OVERVIEW OF CHANGE OF USER AND ZONING IN KENYA

Land use in Kenya is strictly regulated to balance urban growth, environmental sustainability, and community welfare. Zoning laws dictate how land in specific areas may be used e.g., residential, commercial, industrial, agricultural, while a Change of User allows property owners to alter the designated use of their land, subject to approval by planning authorities. Zoning laws and the process of change of user are governed primarily by the Physical and Land Use Planning Act, 2019 (PLUPA). A change of user refers to altering the designated use of land e.g., agricultural to residential, or residential to commercial. The process requires county approval, compliance with zoning regulations, and payment of statutory fees.

Under the Physical and Land Use Planning (General Development Permission and Control) Regulations, a change of user means any alteration in the use, purpose or level of activity within any property that involves a material change resulting in a use that is completely different from the previous one and will require development permission. The PLUPA Act gives the County Governments the power to control and regulate development within their jurisdictions. Under Section 58 of the Act, any person who intends to carry out development must obtain development permission from the relevant County Executive Committee (CEC) Member. Section 57 explicitly prohibits any person from carrying out development without Development Permission from the relevant County Government.

The Evaluation Criteria

When a developer applies for a change or extension of user, the County Government are guided by the Third Schedule of the PLUPA Act, which mandates the consideration of specific factors such as provisions of an Approved Physical and Land Use Development Plan, have regard to the health, safety, amenity, efficiency, aesthetics and conveniences of the community generally and to the proper Planning and density of development and land use in the area, and having regard to any comments received from the officers or authorities and or relevant stakeholders as referred to in section 60. If any development application requires subdivision or change of user of any agricultural land, the county government shall require the applicant to obtain consent from the relevant Board.

The Change of User Process

Step 1: Advertise the Intended Change bypublishing a notice in two local newspapers, and place a site notice on the property. This serves as a 14-day window for any objections from the public.

Step 2: Prepare and Submit Form PPA1 Applicant is then required to complete and submit the PPA1 form, ensureing that it is signed by a registered physical planner and details the owner’s information, property location, and current use.

Step 3: Attach a Planning Brief A registered physical planner prepares a project brief that includes development plans, zoning justifications, and assessments of the impact on neighbouring properties and the environment.

Step 4: Pay the Application Fee Submit the application fee to the relevant County Government and attach the receipt to the planning documents.

Step 5: Review by Authorities –The County Government forwards the application to the Director of Physical Planning or Land Control Board (for agricultural land) for consideration within 30 days.

Step 6: Grant or Refusal of Approval – If satisfied, the County Government issues a PPA2 form (development permission). If denied, the applicant is provided with reasons and has the right to appeal.

Step 7: Amend Title and Deed Plans –The applicant is then required to submit the approved PPA2 form to the National Land Commission (NLC) to initiate the amendment of the deed plan and the land reference number.

Step 8: Survey and Valuation-The applicant appoints a licensed surveyor to facilitate a re-survey. A valuer is also engaged to revise the land rates.

Step 9: Final Approvals– The NLC Technical Committee grants final approval. The revised deed plan is submitted to the Director of Survey for authentication.

Step 10: Issuance of New Title-The old title is surrendered, and a new title with the updated land use is issued by the Registrar of Lands.

Note: Any approved development must commence within 2 years of the approval date.

Required Documents for Change of User Application: Clearance Certificates from relevant authorities i.e county, board consent etc, Two copies of completed PPA1 form signed by a registered physical planner, Planning brief outlining the rationale and impact of the change, Certified copies of ownership documents (e.g. Title Deed), A location plan showing the property and surrounding areas, Evidence of public advertisement in two daily newspapers and on-site, Receipt confirming payment of the application fee, Receipts for the latest land rates payments.

Timeline overview

The law provides a safeguard for efficiency in the change of user process. If the County fails to provide a written response within 60 days, development permission is legally deemed to have been granted according to section 58 of the Act.

Within 7 days of the Application, the County Executive Commission shall give a copy of the application to the relevant authorities/agencies who shall review and comment on all relevant matters concerning the land (Section 60). Within 14 days of receiving the copy of the development permission from a county executive committee member, the relevant authorities or agencies shall submit their comments to the respective county executive committee member.

Upon receiving a compliant application for development permission, the County Executive Committee (CEC) Member is mandated to issue a decision within 30 days, either granting the permission potentially with specific conditions or refusing it with a written explanation of the grounds for denial. Should an applicant or an interested party be dissatisfied with this outcome, they have a legal right to appeal to the County Physical and Land Use Planning Liaison Committee within 14 days of the decision. To ensure administrative efficiency and certainty for developers, the Liaison Committee is then strictly required to hear and determine the appeal within 14 days of its filing. Approval typically takes 60–90 days, depending on objections and technical reviews.

Change of user regulations in Kenya are designed to ensure orderly urban development, environmental sustainability, and protection of public interest. Property owners must strictly adhere to the Physical and Land Use Planning Act, 2019, the General Development Permission and Control Regulations, 2021, and the Land Control Act when seeking to alter land use. For clients, engaging a registered physical planner and legal counsel is essential to navigate the process smoothly and avoid costly disputes.

Approval for Change/Extension of User

Approval for change or extension of user is the official authorization granted to alter the designated use of a parcel of land such as converting it from residential to commercial or to extend its current use beyond the originally approved scope. This process ensures that the proposed use complies with zoning laws, environmental regulations, and urban development plans.

It involves submission of a valid PPA2 form, consent from the Land Control Board for agricultural land, a planning brief, newspaper notification, and assessments from relevant technical officers. Such approval is vital for promoting sustainable land use and preventing conflicts or unregulated development.

Requirements: County approval (PPA2), consent from Land Control Board (for agricultural land), planning brief, newspaper notice, officer comments and applicable approval fee.

ZONING

Zoning is the legal instrument used by the government to control the use of land and the density of development. Zoning ensures that land use remains orderly, sustainable, and compatible with the surrounding environment. For any property owner or developer, understanding these regulations is a critical step in protecting the value and legality of an investment. The Physical and Land Use Planning (Building) Regulations, Section 5 provides that A person shall only put up a building in accordance with approved plan of the area, zoning regulations and registered user on the land parcel.

In Kenya, land is generally categorized into the following zones, each with distinct sub-categories and restrictions. Residential zones include low-density areas, which are typically characterized by standalone houses such as those found in Karen, and high-density areas, which feature apartments and flats like those in Kilimani. These zones are subject to limits on building height, plot coverage, and the number of units permitted per acre. Commercial zones, such as the Nairobi CBD, are designated for offices, retail shops, malls, and hotels, with requirements focused on managing high traffic and ensuring ample parking spaces.

Industrial zones are divided into light, which accommodate small assembly operations, and heavy, which host large factories such as those in Athi River. These areas face strict regulations on waste management and noise pollution and are usually located away from residential neighborhoods. Mixed-use zone which allows blending of residential, commercial, and recreational uses within one project. They are ideal for modern estates and integrated developments. Finally, agricultural zones are reserved for farming, livestock, and large-scale plantations, with restrictions that enforce minimum plot sizes to prevent excessive fragmentation of arable land.

Before any construction, subdivision, or change of use occurs, a developer must navigate the Development Control process as outlined in Part IV of PLUPA. Under Section 59, any documents, plans and particulars that are provided to the respective county executive committee member while applying for development permission must have been prepared by the relevant qualified, registered and licensed professionals. The application for a development permission is submitted to the County Executive Committee (CEC) Member with a planning brief. For significant changes like Change of User, the applicant must publish notices in two daily newspapers and place a site notice on the property to allow for public objections. The County reviews the application based on the Third Schedule, considering infrastructure adequacy, visual impact, and environmental safety. The CEC Member has 30 days to grant or refuse the application. If no response is received within 60 days, the law deems the permission granted (Section 58(6)).

Beyond standard zoning, Kenya has strict no-go areas. Under the Environmental Management and Coordination Act (EMCA), development is prohibited on riparian land which is land adjacent to water bodies. Generally, between 6m and 30m from the highest water mark. Areas designated for forest cover or wildlife corridors are strictly protected, and obtaining a change of user here is nearly impossible. Always perform a Zoning Search at the County Planning Department before purchasing land. What looks like a perfect spot for an apartment block might be legally restricted to a single-family dwelling.

At A.O.WANGA ADVOCATES we are happy to assist you with all property transaction in Kenya. For more information or assistance please contact us on info@aowangaadvocates.com or +254794600191.

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