Failure to obtain a Change of user approval can lead to the government repossessing the land. Below are the various steps that need to be taken to obtain a Change of user approval in Kenya: Application using Form PPA1(in triplicate) duly signed by a registered physical planner.
The power to control land use and development in Kenya is vested in the County Governments and therefore the owner or the legal entity of any property, who intends to develop his/her land for any purpose other than that earmarked in the approved Master Plan, will make an application, along with relevant documents, to the respective County Governments’ Department of Physical Planning for consideration through a registered physical planner.
The process includes an advertisement, and recommendations from members of the public and line ministries, which are obtained by the County Government.
The investor, through a registered physical planner will make application for the extension of user through filling in PPA 1 form, which must be duly signed by the physical planner.
The planner and the investor will then publish public notices regarding the proposed change of user in two daily newspapers, inviting objections from the public within a period of not less than fourteen days. A site notice will also be placed on the site indicating intention to change its use within the same duration.
Planning brief/report for the site is prepared by the physical planner. The process of preparing and implementing a planning brief/report provides a framework for collecting information about a site, and investigating and evaluating different interests in it. The brief will explain why the change of use is in line with the policy and why it will not have any negative effects on the land and the neighboring properties. The process could take from one day to 7days depending on the scale of the project
The requisite fee (details in the table below) will be paid to the respective County Governments and the receipt annexed to the planning brief/report prepared by the physical planner.
The brief will then be submitted to the County Government’s Department of Physical Planning for approval. The County Government receives submissions from the general public on any oppositions to the change of use. This process could take up to 7 working days:-
The County Government will then review the Change of User proposal/brief with the public objections received if any and will pass a resolution, recording reasons, regarding its consideration or non-consideration for the change. This process takes a minimum of 30 days and could extend depending on the requirements the County Government wants fulfilled.
The authority shall, if it finds that the changes sought are relevant to planning principles and are in public interest and are not in contravention to any other statute, give permission for the same by issuing a PPA2 form.
In summary, below are the requirements for application for a change of user.
1. Two Dully filled P.P.A 1 forms in triplicate submitted and signed by a Registered physical Planner
2. Planning Brief prepared by a Registered Physical Planner (signed accordingly)
3. Ownership documents (Title Deeds)*
4. Survey plan
5. Comprehensive Location Plan
6. Advertisement of proposal on:
a) Two local dailies
b) On site
7. Application fee receipt
8. Latest Rates payment receipts*
4. Professional & Statutory Costs
The Statutory & Professionals Costs involved for the change of user application are particularized below:
1. Change of User Application fee (Counties charge differently depending on location or the change sought)
2. PPA 1 form fee
3. Newspaper Advertisements (Two daily newspapers)
4. Professional Fee (Depends on the size of the project and the area the property is located)
We hope that we have sufficiently covered the procedure of obtaining a change of user approval in Kenya. Should you however need further clarifications, we remain available for further consultation.
You can reach us on:
0724 845 445