Land subdivision in Kenya is one of the most common ways that people use when they want to sell land.
This happens when you have one big parcel of land with one title deed and divide it into smaller portions, and then each piece gets its own separate title deed.
In Kenya, we have strict rules to ensure that land subdivision is done to keep everyone in check and organized.
In this guide, we will take you through why people subdivide land in Kenya, the laws that govern it, and the straightforward steps you can follow to legally subdivide land in Kenya.
The Laws Outlining Control of Land Subdivision in Kenya
There are various laws that governs how land is utilized in Kenya for the benefit of the users.
The Constitution of Kenya (2010)
Article 60 of the Constitution calls for just, equitable, productive, and sustainable land ownership in Kenya.
It allows the government to determine the minimum and maximum land sizes in Kenya, but that’s not yet entirely set in place. In Kenya, this prevents excessive land fragmentation.
Land Act (2012)
This legislation governs everything about land in Kenya: ownership, management, and subdivision of a parcel of land.
It provides that the government must determine what land size is feasible in Kenya. Additionally, it explains how to partition land and register it for sale in Kenya.
Land Control Act (Cap 302)
Land control act established Land Control Boards (LCBs) in every area to approve various processes, such as land subdivisions in Kenya.
The board ensures the proposed subdivision complies with legal requirements, including government land use and development policies.
Board approval is a critical step in formalizing subdivisions and registering new titles.
The Physical Planning Act (1996)
This legislation set out guidelines on land use in Kenya. It ensures the subdivision of land in Kenya complies with regulations on what the land can be used for (like housing or farming), preserves the environment, and accounts for roads or water systems. It’s necessary for places like Nairobi, or Mombasa.
Government policies
Examples include the National Land Policy (2009) and the National Land Use Policy (2017), which aim to guide land management in Kenya’s prices and use.
Those policies help prevent issues such as cutting land in Kenya into parcels that are too small or developing without a proper plan.
These laws elaborate on each other to ensure that land subdivision in Kenya has a valid cause and is in keeping with the larger Kenyan land schema.
Why Do People Subdivide Land?
There are various reasons why people sub divide land in Kenya. Here’s why they do so and how it relates to land ownership in Kenya:
Sharing With Family (Inheritance)
Many parents in Kenya subdivide their land, so each child gets a piece. Suppose you have 10 acres piece of land in Kenya; you can divide them into 5, which means each beneficiary gets 2 acres.
Making money (Profit venture of sale)
Little pieces of land for sale in Kenya are more manageable and can make more money per piece. One could divide their land and sell a half or so to settle bills or fund a project, and that’s how land prices in Kenya go up.
Development (Building Something)
If you want to build homes or shops, you can sell a plot to find money to develop to another piece of land.
Giving It Away (Gifting)
Specific individuals divide the land to provide a piece for a friend, a church, a school, or a group while maintaining the rest for themselves.
When they apply for consent in Kenya, the government gets to know why people want to subdivide land to ensure they comply with the law.
The Process of Land Subdivision in Kenya
There are a series of processes involved in a land subdivision in Kenya. It will take assistance from experts and government officials to get it right. Here’s how to subdivide land, step by step:
Step 1: Check the Title Deed
First, you must ensure that the land in Kenya is yours and that there are no complications.
You verify the title deed by obtaining an official search online through Ardhisasa or the local land office. It takes Ksh 550 and 3 days. This shows:
- Who is the registered owner of the land?
- If there is a loan or legal impediment to land subdivision in Kenya.
- Any legal battles over the land.
- Land restrictions, caution or caveats
You can’t subdivide the land until any loan or dispute is resolved. Whether you’re looking to buy land in Mombasa, Nakuru, Nairobi, Kisumu or some other part of the country, you’ll need your ID, tax PIN, and the title deed number.
Step 2: Hire a Surveyor
Get a licensed surveyor. These are the people who measure and mark your land in Kenya. They:
- Get a Registry Index Map that shows the land’s borders.
- Find the location where you want to divide the land and mark it.
- Draw a plan for subdivision of land in Kenya.
These services range between Ksh 3,000 and Ksh 100,000 based on size and position. It costs more for premium grounds like the metropolis.
Step 3: Work with a Physical Planner
A planner examines the surveyor’s plan. They:
- Ensure that it conforms to zoning and nature rules and follows requirements such as having roads.
- Explain why you’re doing land subdivision in Kenya and what it will look like.
- Provide the PPA1 form that requires to seek permission.
They ensure the new pieces operate as planned.
Step 4: Clearance from the Land Control Board (LCB) for farmland
For land sale in Kenya, clearance is required from the Land Control Board (LCB). They meet once a month. You:
- If married, go with your spouse and break down the land division in Kenya.
- Carry the title, maps, and PPA1 form.
They determine whether it suits Kenya’s farming and community, consenting to subdivide land.
Step 5: Apply to a County Government
Take the Plan to the County Lands Office with the following:
- The original title deed.
- PPA1 form (Ksh 1,000).
- Four copies of a subdivision of land in Kenya plan.
- Proof of payment of fees and taxes, if any.
- A map showing where the land is.
The county verifies it with teams such as roads and environment departments. If you are cleared, you receive a PPA2 form, which is essential when you want to buy land in Kenya.
Step 6: Obtain the Survey Director’s Approval
The plan is sent to be approved by the Director of Surveys at the Ministry of Lands. They verify its accuracy and provide fresh title numbers for the land parcels.
Step 7: Get New Title Deeds
The surveyor will register the new titles with the County Land Registry. That old title gets passed off, and they create new ones for every plot. This concludes the process of subdividing a parcel of land.
Problems You Might Face
Subdivision of land in Kenya is not always an easy thing. Here’s what could go wrong:
- Money– Surveyors, planners, and fees can cost thousands and directly affect land prices in Kenya.
- Time– It can be months or years if the offices are slow.
- Neighbors– People next to that land may argue about boundaries.
- Rules and regulations- Loans or size limits, such as one-eighth of an acre in towns, can prevent subdivision of land in Kenya.
Hire someone good and have your papers checked to stay trouble-free.
How Much It Costs
PPA1 form is Ksh 1,000.
The Other fees vary depending on:
- Land size and investment location in Kenya
- Surveyor fees (Ksh 3,000 – Ksh 100,000).
- County fees and taxes.
Discuss the budget with experts; this is important if you want to go through the process of land subdivision in Kenya.
How Long Does the Process of Land Subdivision in Kenya?
The land subdivision process in Kenya can take several months to over a year to complete. The duration depends on how quickly key stages are done, including the Land Control Board approval, county government processing, and approval by the Ministry of Lands.
Delays often happen if there are backlogs or required corrections at any department involved in the process. Generally, it involves:
- Obtaining an official search and verifying title deeds (takes about 3 days),
- Surveying and preparation of subdivision plans,
- Getting clearance from the Land Control Board (which meets monthly),
- Applying through the county offices for approval,
- Ministry of Lands approval, and
- Registration of new titles for subdivided plots.
Because different offices must review, approve, and conditionally clear the subdivision plans, it can take time, varying by the efficiency of local government offices and the complexity of the land involved.
Final words
Land subdivision in Kenya is a lengthy process to maintain fairness and usability of land in Kenya.
That means complying with laws such as the Constitution and Land Act, from checking titles to obtaining new title deeds.
Work with surveyors, planners, and government offices. Be prepared and patient; it is the only way to go through land subdivision in Kenya legally.
FAQs
What is the process of subdividing land in Kenya?
The land subdivision in Kenya can take anywhere from a few months to over a year.
That only depends on the speed of the Land Control Board, county offices, and the Ministry of Lands in processing everything.
How much do lawyers in Kenya charge for land transfer in Kenya?
Lawyers range from 2%- 5% of the land’s value for transfers, or some may charge a flat fee from Ksh 50,000 to Ksh 100,000, depending on the job and location of the piece of land.
What is the cost of land subdivision in Kenya?
The charges vary, from Ksh 1,000 for the PPA1 form to Ksh 3,000 to Ksh 100,000 for the surveyor, plus county fees and taxes.
The total varies based on the land size and location and usually ranges between Ksh 20,000 to Ksh 100,000 and above.
