Architectural Services Agreement (Kenya)
ARCHITECTURAL SERVICES AGREEMENT
Architects and Quantity Surveyors Act Cap. 525 | Kenya Institute of Architects (KIA) Standard Conditions
THIS ARCHITECTURAL SERVICES AGREEMENT is made on [Agreement Date]
BETWEEN:
(1) [Client Name] (BRS/KRA: [Client BRS Or PIN]), having its registered address at [Client Address] (the "Client"); and
(2) [Architect Name] (ARBK Registration: [ARBK Number]; NCA Registration: [NCA Number]), having its address at [Architect Address] (the "Architect").
1. PROJECT AND SCOPE OF SERVICES
1.1 Project: [Project Name].
1.2 Site: [Site Location].
1.3 Project description: [Project Description].
1.4 Scope of services: The Architect agrees to provide the following stages of architectural services: [Scope Of Services]. Each stage shall be carried out in accordance with the Kenya Institute of Architects (KIA) standard conditions of engagement and the requirements of the Architects and Quantity Surveyors Act (Cap. 525).
1.5 The Architect shall prepare and lodge all building permit applications with the relevant county government under the Physical and Land Use Planning Act No. 13 of 2019, including any applications to the National Environment Management Authority (NEMA) under EMCA No. 8 of 1999 and NCA project registration under the National Construction Authority Act No. 41 of 2011.
2. PROFESSIONAL FEES AND PAYMENT
2.1 The Architect's professional fee shall be calculated on the basis of [Fee Basis]: [Fee Amount].
2.2 The estimated total construction cost for fee calculation purposes is [Estimated Construction Cost]. The fee shall be adjusted when the final construction contract sum is agreed.
2.3 VAT at 16% under the Value Added Tax Act No. 35 of 2013 is applicable to professional fees: [VAT Registration]. The Architect shall issue a KRA-compliant tax invoice for each payment milestone.
2.4 Payment milestones: (a) 10% on signing this Agreement; (b) 20% on completion of Concept Design; (c) 25% on completion of Design Development; (d) 20% on submission of building permit application; (e) 15% on completion of Tender Administration; (f) 10% on issue of Final Certificate at project completion.
3. INTELLECTUAL PROPERTY
3.1 Copyright in all architectural drawings, designs, specifications, and documents prepared under this Agreement shall be governed as follows: [Copyright Ownership], consistent with the Copyright Act No. 12 of 2001 (Section 30).
3.2 The Client shall not use the Architect's drawings for any project other than the Project described in this Agreement without the Architect's prior written consent.
4. GOVERNING LAW AND DISPUTE RESOLUTION
4.1 This Agreement shall be governed by and construed in accordance with the laws of Kenya.
4.2 Any dispute arising from or in connection with this Agreement shall be resolved by: [Dispute Resolution].
IN WITNESS WHEREOF, the Parties have executed this Agreement on the date first written above.
Authorised Signatory (Client)
________________
Signature
Architect / Principal Architect
________________
Signature
Witness
________________
Signature
What Is a Architectural Services Agreement (Kenya)?
An Architectural Services Agreement in Kenya is a contract between a client and a registered architect governing the provision of professional architectural services — including feasibility studies, concept design, schematic design, detailed design and documentation, building permit applications, tender administration, and construction supervision. The Architectural Services Agreement in Kenya is regulated by the Architects and Quantity Surveyors Act (Cap. 525), which establishes the Architects Registration Board of Kenya (ARBK) as the statutory body responsible for registering practising architects, setting professional standards, and protecting the public from unqualified practitioners.
Section 14 of the Architects and Quantity Surveyors Act (Cap. 525) makes it an offence for any person to practise as an architect in Kenya, or to use the title Architect, unless registered with the ARBK. All architectural services in Kenya — whether for residential, commercial, industrial, or public sector projects — must be provided by an ARBK-registered architect holding a current annual practising certificate. The Kenya Institute of Architects (KIA), the professional association for Kenyan architects, publishes standard conditions of engagement and a recommended fee scale that most institutional clients and major developers adopt as the baseline for Architectural Services Agreements.
The National Construction Authority (NCA), established under the National Construction Authority Act No. 41 of 2011, regulates the construction industry in Kenya. Under the NCA regulations, an architect engaged for construction supervision must be registered with the NCA as a Construction Project Manager or as a professional consultant. The NCA enforces construction standards, issues construction levy receipts (required for building approval), and registers contractors — a process the architect typically coordinates on behalf of the client.
Building approvals in Kenya are issued by county governments under the Physical and Land Use Planning Act No. 13 of 2019 and the Public Health Act (Cap. 242). The architect prepares and submits the architectural drawings, structural engineering calculations, and supporting documentation to the County Physical Planning Department and the County Public Health Officer for approval. In Nairobi County, the Nairobi City County Department of Physical Planning and Housing administers building permit applications. Building permit applications must be accompanied by proof of land ownership (Title Deed or Certificate of Lease issued under the Land Registration Act No. 3 of 2012) and payment of the prescribed application fees.
An Architectural Services Agreement differs from a general professional services contract in that it specifically addresses the multi-phase nature of architectural work: pre-design, concept, schematic, design development, contract documentation, contract administration, and post-construction phases. Architect's fees in Kenya are typically calculated as a percentage of the total construction cost — the KIA recommended scale ranges from 6% to 10% of construction cost for new residential and commercial buildings, with higher percentages applying to smaller and more complex projects.
The legal framework governing the Architectural Services Agreement (Kenya) in Kenya draws on several key statutes and regulatory bodies. Under the Companies Act No. 17 of 2015, the Registrar of Companies at the Office of the Attorney General maintains the register of Kenyan companies. Section 3 of the Law of Contract Act (Cap. 23) governs contractual obligations. The Competition Authority of Kenya (CAK) enforces the Competition Act No. 12 of 2010. The Kenya Revenue Authority (KRA) administers corporate tax under the Income Tax Act (Cap. 470). The High Court of Kenya has unlimited original jurisdiction under Article 165 of the Constitution of Kenya 2010. Parties executing a Architectural Services Agreement (Kenya) in Kenya should confirm the document reflects current law, including any amendments enacted since the original drafting date. The Architects and Quantity Surveyors Act Cap. 525 sets the foundational requirements.
When Do You Need a Architectural Services Agreement (Kenya)?
An Architectural Services Agreement in Kenya is required at the commencement of any construction, renovation, or building development project that requires the services of a registered architect under the Architects and Quantity Surveyors Act (Cap. 525).
An Architectural Services Agreement is needed when an individual landowner or a developer registered with the Business Registration Service (BRS) wishes to construct a new residential building, commercial complex, or mixed-use development in Kenya, and must engage a registered architect to prepare drawings for county building permit approval under the Physical and Land Use Planning Act No. 13 of 2019. County governments in Nairobi, Mombasa, Kisumu, and other urban areas require architectural drawings signed and stamped by an ARBK-registered architect before any building permit is issued.
An Architectural Services Agreement is required when a public sector client — a county government, a state corporation, or a national government ministry — procures architectural design services under the Public Procurement and Asset Disposal Act No. 33 of 2015. Government procurement of professional architectural services above the prescribed threshold requires a formal contract meeting the Public Procurement Regulatory Authority (PPRA) standard conditions, which align with the KIA standard engagement conditions.
An Architectural Services Agreement is needed when a developer in Nairobi's high-growth real estate market — including the Westlands, Karen, Kilimani, Runda, and Ruiru development corridors — engages an architect for a multi-unit residential development requiring National Environment Management Authority (NEMA) environmental impact assessment certification under the Environmental Management and Co-ordination Act (EMCA) No. 8 of 1999.
An Architectural Services Agreement is required when a property owner intends to renovate, extend, or change the use of an existing building. The Physical and Land Use Planning Act and county development control bylaws require planning permission for most alterations above a prescribed floor area — the architect prepares the change-of-use application and structural certification supported by a registered structural engineer.
An Architectural Services Agreement is needed when a financial institution — such as Kenya Commercial Bank (KCB), Equity Bank, or ABSA Bank Kenya — finances a development project and requires a project monitoring architect appointed by the bank to certify construction progress for staged loan disbursements, distinct from the developer's own project architect.
What to Include in Your Architectural Services Agreement (Kenya)
A valid Architectural Services Agreement in Kenya under the Architects and Quantity Surveyors Act (Cap. 525) and the KIA standard engagement conditions must contain the following essential elements.
Parties: The full legal name and address of the client (including BRS registration number for corporate clients), and the full legal name, ARBK registration number, and current annual practising certificate number of the architect or architecture firm. Only ARBK-registered architects may legally provide architectural services or use the title Architect in Kenya under Section 14 of the Architects and Quantity Surveyors Act (Cap. 525). The architect's NCA registration number should also be included for projects requiring construction supervision.
Project Description and Site: A detailed description of the proposed project — building type, intended use, approximate floor area (in square metres), number of storeys, and the property's legal description including title deed reference and county. The Land Registration Act No. 3 of 2012 requires the property to have a registered title before building permit applications can be processed.
Scope of Services: A clear specification of the architectural services to be provided, broken down by work stage: Stage 1 (Inception and Feasibility), Stage 2 (Concept Design), Stage 3 (Design Development), Stage 4 (Construction Documentation), Stage 5 (Procurement/Tender Administration), Stage 6 (Construction Supervision), and Stage 7 (Project Close-out and Final Certificate). The KIA standard conditions define each stage's deliverables and the architect's obligations at each stage.
Fees and Payment: The architect's professional fee — expressed either as a percentage of the total construction cost (KIA recommended: 6% to 10% for new residential and commercial buildings), a lump sum, or an hourly rate for minor commissions. Payment milestones tied to work stage completion: typically 10% on appointment; 20% on completion of concept design; 25% on completion of design development; 20% on submission of building permit application; 15% on completion of tender administration; and 10% on completion of construction supervision. VAT at 16% under the Value Added Tax Act No. 35 of 2013 applies to professional fees where the architect's annual taxable turnover exceeds KES 5,000,000.
Building Permit and Regulatory Obligations: Confirmation that the architect will prepare and lodge building permit applications with the relevant county government under the Physical and Land Use Planning Act No. 13 of 2019, prepare NEMA environmental impact assessment reports where required under EMCA, and coordinate NCA construction registration and levy payment under the National Construction Authority Act No. 41 of 2011.
Intellectual Property: Ownership of copyright in the architectural drawings, designs, and documents — under the Copyright Act No. 12 of 2001, copyright in architectural works vests in the architect as creator unless expressly transferred to the client. The Architectural Services Agreement must specify whether copyright is retained by the architect (subject to a licence for the specific project) or transferred to the client upon payment of fees.
Dispute Resolution: The KIA standard conditions and most institutional Architectural Services Agreements in Kenya provide for disputes to be referred to arbitration under the NCIA Arbitration Rules 2015 or under the Arbitration Act No. 4 of 1995, given the technical nature of architectural disputes about design quality, construction compliance, and fee entitlement.
The forms-legal.com Architectural Services Agreement template for Kenya covers all mandatory ARBK and KIA elements and provides practical guidance on NEMA, NCA, and county planning compliance across all 47 county governments in Kenya.
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note = {Free legal document template}
}Frequently Asked Questions
Yes. Section 14 of the Architects and Quantity Surveyors Act (Cap. 525) makes it a criminal offence for any person to practise as an architect in Kenya, describe themselves as an architect, or imply that they are qualified to act as an architect, unless registered with the Architects Registration Board of Kenya (ARBK) and holding a current annual practising certificate. ARBK registers graduates of recognised university architecture programmes — in Kenya: University of Nairobi, Jomo Kenyatta University of Agriculture and Technology (JKUAT), and other accredited institutions — who have completed a prescribed period of practical training and passed the ARBK professional examination. Foreign architects may apply for temporary registration for specific projects under ARBK's project registration procedure. Any Architectural Services Agreement signed by an unregistered person purporting to be an architect is potentially void and exposes the client to liability for any construction defects that arise. Clients should verify ARBK registration status on the ARBK public register maintained at ARBK's Nairobi offices before signing an Architectural Services Agreement.
Under the Copyright Act No. 12 of 2001, Section 30, copyright in architectural drawings and architectural works — including plans, designs, models, and the completed building itself — vests in the architect as the creator, unless there is a written agreement transferring copyright to another party or unless the architect created the works in the course of employment, in which case copyright vests in the employer. In the context of an Architectural Services Agreement in Kenya, this means that without an express copyright transfer clause, the client receives only a licence to use the drawings for the specific project for which they were created — the architect retains ownership and can prevent the client from reusing the designs for other projects. Clients — particularly property developers who wish to replicate building designs across multiple sites — must negotiate and include an express copyright assignment clause in the Architectural Services Agreement. The assignment of copyright must be in writing under Section 31 of the Copyright Act. The Copyright Board of Kenya, administered by the Kenya Copyright Board (KECOBO), maintains a copyright register where architectural works may be registered for additional protection.
Architectural professional fees in Kenya are typically calculated using one of three methods recommended by the Kenya Institute of Architects (KIA). The most common method is a percentage of the total construction cost — the KIA recommended fee scale ranges from 6% to 10% of the total construction cost for new residential and commercial buildings (higher percentages apply to smaller and more complex projects; lower percentages to larger repetitive schemes). For small or simple commissions, a lump sum fee may be agreed for specifically defined services. For feasibility studies, expert reports, and specialised consultancy, fees may be calculated on a time basis — hourly or daily rates that must be disclosed in the Architectural Services Agreement. All architectural fees are subject to VAT at 16% under the Value Added Tax Act No. 35 of 2013, where the architect's annual taxable turnover exceeds the KES 5,000,000 registration threshold. KRA PIN-to-PIN transactions between VAT-registered entities require a KRA-compliant tax invoice. The KIA recommended fee scale is periodically updated — clients and architects should confirm the current scale at the time of engagement.
An architect in Kenya typically coordinates the following regulatory approvals for a building project. First, County Physical Planning Approval: architectural drawings must be approved by the relevant county government's Director of Physical Planning under the Physical and Land Use Planning Act No. 13 of 2019. In Nairobi, applications are submitted to the Nairobi City County Department of Physical Planning and Housing. Approval typically takes 30 to 90 days for residential projects and 60 to 180 days for commercial developments. Second, County Public Health Clearance: the County Public Health Officer reviews the sanitation, drainage, and ventilation aspects of the building design under the Public Health Act (Cap. 242). Third, NEMA Environmental Impact Assessment (EIA): for projects above prescribed thresholds — including developments above 1,000 square metres floor area, projects in environmentally sensitive areas, or projects involving waste generation — an EIA report must be submitted to the National Environment Management Authority (NEMA) under the Environmental Management and Co-ordination Act (EMCA) No. 8 of 1999. Fourth, National Construction Authority (NCA) Project Registration: the NCA must be notified and the NCA construction levy paid before works commence on the site. Fifth, Utilities Connections: Kenya Power (for electrical connections), Nairobi City Water and Sewerage Company (NCWSC) or county water utility (for water and sewerage connections), and Safaricom/other telecoms providers.
Where an architect fails to complete architectural services in accordance with the terms of an Architectural Services Agreement in Kenya, the client has several remedies under Kenyan law. Under the Law of Contract Act (Cap. 23) and common law principles of breach of contract, the client may: terminate the agreement and engage a replacement architect, claiming the additional cost of re-engagement and any delay-related losses as damages; claim damages for defective or incomplete design services, including cost of design corrections and any consequential construction defects; or seek specific performance of the architect's obligations from the High Court (Commercial Division) where damages would not be an adequate remedy. The Architects and Quantity Surveyors Act (Cap. 525) also empowers the ARBK to investigate professional misconduct complaints against registered architects — including failure to complete contracted services, abandonment of a project, or issuing negligent completion certificates. An ARBK disciplinary finding may result in suspension or cancellation of the architect's registration. The KIA Code of Professional Conduct additionally provides an internal professional conduct mechanism. Most KIA standard Architectural Services Agreements include an arbitration clause referring disputes to the Nairobi Centre for International Arbitration (NCIA) under the Arbitration Act No. 4 of 1995.
While the Law of Contract Act (Cap. 23) does not require all service contracts to be in writing, the Architects and Quantity Surveyors Act (Cap. 525) and the Kenya Institute of Architects (KIA) standard conditions of engagement strongly recommend — and in practice require — a written Architectural Services Agreement for all commissions. The KIA Code of Professional Conduct requires ARBK-registered architects to confirm their engagement in writing before commencing work, setting out the scope of services, fee basis, and key project parameters. A written agreement is essential for any dispute resolution — whether through negotiation, NCIA arbitration, or High Court proceedings — because without written terms, the scope of the architect's services, the fee entitlement, and the ownership of intellectual property in the drawings cannot be established with certainty. For government and public sector commissions under the Public Procurement and Asset Disposal Act No. 33 of 2015, a written contract is a mandatory procurement requirement. For projects above KES 5,000,000 in value, the National Construction Authority (NCA) additionally requires evidence of a written professional engagement as part of the NCA project registration process.
This template is provided for informational purposes only and does not constitute legal advice. Laws vary by jurisdiction and change over time. Consult a qualified attorney for advice specific to your situation.Full disclaimer
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