responsible for maintaining.166 The MBS has 167
BRCA Interview, February 2018, Representatives from the Malawi
previously established technical committees to develop Bureau of Standards.
standards, including in areas relevant to construction
168
This authority regulates companies that install electric and fire
prevention systems. It is not currently equipped with testing
(e.g. pipes and fittings, bricks and tiles, cement and laboratories.
169
BRCA Interview, February 2018, Representatives from the Malawi
Bureau of Standards.
161
Ministry of Natural Resources, Energy and Environment, 2018, 170
NCIC regulates contractors in different categories based on their
Strategic Objectives. demonstrated capacity to carry out construction works and on
162
BRCA Interview, February 2018, Representatives of the Building the financial value of the project (see http://ncic.mw/membership/
Department (MoTPW) and the Housing Department (MoLHUD). learn-about-membership/).
163
UNDP, 2012, Current Hazard Mapping Capacity and Effectiveness 171
NCIC, 2018, Membership Directory.
Of Scenario Based Tools for Long Term Planning Mechanisms. 172
National Construction Industry Council, 2018, Organization
164
Cap 51:02. Overview.
165
MBS, 2018, Organizational Profile 173
Section 11(s) of the NCIC Act of 1996.
166
The Malawi Bureau of Standards Act (1972). 174
National Construction Industry Council, 2018, Our Services.
Managing Risks for a Safer Built Environment in Malawi / 31
a code of practice for design loadings for buildings was develop housing and plots; MHC is a major national
created in 2010.175 land administrator and oversees large-scale building
development.176
Additional National-level Institutions
Figure 10 maps the institutions directly involved in
There are several other institutions with a role in Malawi’s building development and control process and
building and land use regulation that have not been Table 2 provides a summary of their roles. Lilongwe City
listed above. For example, the Operational Safety and Council has been included in the institutional mapping
Health Directorate (OSHD) and the Malawi Housing to highlight the interaction between national and local
Corporation, among others. The OSHD inspects council departments at different stages. Annex 1
construction sites to ensure compliance with minimum provides further details of their responsibilities across
standards of safety. The Malawi Housing Corporation the steps of the building cycle.
(MHC) is mandated to construct, maintain and
FIGURE 10: Institutional Mapping of Malawi’s Building and Development Control Process
LIFE-CYCLE
BUILDING
MODIFICATIONS
USE &
SITING DESIGN CONSTRUCTION & CHANGE DEMOLITION
MAINTENANCE OF USE
Lilongwe City Ministry of Directorate of Directorate of Ministry of Ministry of Lands
Council Lands, Housing Occupational Occupational Lands, Housing and Physical
Town Plananing and Urban Safety and Health Safety and Health and Urban Plannung
Section Development Department Department Development Department of
Department of of Project of Project Department of Survey
Survey Registration Registration Survey
Lilongwe City
Ministry of Natural Council Ministry of Natural Lilongwe City
RELEVANT INSTITUTIONS INVOLVED
Resources, Energy Building Inspection Resources, Energy Council
and Environment and Environment Development
Department of Department of Control Section
Environmental Lilongwe City Environmental
Affairs Council Affairs
T&P Technical
Sub-committee
Lilongwe City Lilongwe City
Council Council
Development Lilongwe City Development
Control Section Council Control Section
Lilongwe Fire
Brigade
Lilongwe City
Council
T&P Technical
Sub-committee
Lilongwe City
Council
T&P-committee
Centre for Affordable Housing in Africa (2016). Understanding
176
175
Ibid. Housing Finance Markets in Malawi.
32 / Building Regulatory Capacity Assessment
TABLE 2: Summary of National Institutional Roles and Responsibilities for Building Development Control
Institution Building Development Control Role
Ministry of ■■ Procure and maintain public infrastructure.
Transport and ■■ Develop legislation on the built environment.
Public Works ■■ Oversee inspections and material testing for public infrastructure projects.
■■ Oversee national urban and land-use planning.
Ministry of Lands, ■■ Register land.
Housing and Urban
■■ Produce and distribute land surveys and maps.
Development
■■ Provide technical assistance and capacity building for counties on physical planning and housing.
Ministry of Natural ■■ Review environmental land-use guidelines.
Resources, Energy ■■ Approve Environment Impact Assessment (EIA) for new building projects.
and Environment ■■ Inspect certain building sites to check that the project is EIA licenced.
Directorate of ■■ Ensure registration of new workplace building projects.
Occupational ■■ Inspect construction sites to ensure workers’ safety.
Safety and Health ■■ Approve safety measures in building plans.
■■ Register building contractors and construction workers.
Malawi National ■■ Register building projects.
Construction
■■ Register material suppliers.
Industry Council
■■ Inspect building sites to ensure the presence of NCIC registered contractors and construction workers.
Malawi Bureau of ■■ Develop and promote construction standards
Standards ■■ Test and approve building materials
■■ Develop and implement local land-use and physical development plans.
■■ Conduct plan review, site inspection, inspections (during and after construction) and issue construction
Local Councils *
and occupancy certificates.
■■ Coordinate specialised plan review and inspections (i.e. fire safety and health).
* “Local Councils” has been added as a point of comparison.
Source: World Bank, 2018, BRCA Analysis in Malawi.
3.2.2. Main Challenges Identified Decentralisation Policy (1998) and the Physical Planning
Act (2016).
National Support for Local Implementation
of Building and Land-Use Regulations Physical Planning
The MoLHUD and the MoTPW lack sufficient capacity
As noted earlier in the report, through the
and human resources to provide technical advice and
decentralisation process, the Department of Physical
advisory services to Local Councils to guide development
Planning at the MoLHUD handed over some of
and building control processes. A lack of Government staff
its planning and development control functions to
and resources is in no way unique to Malawi. However,
Local Councils with a view to improve efficiency and
it does raise concerns over how central authorities can
service delivery.178 Subsequently, the MoLHUD’s role
support a gradual and effective process of decentralisation
was reformed to include oversight of local planning
of development and building regulatory functions to local
authorities, including the provision of guidance and
Government in a manner consistent with the provisions
support.179
of the Local Government Act (1998),177 the National
Stakeholders from the Department of Physical Planning
reported that the Department has limited capacity
The Second Schedule of the Local Government Act (1998)
177
assigns a wide range of functions to both urban and rural local
Governments, including development planning, physical and land-
use planning as well as regulations and control of building and 178
Government of Malawi, 1998, Local Government Act.
construction. 179
MoLHUD, 2019, Departments.
Managing Risks for a Safer Built Environment in Malawi / 33
to provide technical assistance to Local Councils and and guidance to local fire brigades; monitoring local
monitor compliance to rules and procedures.180 compliance to rules and procedures; coordinating
the training and certification of fire inspectors and
Building Development Control engineers across the country; and, defining the
Local Councils are also responsible for administering legislative framework for fire prevention.188 Given the
building regulations.181 There is currently no centralised importance of fire regulation within the building control
monitoring of, or support for, local building authorities process, the Department of Buildings should determine
conducting these activities.182 Stakeholders from the whether the planned Building Regulation Division can
Department of Buildings at the MoTPW reported that take on this responsibility.
this is a barrier to effective building control and noted Specialised Plan Review and Inspections
that their Architecture and Structural Engineering
As outlined earlier in the chapter, several national-level
Divisions currently have no staff assigned to this role.183
institutions have a role in the oversight of buildings
This is partly due to the Department’s staffing levels:
and/or construction sites that meet certain criteria.
the Department has four registered architects and one
These institutions include the Department of
registered engineer to cover the country.184
Environmental Affairs at the MoNREE, the Department
The Department of Buildings plans to address this of Buildings at the MoTPW, the Occupational Health
challenge by introducing a Building Regulation Division and Safety Directorate at the Ministry of Labour and the
to provide technical assistance and advisory services National Construction Industry Council.189 However,
to local Councils, coordination and development of several of these institutions have limited human and
National Building Regulations and research on building financial resources to conduct these roles consistently
materials. The Department of Buildings recently and systematically.190
initiated a functional review to determine the necessary
For example, the Occupational Safety and Health
human resources to support this function.185
Directorate has a mandate to inspect all work places
Fire Prevention (including construction sites) to ensure compliance
with minimum health and safety standards.191 However,
Local Councils are responsible for providing fire
the Department operates with only 13 inspectors.192
services, including fire prevention.186 In Lilongwe,
The Principal Occupational Safety and Health Officer
for example, this function sits within the Lilongwe
estimates that the Directorate is operating at less than
Fire Brigade.187 As per international best practice,
50 percent the required capacity.193 The Directorate
an important component of fire prevention includes
is also lacking equipment, including vehicles for their
specialised building plan reviews and inspections by
inspectors.194 As a result, the Principal Occupational
qualified fire inspectors. The capacity of local Councils
Safety and Health Officer estimated that inspectors
to conduct this function will be discussed in Chapter 5
reach approximately 60 percent of workplaces.195
of this report.
Similarly, the NCIC carries out inspections on
At the level of the Central Government, there is currently
construction sites to ensure the firms, contractors
no ministry responsible for coordinating fire prevention
and construction workers and material suppliers are
activities, including: providing technical assistance
188
Ibid.
180
BRCA Interview, February 2018, Representatives of the Building 189
BRCA Interview, February 2018, Building Department, MoTPW.
Department (MoTPW) and the Housing and Urban Development 190
BRCA Interview, February 2018, Registration Officer
Department (MoLHUD). (NCIC), Principal Occupational Safety Health Officer (MoL),
181
Government of Malawi, 1998, Local Government Act. Representatives from the Department of Buildings (MoTPW).
182
Ibid. 191
Government of Malawi, 1997, Occupational Safety Act.
183
Ibid. 192
BRCA Interview, February 2018, Principal Occupational Health
184
Ibid. and Safety Officer, OSHD.
185
BRCA Interview, February 2018, Buildings Department, MoTPW. 193
Ibid.
186
Government of Malawi, 1998, Local Government Act. 194
Ibid.
187
BRCA Interview, February 2018, Lilongwe Chief Fire Officer. 195
Ibid.
34 / Building Regulatory Capacity Assessment
registered. It currently has six officers nationally (four in The MBS has a Quality Assurance Department and
Lilongwe, one in Mzuzu and one in Blantyre). a Testing Department and is currently investing in a
significant state-of-the-art laboratory with funding
Penalties for non-compliance do exist, however,
support from the EU.201 About 300 new staff are
they are rarely enforced. The NCIC Act (1996) and
expected to be recruited by the MBS, thus considerably
Occupational Safety Act (1997) outline the respective
extending the capacity of the Headquarters in
penalties that the NCIC and OHS Directorate can apply
Blantyre.202 However, this additional capacity will focus
to prescribed violations. For example, as per the NCIC
on testing food products.203 There is no plan to expand
Regulations, finalised in 2018, the NCIC reserves the
the capacity of MBS to certify the quality of building
right to suspend any works or activities being carried
products and testing materials.204
out in contravention to the NCIC Act. The NCIC has
a mandate to impose a penalty or a two-year term of Testing Soil
imprisonment for non-compliance.196
Soil tests are the first step in construction planning.
National Capacity for Testing Soil Samples, They determine the soil’s suitability for the proposed
Building Products and Building Materials construction work and are critically important to
Testing Building Products and Materials building safety. The capacity for lab and field soil tests
is a challenge in Malawi.
Uniform and certified performance criteria for building
materials are essential for the design and construction Several institutions have soil testing facilities but focus
of safe buildings. Quality control for building materials on providing public sector services.
requires standards test facilities and laboratories to ■■ The Department of Buildings has some capacity
certify materials such as cement, aggregate cement at the materials testing laboratory of the MoTPW;
masonry units and steel. Beyond a necessary focus these resources cover public infrastructure and
on safety, durability and structural integrity, a facilities, not private buildings.205
testing capacity should be utilized for the purpose
of supporting climate smart materials and innovative ■■ The Geological Survey Department also has some
solutions to promote affordable energy-conserving soil testing laboratories; these laboratories are
building materials and products. undergoing maintenance work.206
However, currently the MBS has limited capacity ■■ The Agricultural Research and Extension Trust
to conduct certain types of tests, including more (ARET) have soil testing facilities; these facilities are
specialised tests such as those for particular types of primarily used for tobacco growth research: ARET’s
cement and non-destructive testing.197 Furthermore, activities are sanctioned and funded by tobacco
neither the MBS nor the Malawi Energy Regulatory growers.207
Authority198 have the capacity to test electrical ■■ The Polytechnic University of Malawi, Department
wires and cables.199 This is despite increasing risks of Civil Engineering, based in Blantyre, has some soil
associated with the large-scale imports of unsafe sub- testing capacity and can conduct tests for a set fee
standard electrical wires and cables by the Malawian (see Annex 2 for details of available tests).
construction industry.200
201
Malawi Bureau of Standards, 2018, Standardisation Quality
Assurance, Accreditation and Metrology (SQAM) Project.
196
NCIC, 2018, Compliance Regulations Amended. 202
BRCA Interview, February 2018, Representatives from the Malawi
197
BRCA Interview, February 2018, Representatives from the Malawi Bureau of Standards.
Bureau of Standards. 203
Malawi Bureau of Standards, 2018, Standardisation Quality
198
This authority regulates companies that install electric and fire- Assurance, Accreditation and Metrology (SQAM) Project.
prevention systems. It is not currently equipped with testing 204
Ibid.
laboratories. 205
Ibid.
199
BRCA Interview, February 2018, Representatives of the Building 206
BRCA Desk Research, Previous Permanent Secretary and Director
Department (MoTPW) and the Housing Department (MoLHUD). of the Geological Surveys Department.
200
Ibid. 207
Agricultural Trust Research and Extension Trust, 2019, Webpage.
Managing Risks for a Safer Built Environment in Malawi / 35
Overall, private builders have limited options to meet vulnerability maps. For example, through a GFDRR-
the requirements for soil quality outlined in the local funded project, Risk Engineering and Design (RED)
bylaws. and Evaluación de Riesgos Naturales (ERN) developed
peak ground acceleration maps for a 500-year return
Responsibilities and Capacity for
period.210 These maps were computed considering local
Developing and Sharing Hazard Maps
soil effects. The objective was to provide an estimate
Hazard and risk assessments are the foundation of
of future earthquake risk for Malawi through the year
emergency preparedness and risk reduction planning.
2050.
In line with this agenda, the MDG III promotes
the development of comprehensive disaster risk Further, in 2015, the Government of Malawi developed
assessments and hazard maps for Malawi and the the National Hazards and Vulnerability Atlas. This project
integration of this data into risk-informed development was led by the DoDMA and received support from the
planning: United States (US) National Aeronautical and Space
Administration (NASA), US Agency for International
“… enhancing risks knowledge at all levels from household,
Development (USAID), United Nations Development
community, district to national level [by] undertaking
Programme (UNDP), Regional Centre for Mapping of
comprehensive disaster risk assessments and mapping
Resources for Development (RCMRD), World Bank
covering all sectors and disseminating the results to
Group and other Government and non-Government
enhance risk-informed development planning.”208
agencies.211 The Atlas includes a geographic information
Adequate hazard mapping for reference in the National system (GIS), web-based, hazard modelling tool that
Building Regulations and local development plans is an shows the vulnerability, exposure, adaptive capacity
integral part of the regulatory regime for disaster risk and sensitivity of Malawi to hazards, including drought,
reduction. Given the hazard profile of Malawi, flood forest fires and riverine floods.
plain maps, peak-ground accelerations, seismic maps,
While the Atlas provides a valuable platform for
landslide maps and volcanic maps should be referenced
assessing hazard vulnerability across Malawi, it is
and integrated into the National Building Regulations.
limited as a reference for building regulations.
Chapter 4 details how these hazard maps should be
integrated. This Assessment identified three main challenges
related to hazard mapping:
Different agencies and departments within the
Government develop different hazard maps. For ■■ Quality and comprehensiveness of hazard maps: The
example, the Geologic Survey Department has existing hazard maps: (i) are often developed for
developed seismic maps and landslide maps for particular districts and are not available for the whole
certain areas of Malawi, particularly in the areas of country;212 (ii) do not follow a set methodology so
Karonga, Michesi and the Zomba Mountains.209 While are difficult to compare/overlay;213 (iii) are not always
the Department of Water Management (Ministry of at an appropriate scale to be a useful reference
Irrigation and Water Development) is responsible for document in building and land-use regulations;214
the development of flood maps. The Department and (iv) are in the process of being transferred from
of Survey (MoLHUD) and Department of Disaster analogue to digital format.215
Management Affairs (DoDMA) have a key role in
coordinating disaster risk assessments and hazard 210
For further details, see: Project Description By RED.
maps. 211
http://tools.rcmrd.org/vulnerabilitytool/.
212
For example, high-quality flood maps were developed for 2
The Government of Malawi also has received out of 28 districts in Malawi. These flood maps were developed
by the company Atkins and are available to download on the
international support to develop hazard and Malawi Spatial Data Portal (MASDAP): http:/ /www.masdap.mw/
maps/213.
213
BRCA Interview, February 2018, Land Survey Department.
Section 7.2 Disaster Risk Management and Social Support.
208 214
BRCA analysis.
UNDP, 2012, Current hazard mapping capacity and effectiveness
209 215
UNDP Malawi, 2012, Current hazard mapping capacity and
of scenario based tools for long term planning mechanisms. effectiveness of scenario-based tools for long-term planning
36 / Building Regulatory Capacity Assessment
Further research is required to identify high-quality extent to which maps can be integrated and overlaid
hazard maps to reference in the National Building in a GIS system.
Regulations (under development) and the National
■■ Geodetic network: A geodetic control is essential
Physical Development Plan. The firm working with
to register and integrate spatial information
the Government to update the National Building
into geographic information systems (GIS).221
Regulations is undertaking this process.216 These
Such GIS systems have application in wetlands
hazard maps could be developed by national
delineation, mineral assessment, renewable resource
agencies or by national or international research
management, public health, urban and regional
institutes or private companies.
planning, disaster response and recovery. The grid
■■ Geographic data-sharing and coordination: Central of Continuous Observing References Stations in
coordination for the development and collection Malawi is only 6 percent complete.222 This low
of geographical information is limited. The Malawi completion rate increases the complexity and length
Geographical Information Council (MAGIC) and its of time needed to undertake spatial mapping. While
executive arm, the National Spatial Data Centre the Department of Survey (MoLHUD) recognises this
(NSDC), were established in 2003217 to coordinate as a priority, it currently does not have the resources
the acquisition and sharing of spatial data. The to complete the network.223
Land Survey Act (2016) lays out the role of MAGIC.
These challenges will need to be addressed in order to
However, representatives from the Land Survey
build (i) the Government of Malawi’s hazard mapping
Department reported that MAGIC’s role still needs
capacity and (ii) the Government’s ability to develop
to be institutionalised and its capacity increased.218
and implement risk-informed building and land-use
As per the Land Survey Act, MAGIC should be regulations.
responsible for overseeing the Malawi Spatial Data
Centralised Efforts to Train Regulatory
Portal (MASDAP),219 established in 2012. This online
Personnel, Building Contractors and
platform is a web-based data-sharing tool. MASDAP
Construction Workers
is free of charge for users. It is based on open-
National initiatives and resources to train building
source software that is designed to support inter-
regulatory personnel, fire engineers and inspectors,
agency collaboration and to enhance public access
building contractors and construction workers are
on information, ranging from the environment,
limited. In order to promote safe construction,
water resources, agriculture, climate to disaster risks.
there is a strong argument for the Government of
Amongst its core objectives, MASDAP is intended
Malawi to play a more prominent role in coordinating
to provide a resource for community mapping
sustained training on safe construction and building
activities and land-use planning. While MASDAP is
regulation requirements. Large-scale efforts to expand
a useful resource with the prospect of incremental
and institutionalise training should be integral to
improvement over time, it focuses essentially on
Governmental policies, particularly to support sectors
flood hazards and has no data uploaded for seismic
that are inherently dependent on technical capacities,
risks, volcanic risks, land-slides or wind-speeds.220
such as the building industry.
There are currently no national standards, set
Jamaica provides a relevant case study of how
methodologies or guidance for Government
this objective can be achieved. Jamaica innovated
Departments to develop maps (including hazard
and established a National Building Code Training
maps) in Malawi. This lack of standards limits the
Consortium to coordinate sustained training on the
mechanisms. 221
Geodetic data are the product of geodetic control and are essential
216
BRCA Desk Research, February 2019, EcoBuild. to the development of GIS. They should serve as one of the
217
Ibid. primary components of the National Spatial Data Infrastructure
218
BRCA Interview, February 2018, Land Survey Department. (NSDI).
219
Malawi Spatial Data Platform, 2019, Webpage. 222
BRCA Interview, February 2018, Land Survey Department.
220
BRCA Review of MASDAP, February 2018. 223
Ibid.
Managing Risks for a Safer Built Environment in Malawi / 37
National Building Code of Jamaica (NBCJ). The NBJC The delivery of effective regulation depends on the
aims to streamline training, ensuring all relevant competency of the professionals who carry out the
target audiences are covered. It is led by the Bureau plan reviews and inspections. Common regulatory
of Standards Jamaica (BSJ) and the Ministry of Local competence standards, underpinned by a robust
Government and Community Development (MLGCD). development process and comprehensive learning
The Consortium includes training institutions and materials, are essential to the effective delivery of
providers such as the local universities, community building regulation.
colleges and vocational training institutions. See Figure
The role of the Building Department at the MoPW
11 for a diagram outlining the Consortium’s structure.
could be expanded to coordinate the training of building
regulatory personnel in Local Councils in partnership
FIGURE 11: International References for with existing professional schools. It is an opportune
Fire Competency Frameworks moment to explore whether the Department has
the capacity to take on this role given that they are
In the United Kingdom, The Chief Officers Association reviewing the feasibility of establishing a new Building
(CFOA) develops and updates a Competency Regulation Division.
Framework for Business Fire Safety Regulators every
The training could focus on developing core skills
few years. The Framework promotes a common and
pertaining to building regulation administration, design,
consistent approach for all fire regulators, including
plan review, inspection and ethics.225 A nationally
standards and supporting educational materials for
coordinated training mechanism for building regulation
technical and non-technical skills: http://www.cfoa.org.
personnel would need to support its long-term
uk/22122
sustainability. The history of national programs or
In the United States, the National Fire Protection agencies relying only on national budget appropriation
Agency (NFPA) has numerous certification schemes have proved vulnerable to political, economic and
for fire prevention and protection professionals: social priorities. There is strong argument for the fees
https://www.nfpa.org/Training-and-Events/By-type/ for construction permits to contribute to a large-scale
Certifications training solution for building regulators.
From an overall building and fire regulatory Fire Engineers and Inspectors
competence perspective, the Certified Building
There is also currently no clear line of responsibility
Official qualification in the United States also includes
for the training of fire prevention designers, fire
building and fire regulation: http://buildingofficial.com/
engineers and fire inspectors. The result is a shortage
commercial-building-official/
of trained fire personnel and a lack of regulatory and
Source: BRCA Analysis, 2018. control capacity in the local Fire Brigades and Building
Departments of major cities.
Universities, Polytechnic and colleges in Malawi have
Building Regulatory Personnel
not yet introduced a fire engineering curriculum.226
No centralised institution is mandated to provide Some private training initiatives (by private dealers
training to local building authorities to administer of fire equipment) exist but do not meet the training
building regulation.224 This is particularly significant
given the relatively new Building Departments
established as a result of the devolution process. The
225
The International Code Council generally includes a module on
ethics within its building code training curriculum. The training
same applies for fire engineers and inspectors within highlights the important role of building regulators as custodians of
Council fire brigades and/or building authorities. public health and safety and directly addresses issues surrounding
corruption.
226
BRCA Interview, February 2018, Lilongwe City Council Fire
Department, Malawi Institute of Architects (MIA) and Malawi
BRCA Interview, February 2018, TEVETA.
224
Institute of Engineers (MIE).
38 / Building Regulatory Capacity Assessment
needs.227 The University of Malawi Polytechnic initiated Although training is applicable to the full spectrum of
the development of a curriculum on fire prevention, professional trades, evaluating the vocational training
but the initiative was never finalised or adopted.228 options is particularly urgent. The building sector
employs a substantial number of untrained workers;
The planned Building Regulation Division of the
this can be detrimental to the safety of the workers
Building Department (MoTPW) could take the lead
and the buildings. The existing formal training system
in coordinating fire prevention training for Local
has been limited by a lack of funding and institutional
Council fire brigades, in partnership with national and
outreach.230
international institutions such as Malawi Polytechnic
and the US National Fire Protection Association. The The difficulty of consolidating a national vocational
body responsible for coordinating training should training structure has direct consequences on
also be responsible for the development of a fire Malawi’s workforce profile: most of the youth acquire
competency framework. skills through informal apprenticeships.231 In Malawi,
according to the International Labour Organisation
As per international best practice, a fire competency
(ILO), only about 10 percent of the population works
framework should:
in the formal sector.232 Further, building contractors
4) Ensure that all categories of relevant fire are not incentivised to formalise their workforce as the
professionals, including regulatory personnel, have current status-quo keeps wages low and contractual
the skills, knowledge and understanding of fire responsibilities at a minimum.233
prevention and protection standards, building fire
The TEVETA, established by an Act of Parliament in
safety regulations and other attributes necessary to
1999,234 is tasked with the promotion, regulation and
be competent in the evaluation of fire prevention
sustainable provision of technical, entrepreneurial and
and protection measures for regulatory compliance.
vocational education.235 Despite TEVETA’s ambitious
5) Develop mechanisms (i.e. exams, tests, certifications objectives, their scale remains relatively small; it runs
and continuous professional development training) 15 apprenticeship programs, four of which are directly
to ascertain the competence of relevant fire related to building trades: bricklaying, carpentry
professionals. and joinery, electric installations, and fabrication
and welding. TEVETA reported that approximately
The primary objective of a competency framework
1,500 students enrol in their apprenticeship program
for fire prevention is to provide a supportive input to
every year.236 In addition to TETEVA, Malawi has
implement the fire provisions of building regulation
other smaller-scale vocational training institutions,
requirements (see Figure 12).
community colleges and programs for specific training
Contractors and Construction Workers skills carried out by international institutions and non-
Governmental organizations. However, none focus on
There are more centralised training resources training for the construction sector.
available for contractors and construction workers.
The NCIC, for example, provides training courses for The National Construction Industry Policy (2015) has
construction workers and contractors. Courses offered acknowledged the need to improve vocational training
in 2018 included, amongst others: training in labour as part of a corrective process of regulatory measures
intensive techniques, environmental management and to address: poor working environment; low standards
construction contracts. These courses generally target
registered professionals.229 230
BRCA Interview, February 2018, TEVETA.
231
Aggarwal, Hofmann and Phiri, 2010, ILO, 2010, A study on
Informal Apprenticeship in Malawi.
232
ILO, 2010, A study on informal apprenticeship in Malawi.
227
BRCA Interview, February 2018, SGD (Simwango General 233
BRCA Interview, February 2018, TEVETA.
Dealers), Webster Carlton Mwangobola (fire equipment company 234
Government of Malawi, TEVET Act of Parliament (No. 6) TEVET
operating in Blantyre). Act of Parliament (No. 6)TEVET Act of Parliament (No. 6).
228
BRCA Interview, February 2018, Fire Department of Lilongwe. 235
TEVETA, 2018, About Us.
229
NCIC, 2018, Training. 236
BRCA Interview, February 2018, TEVETA.
Managing Risks for a Safer Built Environment in Malawi / 39
FIGURE 12: Jamaica National Building Code Training Consortium
Bureau of Standars Jamaica (BSJ)
International Code • Training and Trainers
Council (ICC) • Design and Maintenance of Training Materials
Ministry of Local Training Consortium
Government and
Training Organization Target Group Focus
Community
Development (MLGCD) Universities (UTech & UWI) Graduates & Comprehensive
Undergraduates,
building professionals
Jamaica Fire Brigade Fire plan review and Fire-related code
inspection personnel elements
Jamaica Institution of Engineers (JIE) Engineers Design
Jamaica Institute of Architects (JIA) Architects Design
Institute of Quantity Surveyors Quantity surveyors Third party
enforcement
Heart Trust Construction Construction practice
workforce, building
“practitioners”
To be confirmed Material and building Implication of code for
product manufacturers their practices
Management Institute for National Municipal council Administrative
Development (MIND) officials
Bureau of Standards Jamaica (BSJ) General public and Health and safety
National Housing Authority (NHA) informal sector builders motivation
Source: World Bank, 2017, National Housing Trust (NHT)
Approach for Publishing National
Housing Agency of Jamaica (HAJ)
Building Code of Jamaica and
Subsequent Training. Social Development Commission (SDC)
of safety and occupational hazards on construction require financial and technical support from the
sites; limited policies and regulatory frameworks; and, Government of Malawi to extend their institutional
corruption and financial mismanagement in public outreach and increase their training offering to
and private sectors.237 This investment in vocational reflect the skills currently deployed in the formal
training for the construction industry also aligns with and informal construction industry.
Malawi’s vision to increase the building stock and
2) Renewed public awareness campaigns. Research
extend national infrastructure.238
indicates that there is limited public awareness
In order to support this agenda, vocational training about TEVETA’s programmes and objectives. In a
institutions need: recent study, only 33 percent of respondents were
aware of TEVETA and 14 percent were aware
1) Increased investment to scale-up training.
of TEVETA’s construction and manufacturing
Vocational training organisations such as TEVETA
programmes.239
237
Malawi Ministry of Transport and Public Works, 2015, National
Construction Industry Policy. Manda, 2016, Public Awareness Perception of Tevet Activities in
239
238
Government of Malawi, 2000, Vision 2020. Malawi.
40 / Building Regulatory Capacity Assessment
3) Support to develop up-to-date and targeted 3.3 Recommendations
training materials. The training courses offered
1) Strengthen and pass the Buildings Control and
across the country need to be aligned with the needs
Development Bill referencing the new National
of the industry. TEVETA representatives noted that
Building Regulations.
the courses offered generally do not cover the new
materials and techniques being used in the sector.240 The Department of Buildings (MoTPW) recently
Consequently, there is limited capacity within the initiated the drafting of a Building Control and
construction sector to handle new materials on Development Bill. As per international best practice,
the market that require particular skillsets.241 As a the process of developing Building legislation should
result, use of these materials is often improvised and include wide-spread consultation and dialogue with
leads to unsafe buildings. Furthermore, methods the building professional community, national and
and materials integral to low-income populations local public sector representatives, private sector
are often not acknowledged or integrated into representatives, NGO and academics, including
training courses. As noted earlier in the report, in disaster risk management experts.
Jamaica, informal builders have been recognised in Once developed, the Bill should be benchmarked
the recently gazetted Building Act (2017) as building against international best practice, including the
practitioners. Along with this legislation, a series of examples of best practice referenced in this report.
dedicated vocational training programs are being For example, the Bill should clearly define the roles
developed by the vocational training college HEART. and responsibilities of national and local institutions
TEVETA and the Government of Malawi could draw through one set of consistent legal provisions.
from Jamaica’s experience.
2) Develop a national-level framework for fire pre-
TEVETA, together with senior Government vention, including the development and passage
authorities, could explore linking their Programs of fire prevention legislation.
to a World Bank project in the education sector. This process could also be initiated with the
For example, an ongoing World Bank Skills development of a policy paper focused on
Development Project is working to increase access, fire prevention. The policy paper should be
market relevance and results orientation of skills- benchmarked against international bets practice,
development institutions.242 including the comprehensive Fire Safety
4) Make training courses more accessible to informal Management Policy (2011)243 developed by the
Government of Kenya.
builders. To ensure that training courses are
accessible and attractive, market research needs to be The development of fire prevention legislation
conducted amongst informal builders to determine should be the result of a comprehensive
the price informal builders are willing to pay for consultative process.
training, how much time they can dedicate and the
3) Support the establishment of the proposed
distance they are able to travel. The World Bank
Building Regulation Division of the MoTPW and
Building Regulations for Resilience (BRR) Program
build its institutional capacity. This includes:
conducted a similar study in Jamaica in partnership
with the NGO Build Change. The data collected ■■ Providing guidance materials and technical
will be used by the HEART college of Construction assistance to Local Councils.
Services to tailor and market their courses. ■■ Coordinating the training of building regulators
and fire inspectors and engineers, including the
240
BRCA Interview, February 2018, TEVETA.
241
Ibid. development of a competency framework.
242
For more information see: World Bank Higher Education Skills
Development Project. Government of Kenya, 2011, Fire Safety Management Policy.
243
Managing Risks for a Safer Built Environment in Malawi / 41
■■ Leading the development and maintenance of whereby the Ministry is incrementally rolling out
the National Building Regulations, in partnership technical assistance to support local Governments
with the Department of Housing at MoLHUD. in the development of their spatial plans.
■■ Leading the development of building legislation. 6) Strengthen the coordination between different
■■ Conducting research on building materials. Government agencies and departments for
developing and sharing hazard maps. This includes
4) Strengthen Malawi’s capacity to test construction
the development of data-sharing standards and
products, materials and soil. Testing facilities should
methodologies for hazard mapping.
be available for both the public and private sector.
The MBS should conduct a review to determine their Responsibility should be assigned to different
own technical and human capacity to conduct tests Government agencies and departments for
for contemporary construction materials and products developing hazard maps. Responsibility should also
(i.e. electrical wires) as well as the testing capacity of be assigned for the collation and sharing of hazard
other public, private and academic institutions. maps to support inter-institutional coordination
and collaboration.
The review should compare relevant institution’s
testing capacity against the current and potential To support the coordination and sharing of data,
market demand. Gaps in testing facilities and standards and a set methodology for geographical
human capacity should be identified and prioritised mapping (including hazard mapping) need to be
according to the risk associated with the material/ developed so that maps can be integrated and
product and market demand. compared. These standards can be benchmarked
against international best practice, for example,
A phased plan should be developed to increase
the MBS’ as well as other private and public the geographical mapping standards developed in
institutions’ construction testing capacity, and the Colombia and for the European Union.
availability of national and international funding 7) Support the Support the Department of Survey
mechanisms should be explored. Strengthening in the completion of Malawi’s Geodetic Network.
the testing capacity of public universities should
be explored as this testing equipment is also The Department of Survey (MoLHUD) has
needed to conduct academic research. Technical identified the completion of the geodetic network
assistance may be necessary to support the MBS as a priority; however, to date, the Department
in this review. has not had sufficient funding to support this. The
competition of a Geodetic network is an important
5) Assist the Department of Physical Planning in
step to increase national mapping capacity,
developing guidance materials for Local Councils
including hazard mapping.
to help them develop risk-sensitive land-use and
physical development plans. 8) Provide technical and financial assistance to
the Technical, Entrepreneurial and Vocational
Given that there is no explicit mention of hazard
maps in the Physical Planning Act, the guidance Education and Training Authority (TEVETA) to
materials should clearly note hazard maps as a develop a market-oriented training curriculum for
necessary input and provide relevant guidance construction workers which incorporates code
and parameters. The guidance materials should be requirements.
widely disseminated and available online. This technical and financial assistance should start
In order to be effective, these guidelines should by supporting TEVETA to develop up-to-date and
also be accompanied by technical assistance. The targeted training materials, to conduct market
MoLHUD should consider adopting the approach of research amongst informal/artisanal builders and
the Ministry of Lands and Physical Planning in Kenya, to launch a renewed public awareness campaign.
Lilongwe in Malawi. Photo: © Hecke01 | Dreamstime.com
Managing Risks for a Safer Built Environment in Malawi / 43
4. Building Regulation
Development
and Maintenance
B
uilding regulations are critical to creating a safe, In recognition of these challenges, the Government
sustainable and resilient built environment. of Malawi is taking the significant step of introducing
They provide a single point of reference that new National Building Regulations. This effort was
establishes common and transparent building standards initiated in 2018 and is being led and overseen by the
for public health, safety and fire protection. In addition, Department of Buildings (MoTPW), in coordination
well-designed building regulations can be used to with the Department of Housing (MoLHUD) and
meet other societal objectives, such as accessibility for Department of Disaster Management Affairs (OPC).246
persons with disabilities, climate change adaptation, The National Building Regulations are being developed
cultural heritage preservation and energy efficiency. with the following objectives:247
This chapter provides a review of the existing building ■■ Incorporating disaster and climate-resilient design in
bylaws in Lilongwe, Blantyre and Mzuzu and also new and existing buildings.
provides a review of the draft National Building
■■ Bringing consistency across Local Councils in dealing
Regulations (1997) which will be used as the base for
with risks in the built environment.
the new National Building Regulations. The chapter
also highlights best practices for the development ■■ Incorporating modern objectives consistent with
and maintenance of National Building Regulations and other development goals set out in the Malawi
provides recommendations. Growth and Development Strategy III and other
prominent policy areas such as physical planning.
4.1. Status of Malawi’s Building ■■ Developing the basis for cross-sectoral training and
Regulations professional development by leveraging the future
building regulations as an educational tool.
Malawi does not currently have national uniform
building regulations in place. Instead, the largest The National Building Regulations are being developed
cities of Lilongwe, Blantyre and Mzuzu have their as part of the World Bank-funded Malawi Floods
own independent city-level building bylaws.244 Some Emergency Recovery Project (MERP). At the time
of these building bylaws were developed over half a of finalising this Assessment, the international firm
century ago and need to be updated with advances in EcoBuild Africa248 had been hired to undertake this
building technology.245
246
Ibid.
247
BRCA Interview, February 2018, Representatives of the Building
BRCA, 2018, Desk Research.
244
Department (MoTPW) and the Housing Department (MLHUD).
BRCA, 2018, Analysis.
245 248
BRCA 2018, Desk Research.
44 / Building Regulatory Capacity Assessment
project.249 The firm will use draft National Building to avoid undervaluation and diminish the risk of
Regulations, developed in 1997, as the basis. This 1997 collapse.
draft was developed by an international firm,250 under
Annex 3 provides a more comprehensive list of good
the leadership of the MoTPW and the MoLHUD.251
practices in the Lilongwe Building Bylaws (1961).
The new National Building Regulations are due to be
However, the bylaws are now over half century old and
completed by June 2019.252 A public and private sector
generally do not reflect an up-to-date understanding
task team has been established to provide inputs and
of building science and are not adapted to the local
feedback.253
context. The bylaws do not have provisions for disaster
As will be discussed later in the chapter, clarity is risk management (e.g. the inclusion of seismic load
needed on how the National Building Regulations standards), energy efficiency or persons with disabilities
will interact with the pre-existing bylaws in Lilongwe, and some of the British Standards underlying the code
Blantyre and Mzuzu. have now been withdrawn or replaced.256 Furthermore,
the Lilongwe Bylaws are not available online or as an
electronic file and as such are not easily accessible to
4.2. Review of Current Building building professionals. Annex 4 provides a detailed
Bylaws review of the Lilongwe Building Bylaws and associated
Lilongwe Bylaws recommendations.
The Lilongwe Building Bylaws were developed in Blantyre Bylaws
1961 and were based on the then British Building In Blantyre, the City Council recently took the initiative
Regulations.254 The building bylaws are relatively of developing new building bylaws. These bylaws were
comprehensive and include details in permitting finalised in 2018.257 They are extensive and include
procedures as well as design provisions and standards. good practices such as:
Good practices in the bylaws include:
■■ Incorporating a classification of public building
■■ Incorporating mandatory fire-resistance durations occupancy to establish fire protection parameters
for different materials and structural elements, and means of egress during emergencies.
considering the thickness requirements for reinforced
concrete, masonry walls and steel elements. ■■ Provisions for persons with disabilities facilitating
egress and access to sanitation facilities in public
■■ Defining live loads255 by considering the future use buildings.
of the building under study. Defining live loads is
fundamental for design under gravity loads, in order ■■ Measures that aim to promote a more efficient use
of fresh water in construction.
A detailed matrix of good practices is provided in
249
BRCA Interview, November 2018, World Bank Task Team Leader
of the Malawi Floods Emergency Recovery Project. Annex 5.
250
Mutiso Menezes International (Architectural and Planning
Consultants) and Rofe Kennard and Lapworth (EA) LTD (Consulting However, the bylaws could more explicitly reference
Civil and Structural Engineers). the MS Standard 820:2010 (Code of Practice for
251
BRCA Interview, February 2018, Representatives of the Building
Department (MoTPW) and the Housing Department (MLHUD). Design Loadings for Buildings) on building structural
252
BRCA Interview, November 2018, World Bank Task Team Leader requirements, reference broader planning requirements
of the Malawi Floods Emergency Recovery Project.
253
Other than the organisations already mentioned, this Task Team
and improve on issues such as fire protection and
comprises core participants such as the National Construction access for person with disabilities. The permitting
Industry Council of Malawi (NCIC), Malawi Institute of Architects process could further distinguish low-risk from high-
(MIA), Malawi Institution of Engineers (MIE), academia
(Polytechnic) and MFERP PIU. risk buildings. More detailed analysis of the bylaws and
254
JICA, 2010, The Study on Urban Development Master Plan for recommendations is provided in Annex 6.
Lilongwe in the Republic of Malawi – Final Report.
255
Live Load: load that is not permanently applied to a structure but
is likely to occur during the service life of the structure (excluding 256
BRCA analysis, February 2018.
environmental loads). 257
BRCA desk research, November 2018/
Managing Risks for a Safer Built Environment in Malawi / 45
Mzuzu Bylaws ■■ Requirements for geotechnical inspections; soil
conditions are critical for load bearing capacity.
In Mzuzu, a set of new building bylaws were finalised in
2017.258 It is a shorter document with fewer provisions ■■ Clear provisions for the change of use of buildings,
than the bylaws of Lilongwe and Blantyre. The bylaws with potentially important impacts on safety (i.e.
appropriately cover definitions, grounds for disapproval additional fire safety requirements).
of the Local Council, construction materials, minimum
■■ “Deemed to comply” provisions, allowing for the
architectural requirements, occupancy permits,
recognition of local materials and methods of
penalties for legal infringements and permitting fees.
construction which is critical to lowering regulatory
International best practice suggests that the bylaws
compliance costs and addressing the growth of
could be improved with an initial focus on:
informal construction.
■■ Laying out more explicitly the details and actual rules
■■ Explicit references to testing of materials and
of the permitting process in order to avoid confusion
products with appropriate focus on fire and structural
and excessive discretion.
requirements.
■■ Mandating the sign-off of building plans by registered
A comprehensive and detailed list of good practices in
architects or engineers.
the National Building Regulations (1997) is provided in
■■ Explicitly referencing the Malawian building Annex 8.
structural standard (MS Standards 820:2010);
Main Challenges Identified
■■ Referencing other important resources such as the
In order for the draft National Building Regulations
Safer Housing Guidelines.
(1997) to provide up-to-date construction standards
■■ Providing details on how to implement major across Malawi, several challenges need to be
concepts such as accessibility for persons with addressed. The first challenge relates to the relationship
disability. between the existing city bylaws (Lilongwe, Blantyre
and Mzuzu) and new National Building Regulations.
More detailed analysis of the bylaws and recommenda-
The other challenges noted in this chapter relate to
tions is provided in Annex 7.
technical adjustments necessary to the 1997 draft
to ensure that the building regulations are consistent
4.3. Review of the National Building with international best practice and with Malawi’s
broader development agenda.260 A detailed analysis of
Regulations
the National Building Regulations (1997) is included
The draft National Building Regulations (1997) in Annex 9, identifying the main gaps and providing
represent a significant improvement to the Lilongwe technical recommendations.
Building Bylaws (1961). The draft was developed by a
Nairobi architectural firm and a United Kingdom civil Relationship between City Bylaws and the National
and structural engineering firm.259 Positive features Building Regulations
include: The relationship between the existing city bylaws
■■ Fire provisions for building design, external walls and the National Building Regulations needs to
and materials as well as additional provisions for the be determined. In their current form, the National
inclusion of sprinklers and water supply systems. Building Regulations and city bylaws in Lilongwe and
Blantyre all include technical provisions for design and
260
For example, the objectives and targets of Malawi’s Growth and
258
Ibid. Development Strategy III (2017-2020), Africa Regional Strategy
259
Mutiso Menezes International (Architectural and Planning for Disaster Risk Reduction (2004), the Sendai Framework
Consultants) and Rofe Kennard and Lapworth (EA) LTD (Consulting for Disaster Risk Reduction (2015) and Malawi’s Disaster Risk
Civil and Structural Engineers). Management Policy (2015).
46 / Building Regulatory Capacity Assessment
construction. It is important not to overlap provisions requirements. Given the hazard profile of Malawi,
in the city bylaws and the national regulations. seismic maps and wind maps should be referenced
in the building regulations. Based on these maps,
The firm hired to develop the new National Building
geographic zones should be differentiated in terms
Regulations - Ecobuild - will review the existing
of expected hazard-event frequency and intensity.
city bylaws as part of their work programme. The
The differentiation of hazard zones is essential for
relationship between the different sets of regulatory
enabling the safe siting of buildings and balancing
documents remains to be defined.261
design requirements for anticipated loads. The Building
The National Regulations Task Team and EcoBuild Regulation task team and the firm hired to develop the
can draw from different models of linking national building regulations (EcoBuild) are currently working to
and sub-national regulations. Several countries have identify which seismic hazard map will be integrated
implemented “model building regulations” or “model into the new building regulations.
building codes” that are developed at the national level
For example, in Colombia, the Colombian seismic hazard
as comprehensive regulatory documents. They can be
map is referenced in the National Building Code (NSR-
subsequently adopted by legislation, with or without
98). Four levels of seismic intensity have been included.
modification, and promulgated by local Government
The design requirements included in the building code
jurisdictions. This approach is often followed by federal
are prescribed based on the seismic zone and nature of
Governments or by countries, like Malawi, engaged in a
the occupancy (see Box 2 for further details).
process of decentralisation.
As per international best practice and the disaster
India and Canada have the same system of a national
profile of Malawi, the National Building Regulations
model code adopted by local jurisdictions. In parallel
should include provisions for seismic loads. Seismic
to the model code, some local jurisdictions also have
provisions should also be included for non-structural
building bylaws. These bylaws include mostly procedural
components and retrofitting for different types of
provisions, for example, procedures for permitting,
buildings, such as reinforced concrete and light-
inspections and change-of-use.262 These bylaws are
frame wood buildings. The retrofit guidelines in the
complementary to the model code, which outlines
International Code Council 2018 International Existing
technical provisions for design and construction. There
Building Code provide a comprehensive example.149
is limited overlap in content.263
Recognising the importance of a risk-informed
Risk-Informed Building Regulations building regulations, the MBS, Malawi Institute of
There is increasing recognition internationally and Architects (MIA) and Malawi Polytechnic worked
within Malawi264 that a modern building regulation together to develop the “Code of Practice for Design
system will play an essential role in reducing underlying Loadings for Buildings.”265 The document is based on
risks in the built environment. the South African National Standard (SANS 10160:
1989) and integrates earthquake loads and wind
Natural Hazards loads. This document was published in 2010, after
The draft National Building Regulations (1997) do the draft National Building Regulations (1997) were
not reference hazard zones and associated structural developed.266 The standard references a wind map,
an earthquake map and a peak ground acceleration
261
BRCA Analysis, 2018. map. However, zones of varying seismic intensity have
262
See the building bylaws of the city of London, Ontario, as an not been identified. (See the case study for Colombia in
example: https:/ /www.london.ca/city-hall/bylaws/Documents/
buildingB6.pdf. Box 2.) Annex 10 outlines a list of good practices in the
263
BRCA Analysis, 2018. “Code of Practice for Design Loadings for Buildings”
264
Malawi is clearly linking the development of National Building
Regulations to a disaster risk management agenda. The renewed
effort to develop these regulations is being funded as part of a
disaster risk management project (World Bank-funded Malawi BRCA Desk Research, November 2018.
265
Emergency Flood Recovery Project. Ibid.
266
Managing Risks for a Safer Built Environment in Malawi / 47
BOX 2: Building Code and Seismic Hazard Maps in Colombia
The Colombian seismic hazard map referred to in the
National Building Code (NSR-98), in effect until 2009,
was developed in 1996 and updated in 2010. Since
then, the National Seismological Network of Colombia
has improved in both coverage and technology
providing, fifteen years of additional seismic records.
The seismic hazard maps correspond to those
developed by the seismic hazard committee of the
Colombian Association for Earthquake Engineering
(AIS) and are considered official and for mandatory
use in the earthquake resistant codes for buildings and
bridges.
The country is divided in three seismic zones along
a northeast to southwest region parallel to the
Bucaramanga Fault Zone into Ecuador. The zones
are designated as High Seismic Hazard, Intermediate
Seismic Hazard and Low Seismic Hazard. The map
presented below is taken from the NSR-98. It shows
Key
the geographic distribution of the seismic zones. In the
Baja: Low
building code, specific design load requirements are Intermedia: Intermediate
prescribed based on the seismic zone and the nature Alta: High
of the occupancy.
Four levels of seismic intensity are considered. Standard Occupancy is assigned a seismic intensity level on 1.0. Special
Occupancy is assigned a 10 percent increase on the intensity. Emergency and Relief Services Facilities Occupancy a 20
percent increase. Essential Facilities Occupancy are assigned a 30 percent increase on the seismic intensity.
Source: Guillermo Santana, 2013, Seismic Code Evaluation Colombia; NASA – Smithsonian Astrophysical Observatory.
and Annex 11 provides more detailed analysis and a list Chronic Hazards
of recommendations.
Building regulations should be designed to reduce
Malawi is also exposed to floods and landslides. These chronic risks such as fire and spontaneous collapse.
hazards have very localised effects, as such a national Consideration should also be given to the promotion
hazard map would not provide sufficient detail to ensure of a healthy built environment, including provisions to
the safe siting of buildings. Therefore, the National Building discourage the spread of disease.
Regulations should not reference national maps for these In terms of fire risk, the current draft National Building
hazards. The Building Regulations should reference the Regulations (1997) include generally comprehensive
need for the regulator and developer to consult local fire prevention and safety provisions for building
hazard maps. As will be discussed in the next chapter, design, external walls, materials, and sprinklers and
local development plans and land-use regulations should water-supply systems. However, the review of the
include and reference local hazard maps. National Building Regulations undertaken as part of this
48 / Building Regulatory Capacity Assessment
BOX 3: Example of a Prevalent Form of Construction in Malawi
Unburnt brick wall buildings with pitched rooves are common in urban and rural areas throughout Malawi. They are
gaining popularity, representing approximately 45 percent of the country’s housing stock.
The thatched roof is supported by unburnt mud brick walls built in mud mortar. The walls are built on a stone platform
raised above ground as a protection against floods. There is no horizontal or vertical reinforcement. As a result, the
strength of the building is low and considered to be very vulnerable to earthquake effects. In the 1989 Salima Earthquake
(magnitude 6), nine people died and over 50,000 people were left homeless. Many unburnt brick wall buildings suffered
extensive damage or collapsed.
Source: Earthquake Engineering Research Institute (EERI) and International Association for Earthquake Engineering (IAEE), 2002, World
Housing Encyclopaedia.
Assessment identified areas for improvement, including, construction that low-income groups can afford.
for example, regulations regarding the placement of Generally, the design and construction of these
sprinklers. Further, more comprehensive provisions buildings does not involve professional architects
need to be included for electrical design. Given the and engineers. The buildings often make use of local
prevalence of fires in many informal settlements across materials and skills and are improved and extended
Sub-Saharan Africa,267 it is important that the National incrementally as funding, time and materials become
Building Regulations reflect international best practice available.
and an up-to-date understanding of building science
In Malawi, there is a high prevalence of informal
and fire safety.
settlements. In Lilongwe, for example, approximately
In terms of health risk, the current draft National 76 percent of urban dwellers are estimated to live in
Building Regulations 1997 include provisions that allow sub-standard housing and/or informal settlements.268
the use of corrugated sheets and asbestos cement. As Estimates indicate that 45 percent of the country’s
these materials age or become damaged, they release building stock constitutes unburnt brick walls with a
small fibres which have been linked to lung diseases, pitched roof (see Box 3).269
including cancer.
The Government needs to decide whether to include
Reference to Non-Engineered Low-Income Housing provisions and/or guidelines for these types of buildings
in the building regulations. Significant trade-offs need
The draft National Building Regulations (1997) do
not recognise or provide guidance for the types of UN HABITAT, 2011, Malawi : Lilongwe Urban Profile.
268
Earthquake Engineering Research Institute (EERI) and International
269
UNDP, 2013, From Everyday Hazards to Disasters: The
267
Association for Earthquake Engineering (IAEE), 2002, Word
Accumulation of Risk in Urban Areas. Housing Encyclopedia.
Managing Risks for a Safer Built Environment in Malawi / 49
to be considered in terms of risk, life-safety, feasibility guidelines for non-engineered, vernacular buildings into
and affordability. As highlighted in Box 3, buildings their National Building Regulations; they concluded that
constructed with earth bricks, sun dried adobe bricks, the performance level of these buildings is too low and
stabilised soil blocks and concrete and mud plaster the risk of structural failure too high. Whereas, in Nepal,
generally perform very poorly during earthquakes and the 1992 Building Code recognises the full spectrum of
other disaster events and can pose a significant risk to life- current forms of construction through a four-tier building
safety. However, at the same time, these building types permitting system, including: (i) international “state-
make up a significant proportion of the country’s building of-the-art” construction, (ii) professionally-engineered
stock and safe-construction guidelines, if implemented, structures, (iii) small buildings designed to meet “rules-of-
can help to increase their resilience and safety. thumb” and (iv) non-engineered construction employing
traditional materials and skills. On this basis, Nepal
To make this decision the Government needs to decide developed a hierarchy of building controls consistent
what constitutes an “acceptable level of risk” and a with the existing capacity on the ground, in terms of
minimum performance objective for building structures both construction practice and regulatory application of
across the country. As per international best practice, compliance checks (see Box 4).
this dialogue should include consultation with a wide
range of stakeholders. Figure 13 provides an example If Malawi does decide to include provisions and/or
guidelines for non-engineered, vernacular buildings
of a four-tiered categorisation of building performance
within the National Building Regulations, the Safer
objectives and how they relate to resilience.
Housing Construction Guidelines could be a useful
Globally, Governments have taken different approaches reference. These guidelines should be reviewed to
to non-engineered and vernacular housing in building see whether they are appropriate to reference in
regulations and have come to different conclusions as the National Building Regulations and whether the
to what is an “acceptable level of risk.” For example, in guidelines enable the minimum performance level set
Colombia, the Government decided not to integrate by the Government to be achieved (see Box 5).
FIGURE 13: Building Performance Objectives
Performance Level of
Objective Description Resilience
POI ■■ No structural damage. The building is safe to be used during and after the natural
Continuous occupancy disaster.
High
■■ Damage to contents is minimal and services will continue to function without
alteration.
PO2 ■■ Minor damage to structure that is repairable at a reasonable cost and in a
Immediate occupancy/ reasonable amount of time.
operational continuity ■■ Specified assets are protected.
Moderate
■■ Nonstructural components and systems needed for the building to operate are fully
functional (with utilities possibly available from standby sources). Some cleanup and
repair may be required.
PO3 ■■ Damage to both structural and nonstructural components, but risk of loss of life is
Life safety low. Safe
■■ Building systems and utilities are damaged and inoperable.
PO4 ■■ Building is near collapse and significant hazard to life may exist.
Collapse prevention ■■ Building and emergency systems are extensively damaged and operable. Unsafe
■■ Building beyond technical repair.
Source: World Bank, GFDRR and Arup, 2017. Roadmap for Safer Schools: Guidance Note.
50 / Building Regulatory Capacity Assessment
BOX 4: Nepal Society for Earthquake Technology and the Nepal Building Code
The Nepal Society for Earthquake Technology (NSET) has carried out a multifaceted program of earthquake risk reduction
over the past 20 years. The NSET initiatives have included building code development, mason training, school retrofit
and regulatory capacity building.
The 1992 Nepal Building Code (NBC) recognised the full spectrum of current forms of construction through a four-
tiered building permitting system. On this basis, it developed a hierarchy of building controls consistent with the existing
capacity on the ground, in terms of both construction practice and regulatory application of compliance checks.
International “state-of-the-art” construction: Examples of such construction include high-rise hotels and office buildings.
If consultants ensure that their designs meet the recognised international standards, the designs are considered to be
in conformance with the NBC.
Professionally-engineered structures: These include structures such as hospitals, commercial buildings, factories,
warehouses and multi-storey buildings. For such buildings, design requirements are provided in the NBC.
Small buildings designed to meet “rules-of-thumb”: This category is defined as buildings constructed with modern materials,
such as concrete and steel, but not exceeding simple criteria of height, configuration and number of stories or floor area.
Mandatory “rules of thumb” are provided. The requirements are typically confined to the maximum span, minimum
reinforcing and member sizes, positioning of earthquake-resisting elements and other such rules. The guidance materials
are provided in a form that an experienced construction manager or mason can understand them and present sufficient
detail to pass the permit review of the building department.
Non-engineered construction employing traditional materials and skills: These guidelines are based on the analysis of
some 50 typical prevailing building types in Nepal constructed by employing vernacular materials and skills. Two sets of
guidelines have been developed: one dealing with low-strength masonry and another dealing with earthen structures.
The guidelines provide simple rules for improving seismic safety of these structures. Although these recommendations
are described as guidelines, they are intended to be mandatory if they are built in areas controlled by a building permit-
issuing local authority.
Source: Parajuli Amod Dixit, 2000, Nepal Building Code – Need, Development Philosophy and Means of Implementation; and UNCRD,
2008, Implementation, Learning from Experience of Lalitpur Sub-Metropolitan City, Nepal.
Managing Risks for a Safer Built Environment in Malawi / 51
BOX 5: Malawi Safer Housing Construction Guidelines
The Government of Malawi, through its Department of Housing (MoLHUD), produced
Safer Housing Construction Guidelines in 2012, which were revised in 2014 with
financial support from the World Bank’s Global Facility for Disaster Reduction
and Recovery (GFDRR). The Guidelines provide an illustrated set of instructions
on how to build a small (two-room) house resilient to all major hazards impacting
Malawi, including earthquakes, floods, windstorms, hail storms, landslides, fires and
soil erosion. Chapter 4 includes a detailed set of specifications for the production
of essential local building materials, such as earth bricks, sun-dried adobe bricks,
stabilised soil blocks, and concrete and mud plaster.270
The Guidelines cover three standardised houses based on three income levels and
are more appropriate for rural low-income groups. The Guidelines recognise the
process of incremental construction and promote non-engineered forms of housing
construction consistent with local building practices.
There is evidence that the Department of Housing has actively promoted the Guidelines across different cities in Malawi
and urged Local Councils to adopt them as a form of subsidiary regulations or requirements attached to their respective
bylaws. The Guidelines have been translated into local languages by the Department of Housing. The Department
initiated training of Local Council staff initially in the 15 districts impacted by the 2015 floods.271
Source: BRCA Analysis, 2018.
World Bank, 2018, BRCA Review of Housing Guidelines.
270
BRCA Interviews, February 2018.
271
Accessibility for Persons with Disabilities mandates that all architectural drawings for public and
institutional buildings comply with the standards of
In the draft National Building Regulations, accessibility
universal design.275
and usability requirements for persons with disabilities
need to be further detailed. For example, the National Prior to the adoption of the Disability Act (2012),
Building Regulations should include comprehensive the Ministry of Education issued a directive to all its
provisions for ramps, lifts, handrails and wheel chair institutions stating that all new structures constructed
spaces. World Health Organization (WHO) data should be disability-friendly and allow for quick and
indicate that persons with disabilities represent efficient means of egress in case of fire. The Education
around 14 percent of the Malawi’s total population.272 Infrastructure Management Unit has guidelines on
(See Box 6 for the WHO’s definition of persons with how to construct disability-friendly structures. There
is evidence of some success achieved in implementing
disabilities.)
these guidelines. For example, 20 newly constructed
These provisions would be aligned with the mandate secondary schools in Blantyre, Kasakula, Ntchisi,
of the Disability Act (2012)273 and UN Convention Chinsapo and Lilongwe were built in compliance
on the Rights of Persons with Disabilities, signed with universal standards. This construction program
by the Government of Malawi in 2007.274 The Act received World Bank support.276
272
WHO, 2011, World Disability Report. has obligations to report to the UN on how it is making progress
273
Malawi Government, 2012, Disability Act. to enhance the rights of persons with disabilities.
274
At an international level, Malawi signed and ratified the UN 275
Disability Act, 2012, Part IV, Article 8 (e).
Convention on the Rights of Persons with Disabilities in 2007. 276
2016, Malawi Education Sector Improvement Project Project
The signing and ratification of this Convention means that Malawi Appraisal Document.
52 / Building Regulatory Capacity Assessment
BOX 6: World Health Organisation’s Definition of Disability
According to the World Health Organisation (WHO), disability is the umbrella term for impairments, activity limitations
and participation restrictions, referring to the negative aspects of the interaction between an individual (with a health
condition) and that individual’s contextual factors (environmental and personal factors).
Environmental factors are central in creating disability; problems with human functioning are categorised in three
interconnected areas:
• Impairments are problems in body function or alterations in body structure, for example, paralysis or blindness;
• Activity limitations are difficulties in executing activities, for example, walking or eating; and
• Participation restrictions are problems with involvement in any area of life, for example, facing discrimination in
employment or transportation.
Disability, therefore, refers to difficulties encountered in any or all three areas of functioning and arises from the
interaction of health conditions with contextual factors, environmental and personal factors as shown in the figure
below:
Representation of the International Classification of Functioning, Disability and Health
Health condition
(disorder or disease)
Body functions
Activities Participation
and structures
Environmental Personal
factors factors
Source: World Health Organisation, 2011, World Report on Disability.
While the policy and legal framework for persons with energy use, nearly 40 percent of energy-related CO2
disabilities is consistent with good practice, progress emissions and almost half of all energy generated
in implementing appropriate access to public and globally is used to cool, light and ventilate buildings.278
institutional buildings has not yet been operationalised The Intergovernmental Panel on Climate Change
through the building regulatory process.277 The (IPCC) estimates that building-related GHG emissions
development and implementation of new National will double by 2030 under a high-growth development
Building Regulations is an opportunity to do this. scenario.279 Improving the energy efficiency of buildings
can help to reduce these emissions and can also provide
Green Buildings significant cost-savings for the occupants.
Carbon contributions from the built environment are As per international best practice, building regulations
a recognised concern. Buildings and construction can provide energy-efficiency requirements for new
account for more than 35 percent of global final-
278
International Energy Agency, 2017, Global Status Report.
BRCA Review of Lilongwe Building Bylaws 1961 and the Building
277 279
Intergovernmental Panel on Climate Change, 2014, Climate
Regulations 1997. Change 2014: Mitigation of Climate Change: Buildings.
Managing Risks for a Safer Built Environment in Malawi / 53
and existing buildings. Improvement of building’s the Occupational Safety and Health Directorate
efficiency at planning stage can be relatively simple, (Ministry of Labour); Ministry of Natural Resources,
while improvement after their initial construction can Energy and Environment; Local Council Building and
be more difficult. Decisions made during a building’s Planning Departments; Local Council Fire Brigades;
project phase will largely determine energy consumption and additional experts with experience in health, safety
over much, if not all, of a building’s lifetime.280 and disaster risk in the built environment.
The International Code Council’s (ICC) Energy In terms of building regulation maintenance, effective
Conservation Code provides a comprehensive example building regulations typically benefit from three- to five-
of energy-efficiency regulations.281 Energy-efficiency year updating cycles. Frequently updated codes tend
requirements included in building regulations are usually set to incorporate newer design and technology options
in a specific chapter. The energy-efficiency requirements as well as lessons learned from more recent chronic or
themselves are often brief, while the underlying standards severe disaster events. This updating process requires
are typically longer and more comprehensive.282 a sustainable broad and participatory consultative
process. This process should be detailed in legislation.
Furthermore, additional green-building provisions can
be included within building regulations, for example,
provisions for rainwater harvesting and run-off 4.5. Recommendations
retention and control.
1) Address the technical gaps in the draft National
Building Regulations and ensure alignment with
4.4. Process for Updating Malawi’s international best practice, including:
Building Regulations ■■ Referencing hazard maps with determination of
The development of new building regulations should building structural requirements.
be an inclusive and consensus-based process. This ■■ Integrating provisions for access and usability
includes the participation of the public sector, private for persons with disabilities.
sector, building professionals, builders, building owners
■■ Integrating provisions for green and energy-
and building occupants, as well as those with expertise
efficient buildings.
on health, safety and disaster risk.
1) Determine the relationship between the city
In line with this, those leading the development of the bylaws and the National Building Regulations.
National Building Regulations in Malawi – Department
The Department of Buildings, Department of
of Buildings, Department of Housing and Department
Housing and Department of Disaster Management
of Disaster Management Affairs – have established
Affairs should lead a consultative process to
a task team to provide inputs and feedback on the
determine how these sets of national and sub-
draft. The task team comprises representatives from
national regulations will interact. It is critical to
the National Construction Industry Council, Malawi
avoid overlapping and potentially contradictory
Institute of Architects, Malawi Institution of Engineers
provisions.
and Malawi Polytechnic. In line with international
best practice, this task team could be extended to 2) Initiate dialogue between the Building Regulation
include additional public-sector representatives from task team and a wide range of stakeholders
to decide whether and how provisions and/
280
International Energy Agency, 2008, Energy Efficiency
Requirements in In Building Codes, Energy Efficiency Policies for
or guidelines for non-engineered vernacular
New Buildings. construction should be integrated or referenced
281
International Code Council, 2018, International Energy
in the new National Building Regulations.
Conservation Code.
282
International Energy Agency, 2008, Energy Efficiency
Requirements in In Building Codes, Energy Efficiency Policies for
The dialogue should be focused on the trade-
New Buildings. offs between risk, life-safety, feasibility and
54 / Building Regulatory Capacity Assessment
affordability. Consensus needs to be reached on recommendations in Chapter 3). The finalised
what is an “acceptable level of risk” and minimum regulations should be published online to ensure
performance objective. As per international best that both building regulators and professionals
practice, this dialogue should include consultation have easy access to the documents.
with a wide range of stakeholders.
4) Establish a systemic and inclusive technical
3) Finalise, promulgate and disseminate the process for the National Building Regulation’s
National Building Regulations. future update, publication and distribution.
The National Building Regulations should be The process should be outlined in the Building
legally mandated. This necessitates referencing Regulations themselves and in any future national
the Regulations in national legislation (see building legislation.
Managing Risks for a Safer Built Environment in Malawi / 55
5. Local Government Capacity
for Implementing
Building Regulations
C
omprehensive legal foundations and building FIGURE 14: Local Government Jurisdictions in Malawi
regulations by themselves cannot reduce
disaster risk or protect public health and safety.
Chitipa
Achieving this depends on local implementation of, and Karonga
compliance with, building and land-use regulations.
This chapter assesses the effectiveness and efficiency
of local regulatory implementation with a focus on: Rumphi
■■ Capacity of Local Councils.
Mzuzu City
■■ Processes for plan reviews, inspections and Mzimba
permitting. Nkhata Bay
■■ Funding mechanisms for regulatory services.
Malawi’s local Government system consists of twenty-
Nkhotakota
eight District Councils, four City Councils, two Kasungu
Municipal Councils and one Town Council (see Figure Ntchisi
14).283 This Assessment focuses on Lilongwe City Dowa Salima
Machinji
Council. Councils across Malawi may have different
capacity, organisational frameworks and building
Lilongwe City Lilongwe
regulatory processes in place. However, the preliminary Dedza
analysis of this Assessment points to similar challenges Mangochi
in other City Councils. Nicheu
Machinga
Balaka
Mwanza
Zomba Zomba City
Blantyre
Chiradzulu Phalombe
Blantyre City Mulanje
Thyolo
Chikawa
Nsanje
283
Commonwealth Local Government Forum, 2018, Malawi Country Source: Malawi National Statistical Office, 2012, Statistical Year
Profile. Book.
56 / Building Regulatory Capacity Assessment
5.1. Implementation of Building As per the Local Government Act (1998), and the
subsequent Amendment in 2010, Local Councils in
and Land-Use Regulations in
Malawi have a wide range of responsibilities, including
Lilongwe administering building and land-use regulations. As
The jurisdiction of Lilongwe City Council covers an such, Local Councils play a principal role in ensuring risk
area of approximately 393 square kilometres284 and reduction measures are integrated into planning and
has a population of just over 1 million.285 This makes construction activities in their jurisdictions. Currently,
Lilongwe Malawi’s largest city.286 In 2014, as many for areas without a physical development plan (this
as 76 percent of residents in Lilongwe lived in sub- includes most rural areas), the Physical Planning
standard housing and/or informal settlements.287 Department (MoLHUD) is responsible for processing
Lilongwe’s urban growth pattern between 1998 and development permit applications.289 However, under
2008 is illustrated below in Figure 15. The population the recently gazetted Physical Planning Act (2016), the
is projected to reach 1.58 million by 2030.288 whole of Malawi is declared a planning area, and there
are provisions to create Physical Development Plans
for all jurisdictions.290
FIGURE 15: Population Increase/Decrease in
Lilongwe (1998-2008) In terms of building regulations, Lilongwe has its
own building bylaws (1961). In terms of land-use
regulations, Lilongwe’s current Master Plan, Study on
Urban Development Master Plan for Lilongwe, finalised
in 2011. It outlines the land uses that are permitted
with a planning period of up to 2030.291
Development Permit Process
The Planning and Development Department of
Lilongwe City Council has a central role in administering
land-use and building regulations across the country.
The Department processed approximately 600
development permits in 2017.292 Figure 16 illustrates
the City Council entities involved in these activities.
Source: JICA and Government of Malawi, 2010, The Study on Urban
Development Master Plan for Lilongwe in the Republic of Malawi.
289
Malawi Ministry of Lands, Housing and Urban Development,
284
Lilongwe City Mayor, 2018, Public Participation in Urban Planning 2018, Webpage, Physical Planning.
– Case of Lilongwe. 290
Government of Malawi, Physical Planning Act, 2016, (Date of
285
World Bank, 2016, Malawi Urbanization Review. promulgation, September 2016, Date of commencement April
286
Ibid. 2018).
287
UN-Habitat, 2011, Malawi: Lilongwe Urban Profile. 291
World Bank, 2016, Malawi Urbanization Review.
288
JICA and Government of Malawi, 2010, The Study on Urban 292
BRCA Interview, February 2018, Lilongwe City Council, Planning
Development Master Plan for Lilongwe in the Republic of Malawi. and Development Department.
Managing Risks for a Safer Built Environment in Malawi / 57
FIGURE 16: Mapping of Lilongwe City Council Planning and Development Department
Lilongwe City Council
Planning and Development
Department
(Headed by the Director of
Planning and Development)
Development Control Economic Planning Estates and Housing
Town Planning Section
Section Section Section
(Manager)
(Manager) (Manager) (Manager)
Town Planning GIS Expert
(Support Staff) (Support Staff)
Development Control Building Inspection
(Support Staff) (Support Staff)
*Entities involved in the Development permitting process are highlighted in yellow.
Source: BRCA Analysis, 2018, Planning and Development Department.
Once a development permit application is submitted or submits the application to the Town and Planning
(paper copy), the application is reviewed by the Committee with recommendations.294
Planning and Development Department. (See Box 7
The Town Planning Committee then makes a
for details on the documentation the applicant must
final and binding decision on the development
submit.) This review consists of checking that the
permit application and is not bound to follow the
necessary documentation has been provided, checking
recommendations of the Town Planning Technical
that the listed architect is registered with the MIA
Sub-Committee. The Town Planning Committee
and calculating the necessary permit fee. Once the
is constituted of Local Government Councillors
review has been completed, the applicant must pay
and ex-officio members. Box 9 lists the ex-officio
the required fee and the Development Control Section
members of the Lilongwe Town Planning Committee.
then registers the plan and gives the applicant an
At this stage, there are three possible outcomes
application number.293
for the application: accepted, refused or differed. If
Following this review, the application is then sent to approved or refused, the application is returned to the
the Town Planning Technical Sub-Committee (see Box Planning and Development Department where it is
8). The Technical Sub-Committee plans to meet on signed by the Chairman and sent back to the applicant.
a monthly basis to review applications. At this stage, When an application is differed, a letter is sent to the
compliance with building regulations (Lilongwe Building user outlining the necessary modifications.295 A copy
Bylaws) and land-use regulations (Lilongwe Master of the decision is also sent to the Ministry of Lands,
Plan) is evaluated. The Technical Sub-Committee either Housing and Urban Development.
returns the application to the applicant with comments
Ibid.
294
BRCA Interview, February 2018, Lilongwe City Council, Planning
293
BRCA Interview, February 2018, Lilongwe City Council, Planning
295
and Development Department. and Development Department.
58 / Building Regulatory Capacity Assessment
BOX 7: Documentation Required for a Development Permit Application in Lilongwe City Council
n Application form.
n Location plan and site plan obtained from the entity to which the land belongs (e.g. Malawi Housing Corporation and
Ministry of Lands or Airport Limited). If the land is owned by Lilongwe City Council, there is a designated office where
location plans can be obtained.
n Building design (drawings), including the structural plans for public buildings, warehouses, multi-story buildings and
multi-story residential buildings.
n Soil test are not required.
Source: BRCA Analysis, 2018, Planning and Development Department.
.
BOX 8: Composition of Lilongwe Town BOX 9: Lilongwe Town Planning Committee
Technical Planning Sub-Committee Ex-Officio Members
n LLC Planning and Development Department. n The Mayor.
n Institute of the Architect of Malawi (because of a n The Deputy Mayor.
lack of architects in the LCC). n The Director of Buildings.
n Institute of Engineers of Malawi (because of a lack n The Regional Commissioner for Lands and
of engineers in the LCC). Valuation.
n Roads Authority. n The Regional Commissioner for Physical Planning.
n Physical Planning Institute of Malawi. n The Regional Manager, Malawi Housing
n Others Government Agencies. Corporation.
n Department of Health of the LCC. n The Chief Executive Officer, Roads Authority.
n Fire Brigade of Lilongwe.
Source: BRCA Review, 2018, Lilongwe City Council.
Source: BRCA review, Lilongwe City Council.
.
The development permit process for Lilongwe City Department reported that it takes approximately 30
Council is illustrated in Figure 17. A detailed process days to process development permit applications for
map can be found in Annex 12. small and medium projects and approximately 60 days
for a large project. No data are available to confirm the
In 2017, 598 applications were received by the LCC and
average processing time.298
443 were approved.296 The Physical Planning Act (2016)
stipulates: “The responsible authority shall, within 30 The Physical Planning Act, gazetted in April 2018,
days of the receipt of an application for development has implications for the development permit approval
permission, inform the applicant of the decision on the process. As per the Physical Planning Act, each local
application, or where no decision has been taken, of Government authority must appoint a Planning
the progress on the application, and the likely date by Committee for its area of jurisdiction. This Planning
which a decision will be taken.”297 Representatives from Committee is the responsible planning authority and
the Lilongwe City Council, Planning and Development exercises all duties referenced in the Act; these duties
include development control and enforcement. The
composition of the Planning Committee is detailed in
Ibid.
296
Government of Malawi, Physical Planning Act, 2016, (Date of
297
promulgation, September 2016, Date of commencement April BRCA Interview, February 2018, Lilongwe City Council, Planning
298
2018). and Development Department.
Managing Risks for a Safer Built Environment in Malawi / 59
FIGURE 17: Development Permit Process in Lilongwe City Council
Application Development
User file Approval
Planninmg and Scrutinize
Development Comments Sign the permit
and comment
Department
Town Planning Review of the
Technical Comments
project
Sub-Committee
Town and Planning Final
Committee decission
Ministry of Lands, Copy of the
Housing and Urban Development
Development Approval
Source: BRCA Analysis, 2018, Planning and Development Department.
the Act (see Box 10). This marks a significant change to
the provisions in the Town and Country Planning Act
BOX 10: Composition of Local Council
(1998), where these responsibilities were designated to
Planning Committee
the Town Planning Committee (see Box 9 for current
composition). n Director of Planning and Development
(who shall be the Secretary).
Building Inspections and Occupancy Permit Process n Urban Physical Planning Officer.
n Urban Lands Officer.
During the construction process, the Development
n Urban Engineer.
Control Section is responsible for conducting on-site
n Urban Surveyor.
inspections to ensure the building reflects the approved
n Urban Water Engineer.
plans. For new construction projects, the applicant
n Urban Architect.
is required to send a notice of commencement of
n Director of Social Services of the Council.
work to the Planning and Building Department once
n Urban Environmental Officer.
the construction work has been initiated. Overall, the n Member of the Urban Development
applicant is required to provide notice to the Planning
Committee.
and Building Department at six stages of construction:299 n Member of the Urban Works Committee.
n Registered Physical Planner in private practice
1) Commencement of work on the erection of the
building; (recommended by the Physical Planners Board).
Source: Malawi Government, 2016, Physical Planning Act.
Lilongwe City Council, 1993, Appendix VII of the Development
299
Control Procedures for Lilongwe City.
60 / Building Regulatory Capacity Assessment
2) Completion of foundation excavation; and planning controls and has a planning period until
3) Completion of brick work foundation; 2030.304
4) Completion of damp roof; From a disaster risk reduction perspective, the Master
Plan does not integrate hazard maps and as such does
5) Completion of drainage and sanitation; and
not guide construction away from high-risk areas
6) Completion of work. such as flood plains.305 The Master Plan references
Previously, the Development and Planning Department “flood risk” once in the document but does not set any
sent six inspection cards (one for each stage of exclusion zones or requirements for flood-prone areas.
inspection) to the permit applicant, along with their This lack of risk-informed planning can be attributed to
approved plans. This practice has been stopped as the lack of local hazard mapping capacity,306 a lack of
the Department can no longer afford the cost of awareness and the prevalence of a disaster response
distribution.300 rather than pro-active disaster risk reduction approach
and mind-set.
For buildings that meet the criteria, national agencies,
including the NCIC and the MoL, also conduct site In terms of local hazard mapping capacity, Lilongwe City
inspections. Council Planning and Development Departments do
not currently have staff dedicated to hazard mapping.
Once the construction work and inspections have been There is a position in the Department’s organogram for
completed, the Planning and Development Department a GIS Expert, but it is vacant (see Figure 18).
is responsible for issuing an Occupancy Permit. The
Occupancy Permit is generally issued after the Town Further, despite the existence of detailed and legally
and Planning Technical Sub-Committee performs the enforceable land-use plans, urban spatial expansion
last on-site inspection. Annex 13 provides a process has occurred in a relatively ad-hoc manner.307 Of the
mapping for obtaining occupancy permits in Lilongwe settlements surveyed in Lilongwe, 64 percent were
City Council. unplanned.308 Similar challenges apply to Blantyre,
Mzuzu and Zomba where zoning plans provide
The Lilongwe City Council is also responsible for adequate land for the spatial expansion of the cities
overseeing the modifications, change of use and but planning controls are unable to prevent informal
demolition of buildings. construction.309 These factors have resulted in informal
Main Challenges Identified settlements being constructed on areas planned for
infrastructure such as roads and in challenges such as
Development and Implementation of Local Development limited access for emergency and fire services.310
Plans
This low-level of compliance with land-use regulations
The 1986 Lilongwe Outline Zoning Scheme was the is compounded by, among others:
first statutory land-use plan for Lilongwe.301 The then
Town and Country Planning Department developed ■■ High cost of compliance: Current plot sizes are
the Scheme on behalf of the Lilongwe Town and outlined in the Study on Urban Development Master
Country Planning Committee, with a planning period Plan for Lilongwe. These plot sizes are generally
until 2000.302 Between 2000 and 2011, the city did large, for example, between 1,000 to 2,000 square
not have a statutory land-use plan in place.303 The metres for land designated low-density residential
current Master Plan for Lilongwe, completed in 2011,
fills this gap; it includes detailed land-use regulations 304
Ibid.
305
BRCA analysis, February 2018.
306
BRCA Desk Research, November 2018, Lilongwe City Council,
300
BRCA Interview, February 2018, Lilongwe City Council, Planning Planning and Development Department.
and Development Department. 307
World Bank, 2016, Malawi Urbanization Review.
301
JICA and Government of Malawi, 2010, The Study on Urban 308
Luppen and ActionAid, 2014, Survey of Urban Poor Settlements
Development Master Plan for Lilongwe in the Republic of Malawi. in Lilongwe.
302
Ibid. 309
MoLHUD, 2013, Situation of Urbanisation in Malawi.
303
Ibid. 310
Ibid.
Managing Risks for a Safer Built Environment in Malawi / 61
TABLE 3: Plot Size Regulation in Malawi
Land Use Category Plot Size Regulation
Category Sub-Category Minimum Maximum
Low density residential 1,000 2,000
Medium density residential 600 1,000
Residential High density residential 375 600
High-rise residential 10,000 –
Quasi-residential 375 600
Source: JICA, in coordination with the Government of Malawi, 2010, The Study on Urban Development Master Plan for Lilongwe in the Republic of
Malawi.
(see Table 3). This makes access to land unaffordable such as the Water Board or the Roads Authority,
for most low-income earners.311 Amongst experts in comply with the plans. This is partly a question of
Malawi, there is a general agreement that measures political will but may also require a formal provision
should be introduced to meet the demand for of greater authority to City Councils to coordinate
250–450 square metre plots.312 The high cost of infrastructure and service delivery within their
accessing property is widely recognised as a driving jurisdictions.314
factor behind informal settlements and unregulated
■■ Capacity of Planning and Development Department:
construction.313
Compliance with land-use regulations requires
The Study on Urban Development Master Plan for sufficient capacity within the City Council to review
Lilongwe, 2010, provides the following guidance on development permit applications, conduct site
the reform of plot sizes: inspections and actively monitor compliance across
“Minimum land plot size of the residential development the city. The Planning and Development Department
should be reduced. It will contribute to the improvement lacks financial, technical and human capacity to
of land use efficiency… the minimum standard of 2,000 effectively conduct these functions.
m² is too big for a land plot. In the past, such a big The devolution process provides the opportunity
minimum standard had been beneficial to preserve the for district, city and town Councils across Malawi to
colonial luxurious atmosphere. From the viewpoint of manage development control more coherently, since
promoting land use efficiency, the maximum standard
the functions of planning, zoning, permitting and
would be important as well as the reduction of the
inspection of construction now fall under one single
minimum plot size. The Blantyre City Council has already
jurisdiction. The development of local spatial plans
launched the reduction of the minimum land plot size
could provide a useful resource to trigger more rigorous
from 2,000 m² to 1,000 m² for low density residential.
and participatory efforts to establish updated land-use
As in the case of Blantyre City, Lilongwe City should
and zoning requirements. The capacity and resources
adopt such a policy of land plot size regulation, not only
of Local Councils need to be strengthened to take on
in terms of the minimum, but also of the maximum land
these new responsibilities.
plot size.”
Best practice indicates that these physical development
■■ Authority to coordinate infrastructure and service
plans be developed in consultation with local citizens
delivery: City Councils have limited authority to
and communities. The adverse implications of land-use
implement urban development plans as they have
planning regulations in Karonga illustrates why.
little authority to make players in other sectors,
The Karonga Town Council integrated hazard risk into
311
Ibid.
312
Ibid. their land-use plans. The Town Council delineated
313
Gondwe et al., 2017, Discriminatory Land Use Planning and Flood
Risk Management in Karonga Town. 314
World Bank, 2016, Malawi Urbanization Review.
62 / Building Regulatory Capacity Assessment
flood-prone areas using local hazard maps to control In Malawi, the cost to register property is high and
flood damage. Serviced plots of land were then created constitutes a barrier to property ownership. The
in safer areas.315 Despite the intention of the Council application fees for a formal leasehold title is K10,000
to reduce disaster risk, a recent study found that these (US$66).320 In addition, a cadastral survey is required
land-use planning practices have in fact contributed and costs about K40,000 (US$267).321 Lawyers levy a
to a proliferation of unsafe housing structures and 1 percent charge on the value of the transaction for
increased vulnerability for the poor. The serviced plots drafting mortgage and leases.322 The cost of formal
of land developed in low-risk areas were unaffordable tenure registration is unaffordable for most low- to
for lower-income citizens. The review concludes that middle-income households, so they turn to informal
the lack of consultation with the targeted beneficiaries land markets.323
was among the factors that led to this situation.316
Availability of Cadastral Data and Surveying
Property Registration Capacity
Security of tenure is considered essential to motivate Effective cadastral registration provides immediate
investment in sustainable and safe infrastructure and evidence that the right to ownership has been
housing. In 2002, the Government of Malawi implemented established. It also prevents the acquisition of
the National Land Policy. The Policy aims to ensure security prescriptive rights where this is contrary to public
of tenure and promote overall development through policy. Confidence in ownership of land and built
an optimum use of land. Amongst other objectives, assets is an important precondition for individuals to
the Policy intends to decentralise title registration to make investments in building quality and resilience.324
increase administrative efficiency and effectiveness and All dealings in land, including development and building
to promote gender-neutral land access.317 permits, are facilitated by efficient and functioning
cadastral system. Boundaries are directly and accurately
The legal framework in Malawi also recognises land
documented. The nature and extent of existing rights
tenure rights through customary or statutory tenure
are clear. Long and costly inquiries into a title are
regimes. Since customary regimes vary across the
avoided. And the need for the services of lawyers or
regions of Malawi, the country is governed by different
other intermediaries is minimised.
land administration systems. In urban areas, such as
Lilongwe, the legal framework provides for a mature The Malawi Land Survey Act (2016) defines the
statutory regime. term “cadaster” as: “A methodically arranged public
inventory of data on properties within a district based
However, the full recognition of urban land tenure
on a survey of the property boundaries.”325 In 2002,
is hampered by administrative obstacles to formal
Malawi initiated the implementation of the National
title registration and the high cost of legal fees for
Land Policy, which aimed at ensuring security of tenure
formalisation.318 The Land Governance Assessment
and promoting overall development through optimum
Framework (2012) estimated that the local
use of land.326 The policy intended to register all land
administrative system recognises rights for only 50–70
managed by traditional authorities and decentralise
percent of the urban population through customary or
title registration to avoid delays.
statutory tenure regimes.319 Meaning, between one-
half and one-third of the population inhabiting informal
settlements do not have legal recognition or rights.
320
World Bank, Paul Jere, 2012, Improving land sector governance
in Malawi: Implementation of the land governance assessment
315
Gondwe et al., 2017, Discriminatory Land Use Planning and Flood framework.
Risk Management in Karonga Town. 321
Ibid.
316
Ibid. 322
Ibid.
317
Government of Malawi, 2002, National Land Policy. 323
Ibid.
318
World Bank, Paul Jere, 2012, Improving land sector governance 324
Building Regulation for Resilience, 2015, Managing Risks for Safer
in Malawi: Implementation of the land governance assessment Cities, GFDRR, World Bank.
framework. 325
Government of Malawi, 2016, Land Survey Act.
319
Ibid. 326
Government of Malawi, 2002, National Land Policy.
Managing Risks for a Safer Built Environment in Malawi / 63
At present, Malawi has three categories of land: public, effectively and efficiently administer building and land-
private and customary land. Public land comprises all use regulations.328 The resources required include
land occupied by the Government whereas private land sufficient numbers of qualified staff, equipment and
is owned under a leasehold title. Customary land, which financing.329
is the most common form of tenure in the country,
Human Resources
refers to all land under customary law. The customary
system follows the traditional concept of considering In Lilongwe City Council, on the whole, staffing levels are
land in a village as belonging to the community.327 relatively high, as reflected by the high share of recurrent
costs in total expenditures.330 Figures from 2016 show
Available research into this area suggests that:
that Lilongwe City Council employs about 2,000 staff
■■ Between 50 and 70 percent of ownership information (roughly one employee for every 350 residents).331
in Malawi’s cadaster/registry is up-to-date. There is, The same can be found in the cities of Blantyre, which
however, a time lag between the transaction and employs about 1,400 staff (roughly one for every 500
the update of records which creates a temporary residents), and Mzuzu, which employs about 520 staff
discrepancy between the cadastral maps and the (roughly one for every 300 residents).332
actual situation on the ground.
Stakeholders in the Lilongwe City Council Planning
■■ Most records for privately-held registered land are and Development Department, however, reported
readily identifiable in the registry maps or cadaster. a shortage of qualified staff.333 For example, the
Some of these maps are in poor condition, making Development Control Section, responsible for
identification difficult. processing development permit applications, has a total
■■ The responsible authorities or organisations, of three staff; these three staff have a bachelor’s degree
including the Surveys Department, are understaffed. in physical planning.334 The Building Control Section,
They also have not fully leveraged GPS technology which reviews plans and inspects buildings, only has
to map and register cadastral information. two staff, only one of whom is a trained architect.335
As a whole whole, the Department has an 80 percent
The Malawi National Land Policy (2002) has identified vacancy rate and many of the staff in current positions
these challenges and outlined strategies consistent with do not have sufficient qualifications or training.336
international best practice. The Policy recommends
enhanced capacity-building at the Surveys Department; Figure 18 provides an overview of the vacancies in
promoting private, competent, licensed surveying the Lilongwe City Council Planning and Development
firms to augment capacity; employing systematic use Department, as of October 2018. As per the
of technology; and digitising records. These measures organogram, 60 percent of positions in the Department
would contribute to critical efficiencies for more are vacant. Stakeholders reported that the cause of this
effective and efficient building-control procedures was two-fold: the lack of attractive salary packages for
in Malawi. While the cadastral system is critical to qualified personnel and recurrent gaps in funding to
enable building resilience and safety, no specific staff these Departments.337
recommendations have been provided as this is beyond
328
BRCA Interview, February 2018, Representatives from the
the scope of this report. Building Department of the MTPW, Department of Housing
of the MLHUD and Lilongwe City Council Urban Planning and
Development Department.
Capacity of Planning and Development 329
Ibid.
World Bank, 2016, Malawi Urbanization Review.
Departments
330
331
Ibid.
Planning and Development authorities across Malawi
332
Ibid
333
BRCA Interview, February 2018, Representatives from Lilongwe
require additional human and technical capacity to City Council Planning and Development Department.
334
Ibid.
335
Ibid.
327
Cadastre in Africa: A Leap Towards Modernisation, Vaibhav Arora, 336
Ibid.
2011. 337
Ibid.
FIGURE 18: Vacancies in the Planning and Development Department
Director or Planning and Development
Deputy Director: Deputy Director: Deputy Director:
Town Planning Economic Planning Estates
Town Planning Project Chief Estates
GIS Expert Development Control Manager
Manager Manager Economist Manager
64 / Building Regulatory Capacity Assessment
Principal Building Sr. Development Comm. Dev. Principal Principal Estates
Senior Urban Planner
Inspector Control Officer Officer Economist Officer
Urban Planning Senior Building Development Ass. Community Estates
Architect Economist Statistician
Planner Officer Inspector Control Officer Dev. Officer Officer
Planning Arch. Building Sr. Enforcement Sr. Community Housing
Dev. Assistant Programmer
Technician Technician Inspector Clerk Inspector
Community Assistant Estates
Ast. Building Development Enforcement Clerks
Draftsman Dev. Assistants Officer
Inspectors Control Clerks Town Rangers
Design Senior Estates
Officer Clerk
Key: n Vacancies n Filled Positions
Estates Housing
Source: Representative from the Development and Planning Department, October 2018. Clerks Clerk
Managing Risks for a Safer Built Environment in Malawi / 65
BOX 11: Ratio of Regulatory Personnel Versus Urban Population: A Comparison with the Building
Regulatory System in Two US States and the City of Nairobi
One measure of the capacity of the Planning and Building Department in Lilongwe is provided by the United States
Building Code Effectiveness Grading Schedule (BCEGS) developed by the US-based Insurance Services Office (ISO).
The BCEGS scoring system links regulatory capacity to urban resilience. The ISO recommends that for highly urbanised
American states, there should be one certified building code official for 5,000 to 10,000 people. For example, this
number is 8,000 in California and 6,460 in Florida. Both states rank high in the BCEGS score with regulatory systems
considered as robust and effective in mitigating disaster risks in the built environment.
In comparison, Lilongwe has five planning and building code officials for a population of about 1,100,000 people.
Lilongwe presents a ratio of 215,400 population serviced for one building code official. Although the US is a high-income
country with a different construction industry and socio-economic context, this measure points to the gap in human
capacity that should be bridged over time.
By comparison, the city of Nairobi has 15 plan reviewers and 34 building inspectors for a population estimated at about
4 million people. Nairobi presents a ratio of 81,600 population serviced by one building code official.
Source: International Standards Organization Building Code Effectiveness Grading Schedule; World Bank, 2016, Building Regulation for
Resilience: Managing Risks for Safer Cities; and, World Bank, 2018 Kenya BRCA.
In 2017, the Lilongwe City Council processed the principal means of ensuring the safe and resilient
approximately 600 development permit applications.338 siting and construction of buildings.
These were processed with only two employees in the
Similarly, the Lilongwe Fire Brigade primarily applies
Building Control Section, only one of whom is a qualified
its limited resources to fire-fighting activities and
architect. It is not feasible for these two employees to
emergency response activities.343 The Lilongwe Fire
conduct, on average, 50 plan reviews and associated
Brigade Chief Fire Officer reported a limited number
inspections every month.
of employees (i.e. two fire officers) to work on fire
In this context, compliance checks within the building prevention activities. The Chief Fire Officer reported
permitting process are generally confined to checking the fire brigade, depending on competing priorities,
the completeness of building permit applications and has the capacity to send one staff member to the Town
the payment of administrative fees.339 Further, limited and Planning Technical Sub-Committee meeting, where
human resources and the unavailability of transport for building permit applications are reviewed. There are no
building officers also preclude comprehensive building staff qualified to assess project plans for compliance
inspections.340 As noted earlier in the report, six with fire provisions (i.e. means of egress and fire-
inspections should take place before the issuance of an resistant materials). Further, there is insufficient capacity
occupancy permit.341 However, stakeholders reported to dispatch qualified staff to test fire equipment and
that generally only the sixth step is performed: the final conduct building inspections.
inspection to complete the structure and request an
Lilongwe lacks a methodology to classify buildings
occupancy permit.342 Plan review and inspections are
based on the risks they pose (i.e. location, ground-
related risks, and building and use-related risks).
338
Ibid.
339
Ibid. Building classification systems can be used to
340
Ibid.
341
Lilongwe City Council, 1993, Appendix VII of the Development
Control Procedures for Lilongwe City. 343
BRCA Interview, February 2018, Chief Fire Officer, Lilongwe City
342
Ibid. Council Fire Brigade.
66 / Building Regulatory Capacity Assessment
prioritise the allocation of scarce building inspection other fees (e.g. permitting, building licences and market
resources based on level of risks. As per international fees). Even in aggregate terms, they do not appear to
best practice, building classification matrixes should be sufficient to deliver effective urban services.347
combine elements of size, use and location in a risk-
Urban areas, despite their potential to raise revenues,
based approach. See Annex 14 for an example of a
face significant constraints that are rooted in law
building classification matrix used in the city of Yangon
and in limited enforcement. For example, in Blantyre,
in Myanmar.
approximately 70 percent of the city’s revenue is
Participation of Private Sector in Building Controls derived from ratepayers (property and business taxes),
but the default rate is close to 50 percent. Thus, the
Building control functions in Malawi are conducted city is unable to cover its budgeted expenses on a
with scarce resources and specialised personnel, yet monthly basis. This shortfall undermines its services
urban expansion creates increased pressure and risks and its inability to pay higher wages. This makes it
of more severe backlogs in planning, construction difficult to hire and retain staff. In Lilongwe, the City
approval permitting and building inspections. Over the Council estimates nearly MWK 8 billion outstanding in
past two decades, models have emerged to incorporate property taxes, of which it is trying to recover MWK
the private sector in regulatory activities and expand
2.9 billion. This income gap limits the Council’s financial
capacity. This trend is based on various forms and
resources and operating capacity.348
degrees of outsourcing. This approach comes with
trade-offs, including higher construction costs and the The Malawi Urbanization Review reports that policy-
need to ensure acceptable standards of transparency makers appear increasingly willing to provide local
and accountability.344 There are currently no enabling Government with more “teeth” in the form of greater
and explicit provisions in the existing Malawi regulatory fiscal resources.349 The 2015–2016 budget presented
framework allowing building authorities to outsource to parliament allocated additional resources to local
building controls to the private sector and determine Governments. For the first time, the budget included
guidelines for appropriate pricing and qualifications. a development component of MWK 5 billion in the
Doing Business data show that private third-party local Government General Resources Fund (GRF)
involvement in building controls is associated with and allocated MWKK 6.5 billion to Urban Councils to
better building quality in construction as measured by finance road rehabilitation and upgrades. In addition,
the building quality control index.345 as part of a wider and ongoing public-sector reform,
moves are underway to provide local Government with
Financial Resources greater control over local human resources.350
Although it is beyond the scope of this report to explore Effectiveness, Efficiency and Transparency
larger structural issues of local Government funding, of the Development Permitting Process
these challenges must be noted. The funding structure
The review of building regulation administration in
of local Government in Malawi profoundly impacts the
Lilongwe City Council identified areas to strengthen
standards and quality of all urban services delivered by
the effectiveness, efficiency and transparency of the
City and Town Councils.
development permit process.
City Councils depend largely on own-revenues and
receive limited inter-Governmental fiscal transfers (less Streamlining the Building Permitting Process
than 20 percent or less of their total revenues).346 In As described in section 5.1, In Lilongwe City Council, a
turn, their own-revenues are constrained by a limited two-phased permitting approval system is in place. The
property tax base and more marginal collection of first decision on the development permit application is
344
World Bank Group, 2013, Good Practices for Construction 347
Ibid.
Regulation and Enforcement Reform. 348
Ibid.
345
Doing Business 2018, Reforming to Create Jobs. 349
Ibid.
346
World Bank, 2016, Malawi Urbanization Review. 350
Ibid.
Managing Risks for a Safer Built Environment in Malawi / 67
made by the Town Planning Technical Sub-Committee FIGURE 19: Building Permit Archives Room of the
(TPTSC). Following this cross-departmental technical City Council of Lilongwe (February 2018)
review, the development application is submitted to
the Town and City Planning Committee (TCPC). The
TCPC then makes a final decision on the application.
The process for development permits should be
reviewed to improve efficiency and transparency. While
the Physical Planning Act stipulates that applications for
a building permit should be approved within 30 days,
in practice, the process of obtaining a building permit
usually takes between 30 and 60 days, depending on
the size of the project.351 Malawi ranks 144th out of
190 countries in the Dealing with Construction Permits
indicator of the 2019 Doing Business Report; one
indicator is based on processing time for development
permits.352
As noted earlier in this chapter, the recently gazetted
Physical Planning Act has implications for the
governance structure of local planning authorities.
Under the Town and Country Planning Act (1998), the
Town and Country Planning Council had responsibility
for development control, including review of permit
Source: BRCA Fieldwork, 2018.
applications. Now, under the Physical Planning Act
(2016), local Government authorities must establish
a Planning Council, composed of technical experts, ■■ Archiving systems for building permits and plans (see
which will be responsible for development controls. The Figure 19).
capacity of the newly established Planning Committee
will need to be strengthened to enable a more efficient ■■ Online public portal where architects and developers
and integrated review. can electronically submit permit applications and
building plans while monitoring the review process
Digitalisation of Work Flow through a web or mobile interface.354
The current construction permitting process in Lilongwe These ICT solutions have not been introduced in
is manual and paper-based.353 As per international Lilongwe. Previous efforts in Malawi at digitising records
best practice, the following building administration have focused on local titles and deeds registration
functions can be effectively digitalised: systems, such as the World Bank-funded BESTAP
■■ Computerised back-office workflow management Project.355 These projects have not yet modernised the
systems, which allow permit applications to be building regulation administration system.
routed to the relevant reviewers in Government. Digitalised permitting systems can improve
effectiveness, efficiency, transparency and cross-
departmental coordination. When implemented
351
It is important to note that these figures are estimates from the effectively, these ICT solutions can lead to easily.
Lilongwe Planning and Development Department. No data exist
to verify these estimated processing times.
352
World Bank, 2018, Doing Business 2018: Dealing with 354
Ibid.
Construction Permits: Private Sector Participation in Construction. 355
Business Environment Strengthening Technical Assistance Project
353
BRCA Interview, February 2018, Planning and Development (BESTAP) began to digitise title and deeds registration under
Department, Lilongwe City Council. MoLHUD.
68 / Building Regulatory Capacity Assessment
BOX 12: Benefits of E-permitting System to Governments and the Building Construction Industry
n Improved management oversight capabilities for the construction regulator, as managers can monitor workflow and
throughput in real time to ensure service delivery standards are met.
n Reduced time and costs for architects and developers, as they can submit applications online and interact with
Government staff reviewing their submission through electronic channels.
n Increased transparency, as the applicant obtains information on building codes and permitting procedures online as
well as follows the progress of permit approval.
n Reduced opportunities for corruption by minimizing face-to-face interactions between applicants and Government
officials and enabling secure archiving of plans and inspection reports.
n Increased compliance by the building industry through simpler processes and more efficient monitoring and
enforcement, particularly through improved recording of inspections (including photographic evidence of building
violations).
n Increased Government efficiency, resulting in the ability to handle more submissions with the same or fewer resources.
Source: BRCA Authors, 2018.
BOX 13: Nairobi E-permitting Platform
A sustained effort to increase the efficiency of building code administration is critical to reduce systemic complexities,
reduce compliance costs, improve the business environment and further incentivise compliance with building code
requirements.
Technological solutions can support these initiatives. One such example is in Kenya, where the Nairobi City County
manages construction permitting through a web-based e-permitting system. The City Council received technical and
financial support from the International Finance Corporation (IFC) to design and launch the system, which initiated in
2009 and launch the platform in 2011.
Prior to the reform, all construction permit processing was manual. The process was complex and not transparent to
the applicant.356 “Private expediters” had also emerged offering services to speed up the permitting process at a cost
equivalent to 60 percent of the permit fee.357
The modernisation has significantly reduced the number of days to process construction permits. As a result of the
reform, the Council went from 75 days to issue a permit in 2008 to just 40 days in 2010.358
Key functionalities of the platform include: e-registration of building professionals; e-submission of building plans;
e-issuance of permit upon approval; document management and archival (no storage constraints); and, client interactions
through SMS and email notifications.
After Nairobi, the system was established in Mombasa, Kisumu and Kiambu. Although the process has been successful,
there are opportunities to improve the process and overcome limitations. Amongst these are the inclusion of digital
signatures, expanding the capacity of the digital archive and scheduling, and coordinating and documenting building
inspections through the e-platform.
356
World Bank, Innovative Governance and anticorruption initiatives, a selective survey of world bank activity, p.5, January 2014.
357
Ibid.
358
World Bank Group, 2010, Doing Business in Kenya.
Managing Risks for a Safer Built Environment in Malawi / 69
TABLE 4: Comparison of the Cost to Obtain a Building Permit across 12 African Countries
Building Permit Cost for a Dealing with Construction
Rank-Dealing with Construction Warehouse* Permits - Cost
Country Permits (DB19) (Amount in US$) (% of Warehouse Value)
Botswana 31 1,286 0.4
Comoros 85 499 1.2
Sudan 105 548 1.5
South Africa 96 5,651 2
Zambia 70 1,530 2.6
Kenya 128 3,668 4.7
Tanzania 150 2,702 6
Uganda 145 2,254 8.1
Malawi 136 1,657 10
Burundi 162 1,672 10.7
Rwanda 106 4,139 12
Ethiopia 168 4,438 14.4
Congo, Dem. Rep. 165 3,554 15.8
*Doing Business records all procedures required for a business in the construction industry to build a warehouse along with the time and cost
to complete each procedure. A series of standardised parameters have been set for the warehouse (e.g. usage, size, necessary road access). See
for more information: Dealing with Construction Permitting Indicator methodology: http://www.doingbusiness.org/en/methodology/dealing-with-
construction-permits).
Source: World Bank, Doing Business, 2019, Dealing with Construction Permits Indicator.
accessible archives, coordinated inspections, integration Malawi exceeds this threshold, at approximately 10
of land titling, cadastral, land-use and building percent.361 As a point of comparison, Table 4 outlines
information. This facilitates the relay of information the construction permit fees relative to construction
back to builders, owners and other Government costs in select African countries.
agencies with a regulatory stake in construction. The
Malawi needs to address this significant challenge.
benefits of e-permitting systems are illustrated below
Analysis shows that any fee level above 2–3 percent
in Box 12. Malawi can draw from Kenya’s experience in
of the construction cost is usually associated with low
implementing an e-permitting system in four counties,
building-regulation compliance.362 The aggregate cost
including the city county of Nairobi (see Box 13)
of planning, building permits and inspections should be
Building Permit Fees set at a level that ensures the financial self-sustainability
of building regulation municipal services. Not only
Fees for construction permits and inspections should should these levels be based on the cost of recovery
be affordable within the local socio-economic context for services provided by the local Government, but
and generally not exceed 3 percent of construction they should also be affordable within the local socio-
costs.359 As a point of reference, the aggregate economic context. Best practices for setting permit
regulatory cost fees paid for planning and construction fees are presented in Table 5.
approvals in OECD countries is equivalent to 1.7
percent of the overall cost of construction.360 Doing It is important to note that the Doing Business Report
Business 2019 suggests that the current fee level in 2019 uses the City Council of Blantyre as the basis of
359
World Bank Group, 2013, Good Practices for Construction 361
http://www.doingbusiness.org/data/exploreeconomies/
Regulation and Enforcement Reform, Guidelines for Reformers. malawi#dealing-with-construction-permits.
360
Ibid. 362
World Bank, 2015, Building Regulation for Resilience.
70 / Building Regulatory Capacity Assessment
TABLE 5: Summary of Good Practices for Establishing Administrative Building Permit Fees
Practice Background
Establish fee levels based on cost Fees should include the costs associated with the review of plans and any inspections,
recovery for building control services. along with overhead costs. This approach is followed in New Zealand, where building
consent agencies charge fees for issuing building code compliance certificates when
buildings are completed.
Ensure that building control fees do Low municipal tax resources often create an incentive to turn building permit fees into
not fulfil a tax purpose. proxies for tax revenues. If deficiencies in the property tax system require collecting
funds at the time of construction, the tax portion of the building permit fee should be
clearly delineated in the interest of transparency and accountability.
Charge small, fixed fees for small For small buildings, setting a small, fixed fee is considered good practice. Minimum
projects presenting no risk for public fees are necessary because the cost of providing services is not directly proportional
health and safety. to the area or cost of the building; a minimum charge is therefore necessary to cover
enforcement costs for small projects. Large projects with substantial permit fees will
typically cross-subsidise smaller projects.
Publicise fee schedules. To support other relevant efforts in improving transparency and process efficiency, fees
schedules for permits and inspections should be publicised and made available on the
local authorities’ website and other means of communications.
Source: World Bank, 2013, Good Practices for Construction Regulation and Enforcement Reform.
its analysis. As information on the administrative fees timelines to make up for the shortfall in capacity
are not readily available online or in the City Council over a period of three to six years. The Department
offices, it was not possible to conduct a comparison of Buildings (MoTPW) and the Department of
for Lilongwe.363 This points to a secondary challenge: Housing (MoLHUD) should provide strategic and
building permit fees should be transparent and publicly methodological support to local Governments to
available. design and implement their staffing plans.
A similar effort should also be conducted for the
5.2. Recommendations Fire Brigades and Fire sections of County Building
Departments to assess the number of personnel
1) Initiate human resource capacity needs
required to conduct plan reviews and building
assessments to inform staffing plans in Local
inspections for public and private buildings.
Council Planning and Development Departments.
2) Require minimum academic and professional
A diagnostic and staffing plan should be developed
qualifications for local Government building,
at the local Government level, starting in Malawi’s
planning and fire regulators.
largest cities (Lilongwe, Blantyre, Mzuzu and
Zomba). These plans should be based on capacity Local Government Development and Planning
gaps for plan reviews, inspections and technical Departments should demand minimum qualification
advice. These plans should include a phased requirements for the recruitment of new staff and
approach, allowing a feasible timeframe to identify introduce new incentives to retain the services of
appropriate funding mechanisms and training of qualified engineers and architects. Fire Brigades
new staff. If the current staffing level of Lilongwe should implement the same requirements for fire
is indicative of the shortage of trained regulatory engineers and inspectors. Incentives to recruit
personnel in the rest of the country, strategic and retain qualified engineers and architects may
staffing plans should present measures and include measures such as:
■■ Additional training upon completion of certain
BRCA Analysis, February 2018.
363 benchmark years.
Managing Risks for a Safer Built Environment in Malawi / 71
■■ Increased mobility across Building Departments. 7) Review the current fee policy of Local Councils to
■■ Opportunities for promotion based on individual make it affordable for builders and home-owners
performance. to apply for a development permit.
■■ Waiving of professional registration fees. 8) Accompany the local permitting reform process
with a strategic communication campaign target-
■■ Improved access to Government services or
ing stakeholders such as building professionals,
benefits such as transport or access to housing.
building and planning regulators, contractors and
3) Provide training for building regulatory staff in the general public.
the Fire Brigades and Planning and Development
Reforms associated with regulatory frameworks
Departments of Lilongwe, Blantyre, Mzuzu and
should place strategic communications at the heart
Zomba in building plan reviews and inspection.
of the process. The MoLHUD and the MoTPW could
This process should be initiated with a training initiate and manage a strategic communications
needs assessment. As noted in Chapter 3, the campaign aiming at different stakeholder groups,
Department of Buildings (MoTPW) and the including building designers, builders, county
Department of Housing (MoLHUD) should have a regulators buildings trades, communities and
central role in coordinating the training of building, the general public. A successful communications
planning and fire regulators. The content of the campaign should be sustained over time and seek
updated National Building Regulations as well as feedback from the same target groups in order to
local city bylaws should be integrated into the maintain efficiency and innovation.
curriculum.
9) Develop a risk classification system for buildings to
4) Explore the option of leveraging resources from enable a more efficient prioritisation and allocation
the private sector to expand local capacity for of resources for building site inspections.
plan reviews and inspections. With methodological support from the Department
A legal and regulatory review should be initiated of Buildings (MoTPW), Local Council Planning
to consider the introduction of licensed or and Development Departments should take
accredited private sector engineers to carry steps to develop a comprehensive and practical
out third-party plan reviews and inspections to classification of buildings. The classification would
verify project compliance with building regulation determine the level of prioritisation and allocation
requirements and approved building plans. of scarce inspection resources based on level of
Simultaneously, an action plan could be developed risk. The classification should be unified to create
to introduce standards of eligibility, transparency one simplified categorisation of buildings and
and accountability for private sector engineers to construction works, combining elements of size,
assume this regulatory role. use and location in a risk‐based approach.
5) Review the Local Council’s process for building 10) Local Councils should integrate hazard informa-
tion for flood and landslide risks into land-use
permits and streamline where possible to improve
regulations and urban planning.
efficiency and transparency.
Under the leadership of national authorities such
The institutional reforms mandated by the Physical
as the MoLHUD, the DoDMA and the MoNREE,
Planning Act (2016) provide an opportunity to re-
local hazard maps should be identified and/
formulate the processes for development control.
or developed. Local Councils should integrate
6) Consider introducing a web-based MIS software these into local physical development plans
application for building permits and inspections with technical assistance from the MoLHUD.
modelled on the cost-effective solutions Under the Physical Development Act (2016),
introduced in Nairobi and Kigali. city, town and district Councils must develop
72 / Building Regulatory Capacity Assessment
physical development plans. Priority should be As noted in the Chapter 3, the Department of
given to the cities of Lilongwe, Blantyre, Mzuzu Survey should provide national ministries and
and Zomba to ensure areas of potential urban local governments with necessary guidance and
extension are oriented to safer sites. A short-term standards to upload their data to the nationally
priority should be to gather and review existing managed platform.
hazard data and research materials currently in 12) Initiate steps to lower fees and costs associated
the public domain. with the registration of property rights and lease-
hold agreements. The cost is currently a deter-
The MoLHUD has a central role in strengthening
rent for registration and formalisation.
the capacity of Council Planning Departments. As
noted in Chapter 3, the Ministry should develop 13) Lilongwe City Council should initiate steps to re-
guidelines and provide technical assistance to duce the size of the minimum and maximum plot
support Local Councils. size.
11) Make risk-informed land-use maps available on- Lilongwe City Council should implement the
line to all citizens. recommendations outlined in the Urban Study
on Development Master Plan for Lilongwe and
Local Councils should ensure risk-informed zoning draw on the experience of Blantyre City Council
maps are available online. This information should which has already initiated this reform. Particular
be readily available to the public without having effort should be made to lower the barrier of land
to make a physical trip to the planning agency. registration for low-income earners by meeting
These maps should be uploaded to the MASDAP the demand for smaller plots (e.g. 250–450 square
Platform, managed by the Department of Survey. metres).
Managing Risks for a Safer Built Environment in Malawi / 73
6. Summary of
Recommendations
T
he following tables summarise the Assessment’s be the responsibility of one or several institutions. The
recommendations. These recommendations are recommendations have been categorised as follows:
framed as specific activities or tasks which should
● Short-term Activities which must be carried out starting immediately. Generally, these activities
should be completed within a one-year time span.
● Medium- to Long-term Activities that will take a longer period to implement, even up to three years. Starting
these activities as soon as possible will yield benefits.
74 / Building Regulatory Capacity Assessment
NATIONAL LEGISLATIVE AND INSTITUTIONAL FRAMEWORK
Recommendations S M-L
Strengthen and pass the Buildings Control and Development Bill referencing the new National Building
Regulations.
Develop a national-level framework for fire prevention, including the development and passage of fire prevention
legislation.
Support the establishment of the proposed Building Regulation Division of the MoTPW and build its institutional
capacity.
Strengthen Malawi’s capacity to test construction products, materials and soil. Testing facilities should be
available for both the public and private sector.
Assist the Department of Physical Planning in developing guidance materials for Local Councils to help them
develop risk-sensitive land-use and physical development plans.
Strengthen the coordination between different Government agencies and departments for developing and
sharing hazard maps. This includes the development of data-sharing standards and methodologies for hazard
mapping.
Support the Land Survey Department in the completion of Malawi’s Geodetic Network.
Provide technical and financial assistance to the Technical, Entrepreneurial and Vocational Education and
Training Authority (TEVETA) to develop a market-oriented training curriculum for construction workers which
incorporates code requirements.
BUILDING REGULATION DEVELOPMENT AND MAINTENANCE
Recommendations S M-L
Address the technical gaps in the draft National Building Regulations and ensure that they align with international
best practice.
Determine the relationship between the city bylaws and the National Building Regulations.
Initiate dialogue between the Building Regulation task team and a wide range of stakeholders to decide whether
and how provisions and/or guidelines for non-engineered vernacular construction should be integrated or
referenced in the new National Building Regulations.
Finalise, mandate and disseminate the finalised National Building Regulations.
Establish a systemic and inclusive technical process for the National Building Regulation’s update, publication and
distribution. The process should be outlined in the Building Regulations themselves and in any future national
building legislation.
Managing Risks for a Safer Built Environment in Malawi / 75
LOCAL BUILDING REGULATORY CAPACITY AND IMPLEMENTATION
Recommendations S M-L
Initiate human resource capacity needs assessments to inform staffing plans in Local Council Planning and
Development Departments.
Require minimum academic and professional qualifications for Local Government Building, Planning and Fire
Regulators.
Provide training for building regulatory staff in the Fire Brigades and Planning and Development Departments of
Lilongwe, Blantyre, Mzuzu and Zomba in building plan reviews and inspection.
Explore the option of leveraging resources from the private sector to expand local capacity for plan reviews and
inspections.
Review the Local Council’s process for building permits and streamline where possible to improve efficiency and
transparency.
Consider introducing a web-based MIS software application for building permits and inspections modelled on the
cost-effective solutions introduced in Nairobi and Kigali.
Review the current fee policy of Local Councils to make it affordable for builders and home-owners to apply for a
development permit.
Accompany the local permitting reform process with a strategic communication campaign targeting stakeholders
such as building professionals, building and planning regulators, contractors and the general public.
Develop a risk classification system for buildings to enable a more efficient prioritisation and allocation of
resources for building site inspections.
Expand the capacity of Local Councils to develop hazard information for flood and landslide risks. This is a
necessary input for risk-informed land-use regulations and urban planning.
Make risk-informed land-use maps available online to all citizens.
Initiate steps to lower fees and costs associated with the registration of property rights and leasehold
agreements. The cost is currently a deterrent for registration and formalisation.
Lilongwe City Council should initiate steps to reduce the size of the minimum and maximum plot size.
Overview from hill to shoreline along Lake Malawi, MalawiPhoto: Robert_Ford
Managing Risks for a Safer Built Environment in Malawi / 77
7. Conclusion and Next Steps
In many ways, Malawi is at a crossroad in its urbanisation define broader objectives of building control, including
process: the regulatory decisions made now will have a its link to disaster and chronic risk reduction, climate
significant impact on the long-term safety, productivity change and adaptation, and social inclusion. The policy
and resilience of the built environment in both rural should also clearly define the roles and responsibilities
and urban areas. With its low base and moderate rate of national and local Government institutions.
of urbanisation, Malawi is well-positioned to formulate
This paper should then serve as a basis for the
plans to maximise the benefits and manage the
development of a new building legislation. As per
challenges of urban agglomeration in the future.
international best practice, this building legislation
The Government of Malawi has launched several should reference and legally mandate the enforcement
initiatives to strengthen the building regulatory of the National Building Regulations.
framework. The Government of Malawi must maintain
the momentum behind this agenda in order to promote 2) Update, finalise and promulgate the
safe and resilient urbanisation. This report provides National Building Regulations.
several recommendations as to how the Government
The Building Regulation task team and EcoBuild should
of Malawi can strengthen the country’s building
address technical gaps in the draft National Building
regulatory framework. Regulations, including the detailed recommendations
While all the recommendations included in the report in Annex 9, and ensure that the new draft is aligned
promote important components of a comprehensive with international best practice.
building regulatory framework, there are five activities The Department of Buildings (MoTPW), Department
that should be prioritised. When implemented, these of Housing (MoLHUD) and Department of Disaster
activities will provide a solid foundation for future Management Affairs (DoDMA) should lead a
regulatory reform. consultative process to determine how these sets
of national and subnational regulations will interact.
1) Complete the Buildings Policy – this can It is critical to avoid overlapping and potentially
form the basis of the Buildings Control contradictory provisions.
and Development Bill.
The National Building Regulations should be legally
This policy paper should outline broad principles for the mandated. This necessitates referencing the Regulations
Cabinet to review and endorse. The policy paper should in national legislation. The finalised Regulations should
78 / Building Regulatory Capacity Assessment
be published online to ensure that both building Training for building regulators on plan review
regulators and professionals can have easy access to and inspections should be initiated. This process
the documents. should begin with a training needs assessment. The
MoTPW and the MoLHUD could have a central role
3) Strengthen the capacity of the MoTPW in coordinating the training of building, planning and
and the MoLHUD to provide guidance fire regulators. The content of the updated National
and technical assistance to Local Building Regulations as well as local city bylaws should
Council Planning and Development be integrated into the curriculum.
Departments.
5) Reform the construction permitting
This includes supporting the establishment of the
process, starting in Malawi’s largest
proposed Building Regulation Division of the MoTPW,
cities.
enhancing its role in providing guidance materials and
technical assistance to District and City Councils and The institutional reforms mandated by the Physical
coordinating the training of building regulators including Planning Act (2016) provide an opportunity to re-
the development of a competency framework. formulate the processes for development control. In
order to increase efficiency and transparency, Lilongwe
The MoLHUD should develop guidance materials for
City Council should consider reforming the two-phased
Local Councils to support them in the development of
decision process for building permits. Lilongwe should
physical development plans. These guidance materials
also initiate reform of its permitting fees to reduce
should include direction on how to integrate hazard
the financial barrier to compliance. Analysis should
maps. The MoLHUD should determine the feasibility of
be conducted to determine the reforms required in
providing targeted technical assistance to Local Council
Blantyre and Mzuzu.
Planning and Development Departments, starting with
Malawi’s largest cities – Lilongwe, Blantyre, Mzuzu and The largest cities in Malawi should also initiate
Zomba. digitalisation of the archiving systems for building
permits, record of inspections for all documented
4) Strengthen the capacity of Local administrative decisions impacting building structures
Council Planning and Development during their entire lifespan.
Departments and Fire Brigades. Figure 20 outlines these five activities and highlights
A diagnostic and staffing plan should be developed at opportunities for technical assistance. The World
the local Government level, starting in Malawi’s largest Bank will continue working with the Government of
cities. These plans should be based on capacity gaps Malawi to determine what technical assistance and
for plan reviews, inspections and technical advice. investment can be dedicated to pushing forward this
These plans should include a phased approach, critical agenda in order to promote safe and resilient
allowing a feasible timeframe to identify appropriate construction across the country.
funding mechanisms and training of new staff. The
MoTPW and the MoLHUD should provide strategic
and methodological support to local Governments to
design and implement their staffing plans.
Managing Risks for a Safer Built Environment in Malawi / 79
FIGURE 20: Priority Activities and Opportunities for Technical Assistance
Develop a National Update, finalise Strengthen the Strengthen the Reform the
Building Policy— and promulgate capacity of MoTPW capacity of Local permitting
this can form the National Building and MoHUD to Council Planning process, starting
basis of future Regulations provide guidance to and Development in Malawi’s
building legislation Local Councils Department and largest cities
Fire Brigades
Legal advice and Benchmarking Benchmarking Support a human Technical
technical review best practice best practice for and technical assistance in
for a Building National Building physical planning resource needs reforming the two-
Policy and building Regulations and guidelines. assessment tiered permitting
TECHNICAL ASSITANCE
legislation technical advice. process in Lilongwe
Technical Training needs
Benchmarking best Legal advice and assistance in analysis of building Technical
practice technical review of developing regulators assistance in
National Building competency digitasation of the
Informal Sector Training curriculum
Regulations. frameworks for archiving system
Strategy development
training
Open source
Facilitating Building
Technical e-permit
Code
assistance in the system, and
Training
establishment implementation
Consortium
of the Building support
Regulation Division.
Source: Malawi BRCA, 2019.
Financial building, Blantyre, Malawi. Photo: mtcurado
Managing Risks for a Safer Built Environment in Malawi / 81
Annex 1
Mapping of Malawi’s Legislation and Regulation Related to Building
Development at Each Step of the Building Life Cycle
The legal review was conducted in May, 2018. The review included national legislation as well as the Lilongwe Bylaws
of Building Standards, 1961.
Step 1: Overview of Laws Governing Building Siting
Step 1: Siting
Applicable Law Detailed Sections
Physical Planning Act, 2016 S.29 District physical development plans, S.33 Types of local physical
development plans, S. 34 Contents of local physical development plans, S.35
Responsibility for preparation of local physical development plans.
Public Roads Act, 1962 S.10 (4) Width of road reserves and effect of reservation, S.10 (6) prohibition
to build.
Land Act, 2016 S.9 Prohibition to grant freehold land, S.20 Unlawful use of public land, S.36
Legal Basis
Prior written consent of the Minister or local Government authority before
sale, lease, etc., of private land, S.39 Non-development of land, S.41 Minister’s
power to regulate, manage or control the use of land, S42 Power of entry to
the land.
Disaster Risk Management Act, 2017 S.28 Disaster risk assessment.
Customary Land Act, 2016 S.19 Declaration of Hazardous Land.
Bylaws of Building Standards of S.74 (a) Built up area, S.75 Space in front of building, S.76 Space at rear of
Lilongwe, 1961 buildings, S.77 Buildings on site abutting on two or more streets.
Lilongwe Urban Development Master Chapter 5.6. Land-Use Plan for 2030, Chapter 5.8. Institutional Measures to
Plan, 2010 Implement Land-Use Zoning.
Institutions Involved
Lilongwe City Council
Town Planning Department Inspections on site and zone planning. The Town Planning Department of the
Lilongwe City Council is the one in charge of developing the local development
plans.
82 / Building Regulatory Capacity Assessment
Step 1: Detailed Provisions of Laws Governing Building Siting
Step 1: Siting
Applicable Law Detailed Sections
Section Nr. Text
29. (1) A district physical development plan shall include: (a) a technical report on
the conditions, resources and facilities of the district; (b) a statement of policies
and proposals directed to assist the making of decisions or the allocation of
resources and the location of physical development within the district; (c) such
Section 29 information about the description and analysis of the conditions of development
in the district as may be necessary to explain and justify the statement of policies
and proposals; (d) background studies and reports; (e) maps and plans showing
present and future land uses and development; and (f) such other matters as the
Commissioner may request.
33. (1) The following are the types of local physical development plans that may
be prepared: (a) an urban structure plan, which shall be a land-use plan for the
whole of an urban area; (b) an urban layout plan, which shall be a detailed land-
use plan of a part of an urban area in which significant physical development is
planned or likely to or has begun to take place or there is need for development
or redevelopment or revision or upgrading; (c) an urban civic plan, which shall
Physical Planning Act,
be a more elaborate design of a special area or areas of an urban area showing
Legal Basis
2016
layout of buildings, car parking lots and landscaping amongst other details; and
Section 33
(d) a subject physical development plan, which shall be a plan concerned with
a particular subject matter. (2) A local physical development plan, other than
a subject physical development plan, shall be named after the place or area to
which it relates and the kind of plan it is. (3) A subject physical development plan
shall be named after the particular subject matter with which it is concerned. (4)
More than one local physical development plan may be applied to any one area
or place at the same time and one local physical development plan may apply to
more than one area at the same time.
35. (1) A local Government authority shall be responsible for the preparation of
local physical development plans for the area within its jurisdiction. (2) A local
Government authority may delegate the responsibility for the preparation of such
Section 35
plan to a registered physical planner in private practice. (3) The Commissioner
may require any other matter to be included in any local physical development
plan.
10. (4) If a highway authority shall desire to carry out any works on land in a road
reserve in a manner likely to cause damage to any structure on such land it shall
Public Roads Act,
Section 10 give one month’s prior notice to the owner or occupier thereof of its intention:
1962
Provided that in any case in which the structure consists of a building the length
of notice required shall be three months.
Managing Risks for a Safer Built Environment in Malawi / 83
Step 1: Siting
Applicable Law Detailed Sections
Section Nr. Text
10. (6) No person shall do any of the following acts or things on land in a road
reserve without the consent in writing of the highway authority: (a) erect or alter
any structure; (b) plant any tree or bush; or (c) prepare for cultivation any land
Public Roads Act,
Section 10 which was not, when the land became road reserve, prepared for cultivation:
1962
Provided that notwithstanding such consent, neither the person doing such act
or thing nor any who may acquire any interest in the land in question shall be
entitled.
Section 9 9. Freehold land shall not be allocated or granted to any person.
20. A person who uses or occupies any public land and is not of public land
entitled to such use or occupation by virtue of a valid grant, lease or other
disposition made by the Minister under any law for the time being in force at the
Section 20 date of such grant, lease or disposition, commits an offence and upon conviction
shall be liable to a fine of K500,000 and to imprisonment for three years , and,
in the case of a continuing offence, to a further fine of K5,000 in respect of
everyday during which the offence continues.
36. A person shall not sell or otherwise to convey, lease, transfer or assign
Section 36 any private land shall, without prior written consent of the Minister or a local
Land Act, 2016
Government authority to sell, convey, lease, transfer or assign the land.
39. Prior to the expiry of the three years period referred to in section 9(2), where
Legal Basis
a holder of private land under freehold title has not developed the land or has not
shown or effected his intention to develop the land or dispose of it, within two
Section 39
years from the date the holder has been registered, the Minister may, without
prejudice to any other powers conferred on him by this Act or any other written
law: (i) acquire the land under the Lands Acquisition Act.
42. Any authorised officer may at any reasonable time enter upon any land to
Section 42 which section 41 (1) applies for the purpose of ensuring that this Part is being
complied with.
28. (1) The Commissioner, in coordination with Local Authorities, shall
periodically undertake or cause to be undertaken comprehensive hazard,
vulnerability and capacity assessments and mapping at national, local authority
and community level covering all sectors; (2) Without prejudice to the generality
of the foregoing, the Commissioner shall (a) identify and map risks, areas,
ecosystems, communities and households that are exposed or vulnerable to
physical and human-induced threats; (b) review the technical characteristics of
Disaster Risk
hazards such as their location, intensity, frequency and probability; (c) conduct
Management Act, Section 28
periodic analyses of exposure and vulnerability including the physical social,
2017
health, economic and environmental dimensions; (d) regularly evaluate the
effectiveness of prevailing and alternative coping capacities in respect to likely
risk scenarios. (e) facilitate the production of hazard and vulnerability maps for
Malawi; (f) promote use of space-based technologies in disaster risk management
initiatives; and (g) coordinate the development and implementation of capacity
building programs in key institutions responsible for disaster risk identification,
assessment and monitoring.
Applicable Law Detailed Sections
84 / Building Regulatory Capacity Assessment
Step 1: Siting
Section Nr. Text
19. (1) The Minister may declare any customary land in a hazardous land Traditional
Land Management Area to be hazardous land in accordance with the provisions
of this section. (2) Notwithstanding subsection (1), any local Government
authority having jurisdiction in any village may advise the Minister to declare
any customary land as hazardous land if in its opinion it is necessary to do so. (3)
For the purposes of this section, “hazardous land” means land the development
of which is likely to pose danger to life or to lead to the degradation of, or
Customary Land Act, environmental destruction on, that or contiguous land, and includes: a) wetlands
Section 19
2016 and offshore island in the lakes and other water bodies; (b) land designated or
used for the dumping of hazardous waste; (c) land within sixty meters of a river
bank or the shoreline cf an inland lake or such other distance as the Minister may
Legal Basis
specify; (d) land slopes with a gradient exceeding any angle which the Minister
shall, after taking account of proper scientific advice, specify; (e) land specified
by an appropriate authority as land which should not be developed on account
of its fragile nature; or land specified by an appropriate authority as being land
which should not be developed on account of its environmental significance.
Section 74 Section incomplete in the referenced document.
Bylaws of Building Section 75 75. Space in front of the building: Entire section.
Standards of
Lilongwe, 1961 Section 76 76. Space at rear of buildings: Entire section.
Section 77 77. Buildings on site abutting on two or more streets.
Lilongwe Urban Chapter 5.6. Land-use plan for 2030.
Development Master
Plan, 2010 Chapter 5.8. Institutional Measures to Implement Land-Use Zoning.
Managing Risks for a Safer Built Environment in Malawi / 85
Sep 2: Overview of Laws Governing Building Design
Step 2: Design
Applicable Law Detailed Sections
S.23 Overcrowding, S.24 Ventilation and Temperature, S.25 Lighting, S.26 Drainage
Occupational Safety, Health and of floors, S.27 Sanitary conveniences, S.28 Washing facilities, S.30 Change rooms,
Welfare Act, 1997 S.31 Seat, S.32 Facilities for meals), S.38 Hoists and lifts, S.39. Escalators, S.42. Steam
boilers, S.56 Prevention of fire, S.57 Means of escape in case of fire.
Electricity Act, 2004 S.41 Trees or buildings interfering with electricity supply and equipment.
S.29 Design and protection of works, Third Schedule. Minimum section clearance,
Electricity Bylaws, 2012
Fourth Schedule. Minimum heights of overhead lines.
Public Health (Minimum
S.6 Side boundaries, S.7 Latrines, S.8 Minimum area specifications, S.9 Specifications
Buildings Standards for
for latrines, S.10 External doors, S.11 Drainage, S.12 Kitchen, S.13 Foundations, S.14
Traditional Housing Areas) Rules,
Walls, S.15 Floors, S.16 Roofs, S.17 Screens, S.18 Notice to be given.
1971
Legal Basis
Environment Management Act,
S.24 Projects for which an environmental impact assessment is required.
1996
S.22 Registers, S.23 Architects and surveyors must be registered, S.25 Qualification for
Architects and Quantity
registration as an architect, S.31 certification of registration, S.35. Unlawful practice of
Surveyors Act
architecture or quantity surveying.
S.19 Registers, S. 20 Engineers must be registered, S.22 Registration as a registered
Engineers Act, 1972
engineer, S.38 Unlawful practice of engineering.
S.43 Exempted development permission, S.44 Permitted development, S.45 Types of
permitted development, S.46 Application for development permission, S47. Power
to obtain information concerning application, S.48 Power of the minister concerning
Physical Planning Act, 2016 applications, S.49 Consultations in relation to applications, S.50 Consideration of
applications, S.71 Appeals, First Schedule. Permitted development.
Application should be made by a physical planner (S. 46(2)).
S.9 Prohibition of Discrimination in Accessing Premises and the Provision of Services
Disability Act, 2012
and Amenities, S.19 Cultural and Sporting Activities, and Recreational Activities.
Tourism and Hotels (Minimum
S.26 Emergency exits, S.39 Planning Approval.
Standards) Regulations, 2005
S.21 to S.29 General load bearing requirements, S.30 to S.32 Fire resistance, S.33 to
S.38 Fire resistance of small houses, S.39 to S.48 to Fire resistance of buildings other
than small houses, S. 49 to 50 Fire resistance - Miscellaneous provisions applying to all
Legal Basis
buildings, S.51 to S.52 Roofs, S. 53 Floors: Resistance to moisture, S.80 Windows, S.83
Ventilation of staircase, S.83a Height of ground floor, S.84 Height of habitable rooms,
Bylaws of Building Standards of
S.85 Thermal insulation of houses, S.88 Drainage of roofs, S.102 to S.108 Sanitary
Lilongwe, 1961
convenience, S.109 to 110 Cesspools and septic tanks, S.112 Swimming pools, S.113
Rainwater tanks, S.118 Penalties, S.119 Prescribed period, S.20 Fees Schedule, First
schedule: Deposit of plans and other particulars, Second schedule: Calculation of
loading, Third and fourth schedule: Rules to satisfy requirements as to stability and fire
resistance.
Monuments end Relics Act, 1991 S.13 Prohibition on alteration, etc., S.29 Rescue archaeology.
86 / Building Regulatory Capacity Assessment
Institutions Involved
(Activity 01) Obtain the Location Plan
Ministry of Lands, Housing and Urban Development (MoLHUD, City Council,
Malawi Housing Corporation, Airport Limited, etc.)
Department in charge of the location plan.
(Activity 02) Obtain the Environmental Impact Assessment
Relevant Institutions
Department of Environmental Affairs (Ministry of Natural Resources, Energy and Environment)
Department in charge of the EIA.
(Activity 03) Obtain the Development Approval
Lilongwe City Council
1. Submit the application file to the Development Control Section, 2. Inspect the plot, 3.
Perform a preliminary check, 4. Calculate the fees, 5. Calculate the fees, 6. The user pay
the fees and the project is registered, 7. The user receive an application number, 8. Obtain
architectural plans approval notification through the scrutinisation of the Town and Planning
Building control section Technical sub-committee (Building Department of LCC, Institute of Architects of Malawi,
Institute of engineers of Malawi, the Roads Authority, the Physical Planning Institute of Malawi,
Department of Health of the City Council, the Fire section, others Governmental agencies), 9.
Formulate recommendations, 10. Decision of the Town and Planning Committee, 11. Sign the
development approval.
Managing Risks for a Safer Built Environment in Malawi / 87
Step 2: Detailed Provisions of Laws Governing Building Design
Step 2: Design
Applicable Law Detailed Sections
Section Nr. Text
23. (1) A workplace shall not, while work is carried on, be so overcrowded as to
cause risk of injury to the health of the persons employed therein. (2) For purposes
of subsection (1), a workplace shall be deemed to be overcrowded if the number
of persons employed at any one time in any workroom is such that the amount of
Section 23
cubic space allowed for each person so employed is less than eleven cubic meters.
(3) Every workroom shall be not less than three meters in height, as measured from
the floor to the lowest point of the ceiling or, where there is no ceiling, to the lowest
point of the roofing material.
24. (1) Every workplace shall have effective and suitable provision for securing and
maintaining the circulation of fresh air in each workroom, adequate ventilation of
Section 24 the room, and for rendering harmless, so far as practicable, all such fumes, dust and
other impurities generated in the course of any process or work carried on in the
workplace as may be injurious to health.
25. (1) Every workplace shall have effective provision for securing and maintaining
Section 25 sufficient and suitable lighting, whether natural or artificial, in every part of a
workplace in which persons are working or passing.
Where any process is carried on which renders the floor at any workplace liable to
Legal Basis
Section 26 be wet, and the wet is capable of being removed by drainage, effective means shall
Occupational be provided and maintained for drainage and disposal of the wet.
Safety, Health 27. (1) Every occupier shall provide sufficient and suitable sanitary conveniences for
and Welfare Act, persons employed in the workplace, which shall be maintained and kept clean, and
1997 effective provision shall be made for lighting the conveniences and, where persons
Section 27 of both sexes are or are intended to be employed (except in the case of workplaces
where the only persons employed are members of the same family dwelling there),
such conveniences shall afford proper separate accommodation with a distinct
approach for persons of each sex.
28. (1) Every occupier shall provide at a workplace separate washing facility for
male and female employees, easily accessible, in the proportion of at least one
wash hand basin and one shower for every twenty employees, per a shift where
Section 28
shifts are operational. (2) The washing facilities referred to in subsection (1) shall be
maintained in a clean and orderly condition for the use of all persons employed and
shall have separate entrances for each sex.
31. (1) Every occupier shall provide and maintain at a workplace a sufficient number
of seats for the use of those employees whose work is ordinarily performed standing
Section 31
and shall permit such employees to take advantage of any opportunities for resting
which may occur in the course of their employment.
32. (1) Every occupier shall provide and maintain in good condition, suitable facilities
where employees may prepare and consume their meals. (2) No person shall be
Section 32
permitted to consume food or drink in any room where any poisonous or otherwise
injurious substance is so used as to give rise to any dust or fume.
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38. (4) Every hoist way or lift way shall be efficiently protected by a substantial
enclosure fitted with gates, being such an enclosure as to prevent, when the gates
are shut, any person falling down the way or coming into contact with any moving
part of the hoist or lift. (5) Every gate referred to in subsection 4 shall be fitted with
efficient interlocking or other devices to ensure that the gate cannot be opened
Section 38 except when the cage or platform is at the landing and that the cage or platform
cannot be moved away from the landing until the gate is closed. (6) Every hoist or
lift and every enclosure referred to in subsection 4 shall be so constructed as to
prevent any part of any person or any goods carried in the hoist or lift being trapped
between any part of the hoist or lift and any fixed structure or between the counter-
balance weight and any other moving part of the hoist or lift.
39. Every escalator in a workplace shall be examined by a competent person after
every period of six months, and a report of the result of every such examination in
Section 39 the prescribed form and containing the prescribed particulars shall be signed by
the person making the examination and shall be submitted to the Director within
Occupational fourteen days of the date of examination.
Safety, Health 42. (1) Every steam boiler and all its fittings and attachments shall be of good
and Welfare Act, Section 42 construction, sound material, adequate strength and free from patent defect, and
1997 shall be properly maintained.
56. (1) There shall be provided and maintained in every workplace, adequate and
Legal Basis
Section 56
suitable means for extinguishing fire, which shall be readily accessible.
57. (1) Every workplace shall have adequate means of escape in case of fire for the
persons employed therein. (5) Any door in a workplace opening on to any staircase
or corridor from any room in which more than ten persons are employed and, in the
case of any workplace constructed or converted for use as a workplace after the
coming into operation of this Act, all other doors affording a means of exit from the
workplace for persons employed therein, shall, except in the case of sliding doors, be
Section 57 constructed to open outwards. (6) Doors in a workplace giving access to stairways
shall not open immediately on to a flight of stairs, but on to a landing of adequate
width, in no case less than the width of the door opening on to that landing. (10)
Every hoist way or lift way inside a building constructed after the date of coming
into operation of this Act shall be completely enclosed with fire-resisting materials,
and all means of access to the hoist or lift shall be fitted with doors of fire-resisting
materials.
41. (4) Except with the permission of the licencee, no person shall erect any building
or structure in the wayleave or in such a position or in such a manner as to be likely to
interfere with the supply of electricity through any transmission line or distribution
Electricity Act, line and, if, after a transmission line or distribution line has been constructed, any
Section 41
2004 person erects any building or structure in the wayleave or in such a position or in
such a manner as to be likely to interfere with the supply of electricity through such
transmission line or distribution line, the licencee may request such a person to
remove or adjust such a building or structure as may be necessary.
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Section Nr. Text
A licenee shall ensure that high-voltage conductors and high-voltage live parts,
unless completely surrounded and protected by earthed metal have the minimum
Section 29 section clearances set out in the Third Schedule hereto attached or are guarded by
Electricity a protective barrier in order to prevent inadvertent touching or dangerous approach
bylaws, 2012 by a person standing on any floor-level, walkway, stairway or working platform.
Third Schedule Minimum section clearance.
Fourth Schedule Minimum heights of overhead lines.
6. No building shall be erected within 10 feet of any side boundary of the plot on
Section 6 which it stands: Provided that a latrine may be sited up to the line of the back
boundary of the plot.
7. Every latrine shall be sited in accordance with the directions of the controlling
Section 7
authority.
8. (1) Every dwelling house shall have a minimum floor area of 40 square feet for
each person to be accommodated therein. (2) No round house shall have an internal
diameter less than 12 foot. (3) Rectangular houses shall not be smaller than 180
square feet total floor area, and no single wall shall be less than 10 feet in length. Each
occupant of a house shall have at least 40 square feet of floor area in rooms used
Section 8
for sleeping purposes. (4) When thatch is the roof material the height from the floor
to the top of the wall shall be not less than six feet, and when the roof is of iron or
Public Health
aluminium the minimum height of wall shall be not less than eight feet. (5) Where the
(Minimum
window space which opens does not equal or exceed one twentieth of the floor area,
Buildings
an air space four inches in height shall be provided between all the walls and the roof.
Standards for
Legal Basis
Traditional 9. (1) Every dwelling house shall be provided with a latrine, the doorway of which
Section 9
Housing Areas) shall be suitably screened from view.
Rules, 1971 10. Every dwelling house shall be provided with an external door or doors to the
Section 10
satisfaction of the controlling authority.
11. Drainage Storm water drainage shall be provided and the filling of holes and
Section 11 clearing of the site shall be completed by the house owner to the satisfaction of the
controlling authority on or before the date of completion of the building.
12. Each dwelling house shall be provided with a kitchen of not less than 24 square
Section 12 feet floor area and with adequate ventilation to the satisfaction of the controlling
authority.
13. Foundations shall be adequate to support the load transmitted to them and shall
be constructed in such a manner as the controlling authority may approve. Every
Section 13
foundation shall be laid on ground of such compressive strength as will carry the
total loads imposed.
Public health (Minimum buildings standards for traditional housing areas) rules, 1971
14. Walls shall be constructed of materials approved by the controlling authority.
They shall have a smooth internal finish and external protection in accordance with
Section 14
best local customs except where the controlling authority may require any other
form of finish.
15. Every floor shall have a smooth finish and shall be at least four inches above the
Section 15 surrounding ground level. A floor may be constructed of well compacted earth or of
such materials as will provide a smooth hygienic finish.
Every roof shall be of thatch or of asbestos, tiles, corrugated iron or aluminium or of
Section 16
such other material as may be approved by the local authority.
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Public Health 18. Every person proposing to erect any dwelling house to which these Rules
(Minimum apply shall give notice to the controlling authority, or to any representative thereof
Buildings appointed under rule 22, of his intention to build and shall supply such particulars
Standards for Section 18 of the proposed building and materials as the controlling authority or such
Traditional representative shall require. No person shall commence any building operations
Housing Areas) until the written authority of the controlling authority or any such representative
Rules, 1971 has been obtained.
Environment 24. The Minister may, on the recommendation of the Council specify, by notice
Management Section 24 published in the Gazette, the types and sizes of projects which shall not be
Act, 1996 implemented unless an environmental impact assessment is carried out.
22. (1) The Board shall, for the purposes of this Act, keep and maintain, in the
Section 22
appropriate prescribed forms: (a) a Register of Architects.
23. (1) Save where this Act otherwise provides, no person shall engage in the
practice of architecture or quantity surveying in Malawi or hold himself out as being
entitled so to do, unless he is registered under this Act. (2) Any person who engages
Section 23 in the practice of architecture or quantity surveying in contravention of subsection
(1) shall not be entitled to recover in any court any charge or fee in respect of any
architectural or quantity surveying work or activity done or performed by him in the
course of his practice which constitutes a contravention of subsection (1).
25. Any person may, upon making application for registration, be registered as an
Architect provided that he proves to the satisfaction of the Board that his professional
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and general conduct has been such as not, in the opinion of the Board, to debar him
from registration and that he: (a) is a member of the Malawi Institute of Architects
or such other institution or society as the Minister may, by notice published in the
Architect
Section 25 Gazette, declare to be of adequate standing; and (b) either: (i) has passed a qualifying
and quantity
examination approved by the Board and has had at least two years’ practical training
surveyor Act,
in the work of an Architect to the satisfaction of the Board; or (ii) has satisfied the
1992
Board that he possesses a qualification which, in the opinion of the Board, furnishes
a sufficient guarantee of the possession of the requisite knowledge and skill for the
efficient practice of the work of an Architect.
31. The Registrar shall issue to every person registered as an Architect, Graduate
Architect, Architectural Technician, Quantity Surveyor, Graduate Quantity Surveyor,
Section 31
Quantity Surveying Technician, as the case may be, under this Act, a certificate of
registration in the appropriate prescribed form.
35. Save where this Act otherwise provides, any person who is not registered under
this Act, and who in Malawi: (a) engages, or purports to engage, in the practice of
architecture or quantity surveying; (b) holds himself out as being entitled to engage
Section 35 in the practice of architecture or quantity surveying; (c) does or performs, or purports
to do or perform, any act or thing which, under this Act may be done or performed
exclusively by a person registered under this Act, shall be guilty of an offence and
liable to a fine of K5,000 and to imprisonment for a term of one year.
19. (1) The Board shall, for the purposes of this Act, keep Registers and maintain,
Engineers Act,
Section 19 in the appropriate prescribed forms: (a) a Register of Engineers; (b) a Register of
1972
Graduate Engineers; and (c) a Register of Selected Registered Engineers.
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20. (1) Save where this Act otherwise provides, no person shall engage in the
Section 20 practice of engineering in Malawi, or hold himself out as being entitled so to do,
unless he is registered under this Act.
22. (1) Any person shall be entitled to make application for registration as a registered
engineer under this Act if: (a) he has attained the age of 25 years; and (b) he has, in
consequence of an examination, obtained from an approved institution a degree or
other qualifying certificate which the Board considers acceptable for registration;
Section 22
and (c) he has passed the appropriate Engineering Qualifying Examination; and (d)
Engineers Act, he has, for the prescribed period, been registered as a Graduate Engineer under this
1972 Act, and has complied with all of the conditions attached to his registration as such
Graduate Engineer.
38. Save where this Act otherwise provides, any person who is not registered under
this Act, and who, in Malawi: ( a) engages, or purports to engage, in the practice of
engineering; or (b) holds himself out as being entitled to engage in the practice of
Section 38 engineering; or (c) does or performs, or purports to do or perform, any act or thing
which., under this Act may be done or performed exclusively by a person registered
Legal Basis
under this Act, shall be guilty of an offence and liable to a fine of one thousand
Kwacha and to imprisonment for a term of one year.
43. (1) Nothing in this Part shall affect the mandate of a customary land committee
under the Customary Land Act, 2016 to authorise the use and occupation of any
customary land or customary estate within its area in accordance with the Customary
Land Act, 2016, but where such land is in a land development control area, such
Section 43
authorisation shall not operate as a development permission and it shall be the duty
of the occupant of the customary land or customary estate to apply for development
permission unless the proposed development is an exempted development under
Physical this Act.
Planning Act, 44. (1) The types and classes of development set out in the First Schedule hereto
2016 Section 44 shall, to the extent provided, be permitted development under this Act and shall be
exempt from development permission under this Act.
45. The types of development permission that may be granted under this Part are
as follows: (a) an outline development permission and development permission
for development anywhere in Malawi including within a land development control
Section 45
area; (b) an advertisement permission for the display of advertisements anywhere
in Malawi; or (c) a subdivision permission for the subdivision of land within a
subdivision control area.
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46. (1) An application for development permission under this Part shall be: (a) made
to:(i) a local Government authority, in case of any development within the area of
its jurisdiction; or (ii) the Commissioner, in every other case; (b) in a prescribed form;
and (c) accompanied by a prescribed fee payable to Government and shall include
such other information as the local Government authority or the Commissioner
may require. (2) An application for development permission shall be submitted
by a registered physical planner being an agent of the applicant. (3) Where the
development permission applied for is of national interest, the local Government
authority or the Commissioner, as the case may be, shall forward the application to
the Council for approval. (4) The responsible authority may, by written notice served
on an applicant for the grant of a development permission require the applicant
to do either or both of the following: (a) publish details of his application at a time
or times in a place or places and in a manner specified in the notice; or (b) give
Section 46
details of his application to the persons and authorities and in a manner specified
in the notice. (5) Pursuant to the notice given in subsection (3), a person with an
interest in the published notice may make a submission outlining his interest in the
publication, to the responsible authority. (6) In making its decision on an application
for a grant of development permission, the responsible authority shall take into
account any submission made under subsection (4). (7) A responsible authority shall
Legal Basis
Physical
in writing notify the applicant for a development permission of its decision on the
Planning Act,
application, giving, where it grants the permission, the conditions, if any, upon which
2016
it is granted and, where it refuses the permission, a brief of reasons for the refusal.
(8) The responsible authority shall, within thirty days of the receipt of an application
for development permission, inform the applicant of the decision on the application,
or where no decision has been taken, of the progress on the application, and the
likely date by which a decision will be taken.
47. (3) The responsible authority may defer a decision on an application for the
grant of development permission until the responsible authority is satisfied on the
Section 47 matters in respect of which it requires information or permission to enter on the
land to which the application relates has been granted, provided that any deferment
to make a decision under this subsection shall not exceed a period of sixty days.
48. The Minister may from time to time, by order published in the Gazette, or in any
individual case, by directions or instructions in writing under his hand, withdraw an
Section 48 application or class of applications for development permission from the jurisdiction
of the responsible authority and reserve the power to make a decision on that
application or class of applications to himself.
49. (1) A responsible authority may, on receipt of an application for development
Section 49 permission, consult with and seek information from any of the following persons
and authorities as may be necessary for the satisfactory disposal of the application.
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50. (1) In considering any application for development permission, the responsible
authority shall, and subject to this Act or any other written law, take such of the
following matters into account as it considers necessary for the satisfactory disposal
of the application: (a) any district physical development plan or local physical
development plan applicable to the area; (b) such information and advice as it has
received under section 46; (c) the foreseeable impact of the proposed development
on the natural or built environment and on adjacent uses of land; (d) the quality and
economy of the proposed development, its proposed layout and the quality of its
Section 50 architectural designs; (e) consideration of noise, air, water and ground pollution, and
Physical any other detrimental effect the proposed development may have on the amenity
Planning Act, and built environment of the area and adjoining land uses; (f) traffic considerations;
2016 (g) the contribution the proposed development may make to economic and social
facilities and welfare, including employment, within the area; (h) the financial and
other resources available to the person who has applied for development permission;
(i) whether the proposed development is desirable, convenient or necessary having
regard to the public interest; and (j) any other consideration which the Minister
requires the responsible authority to have regard to.
71. (2) Where a person wishes to appeal against any notice or decision referred to
Section 71 in subsection (1), he shall submit a notice of appeal to the Council, within thirty days
of the receipt of the notice or decision to be appealed against.
Legal Basis
First schedule Permitted Development.
9. (1) No person shall be denied access or admission to any premises or the provision
of any service or amenity, on the basis of disability. (2) A person who contravenes
Section 9 subsection (1) commits an offence and is liable to — (a) in the case of a natural
person, a fine of K100,000 and imprisonment for twelve months; or (b) in the case
Disability Act, of a body corporate, a fine of K1,000,000.
2012 19. (1) The Government shall: (b) take appropriate measures to ensure that persons
with disabilities have access to: (ii) places of cultural performances or services, such
Section 19 as theatres, museums, cinemas, libraries and tourism services, and, as far as possible,
to monuments and sites of national and cultural importance; and (iii) specific
development programs for sports, both in and out of school.
Tourism Section 26 26. Emergency exits shall be provided and clearly indicated.
and Hotels
(Minimum Guesthouses shall satisfy the following requirements: (1) Planning approval for the
Standards) operation of a guesthouse from relevant authorities, (2) Fire safety precautions
Section 39
Regulations, approved by the relevant authorities, (3) A reasonable standard of exterior and
2005 interior decoration.
Bylaws of
Building
(Various sections are relevant).
Standards of
Lilongwe, 1961
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29. (1) A person in charge of any survey, excavation, exploration, construction or
new development shall, at the earliest stages of planning for such activities, give
notice to the Minister to enable, where necessary, rescue archaeology to be carried
out in accordance with subsection (2). (2) Rescue archaeology of a monument or
Section 29 relic under subsection (1) shall be carried out by the Chief Antiquities Officer or
Legal Basis
any qualified person with an excavation permit issued by the minister, and the
Monuments and cost of such work shall, unless the Minister otherwise directs, be borne by the
Relics Act, 1991 person in charge of any survey, excavation, exploration, construction or other
development.
13. (1) No person shall without the prior written consent of the minister: (a) make
any alteration to, or destroy or damage, any monument or relic or any part thereof;
Section 13 or (b) carry out cultivation or mining project or other work so as to cause, or likely
to cause, damage or disturbance to nay protected monument or protected relic.
(2) A person who contravenes subsection (1) shall be guilty of an offence.
Managing Risks for a Safer Built Environment in Malawi / 95
Step 3: Overview of Laws Governing Building Construction
Step 3: Construction
Applicable Law Detailed Sections
Public Health (Minimum Buildings
Standards for Traditional Housing S.21 Entry and inspection, S.23 Penalties.
Areas) Rules, 1971
Land Act, 2016 S.45. (1)(4) Summons for trespass, encroachment or unlawful occupation.
Electricity Act, 2004 Part VIII. Rights Over Land S.40 to S.44 (affectations produced by constructions).
S.6 Registration of workplaces, S.7 Premises not to be used as a workplace
unless registered, S.8 Application for erection or alteration of workplaces, S.22
Occupational Health and Safety Act,
Cleanliness, S.26 Drainage of floor, Sanitary conveniences, S.40 Cranes and
1997
other lifting machines, S.56 Prevention of fire, S.73 Powers of inspectors, S.76
Improvement notices.
National Construction Industry Act,
S.20 Prohibition of carrying on business, etc.
Legal Basis
1996
National Construction Industry
S.2 Application fees.
(Application Fees) Regulations, 1998
National Construction Industry (Fees
S.3 Forms.
and Forms) Regulations,
Monuments and Relics Act, 1991 S.56 Offence .
Tourism and Hotels (Minimum
S.25 Fire-fighting equipment, S.26 Emergency exists,.
Standards) Regulations, 2005
Bylaws of Building Standards of
S.6 Notice of commencement and completion of certain stages of work
Lilongwe, 1961
S.51 Time and completion of development, S.52 Revocation of grant of
a development permission, S.54 Development not to take place without
permission, S.55 Enforcement notice, S.56 Reconsideration of enforcement
Physical Planning Act, 2016
notice, S.57 Matter to be taken into account on enforcement notice, S.58
Action in pursuance of enforcement notice, S.59 Stop notice, S.60 Development
Permission subsequent upon unauthorised development.
Institutions Involved
(Activity 01) Register the Workplace
Directorate of Occupational Safety and Health
Relevant Institutions
OSH Project Registration Department
(Activity 02) On-Site Inspections
Lilongwe City Council
Building Inspection Deptartment Inspections on site in order to verify the compliance to the laws and regulations.
(Activity 03) Issuance of the Occupancy Certificate
Lilongwe City Council
Technical sub-committee
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21. (1) Any person authorised by a controlling authority may with or without
workmen or others at all reasonable times enter upon the site of any building for
the purpose of the inspection of such building whether under construction or
Public Health already constructed, or for the purpose of securing compliance with any of these
(Minimum Section 21 Rules. (2) Every person shall comply forthwith with any written notice given by a
Buildings controlling authority, or by any representative thereof appointed under rule 22
Standards for requiring any such person to carry out any works, repairs or operations, or to do
Traditional or to refrain from doing anything for the purpose of securing compliance with
Housing Areas) any of these Rules.
Rules, 1971
23. Any person who contravenes any of the provisions of these Rules shall be
Section 23 guilty of an offence and shall be liable to the penalties prescribed in section 138
of the Act.
45. (4) When determining in accordance with subsection (2), the period of time
which shall be allowed to the defendant within which to vacate the land, the
magistrate court shall take into consideration the period of time which may
reasonably be required to enable the defendant, if he be so minded, for his own
use and benefit— (a) to take down, disassemble and remove from the land, or
Land Act, 2016 Section 45 any part thereof, any buildings, structure, fence or improvement of any kind
whatsoever which he may have erected upon or made to the land; (b) to harvest,
collect, take-in and remove from the land or any part thereof, any crops, plants,
Legal Basis
trees, shrubs or other matter which he may have sown, planted or cultivated
on the land during his occupation thereof; and (c) to remove from the land any
chattels belonging to him.
40. (1) Any member, or staff or agent of the licensee, duly authorised in that
behalf by the licensee, and any contractor executing any work for the licensee
together with its agents and staff may, on giving to the occupier such notice
as, having regard to all the circumstances of the case, is reasonable, enter
Section 40
upon land at any time between the hours of six o’clock in the forenoon and six
o’clock in the evening for the purpose of surveying, setting out and marking
the line of any intended transmission line or distribution line, water pipe line or
other equipment.
41. (4) Except with the permission of the licensee, no person shall erect any
building or structure in the wayleave or in such a position or in such a manner as
Electricity Act, to be likely to interfere with the supply of electricity through any transmission
2004 line or distribution line and, if, after a transmission line or distribution line has
Section 41 been constructed, any person erects any building or structure in the wayleave or
in such a position or in such a manner as to be likely to interfere with the supply
of electricity through such transmission line or distribution line, the licensee
may request such a person to remove or adjust such a building or structure as
may be necessary.
42. (1) Subject to subsection (2), where the licensee has acquired the right to
place the transmission line or distribution line across, under or along any street
Section 42 either in accordance with the Act or any other written law, the licensee may
breakup any street in which such right has been acquired and may from time to
time as may be necessary repair, alter or remove any such lines.
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Section Nr. Text
44. (1) The licensee shall make good to the reasonable satisfaction of
caused by licensee the local or other authority, or the owner, as the case may
be, of all public and private roads, streets and paths opened or broken up by the
Section 44
licensee in the course of its operations and shall also pay fair and reasonable
compensation or rent or both for all losses or damage caused in the execution
of any of its powers conferred by this Act.
6. The Director shall keep a register of workplaces in which he shall cause to be
Section 6 entered such particulars in relation to every workplace required to be registered
under this Act as he may consider necessary or desirable.
7. (1) No person shall occupy or use a workplace unless he is the holder of: (a)
a registration certificate issued in respect of such premises under section 9 (2);
(b) a current provisional registration permit issued in respect of such workplace
Section 7
under section 9 (3). (2) The occupier of a registered workplace shall not carry
on therein any activity referred to in section 3 other than that specified in the
registration certificate or provisional registration permit, as the case may be.
8. (1) Every person who intends to: (a) erect or cause to be erected any building
for use as a workplace; or (b) effect any structural or other alteration to any
premises registered as a workplace under this Act; or (c) alter or add to any
Section 8 existing building not registered as a workplace under this Act with the intention
of using such building or a portion thereof as a workplace, shall submit to the
Legal Basis
Director, in duplicate in the prescribed form, plans of the site, and of the proposed
building, alterations or additions, together with the prescribed particulars.
Occupational
Health and Safety 22. (1) Every person who intends to: (a) erect or cause to be erected any
Act, 1997 building for use as a workplace; or (b) effect any structural or other alteration
to any premises registered as a workplace under this Act; or (c) alter or add
to any existing building not registered as a workplace under this Act with the
intention of using such building or a portion thereof as a workplace, shall submit
to the Director, in duplicate in the prescribed form, plans of the site, and of
the proposed building, alterations or additions, together with the prescribed
particulars.
22. (2) If the Director considers that: (a) the proposed structural or other
alterations to any premises registered as a workplace under this Act would result
in such a workplace unsuitable in terms of the regulations for use as a workplace
Section 22 in respect of the activity which is specified in the registration certificate for such
a workplace; or (b) the proposed building or additions or the building altered
in the manner proposed would not be suitable in terms of the regulations for
use as a workplace of the nature proposed, he shall disapprove such plans and
particulars and shall give reasons for his disapproval. (3) Where, in accordance
with any written law, application is made to a local authority or a town planning
committee for the approval of any plans for the erection, rebuilding or alteration
of any building used or intended to be used for a workplace, such local authority
or town planning committee, as the case may be, shall submit such plans to the
Director for examination by him, and shall not approve such plans unless the
Director has notified the local authority or town planning committee, as the
case may be, in writing that he considers the building will be suitable for use as
workplace of the nature proposed.
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40. (1) All parts and working gear whether fixed or movable, including the
anchorage and fixing appliances, of every crane or other lifting machine shall be
of good construction, sound material, adequate strength and free from patent
defect, and shall be properly maintained. (3) No lifting machine shall be taken
into use in any workplace for the first time in that workplace unless it has been
Section 40 tested, and all such parts and working gear of the machine as are specified in
subsection (1) have been thoroughly examined by a competent person, and that
person has issued a signed certificate specifying the safe working load or loads
of the machine. (6) No lifting machine shall, except for the purpose of a test, be
loaded beyond the safe working load as marked or indicated in accordance with
this section.
56. (1) There shall be provided and maintained in every workplace, adequate
and suitable means for extinguishing fire, which shall be readily accessible. (2)
Chemical fire-extinguishers shall be freshly charged at intervals not greater than
those specified by the manufacturers, or otherwise once annually, and tested by
Occupational the application of such hydraulic pressure thereto as shall be suited to the type
Health and Safety Section 56 of extinguisher tested, at intervals of not more than four years; and the dates of
Act, 1997 recharging the extinguisher and the last hydraulic test shall be clearly marked
on the body of the extinguisher or on a tab securely attached thereto. (5) No
person shall smoke in any part of a workplace where volatile and inflammable
Legal Basis
substances are used, and a notice prohibiting smoking shall be posted in a
conspicuous place in every such part of the workplace.
73. (1) An inspector shall, for the purpose of administering, monitoring, and
enforcing the provisions of this Act, have power: (a) to enter, inspect and examine
Section 73
without prior notice, at all reasonable times a workplace, and every part thereof,
when he has reasonable cause to believe that any person is employed therein.
76. (1) If an inspector is of the opinion that a person: (a) is contravening any
provision of this Act or regulations made thereunder; or (b) has contravened
one or more of the provisions of this Act or regulations made thereunder in
Section 76
circumstances that make it likely that the contravention will continue or be
repeated, the inspector may serve on any such person a notice (in this Part
referred to as an “improvement notice”).
National 20. (1) No person shall carry on business in the construction industry in Malawi
Construction Section 20 unless he is registered under this Act. (2) No person being registered under this
Industry Act, 1996 Act shall carry on business of a category in respect of which he is not registered.
National
Construction
2. A non-refundable fee of one hundred and fifty kwacha shall be paid by each
Industry Section 2
applicant to the Council upon application for registration.
(Application Fees)
Regulations
National
3. The forms set out in the Second Schedule shall be used for the purpose of
Construction
the Act, and such particulars are contained in these forms and not particularly
Industry (Fees Section 3
prescribed by the Act are hereby prescribed as particulars required under the
and Forms)
Act.
Regulations
Managing Risks for a Safer Built Environment in Malawi / 99
Step 3: Construction
Applicable Law Detailed Sections
Section Nr. Text
Monuments and 56. Any person guilty of an offence under this Act shall be liable to a find of
Section 56
Relics Act, 1991 K10,000 and to imprisonment for three years.
6. A person (hereinafter in this Bylaw called “the builder”) carrying out, or
intending to carry out, any operation which is by virtue of Bylaw 2, 3, or 4 an
operation to which any of these bylaws apply, shall furnish the Council with not
Bylaws of Building
Section 6 less than twenty-four hours’ notice in writing: (a) Of the date and time at Which
Standards, 1961
the operation will be commenced, and (b) Before the covering- up of any drain,
private sewer, concrete or other material laid over a site, foundation, or damp-
roof courses.
51. (1) A development permission shall lapse and shall cease to have any effect if
Section 51 the development to which it relates has not been commenced within two years
of the date of the grant of that development permission.
Legal Basis
52. (1) A responsible authority may, or on the directions of the Minister shall,
Section 52 by written notice served on a person who has obtained a grant of development
permission, revoke in whole or in part that grant of development permission.
54. (1) A person shall not commence the development of any subdivision of
any land or display any advertisement on any land or building to which this Part
Section 54 applies unless he has first obtained a grant of development permission or except
where the development, subdivision or display of advertisement is permitted
Physical Planning
development under this Act.
Act, 2016
55. (1) A responsible authority may, in any case where it considers that
unauthorised development has taken place, by written notice a copy of which
shall be served on the owner and occupier of the land or building to which the
Section 55 notice relates, require that person or those persons to take such action within
such time, being not less than thirty days from the date of the service of a copy
of the enforcement notice, in relation to that development as may be specified
in that notice.
56. (1) At any time within thirty days of the service of an enforcement notice, a
Section 56 person on whom such a notice has been served may by giving reasons in writing
request the responsible authority to reconsider the enforcement notice.
100 / Building Regulatory Capacity Assessment
Step 3: Construction
Applicable Law Detailed Sections
Section Nr. Text
57. (1) A responsible authority shall, in considering whether to serve or in
reconsidering an enforcement notice, take such of the following matters into
account as it may consider necessary to determine the question before it
satisfactorily: (a) the nature and extent of the unauthorised development; (b) the
harm to the natural and built environment and the degree of nuisance caused
to adjacent development; (c) the length of time the unauthorised development
has existed; (d) the likely expense to the person or persons who may have been
Section 57
served with an enforcement notice and their capacity to meet that expense;
(e) the benefits of the unauthorised development; (f) the possible alternative
measures which could be taken to rectify or regularise the unauthorised
development; (g) whether it is necessary, desirable or convenient, having regard
to the public interest to serve or confirm an enforcement notice; (h) any other
material consideration; and (j) any consideration which the responsible authority
is directed by the Minister to take into account.
58. (1) The action which a responsible authority may require to be taken by
Legal Basis
a person on whom an enforcement notice has been served to rectify the
unauthorised development to which the enforcement notice relates may be
Physical Planning the following: (a) to pull down or remove a structure in whole or in part; (b)
Act, 2016 to erect or re-erect a structure in whole or in part; (c) to restore land as near
Section 58 as may be to the appearance and state which it had before the unauthorised
development took place including the replanting of any vegetation; (d) to display
an advertisement in the place permitted by a development permission; (e) to
cease any use of land or buildings; and (f) to do or take any action which in the
opinion of the responsible authority will assist in the ending of the unauthorised
development.
59. (1) Where a responsible authority is of the opinion that a person is carrying
out unauthorised development, the responsible authority may serve a stop
Section 59
notice requiring that person to cease the activity or such portion of it as may be
specified in the stop notice.
60. (1) A responsible authority may in any case where it considers that
unauthorised development has taken place, by written notice served on the
Section 60 owner and occupier of the land or building in respect of which the unauthorised
development has taken place, require that person or those persons to apply for
a grant of development permission.
Managing Risks for a Safer Built Environment in Malawi / 101
Step 4: Overview of Laws Governing Building Use and Maintenance
Step 4: Use and Maintenance
Applicable Law Detailed Sections
Public Health (Minimum Buildings
Standards for Traditional Housing S.19 Restriction on right to occupy, S.20 Restriction of numbers.
Areas) rules, 1971
S.9 Application for registration of workplaces, S.10 Notification of change, S.13
Duties of employers, S.14 General duties of employers and self-employed persons
Occupational Health and Safety Act, to persons other than their employees, S.15 Duties of person, S.16 General duties
1997 of persons in control of workplaces in relations to harmful emissions, S.18 General
Legal Basis
duties of employees at workplaces, S.38 (2) Hoist and lifts, S.39 Escalators, S.56
Prevention of fire.
S.26 Education and training, S.27 (4) Disaster Risk Reduction, S.28 Disaster Risk
Disaster Risk Management Act, 2017 Assessment, S.291(c) Awareness and preparedness, S.30 Establishment of an
integrated early warning system.
Electricity Act, 2004 S.39 Wayleaves over land.
Tourism and Hotels (Minimum
S.25 Fire-fighting equipment.
Standards) Regulations, 2005
Environmental Management Act,
S.27 Environmental audits, S.28 Monitoring existing projects.
1996
Institutions Involved
Relevant Institutions
(Activity 01) Register the Workplace
Occupational Health and Safety Department
Directorate of Occupational Safety Register the Workplace.
and Health
102 / Building Regulatory Capacity Assessment
Step 4: Detailed Provisions of Laws Governing Building Use and Maintenance
Step 4: Use and Maintenance
Applicable Law Detailed Sections
Section Nr. Text
19. No person shall occupy or permit the occupation of any dwelling house to
Public health which these Rules apply until he has obtained from the controlling authority a
(Minimum Section 19 permit in writing authorising occupation of such premises, which permit shall
buildings not be issued unless the controlling authority is satisfied that the construction
standards for of the dwelling house is to a standard not lower than is required by these Rules.
traditional housing 20. Where rooms are used for the housing of employees without their families,
areas) rules, 1971 Section 20 no more than eight persons shall be permitted to sleep in any one room without
the permission in writing of the controlling authority.
9. (1) Application for registration of any premises as a workplace under this Act
Section 9 shall be made to the Director in the prescribed form by the person occupying or
intending to occupy such premises as a workplace.
10. If, at any time after an application has been submitted to the Director in
accordance with section 7 or section 8, any substantial change occurs with
Section 10 respect to the particulars set out in the application, the occupier of the premises
to which the application relates shall forthwith inform the Director in writing of
such change, and every applicant who fails to do so shall be guilty of an offence.
13. (1) It shall be the duty of every employer to ensure the safety, health and
Section 13
welfare at work of all his employees.
General duties of employers and self-employed persons to persons other
than their employees: (1) It shall be the duty of every employer to conduct his
undertaking in such a way as to ensure that persons not in his employment
Legal Basis
who may be affected by the undertaking are not thereby exposed to risks to
Section 14
their safety or health. (2) It shall be the duty of every self-employed person
to conduct his undertaking in such a way as to ensure that other persons (not
being his employees) who may be affected by the undertaking are not thereby
exposed to risks to their safety or health.
Occupational 15. (2) It shall be the duty of every person who has, to any extent, control of
Health and Safety premises to which this section applies, or of the means of access thereto or egress
Act, 1997 therefrom, or of any plant, equipment or substance in such premises, to take such
Section 15 measures as are reasonable for a person in his position to take to ensure that
the premises, or means of access thereto or egress therefrom available for use
by persons using the premises, and any plant, equipment or substance on the
premises or provided for use thereon, is safe and without risks to health.
16. General duties of persons in control of workplaces in relation to harmful
emissions: (1) It shall be the duty of every person having control of any
Section 16 premises to use the best practicable means for preventing the emission into
the atmosphere from the premises of noxious or offensive substances, and for
rendering harmless and inoffensive such substances as may be so emitted.
18. It shall be the duty of every employee while at a workplace: (a) to take
Section 18 reasonable care for the safety and health of himself and that of other persons
who may be affected by his acts or omissions
38. (2) Every hoist or lift shall be thoroughly examined at least once in every
period of six months by a competent person, and a report of the result of
every such examination, in the prescribed form and containing the prescribed
Section 38
particulars, shall be signed by the person making the examination, and shall
within fourteen days be entered in or attached to the general register and a copy
sent to the Director.
Managing Risks for a Safer Built Environment in Malawi / 103
Step 4: Use and Maintenance
Applicable Law Detailed Sections
Section Nr. Text
39. Every escalator in a workplace shall be examined by a competent person after
every period of six months, and a report of the result of every such examination
Section 39 in the prescribed form and containing the prescribed particulars shall be signed
by the person making the examination and shall be submitted to the Director
within fourteen days of the date of examination.
Occupational
Health and Safety 56. (2) Chemical fire-extinguishers shall be freshly charged at intervals not
Act, 1997 greater than those specified by the manufacturers, or otherwise once annually,
and tested by the application of such hydraulic pressure thereto as shall be
Section 56 suited to the type of extinguisher tested, at intervals of not more than four
years; and the dates of recharging the extinguisher and the last hydraulic test
shall be clearly marked on the body of the extinguisher or on a tab securely
attached thereto.
26. (1) The Commissioner, in coordination with the Ministries responsible for
Disaster Risk
education and information, shall promote a culture of safety and resilience
Management Act, Section 26
amongst disaster risk management stakeholders, including communities, by
2017
promoting public awareness, education, training and research.
Disaster Risk Management Act, 2017
27. (1) The Commissioner shall, in collaboration with relevant Lead Agencies,
civil society organisations, and such other bodies or persons as he or she thinks
Legal Basis
necessary: (a) conduct comprehensive vulnerability and risk assessments; (b)
encourage and support the development of community based sustainable
development programs and interventions aimed at reducing the risk and
impact of disasters; (c) promote hazard mitigation measures to reduce losses
from disasters including development of land-use and construction regulations,
Section 27
standards and guidelines; (d) encourage and support the establishment of
resilient critical infrastructures. (4) Notwithstanding anything contained in the
National Construction Industry Act, the National Construction Industry Council
shall develop and enforce appropriate building codes and safety measures to
enhance resilience to prevailing hazards and improve the safety of dwellings,
critical infrastructure and public buildings such as hospitals, schools, bridges
and market places.
28. (1) The Commissioner, in coordination with Local Authorities, shall
periodically undertake or cause to be undertaken comprehensive hazard,
Section 28
vulnerability and capacity assessments and mapping at national, local authority
and community level covering all sectors.
29. (1) It shall be the responsibility of every Government ministry, department
and agency, Local Authority, Disaster Risk Management Committee and civil
society organisation to take disaster preparedness measures designed to afford
Section 29
adequate protection of life and property including: (c) conducting community
meetings and involving communities in exploring and mapping risks and
planning their responses.
30. (1) The Commissioner shall ensure that an effective and integrated early
Section 30
warning system for all hazards is established and functional.
104 / Building Regulatory Capacity Assessment
Step 4: Use and Maintenance
Applicable Law Detailed Sections
Section Nr. Text
39. (1) Subject to the Public Roads Act, a licensee may, for the purpose of the
Electricity Act, construction, maintenance, carrying on or extension of any of its works, place,
Section 39
2004 lay down or carry any transmission line or distribution line or water pipe line or
other equipment through, over or under any land whatsoever.
25. (1) Adequate and appropriate fire-fighting equipment to the satisfaction of
Tourism and
the Board shall be provided in conspicuous places on hotel premises and such
Hotels (Minimum
Section 25 equipment shall be at all-time be maintained in good and working order carrying
Standards)
the current inspection tag. (2) Staff shall be trained to operate the firefighting
Regulations, 2005
equipment and techniques.
Legal Basis
27. The Director shall, in consultation with such lead agency as he may consider
appropriate, carry out or cause to be canted out periodic environmental audits
of any project for purposes of enforcing the provisions of this Act. For purposes
of subsection (1), the Director may require a developer to keep such records
and submit to the Director such reports as the Director may deem necessary.
Section 27
Environmental A developer shall take all reasonable measures for mitigating any undesirable
Management Act, effects on the environment arising from the implementation of a project which
1996 could not reasonably be foreseen in the process of conducting an environmental
impact assessment and shall-, within a reasonable time, report to the Director
such effects and measures.
28. The Director shall take such measures as are necessary for ensuring that the
Section 28 implementation of any project commenced before the coming into force of this
Act complies with the provisions of this Act.
Managing Risks for a Safer Built Environment in Malawi / 105
Step 5: Overview of Laws Governing Building Modifications and Change of Use
Step 5: Modifications and Change of Use
Applicable Law Detailed Sections
Bylaws of Building
Standards of Lilongwe, S.3 Alterations and Extensions, S.5 Material change of use.
1961
Occupational Health,
Safety and Welfare Act, S.8 Application for erection or alteration of workplaces, S.82 Offences.
1997
Legal Basis
Monuments and Relics
S.24 Demolition or alteration,.
Act, 1991
S.43 Exempted development permission, S.44 Permitted development, S.45 Types of permitted
development, S.46 Application for development permission, S47. Power to obtain information
The Physical Planning
concerning application, S.48 Power of the minister concerning applications, S.49 Consultations
Act, 2016
in relation to applications, S.50 Consideration of applications, S.53 Development permission
personal to applicant, S.71 Appeals, First Schedule. Permitted development.
Environmental
Part V - Environment Impact Assessment, Audits and Monitoring (S.25).
Management Act, 1996
Institutions Involved
(Activity 01) Obtain the Location Plan
Ministry of Lands, Housing and Urban Development (MoLHUD, City Council, Malawi Housing Corporation,
Airport Limited, etc.)
Department in charge of the location plan.
(Activity 02) Obtain the Environmental Impact Assessment
Relevant Institutions
Department of Environmental Affairs (Ministry of Natural Resources, Energy and Environment)
Department in charge of the EIA.
(Activity 03) Obtain the Development Approval
Lilongwe City Council
1. Submit the application file to the Development Control Section, 2. Inspect the plot, 3. Perform
a preliminary check, 4. Calculate the fees, 5. Calculate the fees, 6. The user pay the fees and the
project is registered, 7. The user receive an application number, 8. Obtain architectural plans
approval notification through the review of the Town and Planning Technical sub-committee
Building control section
(Building Department of LCC, Institute of Architects of Malawi, Institute of engineers of Malawi,
the Roads Authority, the Physical Planning Institute of Malawi, Department of Health of the City
Council, the Fire section, others Governmental agencies), 9. Formulate recommendations, 10.
Decision of the Town and Planning Committee, 11. Sign the development approval.
106 / Building Regulatory Capacity Assessment
Step 5: Detailed Provisions of Laws Governing Building Modification/
Change of Use
Step 5: Modification/ Change of Use
Applicable Law Detailed Sections
Section Nr. Text
3. (1) Part II to V of these bylaws except by laws 77 to 81 (space about buildings)
shall apply to structural alterations or extensions of a building, whether the building
Bylaws of Building Section 3 has been or is erected before or after the date of the operation of these bylaws, and
Standards, 1961 a person making any such structural alterations shall comply with the requirements
of these parts of bylaws accordingly.
Section 5 5. All the section is relevant.
8. (1) Every person who intends to: (a) erect or cause to be erected any building for
use as a workplace; or (b) effect any structural or other alteration to any premises
registered as a workplace under this Act; or (c) alter or add to any existing building
Section 8 not registered as a workplace under this Act with the intention of using such building
Occupational or a portion thereof as a workplace, shall submit to the Director, in duplicate in
Health, Safety and the prescribed form, plans of the site, and of the proposed building, alterations or
Welfare Act, 1997 additions, together with the prescribed particulars.
82. (1) Every occupier or owner of a workplace who contravenes or fails to comply
Section 82 with any provision of this Act or regulations made hereunder shall be guilty of an
Legal Basis
offence.
24. (1) Any demolition, alteration or extension of a listed monument shall be
Monuments and
Section 24 undertaken only with the written consent of the Minister which may be granted
Relics Act, 1991
subject to such conditions as the Minister may impose.
43. (1) Nothing in this Part shall affect the mandate of a customary land committee
under the Customary Land Act, 2016 to authorise the use and occupation of any
customary land or customary estate within its area in accordance with the Customary
Land Act, 2016, but where such land is in a land development control area, such
Section 43
authorisation shall not operate as a development permission and it shall be the duty
of the occupant of the customary land or customary estate to apply for development
permission unless the proposed development is an exempted development under
this Act.
Physical Planning
44. (1) The types and classes of development set out in the First Schedule hereto
Act, 2016
Section 44 shall, to the extent provided, be permitted development under this Act and shall be
exempt from development permission under this Act.
45. The types of development permission that may be granted under this Part are
as follows: (a) an outline development permission and development permission
for development anywhere in Malawi including within a land development control
Section 45
area; (b) an advertisement permission for the display of advertisements anywhere in
Malawi; or (c) a subdivision permission for the subdivision of land within a subdivision
control area.
Managing Risks for a Safer Built Environment in Malawi / 107
Step 5: Modification/ Change of Use
Applicable Law Detailed Sections
Section Nr. Text
46. (1) An application for development permission under this Part shall be: (a) made
to:(i) a local Government authority, in case of any development within the area of
its jurisdiction; or (ii) the Commissioner, in every other case; (b) in a prescribed form;
and (c) accompanied by a prescribed fee payable to Government and shall include
such other information as the local Government authority or the Commissioner
may require. (2) An application for development permission shall be submitted
by a registered physical planner being an agent of the applicant. (3) Where the
development permission applied for is of national interest, the local Government
authority or the Commissioner, as the case may be, shall forward the application to
the Council for approval. (4) The responsible authority may, by written notice served
on an applicant for the grant of a development permission require the applicant
to do either or both of the following: (a) publish details of his application at a time
or times in a place or places and in a manner specified in the notice; or (b) give
Section 46
details of his application to the persons and authorities and in a manner specified
in the notice. (5) Pursuant to the notice given in subsection (3), a person with an
interest in the published notice may make a submission outlining his interest in the
publication, to the responsible authority. (6) In making its decision on an application
Legal Basis
for a grant of development permission, the responsible authority shall take into
account any submission made under subsection (4). (7) A responsible authority shall
Physical Planning in writing notify the applicant for a development permission of its decision on the
Act, 2016 application, giving, where it grants the permission, the conditions, if any, upon which
it is granted and, where it refuses the permission, a brief of reasons for the refusal.
(8) The responsible authority shall, within thirty days of the receipt of an application
for development permission, inform the applicant of the decision on the application,
or where no decision has been taken, of the progress on the application, and the
likely date by which a decision will be taken.
47. (3) The responsible authority may defer a decision on an application for the
grant of development permission until the responsible authority is satisfied on the
Section 47 matters in respect of which it requires information or permission to enter on the land
to which the application relates has been granted, provided that any deferment to
make a decision under this subsection shall not exceed a period of sixty days.
48. The Minister may from time to time, by order published in the Gazette, or in any
individual case, by directions or instructions in writing under his hand, withdraw an
Section 48 application or class of applications for development permission from the jurisdiction
of the responsible authority and reserve the power to make a decision on that
application or class of applications to himself.
49. (1) A responsible authority may, on receipt of an application for development
Section 49 permission, consult with and seek information from any of the following persons
and authorities as may be necessary for the satisfactory disposal of the application.
108 / Building Regulatory Capacity Assessment
Step 6: Overview of Laws Governing Building Demolition
Step 6: Demolition
Applicable Law Detailed Sections
Legal Basis
Monuments and Relics Act, 1991 S.24 (2) Demolition or alteration.
The Physical Planning Act, 2016 S.61 Cleaning up land and buildings and demolition of unfit buildings.
Institutions Involved
(Activity 01) Obtain the Survey Plan
Ministry of Lands, Housing and Urban Development
1. Request for Folio Registry number search, 2. Pay for Folio Registry number
Department of Surveys search, 3. Submit search payment receipt. 4. Confirm availability of survey plan, 5.
Pay for survey plan, 6. Obtain survey plan.
Relevant Institutions
(Activity 02) Obtain the Approval for Demolition
Lilongwe City Council
1. Submit the application file to the Development Control Section, 2. Inspect the
plot, 3. Perform a preliminary check, 4. Calculate the fees, 5. Calculate the fees, 6.
The user pay the fees and the project is registered, 7. The user receive an application
number, 8. Obtain architectural plans approval notification through the scrutinising
of the Town and Planning Technical sub-committee (Building Department of LCC,
Building Control Section
Institute of Architects of Malawi, Institute of engineers of Malawi, the Roads
Authority, the Physical Planning Institute of Malawi, Department of Health of
the City Council, the Fire section, others Governmental agencies), 9. Formulate
recommendations, 10. Decision of the Town and Planning Committee, 11. Sign the
development approval.
Step 6: Detailed Provisions of Laws Governing Building Demolition
Step 6: Demolition
Applicable Law Detailed Sections
Section Nr. Text
24. (2) In the case of demolition, the owner or occupier of the listed
Monuments and Relics monument shall give two months’ notice in writing to the minister of his
Section 24
Act, 1991 intention and, upon receipt of such notice, the Minister may arrange for a
record of the listed monument concerned to be made.
Legal Bases
61. (1) A responsible authority may, in any case where it considers that: (b) a
building is defectively constructed or has become dilapidated, is run down
or is in need of repair so that it detracts from the built environment, by
Physical Planning Act, written notice served on the owner of land or building, require the owner
Section 61
2016 to take such action within such time, being not less than thirty days from
the date of the notice, as may be specified in the notice, to clean up and
thereafter maintain in a clean state the land or building or commence to
demolish the building.
Managing Risks for a Safer Built Environment in Malawi / 109
Annex 2
Malawi Polytechnic Department of Civil Engineering Materials Testing
Facilities and Rates
THE POLYTECHNIC
DEPARTMENT OF CIVIL ENGINEERING
TESTING CHARGES OF ENGINEERING MATERIALS EFFECTIVE 01st January2018
CONCRETE TESTS RATE (MK)
Compressive Strength of Concrete Cubes (per cube) 1,500.00
Compressive Strength of Cylinder (per cylinder) 2,000.00
Compressive Strength of Bricks (set of 12 bricks) 4,000.00
Compressive Strength of Building Blocks (SSBs, Hollow, etc.) 1500.00
Aggregate Flakiness Index 2,700.00
Schmidt Hammer Test (set of 10 points) 2,500.00
Aggregate Bulk Density (Loose or Vibrated) 2,750.00
Aggregate Crushing Value (ACV) – Screened/Unscreened 3,950.00
Aggregate Impact Value (AIV) 3,950.00
Aggregate Elongation Index 2,800.00
Average Least Dimension 2,850.00
10% Fines Aggregate Crushing Test (TFV) 3,500.00
Concrete Mix Design (Client to Supply Materials) – (set of 6) 15,000.00
Organic Content Determination on Sand 10,500.00
Aggregate Soundness Test per cycle (MgSO4 or NaSO4) 10,500.00
Relative Density Determination Test 2,650.00
Slump Test 7,500.00
Sieve Analysis (Grading) 3,500.00
Water Absorption 7,500.00
Chemical Analysis 35,000.00
Tensile Strength of Steel (set of 3 bars) 6,500.00
110 / Building Regulatory Capacity Assessment
SOIL TESTS
Determination of Natural Moisture Content (NMC) 3,500.00
Determination of Atterberg Limits (Plasticity Index) 4,750.00
Determination of Linear Shrinkage 3,500.00
Determination of Specific Gravity 4,500.00
Particle Size Distribution by Sieve Analysis 4,950.00
Particle Size Distribution by Hydrometer Analysis 10,500.00
Maximum Dry Density (MDD)/Optimum Moisture Content (OMC) 4,500.00
California Bearing Ratio Test (CBR) - Soaked or Unsoaked 6,500.00
Triaxial Test with Pore Water Measurement – set of 3 specimen 5,750.00
Triaxial Test without Pore Water Measurement – set of 3 5,750.00
Unconfined Compression Test 10,500.00
Field Percolation Test 5,000.00
Organic Content 15,000.00
Specific Density 4,500.00
Permeability in Falling Head and Constant Head 7,500.00
pH Determination 4,750.00
Direct Shear 12,500.00
One Dimensional Consolidation 15,000.00
Sedimentation 9,500.00
Field Density (Sand Replacement) - set of 3 holes 7,500.00
Dynamic Cone Penetrometer (DCP) Test - 1.0m depth 7,500.00
Trial Pit (0 – 2m) in Soft Material 7,500.00
Trial Pit (0 – 2m) in Hard Material 10,000.00
CEMENT TESTS
Determination of Density of Cement 10,500.00
Determination of Compressive Strength of Cement 15,000.00
Determination of Setting Time of Cement (Initial/Final) 7,500.00
Determination of Soundness of Cement 7,500.00
Sulphate Content (SO3) 12,500.00
Chloride Content (Cl )-
12,500.00
Loss of Ignition 10,500.00
Insoluble Residue 7,500.00
Determination of Fineness of Cement 6,000.00
Chemical Analyses of Cement 25,000.00
Managing Risks for a Safer Built Environment in Malawi / 111
BITUMEN TESTS
Tray Test 10,000.00
Marshal Stability and Flow Test (3 × 100mm diameter) 10,500.00
Binder Content and Grading of Hot Mix Asphalt 10,500.00
Penetration Test for Bitumen 8,500.00
Viscosity of Bitumen 7,500.00
Ring and Ball Softening Point of Bitumen 9,500.00
Marshal Mix Design for Hot Mix Asphalt 75,000.00
Fire Flashing Point 5,500.00
Ductility Test 8,500.00
Compaction of Briquettes (3 × 100mm diameter) 7,500.00
Bulk Density of Briquettes (3 × 100mm diameter) 6,000.00
Hot Mix Asphalt Cores (set of 10 cores) 12,500.00
112 / Building Regulatory Capacity Assessment
Annex 3
Details of Good Practices Included in the 1961 Building Bylaws of
Lilongwe
1961 BUILDING BYLAWS LILONGWE
Chapter Elements that qre Fully or Partially Covered Commentary
PART II The section concerning structural materials The inclusion of a broader spectrum
Materials classifies them in two categories: Materials of materials is positive to avoid the
Short-lived Materials and Short-lived Materials. The latter proliferation of buildings with materials
category can be useful in special cases, outside from the building code. It is
such as emergency housing and temporary advisable that the British Standard be
constructions (e.g. transitory structures reviewed, updated or replaced in case of
with a reduced lifespan). Design and general being withdrawn in the new regulatory
specifications for materials are based on framework.
the British Standard for: aluminium, steel,
reinforced concrete, masonry, and timber.
Short-lived materials are not accepted for
permanent buildings.
SECOND SCHEDULE The bylaws define live loads1 by considering Defining live loads is fundamental for
Calculation of Loading the future use of the building under study. design under gravity loads, in order to
Loads are defined for floors and roofs. avoid undervaluation and diminish the
Furthermore, the regulations include risk of collapse. It is recommended that
reduction factors for these loads, which is load values and reduction factors should
common in regulations for building design be reviewed and updated according to
that are considered as best practices. British Standards regulations.
FOURTH SCHEDULE The bylaws incorporate mandatory fire Including regulations with fire provisions
Provisions prescribing notional resistance durations for different materials for materials is important to guarantee
periods of fire resistance for and structural elements, taking into account fire resistance and safe evacuation in case
certain elements of construction the thickness requirements for reinforced of emergency.
concrete, masonry walls, and steel elements.
PART III-BUILDINGS The regulations partially consider fire Including regulations to avoid fire spread
FIRE RESISTANCE protection for buildings by establishing and provisions for fire resistance is crucial
specific regulations for materials and to limit casualties, economic losses and to
Fire resistance - small houses structural elements. This includes housing ease the evacuation process.
buildings and other structures, such as
Fire resistance of buildings other Nevertheless, it is advisable that existing
covers on roofs to avoid fire spread, and fire
than small houses regulations be complemented with the
resistance for staircases.
following aspects: fire detection, life
Fire resistance – miscellaneous safety provisions, fire alarm requirements,
provisions applying to all buildings provisions for evacuation routes, and
smoke control and evacuation for stairs
shafts.
VENTILATION OF BUILDINGS Regulation takes into account requirements These provisions are important for the
Windows for lighting and ventilation for habitable welfare of the community.
Windows opening to Courts rooms and toilets.
Ventilation of larders
Ventilation of staircase in buildings
divided into tenements
SANITARY CONVENIENCES
Live Load: load that is not permanently applied to a structure but is likely to occur during the service life of the structure (excluding environmental
1
loads).
Managing Risks for a Safer Built Environment in Malawi / 113
Annex 4
Detailed Analysis of 1961 Building Bylaws of Lilongwe and
Recommendations
1961 BUILDING BYLAWS LILONGWE
Chapter Problem Recommendation
SPACE ABOUT The bylaws do not consider zoning, nor Include a complete classification of the use of buildings.
BUILDINGS height and area limitation of buildings; This is important in order to protect the welfare and
75-79 furthermore, these regulations do not take public health of users, as well as reducing the vulnerability
into account the classification of the use of of new buildings in general.
the buildings. The lack of these regulations
risks the possibility of buildings being
designed without the appropriate vertical
and lateral loads according to its use, thus
increasing the vulnerability of new buildings
in the city.
PART I, PART III and Occasionally, some chapters of the bylaws Include definitions of technical terms across the full
PART IV include definitions and technical terms. document. This item is important because it generates
FIRE RESISTANCE - However, the lack of definition for the a common language for the document and clarifies the
SMALL HOUSES terms and symbols being used in the general meaning of symbols, terms and general notation.
Drainage notation of formulas may lead to inadequate
interpretations and miscalculations.
PART I Regulations don’t consider building Include “importance factors” according to the use of the
categories related to lateral load design building to consider building categories for lateral load
(wind, and seismic loads), which can be design. These factors have been adopted by several
essential for design that incorporates international building codes to “improve the capability of
appropriate building measures and effective essential facilities and structures containing substantial
emergency response. This void can increase quantities of hazardous materials to function during
the general vulnerability of new and existing and after design earthquakes”,2 which can reduce the
buildings and increase the risk of casualties. vulnerability of buildings under wind, and seismic loads.
PART I The bylaws of building standards do not Include a validation procedure for a building’s change of
Alterations and clearly mention the consequences of a use. The procedure encompasses a verification of the
Extensions change of use3 upon the gravitational and original and the proposed use of the building under lateral
Material change of lateral loads system. The lack of technical and gravitational loads. This is important to verify the
User specifications related to the change of use adequacy of the structure for its new use and to assess
can increase the building’s vulnerability due its current condition, guaranteeing improved safety
to the risk of overloading. protocols.
The bylaws of building standards do not Include a clear procedure for the validation of alternative
include procedures to validate alternative materials, design methods, and analysis methodologies,
materials, design methods and alternative including specific cases. These regulations would avert
analysis methodologies, which can hamper the proliferation of building materials and procedures
the introduction of new materials and outside the building code while bringing the opportunity
-------------------
practices. The dearth of these procedures for local industries to innovate under this rule.
may lead to the proliferation of buildings
with materials and analysis methods outside
from regulated frameworks, increasing their
vulnerability.
Taken from ASCE7-16. Chapter C11, Seismic Design Criteria.
2
A change of use is required when the original use or occupancy of the building or a land changes, e.g. when a domestic or housing building
3
changes partially or totally to a commercial use.
114 / Building Regulatory Capacity Assessment
1961 BUILDING BYLAWS LILONGWE
Chapter Problem Recommendation
PART III- Design methods are not clearly described, Establish a comprehensive design philosophy that includes
BUILDINGS considered limit states are not stated, limit states, load combinations, and safety or reduction
GENERAL and stress and deflection limits are not factors depending on the design methodology. This is
LOAD BEARING established. It is assumed that each important to generate appropriate building designs.
REQUIREMENTS material should be designed according to
the corresponding British Standards and
Codes of Practice. This absence of crucial
information may result in undefined design
conditions that could generate inadequate
building designs.
SECOND The bylaws do not provide weights for the Include information about the density of structural and
SCHEDULE most common structural and non-structural non-structural components for most common elements
Calculation of components, nor the density of materials and materials used in local construction. Establish the
Loading commonly used in the local building industry. real values for the weight of structural and non-structural
This is crucial for the adequate evaluation elements of a building and provide minimum loads for the
of dead loads,4 affecting the calculation structural design of gravitational loads. This is important
of gravitational and seismic loads, which to limit uncertainty on load calculation.
depend on the mass of the structure.
SECOND The code has no provision to evaluate Include provisions to evaluate lateral soil pressures, hail
SCHEDULE lateral soil pressure, hail and ponding. An and ponding. Considering these loads in design reduces
Calculation of inadequate evaluation of these loads may the risk of collapse of several components in the structure.
Loading lead t the structure’s total failure or partial
collapse. Underestimating lateral soil
pressure can cause, for example, the failure
of a of a retaining wall.5 The omission of the
effects of accumulated frozen hail on roof
design can cause excessive deflections or
even the collapse of the structure.
------------------- The bylaws do not include wind, earthquake Include wind, earthquake, and flooding maps in future
and flooding maps; furthermore, there technical regulations in order to understand this type of
is no provision to evaluate lateral loads hazards and help the development of urban development
for buildings. As a whole, disaster risk policies. Building regulations should also include the
management is not considered in the calculation of lateral loads (wind and seismic) to diminish
regulations. This lack of information may vulnerability and mitigate the risk related to lateral loads.
lead to the construction of buildings in
areas with uncertain seismic, wind and flood
hazard conditions, which increases their
vulnerability.
------------------- The code has no provisions to establish the Establish structural systems categories that must be used
structural systems needed in the design of a for the design of buildings. These categories must be
y building.6 defined based on structural systems that have performed
properly under real conditions and tested under lateral
loads to properly understand their behavior. This measure
will greatly increase the safety and reduce the vulnerability
of new buildings.
4
Dead Load: A non-varying load which is permanently applied to a structure and acting always as opposed to imposed load.
5
Retaining Wall: Wall providing lateral support to the ground or to resist pressure from a mass of other material e.g. earth or water.
6
Structural System: The system of constructional elements and components of any building which is provided to resist the loads acting upon it and
to transfer such loads to the ground upon which the foundation of the building rests.
Managing Risks for a Safer Built Environment in Malawi / 115
1961 BUILDING BYLAWS LILONGWE
Chapter Problem Recommendation
The bylaws do not include the geometry Establish regulations regarding the design of the staircases
and the number of steps needed in flight of based on occupancy type, such as housing, residential
stairs. This increases the risk of casualties buildings, etc. Furthermore, geometrical and safety
------------------- and injuries during the evacuation process. requirements should be included for its components, such
as balustrades, handrails and details for escape staircases
and ventilation requirements. This reduces the risk of
casualties and injuries during the evacuation process.
The regulation does not present provisions Include provisions for escalators. These provisions
for escalators. Aside from increasing the should include the design of connections, non-structural
risk of casualties and injuries during the elements, and auxiliary stairs for evacuation. Furthermore,
-------------------
evacuation process, it does not guarantee it is crucial to guarantee accessibility, safety, and an
safe accessibility for people with disabilities. efficient evacuation process during extraordinary events,
such as fires or earthquakes.
The bylaws do not include design Include regulations concerning the design of access and
specification for elevators and requirements evacuation of elevators. The provisions should consider
for fire-proofing confined spaces and service accessibility, dimensions, provisions to avoid smoke
shafts. This lack of provisions may affect propagation through lift-wells, mechanical ventilation,
------------------- the functionality and maintenance of the roof ventilators or openable windows. This is important
equipment, as well as the safety of users to guarantee the comfort of the users, the functionality
during an emergency evacuation. and maintenance of the equipment, the safety during an
emergency evacuation, to avoid fire and smoke spread,
and to diminish casualties for smoke inhalation.
The bylaws do not include provisions Develop specific regulations regarding the accessibility of
regarding the accessibility for people people with disabilities in order to guarantee an adequate
------------------- with disabilities, which compromises their access in ordinary conditions as well as an appropriate
safe access to evacuation routes during evacuation in case of emergency.
emergencies.
116 / Building Regulatory Capacity Assessment
Annex 5
Details of Good Practices Included in the 2018 Building Bylaws of
Blantyre
2018 BUILDING BYLAWS BLANTYRE
Chapter Elements that are Fully or Partially Covered Commentary
Sections 01-50 The section provides a requirement framework The inclusion of a clearer administrative process
for the approval of plans, specifications, fees and ensures a gradual turn towards regulated practices
Administrative
inspections. The section also provides guidelines in the built environment. Including provisions
processes
about building material use and criteria, as well on building material standards promotes safer
as recognising the importance of standards for practices.
structural design.
Sections 52-58 The bylaws provide general parameters for the size Site management and hygiene measures are
of plots and basic measures of site treatment. important for the welfare of the community.
Building siting,
treatment and
hygiene
Sections 59-63 The bylaws incorporate a classification of public Including fire regulations and fire provisions is
building occupancy to establish fire protection important to guarantee fire resistance and safe
Fire protection,
parameters and means of egress during evacuation in case of emergency .
means of escape,
emergencies.
and precautions
Sections 66-104 Regulations consider detailed examples of sanitary The inclusion of extensive water supply regulations,
convenience and includes fixture unit ratings of that combine good practices with detailed
Water supply,
sanitary fixtures for different types of use. The technical information, is a fundamental step
drainage and septic
bylaws provide good practices for water use, towards an adequate use of water infrastructure
tanks
including storage from main supplies or rain, in and to promote a regulated use of the resource.
order to ensure rationed use of water.
Sections 224-231 Regulation considers minimum access standards, These provisions are important for the welfare
including regulations for access to water and of the community and establish universal access
Facilities for people
sanitation facilities, as well as public transport. design parameters into the built environment.
with disabilities
The bylaws also include guidelines for people with
visual impairment.
Managing Risks for a Safer Built Environment in Malawi / 117
Annex 6
Detailed Analysis of 2018 Building Bylaws of Blantyre and
Recommendations
BLANTYRE BUILDING BYLAWS - 2018
Chapter Problem Recommendation
Sections 01-50 Regulations are not detailed regarding the Include more thorough regulations on approval
procedure of approval and no distinction is made processes, including phasing and timing. Risk
Administrative
regarding the category of risk that could apply to categories should be included as part of a project’s
processes
a project. description. Additionally, it may be suitable that
regulations concerning administrative matters
(process, file requirements, etc.) could be aligned
with national regulations contained in the Physical
Planning Act and/or grouped in a separated set of
regulations.
Sections 23-30 The bylaws are too restrictive about the use of Consider more thoroughly in the regulatory
second-hand material, which requires approvals by system building materials which are used by the
Building materials
the Council and the MBS. This could interfere with population. Rather than fully restrict their use,
low cost material that are often used in peripherical the regulations can allow a regulated flexibility on
zones of the urban centers. No reference is made low-cost materials, supporting their use through
to the Safer Housing Guidelines published in 2014. adequate building techniques. The “safer house
guidelines” can provide additional context for
this task and could/should be referenced in any
building bylaws.
Section 10 The bylaws do not mention the MS standard Include more details and references in this section
820:2010 (Code of Practice for Design Loadings should in order to guide adequately the user about
Structural design
for Buildings). Nonetheless it mentions the “Malawi these matters. The bylaws should rely and refer to
calculations
Standard on ‘General procedures and loadings to existing standards whenever possible, to ensure
be adopted in the design of buildings” without regulatory consistency across codes and laws.
mentioning the number of this standard.
Sections 52-58 Regulations make no reference to a general master Extract from the building bylaws and integrate
plan nor a zoning plan, as every setback is made siting regulations concerning the size of the plot
Building siting,
in function of the size of the plot. This ignores and the building lines, in a specific set of regulations
treatment and
the existing environment and future possible integrated in specific bylaws that would deal with
hygiene
developments of the city, as well as a long-term master planning, zoning, land use, etc.)
vision of development.
Sections 59-63 There is no integral categorisation system part of Develop a broader categorisation system in order
the bylaws. The bylaws do not mention neither an to define more accurately the type of use or
Fire protection,
occupant load table (as the one contained in the occupancy7 of buildings including the occupancy
means of escape,
international building code – table 1004-5) in order load. This type of categorisation is usually the base
and precautions
to calculate appropriately the number of persons in order to define rules and regulations to apply to
that can occupy a place at the same time. It only a certain type of buildings when dealing with fire
integrates a categorisation of public buildings safety and protection.
without enlarging the field of view to other types
of building.
See Chapter 3 of the International Building Code as a reference: https:/
7
/codes.iccsafe.org/content/IBC2018/chapter-3-occupancy-classification-
and-use.
118 / Building Regulatory Capacity Assessment
BLANTYRE BUILDING BYLAWS - 2018
Chapter Problem Recommendation
Sections 224-231 Rules regarding the design of the accessibility Develop more deeply this section with sufficiently
to buildings are defined to briefly in order to detailed technical considerations that guarantee
Facilities for people
guarantee the respect of international standards the full respect of international standards
with disabilities
regarding that matter. No graphic can assist the regarding the “accessibility” outside and inside
reader in order to understand easily how to design buildings, accompanying these regulations with
an “accessible” building. appropriate graphics in order to explain concretely
the rules and standards that govern accessibility
to the person with incapacity or reduced mobility.
Actually, no reference is made to any standards for
that matter (except for the lifts).
Section 64 Bylaws refer to building loads the “General Bylaws should be clearer and include references
procedures and loadings to be adopted in the to the Code of Practice for Design Loadings for
Structural design
design of buildings” without mentioning the Buildings (MS 820:2010) whenever possible to
reference to the MS 820:2010 (Code of Practice avoid confusions.
for Design Loadings for Buildings). The user could
assume that the bylaws refer to that document.
------------------- Planning and administrative rules should be part Distinguish and extract from “building” bylaws
of another type of bylaws, as they are not strictly rules and regulations that have more something to
related to the constructive and building process. In do with planning and territorial development and
fact, these two matters should be separate as they that would though belong to other type of bylaws.
could evolve separately one from another.
Managing Risks for a Safer Built Environment in Malawi / 119
Annex 7
Review of the 2017 Building Bylaws of Mzuzu
MZUZU BUILDING BYLAWS - 2017
Chapter Comentary
Sections 01-04 Definition of the terms that are used in the bylaws as well as terms associated with the requirements for
building plans. Sections do not specify that plans have to be signed by a registered architect or engineer.
Section 06 Mention of the grounds for disapproval, making reference to different rules without mentioning the
detailed regulations that apply to these rules in the place (i.e. space for parking, fire-fighting system and
sanitary purpose) creating possible discretion in the decision-making process of the Local Council.
Sections 07-09 Focus on inspections and demolitions. The building shall be inspected at the foundation and excavation
stages before construction can continue. Section 9 mentions the period of validity of a construction
permit (two years).
Section 10 Construction parameters detailing the use of bricks, stones or other materials approved by the Council.
Section 11 Basic rules for habitability (i.e. minimum size of the rooms, minimum height and minimum requirements
for ventilations).
Sections 12-13 Requirements for anyone who wants to occupy a building to ask for an occupation permit certified by
the Council. Sections also mention that sections 3-12 shall not apply to temporary building or traditional
houses, without mentioning the reference to the “Safer Housing Guidelines” published in 2014.
Section 14-16 Stipulations for minimum distances and recesses for buildings.
Section 17 Brief mention of regulations that deal with different aspects of construction (i.e. design of new streets,
drainage erection of traditional houses, erection of walls, hoarding and protection of the public and
removal of dilapidated buildings). In general, these regulations lack a level of detail which can give way
to excessive discretion in the decision-making process of the Local Council regarding several checks for
new construction.
First Schedule Notice of decision that integrate 40 conditions of development (post-approval conditions). More details
could be added to implement major objectives (i.e. condition 40 mentions that “Wheelchair access shall
be provided for disabled persons”). This condition is the only related aspect to persons with reduced
mobility in the bylaws, but it does not prescribe a particular path to achieve this standard.
Second Schedule Detail of the penalties mentioned in sections 7, 12 and 23 of the bylaws that can be applied to a person
who contravenes any provisions contained in the bylaws. The third schedule mention the fees and
charges applicable to the project.
General The bylaws could be improved to include more prescriptive measures to achieve a particular objective.
There could be an explicit reference to existing standards in Malawi (i.e. MS standard 820:2010: Code
of Practice for Design Loadings for Buildings). Similar observations apply to fire prevention aspects,
accessibility requirements, structural design, mechanical and electrical engineering services and the role,
responsibilities and liability of registered architects and engineers.
120 / Building Regulatory Capacity Assessment
Annex 8
Details of Good Practices Included in the 1997 Draft National Building
Regulations of Malawi
1997 MALAW NATIONAL BUILDING REGULATIONS
Chapter Elements that are Fully or Partially Covered Commentary
2.0 Town planning The Malawi Building Regulations of 1997 require This is important to improve the welfare, public
requirements that a building proposal should be presented health and sustainable economic development
2.01-2.171 according to town planning requirements, to of the community. These provisions bolster the
respect the established building lines and heights. division of industrial zones from housing building
The regulations consider the existing zoning, the zones; furthermore, they limit the concentration
existing building heights, and area limitations. of population and avoid health issues as well as
traffic difficulties by promoting the organised
growth of the city.
Volume 1 to 5 The Malawi Building Regulations of 1997 include This generates a common language for the
definitions of technical terms for each volume of document. It also clarifies the meaning of general
the document. and technical terms.
4.22 Classification of The regulations include provisions to classify the This classification of components according to
buildings buildings in relation to fire resistance. Additionally, risk is essential for prevention and an overall good
they contain provisions for buildings containing practice. The classification for fire design aims to
multiple activities and/or uses. diminish the casualties under fire and guarantee
adequate conditions for a safe evacuation.
1.04 General principles The Malawi Building Regulations of 1997 include Aside from supporting planning control in
and requirements provisions for the change of use of the building. general, the implementation of these regulations
“The consent of the approving authority must be is helpful to diminish the risk of collapse. For
obtained prior to effecting any change of use of example, when a housing building changes to a
land and/or buildings or the undertaking of any commercial or industrial use both requirements
building work.” become fundamental to avoid the risk of collapse
due to structural overloading, as well as avoiding
unplanned development.
Volume 4 The regulations includes specific structural This is necessary to establish the basic rules for
Section 5. 5.57 to 5.61 materials for buildings with corresponding British design and adequate construction requirements.
Standard (BS) and CP (Codes of Practice) for the This is a significative pat of any given structural
design, analysis and construction. The structural safety framework.
materials accepted by these regulations are
concrete, bricks, timber, steel and aluminum.
Section 4 The Malawi Building Regulations of 1997 consider These regulations protect the community from
4.12 alternatives for building materials. Nevertheless, the proliferation of building materials and
4.57 the procedure of approval is not established. “The procedures outside of the building code and bring
approving authority may, at its discretion, which the opportunity for the local industry to innovate
should not be unreasonably withheld, approve under this rule.
the use of any materials, methods or (form/
unreadable) of construction.”
Managing Risks for a Safer Built Environment in Malawi / 121
1997 MALAW NATIONAL BUILDING REGULATIONS
Chapter Elements that are Fully or Partially Covered Commentary
Section 5 The Malawi Building Regulations of 1997 indicate These regulations are critical to guarantee
that the design should be performed for the most structural safety, at least under failure conditions.
5.52
critical load combination according to British
Standards. These regulations indicate that “every
building or part of a building shall be: designed
and constructed in accordance with structural
mechanics and capable of sustaining the most
adverse combination of loads it will be subjected
(…)” Furthermore, each material should be
designed according to the corresponding British
Standards and Codes of Practice.
Section 4 The Malawi Building Regulations of 1997 include This is essential to guarantee the adequate
fire provisions for materials, including fire- evacuation times and reduce the risk of casualties
resistance durations for each. The provisions under fire conditions.
also establish the thickness requirements for
reinforced concrete, prestressed and masonry
walls under fire.
Section 4 The Malawi Building Regulations of 1997 include These requirements are critical to establish the
4.12 procedures to test materials for buildings, test framework regarding the approval process of
their strength, their durability, their fire resistance materials for buildings. These tests are important
and any other structural issue applicable to any to determine their quality and consistency.
structural material.
Means of Escape The Malawi Building Regulations of 1997 This is important to guarantee the safety under
3.24 to 3.38 consider fire protection for buildings. The fire conditions. The requirements facilitate
Fire Spread and Fire regulation includes provisions for fire prevention evacuation, early detection and improve
Resistance and fire detection systems such as fire alarms and fire resistance. These regulations are critical
4.21 to 4.25 provisions for evacuation routes. to guarantee the welfare and safety of the
Mechanical and community when facing fire conditions.
Electrical Design 8
Section 4 The Malawi Building Regulations of 1997 include These regulations protect the community from
4.57 materials and construction methods for the the proliferation of materials and constructions
structure, different from the ones included in the methods for the structure outside of the building
regulations. Nevertheless, the procedure for the code and bring the opportunity for the local
validation of these methods and procedures is industry to innovate under this rule.
not clearly established. In this case, the regulation
indicates that “the approving authority may, at
its discretion, which should not be unreasonably
withheld, approve the use of any materials,
methods or (form/unreadable) of construction.”
Section 4 The Malawi Building Regulations of 1997 This is fundamental for the basic design of non-
Section 5 consider the design of masonry walls according to structural components such as partition and
BS and the design of the foundations based on cladding walls, ensuring an added degree of safety
Code of Practice 2004 Standards. Furthermore, for users.
the regulation considers the empirical design of
walls and shows details of adequate construction
practices as well as the strength of materials.
In addition, the regulation includes stability
requirements for accidental lateral loads and
numerous fire provisions.
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1997 MALAW NATIONAL BUILDING REGULATIONS
Chapter Elements that are Fully or Partially Covered Commentary
Section 1 The Malawi Building Regulations of 1997 require This measure monitors control of the construction
1.15 a geotechnical inspection during construction. process. Inadequate practices and mistakes on
This inspection should be made by the Authority the excavation as well as the foundation level
before the start of the building. The regulation can be detected and solved before casting the
specifies that “no additional building operation foundation elements.
shall be commenced until the foundation
excavation has been inspected and approved by
the approving authority”.
Section 1 The Malawi Building Regulations of 1997
1.17 establish the procedure for issuing the permit of
occupation.
Section 3 The Malawi Building Regulations of 1997 defines These regulations guarantee the wellbeing of
3.09 to 3.16 the requirements regarding the lighting and the occupants as well as the health of building
ventilation of the building. users. The requirements also improve energy
consumption by promoting the use of natural
light and natural ventilation.
Section 4 The Malawi Building Regulations of 1997 provide These provisions guarantee the accessibility, the
measures for fire safety doors and fireproof security, and limit smoke and fire propagation.
design are established in this section. This chapter
includes requirements for openings in walls and
provisions for fire breaking doors.
Section 3 The Malawi Building Regulations of 1997 Geometrical requirements are crucial to assure the
3.21 consider maximum and minimum dimensions for safe evacuation of buildings under extraordinary
the design of stairs related to different types of events such as fire, earthquake or blasts.
occupancy, such as dwelling houses, residential Furthermore, these provisions are fundamental to
buildings, and buildings of warehouses. guarantee accessibility on average conditions of
Geometrical requirements are complemented use and transit.
with rules for the rise, tread and going. Finally, the
regulation includes provisions for balustrades and
handrails as well as details for escape staircases
and ventilation requirements.
Section 3 The Malawi Building Regulations of 1997 describe Dimension requirements are fundamental to
3.23 a complete set of provisions regarding elevators guarantee the adequate service of the elevators
3.33 including dimensions for the clear space on the under ordinary conditions. Furthermore,
Section 8 bottom, emergency uses, and ventilation. these provisions are important to assure the
safe evacuation of buildings and avoid smoke
propagation during emergencies.
Section 4 The Malawi Building Regulations of 1997 provide This is essential to guarantee the adequate
4.26 regulations to guarantee fire resistance and safety, evacuation, avoid fire proliferation and reduce the
4.40 including different types of insulation permitted risk of casualties under fire conditions.
for external walls and roofs.
Section 7 The Malawi Building Regulations of 1997 This is fundamental to the safety and welfare of
include provisions regarding sprinklers and the the users. These regulations assure the supply
design of the water-providing system. Provisions of water under ordinary conditions as well as
include design factors regarding water supply extreme events such as fire.
elements, such pipes, connections, storage tanks,
installation of service, hot water cylinders and
supply to firefights.
Managing Risks for a Safer Built Environment in Malawi / 123
Annex 9
Detailed Analysis of 1997 National Building Regulations of Malawi and
Recommendations
1997 MALAW NATIONAL BUILDING REGULATIONS
Chapter Problem Recommendation
Section 4 The Malawi National Building Regulations of 1997 Establish and describe the minimum values for
do not directly define service loads.8 This is crucial gravitational loads and the methods to estimate
Section 5
for the adequate evaluation of the vertical (dead9 lateral loads related to lateral soil pressure, wind
and live10 loads), lateral, static, and dynamic loads. and earthquake. These values are important to
This lack of definition can cause uncertainty on guarantee the structural stability and general
the estimation and definition of the building loads, safety of the structural components. Furthermore,
which comprises gravitational and lateral load it is fundamental to account for minimum values of
design. resistance and understand the risk for lateral loads,
mainly for wind and earthquake.
The Malawi National Building Regulations of
1997 do not have local seismic provisions, Consider and integrate into the regulations
instead adopting the KBS (Kenya Bureau of aspects related to local seismic loads in order to
Standards) standard for seismic design. Malawi understand and properly mitigate seismic hazard.
has experienced earthquakes with magnitudes Furthermore, develop disaster risk management
between 6 and 7 in the last 100 years, thus local guidelines across the code as a factor of planning to
Section 5
hazard must be studied, and adequate regulations diminish vulnerability, mitigating the risk of lateral
are required. The lack of seismic provisions loads. Finally, it must include design alternatives
increases the vulnerability of new and existing for new and existing structures to increase safety
buildings. and reduce the vulnerability of new, and existing
buildings.
The Malawi National Building Regulations of 1997 Define conditions to evaluate overturning,
do not clearly establish the conditions to evaluate including load combinations, safety factors
overturning.11 This must be considered for seismic according to load combinations, seismic, and wind
-------------- and wind loads with adequate safety factors loads. Overturning verification is important to
and load combinations. Adequate evaluation of prevent instability.
overturning aims to guarantee the stability of the
building.
The Malawi National Building Regulations of 1997 Include design requirements that provide a ductile
do not have design requirements regarding the behaviour on the elements of the LFRS. This aspect
ductility12 of structural elements of the Lateral is important because regular seismic design should
Force Resisting System (LFRS). These requirements focus on preventing the damage and displacement
aim to guarantee the performance of the building of the structure under lateral loads. Considering
-------------
under large deformations caused by lateral loads, these regulations increases safety and reduces the
but without the rupture or collapse of the building. vulnerability of new buildings.
Building without these considerations can affect
drastically the structure and lead to sudden and
brittle failures under lateral (seismic) loads.
8
Service Load: all loads, static or dynamic, imposed on a structure, or element thereof, during operation of a building.
9
Dead load: the weights of the structural members, supported structure, and permanent attachments or accessories that are likely to be present
on a structure in service.
10
live load: load that is not permanently applied to a structure but is likely to occur during the service life of the structure (excluding environmental
loads).
11
Overturning: Failure of a building cause by the soil pressure, which overcomes the general stability of the building.
12
Ductility: the ability of a material to undergo large permanent deformations without rupture.
124 / Building Regulatory Capacity Assessment
1997 MALAW NATIONAL BUILDING REGULATIONS
Chapter Problem Recommendation
The Malawi National Building Regulations of 1997 Establish provisions to mitigate risk for lateral loads
do not have provisions to mitigate seismic risk. in general. This includes providing alternatives for
-------------
This increases the vulnerability of new and existing existing structures under wind and seismic forces.
buildings.
The Malawi National Building Regulations of Include a provision to evaluate lateral soil pressure
1997 do not have provision to evaluate lateral and hail loads. Considering these loads in design
soil pressure, hail and ponding. An inadequate reduces the risk of collapse of some parts of the
------------- evaluation of the lateral soil pressure of a retaining structure.
wall13 or the omission in the design of the effects
of the accumulation of frozen hail on roofs can
cause total or partial collapse of a structure.
The Malawi National Building Regulations of 1997 Incorporate provisions for factored loads, or at
do not have provisions for factored loads.14 This is least include provisions corresponding to the
an important guideline to guarantee safety factors British Standard for each structural material to
in the design process. avoid missing information. Factored loads must be
consistent with design methodologies accepted by
-------------
the building code, based on statistical procedures,
considering acceptable failure criteria, and with
the aim of reducing the probability of failure to
adequate values. These regulations are critical to
guarantee the safety of the community.
The Malawi National Building Regulations of 1997 Include criteria for acceptance of exact and
do not present the requirements or an acceptable approximate methods. Regulating analysis
method to perform a complete structural analysis. methods are a basic tool for structural designers to
The lack of these requirements does not guarantee establish the framework of an adequate structural
-------------
the overall safety of the building and its users. analysis. Approximate methods are useful to verify
the results of the calculations of the structural
designer. These requirements aim to guarantee the
safety of the community.
Section 5 The Malawi National Building Regulations of Include design procedures for lateral loads, such
5.35 to 5.37 1997 do not provide charts determining wall as wind and earthquake, for partition and facade
thicknesses according to their height and support walls, including methods for the calculation of
condition, in order to guarantee their stability applied loads, load combinations and design
in case of accidental lateral loads. Inadequate methods according to the structural materials.
design of cladding and partition walls generates This is critical to avoid the failure of non-structural
damages and victims after earthquakes due to the components, which usually cause a significative
combination of in-plane and out-of-plane effects. number of victims during earthquakes.
Section 5 The Malawi National Building Regulations of 1997 Include requirements for minimum geotechnical
do not have specific requirements regarding the subsoil explorations, such as the number of
minimum geotechnical subsoil exploration. This perforations and their depths according to the
may cause foundations to be designed without importance of the building and the magnitude of
an appropriate knowledge of its surrounding soil. the loads on each support.
Lack of technical knowledge increases the risk for
a building to settle, rotate or even liquify.
Retaining Wall: Wall providing lateral support to the ground or to resist pressure from a mass of other material e.g. earth or water.
13
Factored load: load, multiplied by appropriate load factors, used to proportion members by the strength-design method.
14
Managing Risks for a Safer Built Environment in Malawi / 125
1997 MALAW NATIONAL BUILDING REGULATIONS
Chapter Problem Recommendation
Section 5 The Malawi National Building Regulations of 1997 Include procedures for the design of foundations
do not include any procedures for the design of in order to define the limit states for the design,
foundations. The code has a table (5.11, which is the depth of the foundations and establish a
not in the document) with maximum permissible framework to determine the parameters of soil for
bearing capacities for different types of soils, the foundation.
as well as different conditions (firm, lose or wet,
normal, dry, etc.). The standard for foundation
design is CP2004. This condition increases the risk
for a building to settle, rotate or even liquify.
The Malawi National Building Regulations of Incorporate design procedures for excavations,
1997 do not have design provisions related to including theories of failure, stability analysis, and
------------- excavations. This is critical to guarantee the safety factors for different load combinations and
stability during the construction process. limit states. This guarantees the stability of the
excavation during the construction process.
The Malawi National Building Regulations of Include technical inspections (structural, fire,
1997 do not include any other type of inspections mechanical and electrical) requirements. These
aside from the geotechnical inspection. This must be defined based on the size of the project,
could lead to repeated violations of building code the number of housing units, or the use of the
------------- requirements for structural, fire, mechanical and building. The activities of the inspection and the
electrical aspects during the construction process. characteristic of the professional developing the
inspection must be included in the regulations.
This is fundamental to guarantee adequate
construction practices.
The Malawi National Building Regulations do not Include provisions for escalators, such as the design
include provisions for escalators. This increases of the connections as non-structural elements,
the risk for people during the evacuation process. as well as auxiliary stairs for evacuation. This
-------------
guarantees the accessibility, safety, and adequate
evacuation during extraordinary events such as
fires and earthquake.
The Malawi National Building Regulations of 1997 Include provisions for heating systems that oversee
do not show provisions for heating systems. This an adequate design, efficient energy consumption
-------------
increases the risk of the building during fire events. regulations, and fire provisions to avoid the spread
of fire.
Section 3.16 The Malawi National Building Regulations of 1997 Include a reference to specific documents for
do not consider specific provisions for electric electric lighting to determine the capacity and
lighting in order to determine the capacity and characteristics of the system. The seismic design of
characteristics of the system, as well as the seismic the non-structural elements related to the system
design of the non-structural elements related to should be considered to increase the reliability of
the system. This condition increases the risk of the electrical system during the lifespan of the
electrical system malfunctions, and its vulnerability building.
under earthquake conditions.
The Malawi National Building Regulations of 1997 Incorporate documents for the design of fire
do not provide regulations regarding sprinklers, extinguishing systems such as sprinklers. This
increasing the vulnerability of new and existing includes position, characteristics, and water supply
-------------
buildings under fire events. of the sprinklers system. This is fundamental to
prevent the spread of fire and ensure an early
extinguishing.
126 / Building Regulatory Capacity Assessment
1997 MALAW NATIONAL BUILDING REGULATIONS
Chapter Problem Recommendation
The Malawi National Building Regulations of 1997 Include provisions for acoustic design, determining
do not consider provisions for aspects related to acceptable noise levels, the characteristics of
-------------
acoustics and noise pollution. cladding, partition walls, and insulations required
to guarantee adequate acoustic performance.
The Malawi National Building Regulations of 1997 Develop specific regulations regarding the
do not consider specific provisions regarding accessibility of people with disabilities in order
-------------
accessibility for people with disabilities, which to guarantee the access and evacuation for all
seriously hampers their evacuation means. building users.
The Malawi National Building Regulations of 1997 Incorporate health and safety provisions for
do not include provisions for the health and safety workers. In this case, the regulation should include
of workers. The absence of this regulation increases at least a reference to OSHA15 regulations to
potential risks in the construction process for both guarantee safe conditions on the environment of
------------- workers and construction sites. construction workers. Furthermore, the regulation
should include requirements for a permanent
assessment of working site conditions and
accident reports and requirements when working
above certain heights.
The Malawi National Building Regulations of Include integrated water-cycle management as a
1997 do not consider integrated water-cycle chapter of technical regulations for potable water,
management for potable water, stormwater, and stormwater, and wastewater for buildings. This
wastewater in the buildings.16 The implementation chapter should consider water supply, distribution,
-------------
of integrated water-cycle management reduces collection, treatment, reuse, and adequate disposal
carbon footprint. after a new treatment. This aspect is important to
achieve sustainable buildings and reduce water
consumption.
The Malawi National Building Regulations of Provide specific provisions for the maintenance
1997 do not have provisions regarding structural and/or retrofit process of historical buildings
retrofit and/or maintenance processes of historical (including retrofit analysis, seismic design
buildings. The lack of specific provisions increases considerations, etc.) considering some potential
-------------
the vulnerability of these buildings in case of hazards such as fire and earthquakes.
earthquake, fire or any other unfortunate event.
This could lead to serious damages and a significant
loss of Malawi’s historic heritage.
The Malawi National Building Regulations of 1997 Exclude products made of asbestos in any future
Approved Standards allow the use of corrugated sheets and cement technical regulations related to the construction
Corrugated Sheets/ made with asbestos. Exposure to asbestos causes industry. This is important to reduce risks during
Asbestos Cement/ serious respiratory diseases. handling, installation, maintenance, as well as
disposal after a building’s demolition.
Occupational Safety and Health Administration.
15
See Annex 1 – Integrated Water-Cycle Management.
16
Managing Risks for a Safer Built Environment in Malawi / 127
Annex 10
Details of Good Practices Incorporated in the 2010 Code of Practice for
Design Loadings for Building Evaluation
MALAWI STANDARD OF 2010 - CODE OF PRACTICE FOR DESIGN LOADINGS FOR BUILDINGS
Chapter Elements that are Fully or Partially Covered Comments
Section 3 Malawi 2010 Standard - Code of Practice for It is very positive that the code has already included
Design Loadings for Buildings (Malawi Standard these three concepts, that are fundamental as they
Page 2
of 2010 – COPB)17 includes building requirements form part of the design basis for lateral loads for
for stability18 against overturning, Integrity,19 and buildings.
robustness.20
Section 3 Malawi Standard of 2010 – COPB defines the wind The Country’s wind hazard is presented in the
loads considering the following aspects: Malawi document This is fundamental to determine
Page 4 – 35 and
wind velocities map, exposure categories, internal the loads for the wind-load resisting system for
Fig 4
and external wind forces, locations and heights buildings.
Table 4 to Table 25B
of building, and, wind load evaluation tables for a
wide variety of structural shapes, structural and
nonstructural components.
Section 4 Malawi Standard of 2010 – COPB establishes the This is important to have the same procedures
ultimate limit state (Load and Resistance Factor and methodologies for each building material.
Page 2 – 4 and
Design) as its building design approach, loads, Furthermore, this item guarantees the behavior of
Table 1
combinations, and, in the same manner, it defines the structural elements under service and ultimate
structural elements requirements under service conditions.
and ultimate conditions, and, their serviceability
limits.
Section 7 Malawi Standard of 2010 – COPB defines the wind The Country’s wind hazard is presented in the
loads considering the following aspects: Malawi document. This is fundamental to determine
Page 4 – 35 and
wind velocities map, exposure categories, internal the loads for the wind-load resisting system for
Fig 4
and external wind forces, locations and heights buildings.
Table 4 to Table 25B
of building, and, wind load evaluation tables for a
wide variety of structural shapes, structural and
nonstructural components.
Section 8 Malawi Standard of 2010 – COPB defines the The Country’s seismic hazard is presented in the
seismic loads considering the following aspects: building code. This is fundamental to determine
Page 35 – 45 and
seismicity of Malawi, active seismic sources, the loads for the lateral load resisting system for
Fig 6 to Fig 9
Malawi peak ground acceleration map having 10% buildings and reduce the vulnerability of new
Table 27 to 28
probability of exceedance in 50 years (return period buildings.
of 475 years), Malawi peak ground acceleration
map having 10 percent probability exceedance in
100 years (return period of 950 years), calculation
of seismic forces, base shear, soils profiles,
elastic response spectrum, building fundamental
period of vibration, behavior factor (K) (response
modification factors R), and, earthquake load
combinations.
17
Draft Malawi 2010 Standard, Code of Practice for Design Loadings for Buildings, National Construction Industry Council, Malawi 2010.
18
Stability: Ensure lateral stability in two orthogonal directions by the introduction of braces or shear walls. In such a braced structure, the columns
will not be subject to sway moments.
19
Integrity: The structure can withstand local damage without it causing widespread damage.
20
Robustness: The structure is effectively tied together longitudinally, transversely and vertically.
128 / Building Regulatory Capacity Assessment
MALAWI STANDARD OF 2010 - CODE OF PRACTICE FOR DESIGN LOADINGS FOR BUILDINGS
Chapter Elements that are Fully or Partially Covered Comments
Section 8.2 Malawi Standard of 2010 – COPB presents These concepts are very important to be able to
in this section the concepts for the structural configure a building structurally and to reduce the
Page 36
configuration of the buildings that encourage the vulnerability of new buildings in the country.
use of plants with rectangular shape using joints,
to look for redundant structures vertically and
horizontally and to ensure that there are shear
walls in both continuous directions vertically and
not produce twists.
Section 8.5.1.4 Malawi Standard of 2010 – COPB defines three This is important because these structural systems
(3) structural systems, they have specifications had performed properly after real earthquakes and
Page 44
for their vertical load system, and, their lateral had been tested under lateral loads to understand
Table 16 missing
resistant system. The systems should be selected their behavior. Through this requirement, the
to satisfy the project’s needs. building code aims to guarantee the adequate
performance of the buildings.
Section 9.1 Malawi Standard of 2010 – COPB defines the Defining dead loads is fundamental for the design
density of some structural and nonstructural under gravity loads to avoid undervalue and
Page 45 - 46 and
components - dead loads,21 the building must be diminish the risk of collapse.
Table 29, 30, 31, 36,
designed for the full dead load as a minimum. The
and, 37
most common elements and materials used in the
local construction are presented.
Dead Load: load from self-weight of structure including finishes and partitions.
21
Managing Risks for a Safer Built Environment in Malawi / 129
Annex 11
Detailed Analysis of the 2010 Code of Practice for Design Loadings
for Building Evaluation and Recommendations
MALAWI STANDARD OF 2010 - CODE OF PRACTICE FOR DESIGN LOADINGS FOR BUILDING EVALUATION
Chapter Problem Recommendation
Section 2 Malawi 2010 Standard - Code of Practice for Design Establishes the purpose for which the building, or
Loadings for Buildings (Malawi Standard of 2010 – part of it, is used or intended to use and how to
COPB)22 does not have definitions for the buildings’ proceed when multiple uses are combined in one
use, buildings’ multiple uses, and buildings’ change project. Establishes the procedure when the original
of use. use or occupancy of the building changes, e.g. when
a domestic or housing building changes partially or
totally to a commercial use.
Section 3.1 Malawi Standard of 2010 – COPB does not consider Include protection for human life safety within the
the protection for human life safety. scope of the code. It is included in the scope of many
Page 2
codes around the world.
Section 3.2 Malawi Standard of 2010 – COPB does not define the Define safety factors according to load combinations
safety factors to evaluate foundation overturning,23 to evaluate overturning, uplift, and sliding failures.
Page 2
uplift,24 and sliding25 failures. Adequate evaluation This is important to prevent overturning failures of
of overturning aims to guarantee the stability of the buildings, which might turn over their base as a rigid
building. body in case of wind or earthquake loads.
Malawi Standard of 2010 – COPB does not have a Include a provision to evaluate lateral soil and liquid
provision to evaluate lateral soil and liquid pressures, pressures and hail loads. Considering these loads in
Section 4
hail, and ponding. An inadequate evaluation of lateral design reduces the risk of collapse of some parts of
Page 3 soil pressure of a retaining wall26 or the omission the structure.
in the design of the effects of the accumulation of
frozen hail on roofs can cause total or partial collapse
of a structure.
Malawi Standard of 2010 – COPB does not consider a Add a limitation on lateral story drift value to evaluate
guideline limit for lateral loads deflection, a limitation structural building lateral behaviour. It can be a floor
Section 4.2 on story drift value particularly on tall structures. To to floor lateral structural displacement limit. This is
prevent damage to building components that could important to protect non-structural systems such as
Page 4
affect life safety, many building codes place limits on partition walls, ceilings, fire piping and ducts from
the amount of story drift permissible. excessive deformations of the main structure. This
requirement aims to reduce economic losses and
maintain continued functionality.
Section 5 Malawi Standard of 2010 – COPB does not define, Establish and determine for parking areas the
for parking areas, the minimum uniformly distributed minimum values for uniformly distributed imposed
Page 5
imposed floor load, and the minimum concentrated floor load, and the minimum concentrated imposed
imposed floor load. It is important for aerial slabs floor loads.
above or below ground. Building codes should
include provisions for parking areas.
22
Draft Malawi 2010 Standard, Code of Practice for Design Loadings for Buildings, National Construction Industry Council, Malawi 2010.
23
Overturning: Failure of a building cause by the soil pressure, which overcomes the general stability of the building
24
Uplift: Failure of a building cause by uplifting it with a vertical loading.
25
Sliding: Failure of a building by moving it with a lateral load along a surface.
26
Retaining Wall: Wall providing lateral support to the ground or to resist pressure from a mass of other material e.g. earth or water.
130 / Building Regulatory Capacity Assessment
MALAWI STANDARD OF 2010 - CODE OF PRACTICE FOR DESIGN LOADINGS FOR BUILDING EVALUATION
Chapter Problem Recommendation
Malawi Standard of 2010 – COPB considered the Consider the change as follows: “For single story
following: “For single story brick buildings, provide a brick buildings, provide a reinforced concrete ring
Section 8.5.1 reinforced concrete ring beam around the perimeter”. beams below and above of the wall and around each
Page 36 Only one ring beam increases the vulnerability of the rectangular perimeter of the house”. Ring beams
building. above and below the wall reduce the vulnerability of
the structure.
Malawi Standard of 2010 – COPB does not have Includes provisions for the structural systems
a provision to proper structural detailing. Proper according to the materials proper detailing for lateral
Section 8.5.1.4 detailing is of paramount importance in the design loads. This is important to guarantee the seismic
and construction of seismic-resistant structures. performance of buildings.
Page 44 This fact is confirmed in every recent major
earthquake. The lack of these provisions increases
the vulnerability of new buildings.
Malawi Standard of 2010 – COPB does not have a Includes provisions for the structural systems for
Section 8.5.1.4 provision to limit the use of some structural systems gravitational and lateral loads, for their configuration,
as a function of the height of the structure and the and, acceptable heights according to the project use.
Page 44 seismic design category. The lack of these provisions Building codes should consider this for the selection
increases the vulnerability of new buildings. of the structural system.
Malawi Standard of 2010 – COPB does not show the Determine the criteria for acceptance of exact and
requirements or an acceptable method to perform approximate methods. Regulating analysis methods
a complete structural analysis. The lack of these is a basic tool for the structural designer to establish
requirements do not guarantee the safety of the the framework of an adequate structural analysis.
-------------
community. Approximate methods are useful to verify the results
of the calculations of the structural designer. These
requirements aim to guarantee the safety of the
community.
Malawi Standard of 2010 – COPB does not have Include requirements for the minimum geotechnical
specific requirements regarding the minimum subsoil exploration, such as the number of
geotechnical subsoil exploration. This is an issue perforations, and their depths according to the
because foundations could be designed without the importance of the building and the magnitude
appropriate knowledge of the foundation soil. This of the loads on each support. This is important to
situation could increase the risks for a building to guarantee the stability of the building and the safety
settle, rotate or even liquify. of the community.
Malawi Standard of 2010 – COPB does not include Include procedures for the design of the foundation
any procedures for the design of the foundations. in order to define the limit states for the design,
This situation could increase the risks for a building the depth of the foundations and establish a
to settle and rotate. framework to determine the parameters of the soil
for the foundation. This is important to guarantee
the stability of the building and the safety of the
community.
Malawi Standard of 2010 – COPB does not have Introduce design procedures for excavations
design provisions related to excavations. This including, theories of failure, stability analysis and
------------- is critical to guarantee the stability during the safety factors for the different load combinations
construction process. and limit states. This topic guarantees the stability
of the excavation during the construction process.
Managing Risks for a Safer Built Environment in Malawi / 131
MALAWI STANDARD OF 2010 - CODE OF PRACTICE FOR DESIGN LOADINGS FOR BUILDING EVALUATION
Chapter Problem Recommendation
Malawi Standard of 2010 – COPB does not show Include provisions for escalators. This includes the
provisions for escalators. It is increasing the risk for design of the connections, including non-structural
people during the evacuation process. elements as well as the auxiliary stairs for the
-------------
evacuation. It is crucial to guarantee the accessibility,
the safety, and the evacuation during extraordinary
events such as fire and earthquake.
The Malawi Standard of 2010 – COPB does not Incorporate documents for the design of fire
provide regulations regarding sprinklers. This extinguishing systems such as sprinklers. This
increases the vulnerability of new and existing includes position, characteristics, and water supply
-------------
buildings under fire events. of the system, for the sprinklers system. This is
fundamental to prevent the spread of fire and early
extinguishing.
Malawi Standard of 2010 – COPB does not show Develop specific regulations regarding the
specific provisions regarding the accessibility accessibility of people with disabilities in order to
------------- for people with disabilities. The absence of such guarantee the access and evacuation for all the
provisions does not guarantee a good accessibility people.
and evacuation means for people with disabilities
Malawi Standard of 2010 – COPB does not have Provide specific provisions for the maintenance and/
provisions regarding to structural retrofit and/or or retrofit process of historical buildings (including
maintenance process of historical buildings. The lack retrofit analysis, seismic design considerations, etc.)
of specific provisions increases the vulnerability of considering some potential hazards such as fire
-------------
these buildings in case of earthquake, fire or any and earthquake to preserve the historic heritage of
other unfortunate event. This could lead to serious Malawi.
damages and/or total loss of the historic heritage of
Malawi.
Annex 12
Process Map for Obtaining a Development Permit in Lilongwe City Council
1. OBTAINING THE DEVELOPMENT PERMIT (as it is)
Procedure Code: Page 1/1 _ Activities Number: 9
Application Location plan and Designs of the Application Application (10) Approval
forms site plan certified by building to be (3) Pay the fees to be of Refusal
User the Landlors modified modified Notice
D.C.S. (4) Attribute a fule
Development Council (1) Receive and (2) Calculate Proof of
YES Invoice number and prepare
Section proceed with File ok? the fees and payment the agenda for the T&P
132 / Building Regulatory Capacity Assessment
preliminary check prepare an invoice
Planning and Development Technical Sub-Committee
Department NO
TPT SC Application (5) Sctutinize the Comments
Team and Planning file application and
Technical Sub-Committee comment
TPC
(6) Statute upon Decision about
Team and Planning
the project the project
Committee
D.C.S. (7) Prepare the
Development Council (9) Send a copy of the decision (7) Prepare the Is the
NO YES notice of
to the MLHUD and archive notice of approval project Notice signed
Section modification
the project or refusal differed
Planning and Development of the userl
Department
Chairman (8) Sign the
Lilongwe City Council notice
Annex 13
Process Map for Obtaining an Occupancy Permit in Lilongwe City Council
2. OBTAINING THE OCCUPANCY PERMIT (as it is)
Procedure Code: Page 1/1 _ Activities Number: 5
Notice related to the Inspection Application form (5) Occupancy
different steps of Report for the OP Modify the Permit
the construction project
User
(6 cards in total)
B.I.
Building Inspector (1) Perform (2) Redact and sign NO
Development Council inspection inspection report
Section
TPTSC (3) Perform Inspection
Team and Planning inspection ok?
Technical Sub-Committee
YES
C.E.
(4) Redact and sign
Chief Executive
the Occupancy
Development Council Permit
Section
Managing Risks for a Safer Built Environment in Malawi / 133
134 / Building Regulatory Capacity Assessment
Annex 14
Example of Construction Risk Matrices Used in Yangon, Myanmar
Managing Risks for a Safer Built Environment in Malawi / 135
136 / Building Regulatory Capacity Assessment
This report provides an assessment of the building regulatory framework in
Malawi. Research and recommendations were developed by the World Bank
with the strategic objective of improving building safety and resilience across
the country.
The analysis and recommendations outlined in the report provide inputs
with which the Government of Malawi can launch a comprehensive process
of building regulatory reform. The recommendations proposed build on the
existing efforts the Government has made to promote this agenda.
As part of the Global Facility for Disaster Risk Reduction (GFDRR), the Building Regulation for Resilience Program
develops and promotes activities to increase regulatory capacity to promote a healthier, safer and more sustainable
built environment. By leveraging good practice in building regulation as part of a strategy to reduce both chronic
risk and disaster risk, it sets low and middle income countries on the path to effective reform and long-term
resilience.
The GFDRR is a global partnership that helps developing countries better understand and reduce their vulnerabilities
to natural hazards and adapt to climate change. Working with over 400 local, national, regional, and international
partners, GFDRR provides grant financing, technical assistance, training and knowledge sharing activities to
mainstream disaster and climate risk management in policies and strategies. Managed by the World Bank, GFDRR
is supported by 34 countries and 9 international organizations.