Cost Of Change Of User In Kenya

Cost Of Change Of User In Kenya

The land law of Kenya allows change of user of property from one category to another. The government, as custodian of all property, has the right to restrict land use available to residents.

The process involves getting approval from the relevant authorities like the County Government and a registered physical planner.

The main costs involved in getting change of user approval in Kenya include:

• Change of User application fee – Varies by county, around Ksh100,000 -170,000 on average
• Professional fees to physical planner – Around Ksh50,000-100,000 depending on land value and project complexity
• Newspaper publication charges – Around Ksh3,000 for notice in local daily
• Consent fee payable to National Land Commission – 0.5% of market land value
• Premium payable to County Government – Up to 20% of land value
• Other incidental costs like transport, photocopies etc.

The process can take 2-6 months depending on county and project. Engaging professionals like lawyers and valuers is recommended.

Change Of User Process In Kenya

Here are some key points about the change of user process in Kenya:

• The process is governed by the Physical Planning Act and County Governments. An application needs to be made to the County Government.
• A registered physical planner must prepare and submit the application on PPA1 forms.
• Notification of the proposed change of user is published in the local daily newspaper.
• Approval is required from the National Land Commission and payment of consent fees.
• A premium may be charged by the County Government up to 20% of land value.
• The County will undertake inspection of the site before approving change of user.
• Entire process can take 2-6 months depending on county. Delays are common.
• Professional fees for physical planner, lawyers etc have to be paid by applicant.
• After approval, the land owner applies for a new title deed reflecting the change of user.
• Public participation may be required for large projects before approval.
• Reasons for rejection include zoning issues, failure to meet standards, public objections etc.
• Appeals against rejection can be made to National Tribunal for physical planning disputes.

The process requires patience and engaging the right professionals. Costs vary across counties but can run over Ksh200,000 on average.

What Is The Law On Change Of User In Kenya?

The main law governing change of user of land in Kenya is the Physical Planning Act, 2019. The Physical Planning Act, 2019 and County Governments regulate the change of user process to ensure orderly urban development. Some key aspects of the law include:

• It provides the procedures and requirements for change of user of land from one category to another.
• Change of user must align with the overall physical development plans for the area.
• An application needs to be made through a registered physical planner to the county government.
• Public participation may be required before approval of major changes.
• Approval is also needed from National Land Commission for consent.
• The county government can impose a premium of up to 20% of the market value of land.
• Reasons for rejecting an application include failure to conform with planning standards, public objections etc.
• Appeals can be made against rejection to the National Physical Planning Disputes Tribunal.
• Offences and penalties are specified for undertaking unauthorized change of user.
• The National and County Governments oversee and enforce the regulations.
• The law provides model application forms and fees to be charged.
• Regulations have been passed on precise planning fees to be charged.

Law and Procedure of Obtaining Change of User in Kenya

The law provides the framework while the procedure involves submitting an application with documents, public notification, government review and approval, and finally updating the title deed.

Here is an overview of the law and procedure for obtaining change of user approval in Kenya:

Law

• The Physical Planning Act, 2019 provides the legal framework for change of user of land in Kenya.
• It empowers county governments to approve applications for change of user aligned with development plans.
• The National Land Commission’s consent is also required.

Procedure

• An application is made through a registered physical planner using PPA1 forms.
• Documents required include title deed, survey map, current user, proposed use, justification, etc.
• The application is submitted to the County Physical Planning office with fees.
• A public notice of intention is published in a newspaper.
• The application is reviewed based on planning regulations and site inspection done.
• If approved, the National Land Commission’s consent is obtained by paying 0.5% of land value.
• The county issues a letter of approval listing any conditions.
• A premium of up to 20% of land value may be charged by the county.
• The final step is to apply for a change of user on the title deed.
• The process can take 2-6 months based on county. Professionals like lawyers are engaged.
• Reasons for rejection include non-compliance, public objections, zoning issues etc.