by Georole Ltd | Apr 22, 2023 | architectural, physical and land use planning
A building permit or construction permit is an official approval issued by government agency that allows you or your contractor to proceed with a construction or remodelling project on your property. It is intended to ensure that the project plans to comply with local standards for land use, zoning, and construction. These standards are intended to ensure the safety of current and future owners and occupants and to provide enforcement of zoning and land-use policies.
The specific issues that the building permit process may address include structural integrity of the framing work, zoning, sanitation, water, and sewer lines, fire protection, and electrical service.
The following is a list of the nine steps for obtaining a building permit in Kenya:
- Obtain a survey plan from Survey of Kenya
- Obtain a project report (Environmental and Social Impact Assessment) from an environmental expert
- Obtain approval of the environmental impact study from National Environment Management Authority (NEMA)
- Submit and obtain approval of the architectural plans from county government
- Submit and obtain approval of the structural plans
- Obtain stamps on architectural and structural plans from the Nairobi City County – Development Control Section
- Apply for project registration with the National Construction Authority (NCA)
- Receive on-site visits by NCA to check for compliance and obtain invoice
- Submit payment receipt, obtain preliminary compliance certificate and compliance certificate
Obtain a survey plan from Survey of Kenya
- Visit the Survey of Kenya offices in the ministry of land departments to obtain a survey plan. A survey plan from Survey of Kenya is a required document when applying for a building permit.
- Request for Folio Registry number search: You are required to provide proof of land ownership when requesting for the survey plan. One is shown the survey plan to confirm that it is the one they have requested for then issued with a payment authorization slip to go and pay for the survey plan.
- Proceed and pay for Folio Registry number search: You will be required to produce an authorisation of payment for this service. You will be charged Ksh 150 for the numbers search.
- Confirm availability of survey plan and Pay for survey plan: After the search is done and availability confirmed. You are to pay Ksh 650 for the survey plan.
- This process takes one day to complete.
Obtain a project report (Environmental and Social Impact Assessment) from an environmental expert
Once the survey plan has been obtained, a licensed environmental expert must be hired to prepare a project report to be submitted to NEMA.The project report can take a period of 3 to 5 days to complete.
Obtain approval of the environmental impact study from National Environment Management Authority (NEMA)
- Following the enactment of new Environmental Management and Co-ordination Act on February 27, 2009, companies now have to obtain approval of projects from the National Environment Management Authority (NEMA). Projects of all risk categories are subject to approval and an environmental impact assessment (EIA).
- It takes 30 days on average to get the approval. The cost is set at 0.05% of warehouse value, prior to February 11, 2009, the fee rate was 0.1% of warehouse value.
Submit and obtain approval of the architectural plans from county government
Submit architectural plans at the county development control office. The required documents to be submitted are the following:
- The proposed development
- A survey plan from Survey of Kenya
- Up-to-date rates payment receipts
- Structural plans
- Pay for permit fees: The County government will issue an invoice that must be paid, this can take up to 2-3 weeks to be obtained.
- Obtain architectural plans approval notification
- Submit architectural plans for signing
- The drawings are reviewed by all relevant departments simultaneously.
- When all signatures have been obtained, the approved plans are scanned and uploaded in the system so that they can be retrieved by the architect
- Obtain authenticated architectural plans and construction permit
- Building permit fee is based on the size of the building and varies from county to county depending on how its applied. e.g. some counties charge a specific amount per square meter.
Submit and obtain approval of the structural plans
- Visit the county’s development control office and follow the following steps:
- Submit structural plans
- Obtain structural plans approval notification
- Submit structural plans for signing
- Obtain authenticated structural plans
- With approved drawings, construction may start while the application for a building permit is being processed.
- The following documents are to be submitted for approval
- project plans
- architectural drawings
- Location survey of property documents and others.
- It takes approximately one day for approval.
Obtain stamps on architectural and structural plans from the Nairobi City County – Development Control Section
Once the plans have been approved, the architect must submit hard copies of the plans to be stamped by the County Government, even after submitting the documents online. The engineer must also do the same after the architect’s plans have been stamped. The engineer does not have to wait one month like the architect to bring in the hard copies.It takes approximately ten days for approval.
Apply for project registration with the National Construction Authority (NCA)
- The building company then has to register the proposed construction project with the National Construction Authority (NCA) and fill a project registration form providing details of the construction work. The Project registration form Can be downloaded from the NCA website
- It takes around a week to obtain the compliance certificate.
- Upon submission of the application, the building company receives a temporary certificate that testifies the registration is under process.
- The building company submits the project registration form to the authority with several documents listed below.
- Authenticated architectural plans (original)
- Authenticated structural plans (original)
- NEMA approval (Simple copy)
- Bill of quantities (Simple copy)
- contract/agreement (Simple copy) It should be duly signed by both the contractor and the client
- Contractor’s registration certificate (Simple copy)
- Quantity surveyor’s practicing certificate (Simple copy)
- Architect’s practicing certificate (Simple copy)
- Engineer’s practicing certificate (Simple copy)
- The building company will then be issued with an invoice on the amount of levy it should pay the authority at selected bank accounts, which are posted on the NCA website. The levy is 0.5% of the total cost of the project (percentage applicable to projects with a value of over Ksh.5,000,000).
- It takes approximately one day for approval. The approval is done free of charge.
Receive on-site visits by NCA to check for compliance and obtain invoice
- Once the application has been made, there is a site-inspection to check for compliance of the construction site against the approved plans and the NEMA clearance.
- After this site inspection, the applicant will receive an invoice showing the amount to be paid.
Submit payment receipt, obtain preliminary compliance certificate and compliance certificate
- Once payment is made, then a provisional certificate of compliance, valid for 90 days, is given to the applicant. If later, there are no violations of compliance, then the final compliance certificate will be issued
- It takes approximately seven days for approval.
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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.
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by Georole Ltd | Nov 10, 2022 | land survey, physical and land use planning
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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.
by samson | Oct 6, 2022 | physical and land use planning
Have you ever come across with terms like change of use, extension of use, extension of lease or renewal of lease? This article summarizes the definitions and differences of these terms according to physical and land use planning act, 2019 amendment. Additionally, it provides a recommendation of when to apply for renewal of lease.
In this article we are going to cover briefly on:
Change of use
This means any alteration in the use, purpose or level of activity within any land or building that involves a material change that results in a use that is completely different from the previous use and which will require development permission or any development that is out of character as under the set Regulations, a zoning plan or an approved development plan, or under the lease conditions; The Change of Use is required when—
- the proposed project includes a significant change of the registered use of the land and constituting of a change of more than twenty per cent of the registered use of the land based on the plot coverage and plinth area; and
- the existing registered use of land is not in accordance to the approved plan or the zoning regulations.
Extension of use
This means additional use other than that registered on the land while maintaining the dominance of the existing registered user or the land. The extended user should be compatible with the existing user including the character of the neighbourhood; Extension of Use is required when the proposed development includes a change of registered land use not exceeding twenty per cent in instances where a developer intends to comply with any revised physical and land-use plans and land-use zoning regulations.
Extension of lease
This is a process by which the lessee, before expiry of the lease, seeks an additional unexpired term to that lease. A lease extension should state that the original agreement being extended, name both parties involved in the contract, and state when the lease begins and ends. The parties are supposed to know how a lease extension works and how it compares to other options at the time it ends, so that they are able to decide whether the lease extension is right for them. I would recommend this article for more information.
Renewal of lease
Lease renewal is a new lease agreement. Under a lease renewal, there is a legal instant in time between the expiry of the original term and the commencement of the renewal term. Unlike a lease renewal, an extension of the original lease is a continuation of the original lease, without interruption.
When to apply for renewal of lease
The National Land Commission is required to notify a person to whom a lease (lessee) is granted by registered mail, five (5) years before expiry of the leasehold that the lease is about to expire. The notice indicates the date of expiry and notifies the lessee of their pre-emptive right to apply for extension.
The National or County Government is required in cases of non-extension of leases to give the lease holder notice of at least three (3) years before the expiry of the lease, and a copy of the same issued to the Land Commission
NOTE: Where the lease expires without prior notice by the Land Commission to the lessee, the lessee may be required to apply for a renewal of lease.
Recommendations
Lease extension or renewal and change or extension of use can be difficult processes. We recommend you get professional help from Planners and Surveyors with experience in this area.
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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.
