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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