Procedural Safeguards against Unlawful Building Demolition in Uganda: Notice and the Right to Be Heard

Abstract

The use of building demolition as a mechanism through which public authorities enforce construction standards, regulate urban development and protect public safety in Uganda creates significant legal issues with respect to the relationship between regulatory enforcement, the protection of property rights, and procedural fairness. The study examines whether adequate procedural safeguard provisions exist within the Building Control Act, Cap. 136, as amended by the Building Control (Amendment) Act, 2026, regarding prior notice and the right to a hearing. Utilizing a doctrinal legal approach, the study analyzes relevant statutory and constitutional provisions as well as judicial precedent applicable to the regulation of building demolitions and the exercise of such power in Uganda. The study identifies procedural ambiguities resulting from the Building Committee's enhanced regulatory enforcement powers, including but not limited to whether or not sufficient notice has been provided, the opportunity to be heard and the effectiveness of administrative appeals and judicial remedies. It further considers the extent to which urgent threats to public safety may justify modifications to ordinary procedural requirements. Ultimately the study posits that there should be a clear and consistent process that protects private property interests, promotes administrative accountability, and allows for the proper and lawful application of regulatory enforcement authority.