ARCH 3118 PROFESSIONAL PRACTICE NOTES

INTRODUCTION
WEEK 1

For proper and smooth practice of architecture, bye-laws and regulations were put in place for
architects to strictly follow well. The bye-laws and regulations are in form of professional ethics
and code of conduct.

Professional Ethics: These are the principles that govern the behavior of a person or group in a
business environment. This provides rules on how a person should act towards other people and
institutions in such an environment.

Code of Conduct: Is a collection of rules and regulations that include what is and is not
acceptable or expected behavior.

Law:

It is a rule or regulation made by authority such as state and is recognized by its people as having
force. The law informs members what they must do and what they must not do. In Uganda the
laws are made by the parliament. The parliament passes bill and when the president signs it
becomes A LAW. Therefore laws are acts of parliament. The law tends to control the behavior
of people and if one breaks the law is punished accordingly. In other words a law is an act of
parliament.

Rule:
It is a principle intended to guide or control action. The rules tend to inform one of what to do
and what not to do.

Bye-laws:

These are laws of local or limited application made by local councils or other bodies, using
powers granted by an Act of Parliament, and so are a form of delegated legislation. Some
byelaws are made by private companies or charities that exercise public or semi-public functions,
such as airport operators, water companies or the National Trust.

At present, byelaws are made by the local council or other body like ARB, but do not come into
force until they have been approved (confirmed) by the relevant government department. After
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the byelaws have been made, but before they can be confirmed, an advertisement has to be
placed in a local newspaper announcing that the byelaws have been made, stating where a copy
can be inspected and inviting any objections to be made to the Government department. One
month after the byelaws were made, the council (or other organisation) then applies to the
Government department for the byelaws to be approved. The government department, at the
same time as confirming the byelaws, also sets the date that they will come into force.

Because they only apply to limited areas or facilities, bye-laws are generally not made by
Statutory Instrument.

The main difference between a by-law and a law passed by a national/federal or regional/state
body is that a bylaw is made by a non-sovereign body, which derives its authority from another
governing body, and can only be made on a limited range of matters. A local council or
municipal government gets its power to pass laws through a law of the national or regional
government which specifies what things the town or city may regulate through bylaws. It is
therefore a form of delegated legislation.

Bylaws widely vary from organization to organization, but generally cover topics such as the
purpose of the organization, which are its members, how directors are elected, how meetings are
conducted, and what officers the organization will have and a description of their duties. A
common mnemonic device for remembering the typical articles in bylaws is NOMOMECPA,
pronounced "No mommy, see pa!" It stands for Name, Object, Members, Officers, Meetings,
Executive board, Committees, Parliamentary authority, Amendment.

Regulations:

It is a systematic control of behavior and actions of members of an organization of society. It is

an authoritative rule dealing with details or procedure or a rule or order issued by an executive
authority or regulatory agency of a government and having the force of law.

Rule, ruling, order, directive, act, law, by-law, edict, canon, ordinance, pronouncement, mandate,
dictate, dictum, decree, fiat, proclamation, command, injunction, procedure, requirement,
procedure, prescription, precept, guideline.

Regulations are enforced usually by a regulatory agency formed or mandated to carry out the
purpose or provisions of a legislation and is also called regulatory requirement.

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Example;

Pay particular attention to regulations relating to preparation of ESIA; (the Environmental

Impact Assessment Regulations, 1998).
Policy:
It is a strategic plan of laid out principles of an organization believed in that influences the
course of action.
Example

Colonial Housing Policy;

"Before the World War II, colonial housing policy catered for only Europeans and to a lesser
extent Asians. There was segregation whereby European lived in senior quarters and Asian lived
in junior quarters. The Africans were not catered for thus they provided their accommodation at
the periphery of the urban areas which subsequently led to the development of informal
settlements and slums (MLHUD, 2016)”.

Acts:

An act is a law that has been passed by parliament. When a bill is favorably acted upon in the
process of legislation, it becomes an act. An act guides the way people do things for a particular
purpose in order to deal with a situation successfully.

In the legal sense, this word may be used to signify the result of a public deliberation, the
decision of a prince, of a legislative body, of a council, court of justice, or a magistrate. Also, an
instrument in writing to verify facts, as act of assembly, act of congress, act of parliament, act
and deed. An act can either be public or private. Public acts, are those which have a public
authority, and which have been made before public officers, are authorized by a public seal, have
been made public by the authority of a magistrate, or which have been extracted and been
properly authenticated from public records while acts under private signature are those which
have been made by private individuals, under their hands. An act of this kind does not acquire
the force of an authentic act, by being registered in the office of a notary.

Building regulations and bye-laws

Requirements and Relevance:

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These give guidelines in building development and failure to comply with them disciplinary
action is undertaken on the offenders in form of penalties. The penalties may include; fine in
terms of currency points or imprisonment or both depending on the magnitude of the offence.

The building control regulations include;

a). Occupancy classification. It describes classes of buildings e.g. public assembly; assembly for
entertainment, theatrical and indoor sports and worship; educational, places of instruction;
industrial like Plant room and high risk industrial; business, shops and offices; residential, hotel,
dormitory, domestic residence; storage, mercantile for commercial services; institutional,
hospitals and places of detention. The regulations give full description of the works to be done
on the building in order to functional.

b). Design population

c). Parking requirements

d). Structural loading

e). Terrain category

f). Soil bearing capacity

g). Walls

h). Minimum slope

i). Staircases

j). Glass thickness

k). Room and space dimensions

l). Toilets & washbasins for persons with disabilities on wheelchairs

m). Fire resistance rating of external walls

n). Distance between a building and a boundary or between buildings on the same site

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o). Exit in escape routes

p). Specification of mortars in masonry construction

Some of the offences may include;

i). Failing to comply with terms of a notice or conditions issued under these Regulations.

ii). Erection of a building in contravention of these Regulations.

iii). Hinder or obstruct a Building Control Officer or any person authorised by the Committee.
iv). Submit a certificate which is substantially false or incorrect or fraudulent.

v). Being an owner of a building; occupy, use, or permits the occupation or use of a building
without an occupation permit.

vi). Being an owner of a building operation, fail to comply with a notice to remove rubble,
rubbish, other debris or combustible waste material.

vii). Failing to connect to public sewer.

viii). Up prescribed despising intents of chemical toilet into body of water

WEEK 2: Application of Law to the Architectural practice

On tract Law

• Contract law defines those fundamental and essential rules of ethics and morality that govern
the relationship of people that need to be enforced to maintain peace and prosperity in dealing
with each other.

• The rules of law are the necessary ethical minimum. Good practice also requires that rules of
good ethical conduct and practice be obeyed.

• Management is ordinary morality in action. This assists in process of procurement of contracts

to the completion of the project. These laws are quite essential to enable the smooth running of
the project.

Common procurement routes for construction projects:

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⮚Traditional (Client-driven)

⮚Design and Build (Contractor-driven /EPC)

⮚Management Contracting (Agency-driven)

⮚Construction Management (Driven by an Independent party e.g. Funder).

Procurement;

⮚Simply a Process of purchasing goods, works or services;

⮚Process which creates manages and fulfills contracts relating to the provision of goods, works and
services or their disposal;

⮚A process of identification, selection and commissioning of the contributions required for the
construction project.

Key Procurement principles;

⮚Timeliness - timeframes as set should be respected to all extents required.

⮚Value for Money - a balance between cost and quality must remain rational.

⮚Maximise Competition - allowing the Providers to make their offers freely.

⮚Fairness - a process of impartiality, non-discrimination, and independence.

Design and Build - commonly used for very complex or co-funded projects or very high
value projects;

⮚Contractor takes the responsibility for design and execution in-house.

⮚Client - defines requirements and approves key stages.

⮚All contractual links are made with the Contractor.

⮚Quality assurance - should be well structured.

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 Effect of procurement processes;

⮚Poor procurement planning - leads to untimely delivery, limits competition and diminishes Value-
for-Money.

⮚Inadequate Design and Specifications - lead to unjustifiable pricing and poor quality.

⮚Rushed procurement- often leads to unjustifiable pricing, risks of disputes and denies Client of
innovative options in the market.

⮚Procurement documents and records - poor documentation leads to loops of queries and poor
evidence for future legal/ contract reference.

⮚Evaluation Criteria - should be able to screen the Providers effectively to minimize risk of quack
contractors. Evaluation criteria should not be used to discriminate.

⮚Envisage the full procurement and contract cycle - right from the start, you must work through
every aspect of the pre-contract, the contract and post-contract stages.

Collaboration in construction:

Types of collaboration;

⮚Association- Lead party selects the other parties; all are evaluated by the Client, each party
contractually linked to the Client.

⮚Sub-contracting - Lead party holds the contract; assigns part of the assignment and remains
responsible for the output; Sub-contractor not evaluated by the Client.

⮚Joint Venture - All parties hold independent contracts with the Client; assignment clearly split;
though there is a Lead party, all parties are severally held responsible to the Client.

The Procurement Cycle:

⮚Procurement Planning- Needs identified; objectives defined, scheduling done, indicative costs
estimated

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⮚Solicitation - Project documentation - designs/ specifications/ToRs/ tender dossier;Sourcing offers;
Evaluation of Tenders; Selection of Provider

⮚Contract Execution- Establish contract, execute/ monitor implementation, contract close-out.

The Procurement Cycle:

⮚Procurement planning.

⮚Preparation of documents.

⮚Invitation to bid.

⮚Receipt and opening of bids.

⮚Evaluation.

⮚Decision on award.

⮚Contract formation.

⮚Contract management.

Tendering methods & procedures

a. Open Tendering - can be domestic or international ; advertisement in various media; maximizes

competition; requires considerable time and procurement cos.t
b. Restricted Tendering - Prequalified /Shortlisted Providers invited; no advertisement; saves time
while allowing competition; outcomes subject to quality of the shortlist.
c. Direct procurement/ Single sourcing- Client deals with one Provider, No competition, allows
continuity, saves time, dependent on negotiations, prone to project cost escalation.

Effective procurement is based on quality of;

⮚Tender documents

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 ⮚The Bidding Document/ Tender document- defines the tendering environment, the offer
procedures and defines the anticipated contract.

Forms of contracts

What is a contract?

⮚A legally binding and enforceable agreement to supply goods, or execute works or provide
services.

⮚An agreement with legal force. So not all agreements or undertakings do amount to contracts.The
legal binding nature of an agreement is necessary for it to be a contract.

⮚"Offer and Acceptance” is key principle.

⮚Best if it is formal and written.

⮚Clear terms necessary to describe (without ambiguity) the rights and obligations of the contracting
parties as well as agreed procedures for its administration.

Types of contracts

⮚Lump sum contract

⮚Time-based contract

⮚Admeasurement contract

⮚Framework contract

⮚Percentage -based contract

⮚Cost reimbursable contract

⮚Target price contract

⮚Retainer contract

⮚Success fee contract

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⮚Other hybrid contracting arrangement.

Conclusion:

⮚Procurement is a means of acquisition that leads to a contractual relationship.

⮚Procurement must envisage the full project cycle from Inception - Construction - Post
construction.

⮚Building procurement should deliver "Fit-for-purpose” project in line with the Client's objectives.

⮚Professionals must be accountable for Value-for-Money - a delicate balance of Quality, Cost Time
while minimizing Risk.

WEEK 3: Common laws and statutory (constitutional, legal and legislative) laws
Supremacy of the Constitution.
⮚"The constitution is the supreme law of Uganda and shall have binding force on all authorities and
persons throughout Uganda”.
⮚"If any other law or any custom is inconsistent with any of the provisions of the constitution, the
constitution shall prevail, and that other law or custom shall, to the extent of the inconsistency,
be void”.
Example
Art 32. Affirmative action in favour of marginalised groups.
⮚Notwithstanding anything in this Constitution, the State shall take affirmative action in favour of
groups marginalised on the basis of gender, age, disability or any other reason created by history,
tradition or custom, for the purpose of redressing imbalances which exist against them.
XI. Role of the State in development
⮚The State shall give the highest priority to the enactment of legislation establishing measures that
protect and enhance the right of the people to equal opportunities in development
Laws in Architecture:
⮚Laws affecting architectural professional practice and the building/built environment industry in
general.
⮚The mutual rights, duties and liabilities of the architect to the Statutory Regulators, Developer,
Contractor and the General Public.
The general regulatory framework in place;
⮚The Professional

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 Architect: Architects Registration Act 1996; regulates the Architect, through statutory
instruments and the various operational bye-laws.
⮚The Resource
Land: Land Act 1998; Land Regulations 2004
⮚The Process of Development Permission and Building Permission
Physical Planning: Physical Planning Act 2010,
National Environmental Act
Building Regulations: Building Control Act 2013
Public Health Act 1935; Public Health (Building) Regulations, Cap 281
Kampala Capital Authority Act
⮚The Realization
Health and Safety: Occupation Health and Safety Act 2006,
Building control Act 2013
Incidental laws:
Contracts Act 2010 and
Employment Act 2006

Law of contract

Aims to provide an effective legal framework for contracting parties to resolve their disputes and
regulate their contractual obligations.

Get an Agreement;

In whatever way, you obtain your business, a clear agreement detailing your relationship with the
client is important. Although in law a verbal agreement may be accepted as the basis of a
contract of engagement between architect and employer, such an arrangement would not comply
with the ARB and USA codes of conduct, and a formal procedure of appointment should always
be adopted.

A Good Agreement must have;

⮚The date of the agreement.

⮚The name and address of the employer/client

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⮚The name and address of the architect.

⮚The title and address of the project.

⮚The formal agreement to the appointment of the architect.

⮚The basis of remuneration for the architect and the arrangements for payment.

⮚The form and scope of services to be provided by the architect.

⮚The allocation of responsibilities and any limitation of responsibilities.

⮚The appointment procedure for a quantity surveyor, other consultants, and the clerk of works as
appropriate.

⮚The procedure to be followed in the event of the architect's incapacity.

⮚The procedure for the termination of the agreement.

⮚The procedure for resolving disputes between parties.

⮚The name of an agreed adjudicator or the agreed nominator of an adjudicator.

Law of Torts and Urgency

A tort is an act or omission other than a breach of contract which gives rise to injury or harm to
another and amounts to a civil wrong for which courts impose liability.

Types of torts;

-Negligence (Duty, breach, causation)

-Intentional torts

-Strict liability

The building control act, 2013

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⮚An Act to consolidate, harmonise and amend the law relating to the erection of buildings; to
provide for building standards; to establish a National Building Review Board and Building
Committees; to promote and ensure planned, decent and safe building structures that are
developed in harmony with the environment; and for other related matters.

⮚S 36(2)(h) of the Act permits a Building Committee to refuse to issue a building permit where the
building operation does not comply with the requirements of the Act.

⮚S 40(1)(b) allows a BC to issue an order stopping a building operation for a public building that
does not provide access for PWDs as provided for in the accessibility standards.

⮚S 46(2) provides for a establishment of the National Building Code which shall include, inter alia,
accessibility standards.

Constitutional basis of environmental legislation in Uganda

The environment;

(i)The State shall promote sustainable development and public awareness of the need to manage
land, air and water resources in a balanced and sustainable manner for the present and
future generations.

(ii)The utilisation of the natural resources of Uganda shall be managed in such a way as to meet
the development and environmental needs of present and future generations of Ugandans;
and, in particular, the State shall take all possible measures to prevent or minimise
damage and destruction to land, air and water resources resulting from pollution or other
causes.

(iii)The State shall promote and implement energy policies that will ensure that people's basic
needs and those of environmental preservation are met.

(iv)The State, including local governments, shall-- (a) create and develop parks, reserves and
recreation areas and ensure the conservation of natural resources; (b) promote the rational
use of natural resources so as to safeguard and protect the biodiversity of Uganda.

WEEK 4: Law relating to building projects and Regulatory control

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 These rules are in;

⮚The public health Act, 1951; statutory instrument 281--1. The public health (building) rules.
⮚Physical Planning Act, 2010
⮚Building Control Act, 2013

The Act to consolidate, harmonize and amend the law relating to the creation of buildings; to
provide for buildings standards; to establish a National Building Review Board and Building
Committees; to promote and ensure planned decent and safe building structures that are
developed in harmony with the environment; and for other related matters.

⮚Town and Country Planning Act Cap. 246 1951.

⮚The Environmental Impact Assessment Regulations, S.I. No. 13/1998
WEEK 5: Law and building projects

Study of National Building Code and Building Bye-laws framed

Contract Law

⮚Contract law defines the fundamental and essential rules of ethics and morality that govern the
relationship of people that need to be enforced to maintain peace and prosperity in our dealing
with each other.

⮚The rules of law are the necessary ethical minimum. Good practice also requires that rules of good
ethical conduct and practice be obeyed.

⮚Management is ordinary morality in action

A contract;

Is a binding and legal relationship that may be defined as;

⮚An Agreement (Agreement)

⮚Between two or more Legally Competent persons (Contractual Capacity)•Intending to create

binding Obligations (Intention to be bound)

⮚To make some Lawful Performance (Lawful)

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⮚That is Possible and (Possible)

⮚That complies with any legal or agreed formalities (if any) (Formalities).

Agreement that amounts to a contract

⮚.A contract is an agreement made with the free consent of parties with capacity to contract, for a
lawful consideration and with a lawful object, with the intention to be legally bound.

⮚A contract the subject matter of which exceeds twenty five currency points shall be in writing.

⮚25pts x UGX20,000 = UGX500,000/=

There is an offer and an acceptance of the offer (Agreement);

⮚Failure to Agree:

⮚The core issue of contract formation is coming into existence of agreement/meeting of minds

⮚Of equal importance is to know when there is no agreement, usually if the apparent agreement
comes about as a result of -A material mistake -misrepresentation or fraud -undue influence or
duress.

Mistakes

⮚Unilateral: One party is under a wrong impression regarding some fact connected with the
contract/ the parties are as to the other's intention and are at cross-purposes

⮚Operative: Prevents a contract from arising -there is no consensus, no contract. Where this leads to
inequitable and unacceptable results; one party deliberately or negligently induced the other's
mistake, or where one party is fully aware of the other's mistake but intends to 'snatch at the
bargain'

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⮚Common mistake: Both parties make the mistake.

Misrepresentation

⮚Fraudulent misrepresentation:- Re-contractual false statement of fact

⮚Misrepresentation must be unlawful

⮚Misrepresentation made intentionally

⮚Misrepresentation induces the person to whom it is made to conclude the contract/agree to its
terms

⮚Misrepresentation must be made by the other party to the contract

⮚Remedy: (1) Uphold the contract (2) Rescind contract and claim restoration of prior position (3)
Irrespective of 1 or 2 above, he may recover damages for loss suffered.

⮚Non-fraudulent: Involves same elements as fraudulent misrepresentation except that it is made

negligently or innocently.

⮚Undue influence

⮚Some unfair and improper conduct, coercion from outside, some form of cheating and generally
though not always some personal advantage obtained by the guilty party.

⮚An influence that weakens powers of resistance and renders one's will compliant; and is used in an
unscrupulous manner to persuade agreement which is (i) prejudicial and (ii) would not have been
done with normal freedom of will.

Undue influence

⮚Remedies: Injured party may choose to abide by the contract or rescind contract and claim
restitution.

Duress

⮚There must be a threat of imminent evil

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⮚The threat must be unlawful

⮚The threat must have induced the threatened party to enter into the contract or to agree to terms to
which he would not otherwise have agreed

Study of National Building Code and Building Byelaws framed by various agencies

The Building Control Regulations 2012 is a nationally recognized document which serves as a
standard reference for the regulation of building design and construction. The major benefits is
gained in applying this document as the harmonization of professional practice in the building
construction in Uganda and curtailment of informal developments so as to ensure well-planned,
well-maintained, safe, cost effective and decent building developments and human settlements
throughout the country. These codes and regulations are in conjunction with the public act, 1951
contents.

WEEK 6: PROCEDURAL METHODS OF IMPLEMENTATION OF ACTS AND BYE-

LAWS FOR LAND DEVELOPMENT AND BUILDING

WEEK 7:

WEEK 8: Study of Town planning Act and details of agencies for making Town
planning Act and Regulations

Study of Town planning Act and details of agencies for making Town planning Act and
Regulations.

The Town and Country Planning Act CAP. 246, 1951

An Act to consolidate the provisions for orderly and progressive development of land, towns and
other areas, whether urban or rural.

Buildings and other structures

Regulating and controlling, either generally or in particular areas, all or any of the following
matters;

⮚The size, height, spacing and building line of buildings;

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⮚The objects which may be affixed to buildings;

⮚The location of buildings, the extent of yards, gardens and curtilages of buildings;

⮚the purposes for and the manner in which buildings may be used or occupied, including, in
the case of dwelling houses, the letting of dwelling houses in separate tenements;

⮚the prohibition of building operations on any land, or regulating such operations.

⮚Regulating and controlling or enabling the board to regulate and control the design,
external appearance and materials of buildings and fences.

⮚Reserving or allocating any particular land or all land in any particular area for buildings of
a specified class, or prohibiting or restricting, either permanently or temporarily, the
making of any buildings or any particular class of buildings on any specified land.

⮚Reserving or allocating any particular land or all land in any particular area for the purpose
of any industrial or trade purpose or for any specified undertaking.

⮚Limiting the number of buildings or the number of buildings of a specified class which
may be constructed, erected or made on, in or under any area.

⮚Providing for the removal, demolition or alteration of buildings or works which are
inconsistent with or obstruct the operation of a scheme.

⮚Providing for the reservation of sites for places of religious worship, schools and public
buildings and for places required for public services.

⮚Providing for the reservation of sites for housing schemes.

⮚Providing for slum clearance in specified areas.

⮚Providing for the reconstruction of plots by the alteration of their boundaries or by

combining, with the consent of the owners, two or more plots held in separate ownership
or in common.

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 ⮚Providing for the allocation of plots to any owner dispossessed of land in furtherance of the
scheme.

⮚Providing for the subdivision of land.

⮚Controlling the use of land generally

This act was replaced by the Physical Planning Act of 2010.

The physical planning act, 2010

An Act to provide for the establishment of a National Physical Planning Board; to provide for the
composition, functions and procedure of the Board; to establish district and urban physical planning
committees; to provide for the making and approval of physical development plans and for the
applications for development permission; and for related matters.

Local physical development plan; means a plan for an area or part of an area of a city, municipal,
town or urban council and includes a plan with reference to any trading centre, marketing centre or
rural area;

Long-term plan includes; national, regional or district land use plans and urban structure plans,
national, regional or district network plans for settlements, services, infrastructure and transportation.

Physical planning committee; includes a district physical planning committee, urban physical
planning committee and a division or local Physical planning committee.

Regional physical development plan means; a physical development plan which covers more than
one district.

Functions of the Board

(1) The functions of the Board are

(a) To advise government on all matters relating to physical planning

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(b) To hear and determine appeals lodged by persons or local governments aggrieved by the
decision of any physical planning committees

(c) To determine and resolve physical planning matters referred to it by physical planning
committees

(d) To advise the government on broad physical planning policies, planning standards and the
viability of any proposed subdivision of urban or agricultural land

(e) To study and give guidance and recommendations on issues relating to physical planning
which transcend more than one local government for purposes of co-ordination and integration
of physical development

(f) To approve regional, urban or district physical development plans and recommend to the
Minister national plans for approval

(g) To advise the Minister responsible for local governments on the declaration of town councils,
town boards or upgrading of urban authorities

(h) To advise the Minister on the declaration of special planning areas

(i) To cause physical development plans to be prepared at national, regional, district, urban and
sub county levels.

(j) To monitor and evaluate the implementation of physical development plans.

(k) To formulate draft planning policies, standards, guidelines and manuals for consideration by
the Minister.

(l) To ensure the integration of physical planning with social and economic planning at the
national and local levels.

(m) To exercise general supervisory powers over all lower planning committees such that they
can seek guidance, set standards and take control and

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(n) to foster co-ordination of physical planning related or interdisciplinary activities in the
country in order to promote orderly and sustainable development of human settlements in rural
and urban areas.

Establishment of district physical planning committee

Each district council shall establish a district physical planning committee, which shall consist
of;

(a) The chief administrative officer of the district, who shall be the chairperson

(b) The district physical planner who shall be the secretary

(c) The district surveyor

(d) The district roads engineer

(e) The district education officer

(f) The district agricultural officer

(g) The district water engineer

(h) The district community development officer

(i) The district medical officer

(j) The clerks of all urban and town councils within the district.

(k) The district environment officer; (l) the natural resources officer; and

(m) A physical planner in private practice appointed by the council on the advice of the secretary
to the Board.

Functions of district physical planning committee

The functions of a district physical planning committee are;

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(a) To cause to be prepared local physical development plans, through its officers, agents or any
qualified physical planners;

(b) To recommend to the Board development applications for change of land use;

(c) To recommend to the district council subdivision of land which may have a significant
impact on contiguous land or be in breach of any condition registered against a title deed in
respect of such land;

(d) To approve development applications relating to housing estates, industrial location, schools,
petrol stations, dumping sites or sewerage treatment, which may have injurious impact on the
environment as well as applications in respect of land adjoining or within a reasonable vicinity of
safeguarding areas;

(e) To hear appeals lodged by persons aggrieved by decisions made by the district physical
planner and lower local physical planning committees under this Act;

(f) To ensure the integration of physical planning into the three year integrated development plan
of the district;

g) To exercise supervisory powers over all lower planning committees;

(h) To ensure integration of social, economic and environmental plans into the physical
development plans.

Urban physical planning committees

Establishment of urban physical planning committees

Each urban authority or city shall establish an urban physical planning committee which consists
of;

(a) The town clerk, who shall be the chairperson;

(b) The urban physical planner, who shall be the secretary;

(c) The city, municipal or town engineer;

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(d) The district environmental officer;

(e) a land surveyor;

(f) An architect; and

(g) A physical planner in private practice appointed by the council on the advice of the town
clerk.

Functions of an urban physical planning committee

The functions of the urban physical planning committee are;

(a) To cause to be prepared urban and local physical development plans and detailed plans

(b) To recommend development applications to the Board for change of land use;

(c) To recommend to the urban council, subdivision of land which may have significant impact
on contiguous land or be in breach of any condition registered against a title deed in respect of
such land;

(d) To determine development applications relating to industrial location, dumping sites or

sewerage treatment which may have injurious impact on the environment as well as applications
in respect of land adjoining or within a reasonable vicinity of safeguarding areas; and

(e) To hear and determine appeals made against decisions of the urban physical planner or
subordinate local authorities.

Local physical planning committees

Sub county councils to constitute local physical planning committee.

A sub county council shall constitute the local physical planning committee.

Functions of local physical planning committees

A local physical planning committee shall be responsible for;

(a) Initiating the preparation of local physical development plans;

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(b) Recommending local physical development plans to the district physical planning committee
for consideration;

(c) Recommending to the district physical planning committee the approval of local physical
development plans;

(d) Implementing structure plans, in close consultation with the district physical planner; and

(e) Implementing, in close consultation with the district physical planner.

Contents of district, urban and local physical development plans

A district, urban and local physical development plan shall consist of;

(a) A topographical survey in respect of the area to which the plan relates, carried out in the
prescribed manner;

(b) Maps and descriptions as may be necessary to indicate the manner in which the land in the
area may be used, having regard to the requirements set out in the Fifth Schedule, in relation to a
district or local physical development plan;

(c) A technical report on the conditions, resources and facilities in the area;

(d) A statement of policies and proposals with regard to the allocation of resources and the
locations for development within the area;

(e) A description and analysis of the conditions of development in the area as may be necessary
to explain and justify the statement of policies and proposals;

(f) Relevant studies and reports concerning the physical development of the area;

(g) Maps and plans showing present and future land use and development in the area; and

(h) Any other information as the Board and the committee may deem necessary.

Development permission

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(1) A person shall not carry out a development within a planning area without obtaining
development permission from a physical planning committee.

(2) A person who contravenes subsection (1) commits an offence and is liable on conviction to a
fine not exceeding forty eight currency points or imprisonment not exceeding two years or both.
(3) Any dealings in connection with any development in respect of which an offence is
committed under this section shall be null and void and that development shall be discontinued.
(4) Notwithstanding subsection (3), a local government physical planning committee shall
require a developer to restore the land on which a development is made without permission, as
much as possible, to its original condition.

MATTERS DEALT WITH IN DISTRICT, URBAN AND LOCAL PHYSICAL DEVELOPMENT PLANS

1). Every district, urban or local physical development plan, shall have for its general purpose,
orderly, coordinated, harmonious and progressive development of the area to which it relates in
order to promote health, safety, order, amenity, convenience and general welfare of all its
inhabitants, as well as efficiency and economy in the process of development and improvement
of communication.

2 .Classification of the plan area for residential, commercial, industrial and agricultural
development, infrastructure, environmental protection, natural resource management,
urbanisation, human settlements conservation, tourism and other purposes, including the
provision of special areas for industries generally, or for shops, warehouses, stores, stables, and
other buildings used for commercial and industrial purposes and fixing the sites for buildings
required for any of the purposes referred to in paragraph 1 and for public and private open
spaces, and prohibiting the carrying on of any trade or manufacture, or the erection of any
building, in a particular part of the area, otherwise than in accordance with the plan. The area to
which the plan is to apply.

4. The basis for disposing of land acquired, or to be acquired under the plan by a local
government or relevant authority. 5. The re-planning and reconstruction of the plan area,
including any provisions necessary for

(a) The pooling of the lands of several owners, (or any lands, roads, streets, or right-of-way
adjacent or near the plan area) and the re-distribution of that land among the owners;

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(b) Providing for or making new roads, streets, or rights-off way;

(c) Adjusting and altering the boundaries, areas, shapes, and positions of any land, road, street, or
right-of-way;

(d) Effecting exchanges of land or cancellation of existing subdivision as may be necessary or

convenient for giving effect to this paragraph;

(e) Adjustment of rights between owners or other persons interested in land, roads, streets, or
rights-of-way

6. Determining the type and density of development generally or in any particular locality.

7. Conservation of the natural beauty of the area, including lakes and other inland waters, banks
of rivers, hill-sides and summits and valleys.

8. Conservation and enhancement of historic buildings and objects of architectural,

archaeological, historical or scientific interest

9. Probable routes for railways and canals, probable sites for bridges, docks, harbours, piers,
quarries, power-lines, telecommunication; water drainage and sewerage; or any other work or
undertaking of public utility.

10. Works ancillary to or consequent to the plan.

11. The closure or variation of any right-of-way or easement, public or private or of any
restrictive covenants affecting land.

12. The power of entry and inspection.

13. The basis for the local government to acquire land or buildings or to make any agreement or
proposal in respect of this.

14. The basis for the local government to remove, alter or demolish and to prohibit, regulate and
control the maintenance, alteration and reconstruction of any building which obstructs the
observance or carrying out of the plan.

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15. The basis for the local government to declare any land referred to in the plan as land reserved
for streets to be public streets.

16. The basis for the local government to execute street works on land referred to in the plan as
land reserved for streets and incidental works upon adjacent land.

17. The basis for the local government to fix building lines not shown on the map illustrating the
plan. 18. The power of the local government to permit buildings in advance of building lines
fixed by the plan. 19. The basis for the local government to fix improvement lines for existing
streets and buildings. The basis for the local government to fix improvement lines for existing
streets and buildings.

20. The recovery of expenses incurred in giving effect to the plan, and the time and manner of
payment of such expenses.

21. The implementation of the plan generally, and particularly the time and manner in which, and
the person and authorities by whom or by which the plan, or any part of the plan, shall be carried
out and completed and its observance ensured.

22. Potential of given areas and comparative advantage of alternative approaches to

development.

23. Any matter necessary or incidental to the district, urban or local physical development plan.

Urban Planning

Urban planning is a technical and political process concerned with the development and design
of land use and the built environment, including air, water, and the infrastructure passing into
and out of urban areas, such as transportation, communications, and distribution networks. Urban
planning deals with physical layout of human settlements. The primary concern is the public
welfare, which includes considerations of efficiency, sanitation, protection and use of the
environment, as well as effects on social and economic activities. Urban planning is considered
an interdisciplinary field that includes social engineering and design sciences. It is closely related
to the field of urban design and some urban planners provide designs for streets, parks, buildings
and other urban areas. Urban planning is also referred to as urban and regional planning,

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regional planning, town planning, city planning, rural planning, urban development or
some combination in various areas worldwide.

Urban planning guides orderly development in urban, suburban and rural areas. Although
predominantly concerned with the planning of settlements and communities, urban planning is
also responsible for the planning and development of water use and resources, rural and
agricultural land, parks and conserving areas of natural environmental significance. Practitioners
of urban planning are concerned with research and analysis, strategic thinking, architecture,
urban design, public consultation, policy recommendations, implementation and management.
Enforcement methodologies include governmental zoning, planning permissions, and building
codes, as well as private easements and restrictive covenants.

Urban planners work with the cognate fields of architecture, landscape architecture, civil
engineering, and public administration to achieve strategic, policy and sustainability goals. Early
urban planners were often members of these cognate fields. Today urban planning is a separate,
independent professional discipline. The discipline is the broader category that includes different
sub-fields such as land-use planning, zoning, economic development, environmental planning,
and transportation planning.

Land use planning

Land use planning is concerned with the regulation of land use, development and subdivision,
with the intent of achieving the desired urban planning outcome.

Regulation of land use and development is achieved via the drafting and adoption of planning
instruments designed to influence the land use and built form goals of the jurisdiction. The
planning instruments take the form of legislation and policy, and have a wide variety of terms
across jurisdictions including acts and regulations, rules, codes, schemes, plans, policies, and
manuals; and often a combination of some of these. The planning instruments often spatially
zone land or reserve the land for certain purposes, presented in the form of a zoning map or plan.

Consultation with the community and other stakeholders is generally desired by urban planners
in most jurisdictions when planning instruments are prepared and updated. The level of
consultation will vary depending on the project.

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The urban planner will also be responsible for implementing the planning instruments. This is
achieved through a permit process, where the proponent of a proposed development, a change in
land use, or the proposed subdivision of an allotment will be required to obtain a permit,
approval, license, or consent for the proposed development or change of use. An urban planner
will be tasked with considering the proposal and determining whether it complies with the intent
and the specific provisions of the applicable planning instruments and zoning plans. Depending
on the jurisdiction, the urban planner may have authority to determine the proposal; otherwise
the planner will present a recommendation to the decision-maker, often a panel of non-planners
(for example, the elected council of a local government).

While concerned with future development, an urban planner will occasionally be responsible for
investigating development or land use which had been undertaken without authorization. In
many jurisdictions urban planners can require that unauthorized land use cease and unauthorized
development is returned to its predevelopment condition; or alternatively retrospectively approve
the unauthorized development or land use.

Strategic urban planning

Strategic urban planning sets the high-level goals and growth principles for a jurisdiction, which
in turn inform the preparation and amendment of the legal planning instruments within that
jurisdiction.

Regional planning

Regional planning deals with the planning of land use, infrastructure and settlement growth over
a geographical area which extends to a whole city or beyond. In this sense, the urban planner's
role is to consider urban planning at a macro scale. Regional planning is not concerned with
planning at the local (neighborhood) level.

Heritage and conservation

This concerns identifying, protecting and conserving / restoring buildings and places which are
identified by a community as having cultural heritage significance. This may include the task of
compiling and maintaining a heritage register, finding and making available incentives for
encouraging conservation works, and the consideration of proposals to redevelop or use a
heritage-listed place.
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Urban Revitalization

When an urban area declines, then urban revitalization takes place and often relies on obtaining
funding from government sources to assist in the regeneration of an area; the funding may be
used for a variety of purposes such as improvement of public roads, parks and other public
spaces, development of infrastructure, and acquisition of land. Such plans are not limited to an
individual development site, but rather encompass a locality or district over which an urban
redevelopment plan is prepared.

The urban planner will be responsible for costing an urban revitalization plan and obtaining
funding for infrastructure works necessary to implement the urban renewal plan and needs to
liaise closely with stakeholders during the preparation and implementation of the plan, including
government agencies, landowners and community groups.

Transportation planning

An area whereby transport facilities and infrastructure in urban and inter-regional areas are
planned.

Economic development

At this level, there is need to identify opportunities for economic growth, and encourage
investment in an area.

Environmental planning

To achieve sustainable outcomes on natural environment including land, water, flora, and fauna
an impact of land use development and subdivision is undertaken.

Urban design

This is an area in urban planning that development of designs of public spaces (streets, squares,
parks, etc.) and the relationship between is built form and public spaces are done. The Urban
designers may work with other design professionals such as civil engineers, architects or
landscape architects to complete and construct the design.

Infrastructure planning

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The planning of future provision of public works infrastructure such as water supply, sewerage,
electricity, telecommunications, and transport infrastructure, and community infrastructure
including schools, hospitals and parks.

Education and training

Urban Planning as a profession is a relatively young discipline. Few government agencies restrict
or license the profession. As a result, a number of other related disciplines actively claim to have
the training, expertise and professional scope to practice urban planning. While organizations
such as the American Planning Association, the Canadian Institute of Planners and the Royal
Town Planning Institute certify professional planners, others in related fields like Landscape
Architecture also claim to have professional autonomy in urban planning.

The Ministry of Lands, Housing and Urban Development (MLHUD)

Is a cabinet-level government ministry of Uganda, it is responsible for "policy direction, national

standards and coordination of all matters concerning lands, housing and urban development".

The ministry is also tasked to put in place policies and initiate laws responsible for sustainable
land management aimed at promoting sustainable housing for all and fostering orderly urban
development in the country.

The Ministry commonly Known as Ministry of Lands has several Directorates which include:
Lands; Physical Planning and Urban Development; and Directorate of Housing.

There must be at least one Attendee in the live class otherwise no recording will not be automatically
downloaded and you have to manually download the recording from zoom and attach this as a file in the
system.

WEEK 9: The importance of Master plans in the development of cities in context of land
and building

Master planning

A master plan will be prepared for many green field development projects. The purpose of a
master plan is to plan for the ultimate spatial layout of the land uses for a future development
area. A master plan will consider the required infrastructure to service the development and
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determine the need and location of urban amenities including commercial and industrial land,
community facilities, schools, parks, public transport, major roads, and land uses, both within
and outside the master plan area, and consider the staging of development of a master planned
area.

The urban planner will be responsible for coordinating the various professional consultant inputs,
and to lay out the master plan infrastructure and land uses. It will often be necessary for the
urban planner to consult with landowners and government agencies affected by the master plan.

The following issues may be considered for preparation of the master plan;

⮚The location of buildings, the extent of yards, gardens and curtilages of buildings;

⮚Reserving or allocating any particular land or all land in any particular area for buildings of
a specified class, or prohibiting or restricting, either permanently or temporarily, the
making of any buildings or any particular class of buildings on any specified land.

⮚Reserving or allocating any particular land or all land in any particular area for the purpose
of any industrial or trade purpose or for any specified undertaking.

⮚Providing for the reservation of sites for places of religious worship, schools and public
buildings and for places required for public services.

⮚Providing for the reservation of sites for housing schemes.

⮚Providing for slum clearance in specified areas.

⮚Reconstruction of plots by the alteration of their boundaries or by combining, with the

consent of the owners, two or more plots held in separate ownership or in common.

⮚Dispossessed of land in furtherance of the scheme.

⮚The subdivision of land.

Amenities.

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 ⮚Providing for the reservation of lands as open spaces, whether public or private, and for
burial grounds.

⮚Providing for the preservation of view and prospects and of the amenities of places and
features of natural beauty or interest.

⮚Providing for the preservation of buildings and objects of artistic, architectural,

archaeological or historical interest.

⮚Providing for the preservation or protection of soil, forests, woods, trees, shrubs, plants and
flowers.

⮚Prohibiting, restricting or controlling either generally or in particular places, the exhibition,

whether on the ground, on any building or any temporary erection, of all or any particular
forms of advertisement or other public notices.

⮚Prohibiting, regulating and controlling of the deposit or disposal of liquids, materials and
refuse.

⮚Preventing, remedying or removing injury to amenities arising from the ruinous or

neglected condition of any building or fence, or by the objectionable or neglected
condition of any land attached to a building or fence or abutting on a road or situate in a
residential area.

Public utility services.

Facilitating the location of construction of works in relation to lighting, water supply, sewerage,
drainage, sewage disposal and refuse disposal or other public utility services.

Transport and communication.

Establishes the facilities in extension or improvement of systems of transport whether by land,

water or air. Allocating sites for use in relation to transport and providing for the reservation of
land for that purpose.

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Providing for the establishment, extension and improvement of telegraphic, telephonic or
wireless communication, allocating sites for use in relation to such communication and providing
for the reservation of land for that purpose.

WEEK 10: TEST

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