NAIROBI, Kenya, Feb 6 — Property owners who install windows or balconies directly facing neighbouring plots risk being ordered to block them if the openings violate building regulations.
The Commission on Administrative Justice (Ombudsman) enforced the requirement in a February 6 decision following an investigation into a disputed high-rise development in Eastleigh.
The Ombudsman found that a multi-storey building identified as Khaleej Towers in Nairobi’s Eastleigh had been constructed up to the boundary of an adjoining property, with windows opening directly onto the neighbouring land in violation of planning and building rules.
According to the investigation, the architectural drawings themselves revealed the problem from the start.
“The architectural drawings submitted with the application showed that the building would extend to the edge (boundary)… with windows facing the neighboring plot,” the report states.
A subsequent site inspection confirmed that the design was implemented during construction.
Investigators noted that “the building was constructed up to the boundary, with openings directly facing the adjacent property,” reinforcing complaints that the development violated setback and privacy standards.
Planning regulations require developers to maintain minimum distances between windows and neighbouring properties to ensure adequate ventilation, lighting and privacy.
Coldstone Investment, the complainant, argued that the project ignored statutory requirements that bedroom windows be recessed at least 2.4 metres from a boundary and that sitting rooms and balconies maintain a 6-metre clearance.
Seal offening windows
The Ombudsman concluded that the developer could not rely on the supposed existence of a sewer corridor to justify the design.
The report states that “the presumed existence of a public wayleave could not lawfully justify construction… up to the boundary line, the omission of prescribed setbacks, or the installation of windows opening directly onto the adjoining property.”
Public health inspectors also found that the development had already compromised the neighbour’s privacy and safety.
The inspection report noted “several windows were found to directly overlook the neighboring property, thereby breaching both Building Code provisions and privacy and safety standards.”
Following the investigation, the Ombudsman directed Nairobi authorities to enforce compliance measures against the development.
The report specifically recommended that the county government regularize the building so that it complies with statutory setback requirements including requiring the developer to seal off the offending openings.
The report states that authorities should ensure compliance “including blocking the windows and balcony openings situated on the boundary and directly overlooking the complainant’s property.”
The case also exposed broader failures in the building approval process. Investigators found that the project approvals were issued despite major breaches of planning controls under the Physical and Land Use Planning Act and Nairobi zoning regulations, including excessive density and disregard of setback rules.
The Ombudsman warned that such violations are widespread in rapidly densifying neighbourhoods where buildings are erected “beacon-to-beacon,” meaning directly on plot boundaries without leaving space for ventilation, safety, or privacy.
The ruling signals that developers who ignore these rules risk costly consequences — including being forced to modify completed buildings by sealing windows, altering balconies, or demolishing non-compliant sections.
