by Georole Ltd | Nov 11, 2022 | physical and land use planning
According to Kenyan laws and regulations, the proponent shall apply for and secure a permit of change of use before starting a development on his land or property for a purpose other than the permitted development as per the approved Zoning Regulations Plan or the existing physical development plan. Due to powers vested on County Governments to control land use and development, application is made to seek permit of change of use from the respective County Governments’ Department in charge of Physical Planning and urban development for consideration through a registered physical planner.
Procedure for securing permit of change of use
step 1
- Place an advertisement and get recommendations from members of the public and line ministries, which are obtained by the County Government.
- Obtain PLUPA 1 form and make application for the change of use by filling in the form and duly signed by a registered physical planner.
Publish public notices regarding the proposed change of use in two daily circulating 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.- Through a physical planner prepare a Planning brief whose objectives include; to examine the compatibility of the proposed development with the development trend in the area, to provide background information regarding the site area in reference to the physical setting, location and level of infrastructure and services, to evaluate the impact of the proposed development on the socio-economic and physical environments in the area and to make appropriate recommendations in reference to the policies governing development and the level of compatibility of the development with the socio- economic environment and other land uses for consideration by the approving authorities.
- Pay the requisite fee to the respective County Government and annex the receipt to the planning brief.
- Submit the planning brief attached with the required documents to the County Government’s Department of Physical Planning for approval.
- The County Government will receives submissions from the general public on any oppositions to the change of use.
- The County Government will then review the change of use 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.
- 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 PLUPA 2 form.
step 2
- An application is further made to the Commissioner of Lands for change of use;
- The Commissioner of Lands issues an approval/consent to effect change of use, subject to Banker’s Cheque payments towards Surrender (Conveyancing and registration) and Grant of New Title (Conveyancing, registration an stamp duty);
- The Consent from Commissioner of Lands is then forwarded together with all documents to Survey of Kenya to obtain deed plan;
- Surrender the title.
Requirements for application to secure permit of change of use
- Two Dully filled P.P.A 1 forms in triplicate submitted and signed by a Registered physical Planner
- Planning Brief prepared by a Registered Physical Planner (signed accordingly)
- Planning scheme
- Ownership documents: can either be a title deed, certificate of title or certificate of lease.
- Survey plan
- Comprehensive Location Plan
- Advertisement of proposal on two local dailies
- Application fee receipt
- Latest Rates payment receipts*
Professional & Statutory Costs involved in securing permit of change of use
1. The change of use application has no standard fee since it varies in counties depending on the sought of change
2. PLUPA 1 form fee is usually Kshs.1000
3. Newspaper Advertisements (Two daily newspapers)
4. Professional Fee depending on the project size and its locality.
Conclusion
Georole Ltd hopes that this article have sufficiently covered the procedure for securing a permit of change of use in Kenya. Should you however need further clarifications, we remain available for further consultation and to assist you professionally and efficiently to secure a permit of change of use. Reach our team of physical planners through here.
by Georole Ltd | Oct 25, 2022 | land survey
It is very important for someone to ensure that he/she go for the best deal at all times when buying a land. If some important factors are ignored, to find an ideal land becomes a big challenge and the buyer may end up regretting. By reading this article you will learn about the important things you should consider before buying a land.
The important factors to consider when buying a land
- Zoning Regulation: before setting out to buy a piece of land, ensure to find out the zoning regulations for the surrounding area, and the property itself. The relevant authorities i.e., county governments have rules which states what a piece of land can be used for, whether it be agricultural, commercial, industrial, or residential. If your neighboring land can’t turn into a factory in 5 years, it might not be a great idea to build your secluded getaway there. This is important since it helps you to determine whether your intended development is compatible with the registered use of the land you are about to buy thus avoiding extra costs of processing change of use as well as mitigating the risk of restrictions from developing.
- Utilities accessibility: determine whether basic utilities such as water, electricity, gas and any other utility you may require are readily available or can be easily accessible. find out what companies can provide you with the utilities. The rates that you get will depend on the location of the land, so make sure that the information is accurate, and that you can access it all times. I recommend that reach out to the service providers via phone and ask for quotes as well as consider seeking help from locals in the area about their satisfaction with the local utilities.
- Market value of the land: this will help in understanding the economic situation of the area of investment. As an investor, it is important to understand how the growth pattern, the appreciation rates, and the use of the land for a period of time. Land is the most valuable form of asset investment in the real estate market. In most cases urban land has a much higher price in both the short and the long run. The market value of land is the main pillar which profit in real estate investing depends on. Also, by determining the land value (involve land valuer) you are able avoid over charging when purchasing a land. Read more about valuation
- Security: Take your time to find out whether there is adequate security i.e. police station or posts within the neighborhood. Do not buy land if the locality experiences criminal and social injustice activities such like robbery, theft and or kidnapping.
- Security of tenure: Make application for a postal land search at the land registry office of the locality. This is important to identify the registered owner of the land; Whether there are any incumbrances against the land e.g. caveats or cautions put on the title deeds due to disputes on the land or pending court cases regarding the land; Whether there is a charge on the land, in cases where the title deed has been used as collateral for securing a credit facility/ loan with a financial institution like a bank, etc. The search will also indicate the size of the land.
- Climate: the temperature highs and lows, rainfall amount and intensity, and seasonal changes are important factors one has to give priority when determining what land to buy. Climate can affect various aspects of life, such like; health conditions like asthma that are affected by temperature, energy usage, right type of kit home for your block of land, Potential for extreme weather conditions e.g., frost and drought, growth of vegetables and plants as well as type of crops one can grow and finally, home insulation. read more about climate.
- Social & Physical Infrastructure: Depending on your intention of use, infrastructure plays a key role in day to day activities of a developer. e.g. schools, hospitals, markets, dispensary, religious centers.
- Land characteristics: This entails soil type, topography,
- Type of intended development
earth road – not convenient during raid season.
Tarmac road – very convenient and recommended.
by Georole Ltd | Oct 21, 2022 | physical and land use planning
Definitions
A Master Plan is an evolving long term perspective plan document which is a guide to the sustainable and planned development of an organization, a town or a city. The plan document entails planning guidelines, policies, spatial needs and development plans for various socio-economic activities such as housing, transportation, community facilities etc. that support the population.
A master plan is a blueprint for the future growth of any organization and must be directly tied to the core business goals and planning. It will identify economic and other factors such as utility infrastructure development, planning, acquisition and sustainability.
A Master plan is a type of a plan that pertains to the physical development of a city, town or municipality over the long term that ranges between 10 to 15 years into the future. It is intended to guide a community’s growth from a high-level perspective, focusing on:
- Building and preserving a locality’s unique character
- Diversity
- Investment
- Desired change
- Enhance livability of a community
Note: Master plans are aspirational i.e., they imagine what’s possible and propose a direction to achieve those goals. But that doesn’t mean they are permanent. Circumstances may change as time goes on, and plans may need to be adjusted accordingly.
Importance of a master plan
The approach of a master plan provides the foundation for:
- The long-term investment plans
- The development of physical assets
- The evaluation of regulations, including zoning standards
- The identification of areas in need of utility development or extensions
- The acquisition and development of future facility sites
- The incorporation of environmental conservation and sustainability features
- The prioritization of overall needs
Process of preparing a master plan
- Public participation: ask the public about their vision and questions that will prompt them to reflect on the town’s character as well as their thoughts on the future. The goal of this step is to create community-supported vision statements, goals, and objectives that will help guide the development of your master plan.
- Relevant data collection and analysis: gather data that is likely to influence the priorities and projects identified in the master plan. this step enables you to understand the current state and identify possible future conditions that might drive the need for specific changes.
- Identify alternatives: by employing what you have learnt about current state, future projections, land maps, and community input, consider a variety of development scenarios
- Narrow down alternatives: Compare the advantages and disadvantages of each alternative, and how you can best use your current land and resources to encourage your preferred type of growth. Note that to eliminate options, you may need to develop a set of criteria to measure each scenario against.
- Prepare a strategy of moving forward: Once a development scenario is decided, form a strategy as to how, when, and by whom the recommendations of the plan should be implemented. As board and committee members in all functional areas consider proposed projects in the months and years ahead, how will you ensure that development aligns with goals and drives progress forward in the intended way?
- Manage and track project/program performance: monitor the plan’s progress over time to make sure it is heading in the right direction.
- Goals and policies: these are the desires and wishes about what kind of place it wants to be and how it wants to improve its quality of life.
- land use: Looks at the pattern of land use.
- housing: considers the pattern of residential development in determining what types of housing stock is needed and where it might best be constructed in the future as well as assessing the locality how future market forces may influence the development and affordability of housing
- Economic development: determines the strengths and weaknesses of the labor force and market sectors in the local economy in planning for new business and development.
- natural resources: identifies land, water, cultural and historic resources whose preservation is important in maintaining natural resources and the character.
- open space and recreation: assess the future recreational needs in planning for the maintenance and expansion of existing areas, and the construction of new facilities
- services and facilities
- transportation and circulation
- implementation
Recommendations
The process of preparing a master plan requires to involve professional experts such as Planners, architects and Surveyors with experience in this area.
