You have most likely once stood on an open piece of land and envisioned building your dream home, a bustling shop, or what have you, maybe even a factory.
That dream may be realised in Kenya through a process known as change of use. It is the legal means to change the purpose of land from one type, such as agriculture, to another, such as residential or commercial.
It’s more than just building away, though, and there are steps you’ll need to go through to get there legally.
If you’re interested in how it goes, we will guide you through the complete change of use in Kenya process so you get everything you need to know.
By the final step, you’ll be an expert, ready to take on this process confidently.
What is a Change of Use in Kenya?
But before we begin the process, let’s explain a use case in Kenya.
Let us say you have a piece of land on which you grow crops. That’s agricultural land. But now, you want to put a house or a business there.
What do you need to do that?
To do so, you must first get permission from the government to change the land’s purpose. This is known as a change of use in Kenya, ensuring that your property matches the country’s land use rules, zoning regulations in Kenya, and development directives.
It’s a means to ensure that land is used responsibly for farming, housing, or business and that it realises optimal environmental and community benefits.
The change of use process in Kenya is based on the laws such as the Physical Planning Act of 2019, the Land Act of 2012, and the Land Control Act.
These laws function in concert to govern the use of land and to prevent changes from harming the public or the long-term value of the land.
Why is a Change of Use in Kenya meaningful?
You may wonder why I can’t build what I want on my land.
Great question. Kenya also has laws to safeguard farmland, the right to adequate food, and the sound planning of towns and cities.
Without the change of use in Kenya, people would be building factories on farmland or erecting houses on land earmarked for industries, creating unnecessary havoc.
The process ensures that any change will help you, your neighbours, and our country. What’s more, if you bypass this process and start construction, you might be fined, have your building demolished or even lose your land.
So, knowing how change of use works in Kenya is the key to repurposing and transforming your land into something else without any legal issues.
The Step-by-Step Process of Change of Use in Kenya
Step 1: Know your land and goals
The first stage to a change of use in Kenya is to know what you have. What is the next-best use of your land now? Chances are, if it’s farmland, it’s zoned agricultural.
You must also determine what you want to change it to, residential if for a home, commercial if for a shop, or industrial if for a factory.
This is important because it lays the groundwork for everything else.
It’s also worth checking the title deed of your land to confirm its current use and any restrictions. Some lands have conditions which restrict what you can do, so it’s a good idea to find out right from the start.
If you aren’t sure, a quick trip to the local land office or a conversation with a property lawyer in Kenya can clarify things. This is the step you get excited about because it’s where your dream starts forming.
Step 2: Hire a Registered Physical Planner
You won’t even be able to negotiate a change of use in Kenya on your own; you’ll need a specialist known as a registered physical planner.
These professionals are familiar with Kenya’s planning laws, and they will hold your hand as you undertake this process. They’re your trip leader on this passage, keeping you from getting lost amid the paperwork and legalities.
The planner is to generate a comprehensive document called a planning brief. That report would explain why you want to change the land’s use, how it fits the area’s zoning rules, and its impact on the environment and the community.
Hiring an expert planner in Kenya is essential for a change of use since their knowledge will help guarantee that your proposal is coherent and strong.
Step 3: Prepare and Submit Your Application
It’s time to make it official by applying for a use change in Kenya.
You will have to complete what is known as the PPA 1 form, obtainable from your County Government’s Department of Physical Planning.
You’ll need two signed copies by your physical planner and submit them in triplicate (three copies each) for this form.
Your application should be forwarded to:
- The PPA 1 applications have been completed in full.
- Christopher helped write the planning brief for you.
- A copy of your title deed or lease certificate.
- A survey map that delineates your land’s boundaries and size.
- The plot number of the land to search for your property.
Step 4: Notify the Public
And here’s where a change of use in Kenya is interesting: you have to tell the public what you plan to do. The government must ensure your neighbours and the community are O.K. with the change. You’ll need to:
Advertise in two daily newspapers spread throughout Kenya that you intend to change land use. These advertisements must run for 14 days to allow people to comment or object.
Post a notice on your property, like a signboard, so people passing by can see what you want to do.
This is an essential move as it makes things transparent. It’s an opportunity, too, for you to demonstrate that your project won’t hurt the community. If someone protests, that’s OK, you’ll have a chance to field their objections later.
Step 5: Get Feedback from Authorities
As the public scrutinises your plans, so will the County Government and other professionals verify that your use change in Kenya is viable. They will seek comments from people such as:
- Contact the Commissioner of Lands to ascertain the status of your land.
- The Chief Engineer (Roads), to ensure your proposals don’t get in the way of streets and infrastructure.
- The Chief Public Health Officer is to assess the health risk.
It’s a bit like a quality check to ensure that your project fits in with the broader change of use going on in Kenya. “That’s exciting because it shows how rigorous the process is; out of that, you get as much done right,” he said.
Step 6: Review by the County Government
You also need a review from the County Government’s Department of Physical Planning. They’ll review your application, the planning brief, public comments, and other authorities’ input. This is where they decide whether your use change in Kenya is good to go.
The County is now to consider the matter within 30 days as stipulated by the Physical Planning Act. They can:
- Approve your application, sometimes with conditions (such as specific building rules).
- Turn it down- down- They will also provide reasons why.
They’ll give you an official approval certificate called a PPA 2 form if approved. The moment is so exciting because it brings you one step closer to beginning your project each time.
Step 7: Process the New Title
Now that you have the PPA 2 form, more than half of Kenya’s change of use process is done. And now, you must record the new use in your land’s title.
Carry your Approval Certificate, Deed Plan and your old Title to the Land Registrar in the district lands office. They’ll give you a new title with a new form of land use, like “residential” instead of “agricultural.”
You might need to pay (0.5% of your land’s market value – as a consent fee) to the National Land Commission and a premium (up to 20% of the land’s value) to the County Government at this step.
These charges help to reimburse the government when the change is required.
Step 8: Deal With Appeals (If Necessary)
Should your application fall on deaf ears in Kenya, do not despair. If you disagree with the ruling, you may present your case to the County appeals board or the Environment and Land Court.
Your physical planner and the property lawyer may help you argue this. This step indicates that the use change in Kenya is fair, and you can strive for your dream.
Cost of Change of Use in Kenya
Let’s have that money talk—because you’re probably trying to figure out how much change of use in Kenya costs. Here’s a rough breakdown:
- Application fee: Kshs 100,000–170,000, depending on your county.
- Physical planner fees: Ksh 50,000-100,000 to get their guidance.
- Newspaper ads: Approximately Ksh 3,000 for a pair of advertisements.
- Consent fee: 0.5 per cent of your land’s market value.
- Premium: Up to 20 per cent of the worth of the land.
- Other costs: Transportation, photocopies, and legal expenses.
These expenses can add up quickly, but they’re worth incurring to stay out of legal trouble. Just think of the comfort you’ll have when your project is fully approved.
Things to Watch Out For
The Kenyan process of change of use is not always a smooth flow. Here’s what to consider:
- Public protests: Ensure neighbours or the local community don’t protest your permitted addition.
- Zoning rules: Your plans must conform to the county’s zoning codes, or you’ll be denied.
- Agricultural protection: Kenya esteems its farmland, so anything compromising its food security could be more challenging.
- Time frame: This might last for 2 to 6 months, so prepare in advance and have patience.
Step around the use change in Kenya, and you will be fined, have your building torn down, or even lose your land. So it’s worth doing well.
Why This Process is Exciting
You could be forgiven for thinking that a use change in Kenya involves much effort, but it’s also incredibly satisfying.
Picture transforming a quiet patch of farmland into a bustling home, a flourishing business, or a place that brings a community together.
Each little step moves you closer to that mark. Plus, you’re helping support Kenya’s orderly and sustainable development by following the rules.
Success Factors in the Change of Use In Kenya
Here are a few tips to make your change of use in Kenya adventure a breeze:
- Do Your Homework: Look at your land’s title and what zoning rules apply beforehand.
- Employ professionals: A physical planner and an attorney are your best friends.
- Be open: Involve the community early to reduce pushback.
Work Through ArdhiSasa: In some countries, such as Nairobi, specific applications can be submitted online via the ArdhiSasa platform, so going through that process can be a time saver.
Final Thoughts
The path towards change of use in Kenya is your ticket to developing new ideas of what to do with a particular piece of land. Every step from finding a planner to getting that new title is a victory.
It’s a process that takes patience, but bringing your vision to life is worth the payoff. Knowing about a use change in Kenya will enable you to do it correctly, whether it is a home, a shop, or something bigger.
