CHAPTER 293
LOCAL GOVERNMENT AUTHORITIES (DECORATION OF BUILDINGS) ACT
[SUBSIDIARY LEGISLATION]
INDEX TO SUBSIDIARY LEGISLATION
REGULATIONS
(Section 13)
G.N. No. 181 of 1968
1. Citation
These Regulations may be cited as the Local Government Authorities (Decoration of Buildings) (Appeals) Regulations.
2. Interpretation
In these Regulations–
"Act" means the Local Government Authorities (Decoration of Buildings) Act *;
"appellant" means a person entitled to appeal under the provisions of section 5 of the Act and a person who wishes to apply for leave to appeal in accordance with regulation 7.
3. Form of appeal and contents of memorandum
(1) Every appeal under the provisions of section 5 of the Act shall be preferred in the form of a written memorandum of appeal which shall be lodged with the Minister in triplicate within thirty days of the service of the appellant of a notice under section 3 or section 4 of the Act.
(2) Every memorandum of appeal shall set forth concisely and under distinct heads, which shall be numbered consecutively, the grounds of the appellant's objection to the notice served upon him and shall be signed by the appellant.
(3) A copy of the notice appealed against shall be attached to the memorandum of appeal.
4. Statement as to service in certain cases
Where the grounds upon which an appeal is brought include a ground specified in paragraph (e) of subsection (2) of section 5 of the Act the memorandum of appeal shall, when lodged with the Minister, be accompanied by a statement as to the service of a copy of such memorandum on the other person referred to in that paragraph, setting out–
(a) the full name and address of the other person;
(b) the mode of service; and
(c) the place, time and date of service.
5. Rejection or amendment of memorandum
Where a memorandum of appeal is not drawn up or lodged in the manner and with the other documents prescribed under regulation 4 the Minister may reject it or return it to the appellant for the purpose of being amended within a time to be specified by the Minister.
6. Notification of appeal and written submissions by other parties
(1) When a memorandum of appeal has been duly lodged with the Minister in accordance with these Regulations he shall forward one copy of the memorandum to the authority which served the notice appealed against, and he may require such authority to lodge with him its written submissions if any, within such time as he may specify being not less than twenty-one days from the date on which the copy of the memorandum is forwarded to the authority.
(2) In every case where a copy of a memorandum of appeal is required to be served by the appellant on some other person, the Minister shall notify that other person when the memorandum of appeal has been duly lodged and may require that person to lodge his written submissions if any, within such time as the Minister may specify being not less than twenty-one days from the date on which the notification is forwarded to such other person.
(3) Where written submissions are not lodged within the time specified by the Minister under this regulation he may proceed to consider and determine the appeal in the absence of such submissions.
7. Application for leave to appeal out of time
(1) An appellant who fails to lodge a memorandum of appeal within the time prescribed in regulation 3, or fails to lodge an amended memorandum of appeal within the time specified by the Minister under regulation 5, may apply to the Minister for leave to appeal out of time.
(2) An application under this regulation shall–
(a) be in writing;
(b) set out the reasons for the delay in appealing;
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(c) be accompanied by a copy of the memorandum of appeal which the appellant proposes to lodge if the application is granted.
8. Power of Minister to extend time prescribed or specified
(1) Subject to the provisions of regulation 7, the Minister may, on the application of a party to an appeal or of his own motion, extend the time prescribed by or specified under these Regulations for doing any act relating to the appeal and any such extension may be made notwithstanding that the application for the appeal is not made until after the expiration of the time prescribed or specified.
(2) For the purposes of this regulation, a party to an appeal includes the authority which served the notice appealed against and such other person as is referred to in subsection (3) of section 5 of the Act.
(Section 13)
G.N. No. 182 of 1968
1. Citation
These Regulations may be cited as the Local Government Authorities (Decoration of Buildings) (Prescribed Forms) Regulations.
2. Forms
The forms in the Schedule shall be used in all matters to which they refer or are capable of being applied or adapted, with such alternations as the circumstances may require.
3. Authority may serve notice to redecorate exterior
(1) If it appears to an authority that a building in an urban area within its jurisdiction is in need of decoration to the extent that its appearance is shabby and unsightly and is seriously detrimental to the amenities of the neighbourhood, the authority may, subject to these Regulations, serve a notice in the prescribed form upon the owner or occupier of that building requiring that the exterior of the building be decorated to a reasonable standard.
(2) A notice served under subregulation (1) shall specify the nature of the work required to be performed and the time within which the work so specified shall be completed.
(3) An authority shall not be empowered to serve a notice under subregulation (1) where–
(a) the building is in an area which has been declared to be a re-development area under section 35 of the Land Acquisition Act *; or
(b) the building is in such a state of disrepair or decay that it would not be consistent with prudent estate management to repair it; or
(c) the lease or right of occupancy of the land on which the building stands will expire within three years and the Commissioner for Lands has certified in writing that he will not renew such lease or right of occupancy or has certified that he will renew such lease only upon the building being demolished or substantially reconstructed;
(d) three years have not elapsed since the building was decorated pursuant to a notice served under subregulation (1).
4. Authority may serve notice to demolish
(1) If it appears to an authority that any temporary building or structure in an urban area within its jurisdiction–
(a) is in such condition as to be dangerous to persons in the building or nearby; or
(b) is by reason of its ruinous or dilapidated condition seriously detrimental to the amenities of the neighbourhood,
the authority may, subject to these Regulations, serve a notice in the prescribed form upon the owner or occupier of the building or structure requiring that it be demolished and any rubbish resulting from the demolition be removed.
(2) For the purposes of this regulation, a temporary building or structure is one which is movable or is reasonably likely to be temporary in nature by reason of the lack of durability of the materials with which it is constructed or the manner in which it is constructed.
5. Aggrieved person may appeal
(1) Any person aggrieved by the service on him of a notice under regulation 3 or regulation 4 may within thirty days of the said service on him, or within such longer period as the Minister may allow, appeal against the notice in writing to the Minister who may, after taking into account any written submissions which the authority and the appellant may make, cancel or vary any such notice; and the decision of the Minister shall be final and may not be challenged in any court.
(2) An appeal under subregulation (1) shall lie on any of the following grounds that–
(a) the notice is not justified by the terms of regulation 3 or regulation 4, as the case may be;
(b) the work or demolition required to be performed is unreasonable having regard to all relevant circumstances;
(c) the time within which the work or demolition is to be completed is not reasonably sufficient for the purpose;
(d) the person upon whom the notice is served does not have, and is unable to borrow or otherwise raise, sufficient resources to enable the work or demolition to be performed;
(e) the notice might lawfully have been served on the occupier of the building in question instead of on the owner, or on the owner instead of the occupier, and that it would have been equitable for it to have been so served.
(3) Where the grounds upon which an appeal under this regulation is brought include a ground specified in paragraph (e) of subregulation (2), the appellant shall serve a copy of his appeal on the other person referred to and that person shall have the right to make submissions to the Minister in relation to that appeal, and the Minister shall take such submissions into account before determining the appeal.
(4) In exercising his powers under this regulation the Minister shall have regard as between an owner and an occupier to the terms and conditions, whether contractual or statutory, of the tenancy and to the nature of the work required.
SCHEDULE
FORMS
FORM 1
NOTICE TO REDECORATE
THE LOCAL GOVERNMENT AUTHORITIES (DECORATION OF BUILDINGS) ACT, 1968
(Section 3)
To: Mr./Mrs/Miss |
1. You are hereby required to redecorate the exterior of the building(s). Sasa unatakiwa upake chokaa au rangi kwa nje jengo/majengo. |
situated on plot(s): lililo/yaliyo kwenye kiwanja/viwanja: |
Block: Sehemu: |
In: Huko: |
of which you are the owner/occupier. ambalo/ambayo wewe ndiye mwenyewe/mkazi. |
2. The work to be performed is as follows: Kazi inayotakiwa ifanywe ni kama ifuatavyo: |
3. The redecoration must be completed to my satisfaction by: Kazi hiyo ya kupaka chokaa au rangi lazima itimizwe kwa namna nitakavyotosheka mwenyewe: |
(date): (tarehe): |
.................................................................................... ........................................................................ Council |
Note: The relevant sections of the Local Authorities (Decoration of Buildings) Act, are reproduced overleaf for your information. Angalia: Vifungu vya sheria iitwayo Local Authorities (Decoration of Buildings) Act, vinavyohusika na Upakaji Chokaa au rangi Majengo viko upande wa pili wa notisi hii. |
This form was served on Mr./Mrs./Miss .......................................................................... |
(a) Personal service (see signature below). |
(b) Registered Post to the following address: |
Registered Package receipt No. ......................... |
(c) Service under provisions of s. 10(e) of the Act namely ........................................................................................................................ |
Signed: .......................................................... |
(date) .............................................. (Designation): ............................................... |
.......................................... |
Received a copy of this notice Date ................................... |
FORM 2
NOTICE TO DEMOLISH
THE LOCAL GOVERNMENT AUTHORITIES (DECORATION OF BUILDINGS) ACT
(Section 4)
To: Mr./Mrs./Miss |
1. You are hereby required to demolish: Unatakiwa ubomoe: |
(description and situation of building). (habari za nyumba na mahali ilipo). |
and to remove any rubbish resulting from the demolition. na vile vile uondoe takataka zo zote zilizotokana na kubomoa huko. |
2. The grounds for requiring this demolitions are as follows– Sababu za kutaka kubomolewa nyumba hiyo ni hizi zifuatazo– |
3. The work must be completed to my satisfaction by– Kazi hiyo lazima imalizwe kwa namna nitakavyotosheka mwenyewe– |
(date): (tarehe): ................................................ |
.................................................................................... ........................................................................ Council |
Note: The relevant sections of the Local Authorities (Decoration of Buildings) Act, are reproduced overleaf for your information. Angalia: Vifungu vya sheria iitwayo Local Authorities (Decoration of Buildings) Act, vinavyohusiana na amri hii viko upande wa pili wa notisi hii. |
This form was served on Mr./Mrs./Miss .................................................................... |
(a) personal service (see signature below). |
(b) Registered Post to the following address– |
Registered Package receipt No. .............................................. |
(c) Service under provisions of s. 10(e) of the Act namely: ................................................................................................................... |
(date) ........................................... Signed: .............................................. |
(Designation): ................................................ |
.......................................... |
Received a copy of this notice Date .................................. |