by samson | Oct 3, 2022 | land survey
Land survey involves measuring and mapping the environment by employing calculations, specialized technology and equipment such as GPS, RTK etc. Therefore, it is an essential service that enable establishment of physical limits as well as the land measurements. Read this for more information.
land surveyor in the field
You should have a survey done under any of the following circumstances:
- Prior to purchasing land, to be sure of what you are buying, and for insurance purposes.
- Prior to installing a fence, building a house, or performing other types of construction including commercial construction staking.
- Prior to dividing a piece of land into smaller parcels .
- When you sell a parcel of land not previously surveyed.
- To verify the amount of land assessed for taxes.
- When you think a neighbor may have encroached on your property to settle boundary line disputes.
- When the property owner wants to update an outdated property survey
- Getting title insurance.
Conducting a land survey has various benefits to you as the landowner. They include;
- Determining the accurate location of your land boundaries without speculation
- Identifying the location of property utilities
- Locate any features in the land that can limit the use of such a property
- For better environmental planning and helping know whether the land is a flood zone
- Helps land owner prepare the land for construction either for a fence, temporary or permanent structure.
- Helps in land valuation also and prevents your land from being undervalued or overvalued when doing valuation of the land
- Land survey helps in proper subdivision of land either for purposes of selling or inheritance
by samson | Oct 3, 2022 | physical and land use planning
Land is a basic utility but scarce i.e. cannot be increased. Therefore, is advisable to use it in a sustainable and in various ways in order to accommodate everyone and productively meet their needs.
There are factors that exerts pressure on the available land in various countries e.g. growth of population, development regulations and standards, etc. This leads to the need to open up a platform to change the use of land. This involves a procedure where property owners can change the use of land from one purpose to another.
There is a procedure of how one can change the use of land to another use e.g. agricultural to residential, residential to commercial, and so on
what is change of use
in the context of physical and land use planning, change of use is a process of changing the current status and registered use of land from one state to another. For example, changing the use of land from agricultural to residential, agricultural to commercial, residential to industrial, etc. Read this for more information.
why should one consider applying for change of Use
To Change a registered use of a premises to another use may lead to amenity problems to neighboring premises in the area. A planning application for change of use would allow to assess if the intended new use is compatible to neighborhood characteristics and acceptable in relation to the physical and land use planning act and other relevant planning policies, regulation and standards.
NB: Failure to obtain a change of user therefore may lead to repossession of land by the government. In addition, the government may require the owner of the land to restore the land in question to its original condition
Types of land uses that can undergo change of use
Residential use- land registered specifically for the purpose of building homes where people can reside comfortably. e.g. bungalows, mansionettes, apartments,- commercial use – registered for putting up business entities such as shops, office complexes, etc.
- institutional use – registered for purpose of establishment of institutions such schools, training colleges, judiciary, etc.
- agricultural use – this land is registered for purpose of practicing farming activities such as cash or food crops and rearing livestock or poultry.
- industrial use – registered for the purpose of establishing industries. This can either be light or heavy industries.
Example of change of use applications
- Proposed change of use from Agricultural to Residential
- Proposed change of use from Agricultural to commercial
- Proposed change of use from Agricultural to Residential cum commercial
- Proposed change of use from Agricultural to Industrial
- Proposed change of use from Agricultural to light industry
- Proposed change of use from Single Dwelling Residential to Multi – Residential
- Proposed change of use from Residential to Commercial
- Proposed change of use from commercial to Residential
- Proposed change of use from Agricultural to Institutional
- Proposed change of use from commercial to industrial
- Proposed change of use from Residential to Agricultural
- Two duly filled PLUPA 1 forms in triplicate signed by a registered physical planner
- Planning briefs prepared and duly signed by a registered physical planner
- Original title deed
- Comprehensive location plan
- Advert of the proposal on two daily newspapers with nationwide circulation
- Application fee receipt
- Current rates payment receipt
Procedure for obtaining an approval for change of use
The procedure for obtaining approval of change of use is prescribed in law. The procedure is laid down in the physical and land use planning act, land act, land registration act, County government act and the national land Commission act. Land use in Kenya is vested in the county government and therefore, the relevant authority to which the application should be made is the county government to the department of Physical planning through a registered physical planner. Below is the procedure:
- Official application to the county governments: As per the Physical and Land Use Planning Act, the landowner will submit the applications for change of use through a registered planner. The planner will fill a form known as PLUPA 1 which provides details of the property’s current use and the proposed intended use. The form should also be accompanied by a detailed project report.
- Advertise a public notice on the intension to change the use of land: The planner and the proponent should publish a public notice regarding the proposed change of use in two daily newspapers with nationwide circulation to invite comments or objections from the public within a period of not less than fourteen (14) days.
- Submit the application to relevant authority: The duly signed form accompanied with the detailed planning brief will be sent to the County Director of Physical Planning. The Director will in turn share with other stakeholders such as Land Control Board, development control officer, surveyor , etc. Upon review, the permission for changing the use of land will receive a yes or no.
- Pay the required fee: Depending on the project, you will be issued with the a fee and government bank details to pay and in return you will obtain a receipt.
- Receiving feedback: The County Government will give the feedback in writing to the proponent. In case of permission is granted the landowner will receive a PLUPA 2 form whereas if a no is the response reasons will be given. In addition, a proponent has a right to appeal when permission is declined.
- Change of title deeds: Successful approval of the proposed change of use, the proponent (landowner) will be required to surrender the old title deed to the registrar in order to get new title deed for the property. He/she files them on what is known as a deed file. A successful application of change of land use means you commence development of the property within 2 years from the date of approval.
Recommendations
- If you are proposing to change the use of buildings or land, we would always recommend that you seek advice from the local planning authority to confirm whether or not planning permission or prior approval is required.
- Additionally, before you lease or buy a property for your development, you should check whether you need to obtain planning permission or prior approval for its intended use and, if so, your chances of getting it.
- Don’t hesitate to contact Georole for advice and whenever you need all these be done on your behalf in efficient and professional manner.
by samson | Oct 3, 2022 | environnment management
What is an EIA?
Environmental Impact Assessment (EIA) refers to a process of examining the likely positive or negative environmental, social and/or economic impacts of a project that is being planned. e.g. proposed industry development, multi-residential development, etc.
Why is EIA carried out?
The following are reasons an EIA is carried out:
- To identify the likely impacts (negative or positive) of a project being planned;
- To assist NEMA in deciding whether to grant or deny a license to proceed with the project;
- To identify and plan for measures that avoid, reduce or compensate for identified negative effects of the project under planning stage as well as maximize the positive impacts (benefits) of the proposed project
The main objective of carrying out an EIA is to assess the biophysical, socio-economical and human health consequences of the proposed project both in the construction, operation and maintenance phases.
Specific objectives of EIA
- To assess the adverse environmental impacts of the project both negative and positive
- To advise the proponent on appropriate mitigation measures for significant negative biophysical and socio economic impacts anticipated from the project, including the need for proper and functioning committee for the management of the facilities for sustainability among other things.
- To develop an Environmental Management Plan to guide the construction and operation phase of the project with a mechanism for monitoring and evaluation
In summary, the Environmental Impact Assessment help shape the management of environmental, social and human rights impacts for the life of a project.
Who carries out EIA?
Environmental Impact Assessment (EIA) is carried out on behalf of the owner of the proponent by a team of experts led by Environmental Experts (i.e. EIA/EA Lead Experts) registered and licensed by NEMA.
Once the assessment is carried out, the report is submitted to NEMA for processing. NEMA reviews the report and decides whether to allow or not allow the project to proceed.
When is Environmental Impact Assessment required?
According to TRANSPARENCY INTERNATIONAL KENYA 2020; ENVIRONMENTAL IMPACT ASSESSMENT PROCESS IN KENYA SIMPLIFIED HANDBOOK
“Under Kenya’s environmental laws, Environmental Impact Assessment is required for all projects that are likely to have a negative effect on the environment. The law classifies these projects into three groups according to the seriousness of their likely effects, namely: Low Risk, Medium Risk, and High-Risk projects.
The full list of projects classified under these three categories is outlined in the Second Schedule of the Environmental Management and Coordination Act. Where a planned project does not fall in any of the three categories as outlined in the Second Schedule of the Environmental Management and Co-ordination Act, the owner of the proposed project may, where in doubt, write to NEMA for guidance on whether such a project requires an Environmental Impact Assessment or not. In case the project does not require Environmental Impact Assessment, NEMA will issue a clearance letter or letter of no objection to the project owner.
The community or interested parties may request the owner of the proposed project to furnish them with this letter for avoidance of doubt. For the low and medium risk projects, the owner is supposed to submit a summary project report of the likely environmental effect of the project to NEMA.”
Examples of projects that require an EIA
Low Risk: Sport facilities, stadia, social halls; community boreholes; dispensaries, health centres and clinics; livestock holding grounds and cattle dips; expansion or rehabilitation of markets; car and bus parks; cottage industry, jua kali sector and garages among others
Medium Risk: Artisanal and small-scale mining including quarrying of precious metals and gemstones; limestone and dolomite; harvesting of aggregate, sand, gravel, soil, clay, stone and slate; gypsum; pozollana and carbon dioxide tourism and related infrastructure; shopping centers, commercial centers and complexes, business premises, shops and stores not exceeding ten thousand square meters among others
High Risk: Artisanal and small-scale mining including quarrying of precious metals and gemstones; limestone and dolomite; harvesting of aggregate, sand, gravel, soil, clay, stone and slate; gypsum; pozollana and carbon dioxide tourism and related infrastructure; shopping centers, commercial centers and complexes, business premises, shops and stores not exceeding ten thousand square meters among others
