Land remains Kenya’s most valuable and most regulated asset. Article 60(1) of the Constitution of Kenya, 2010 commands that land in Kenya shall be held, used and managed in a manner that is equitable, efficient, productive and sustainable. To give effect to that command, the law does not leave landowners free to put their land to any use they please: every parcel carries a designated use and converting that parcel from one use to another (a change of user) is a regulated planning process requiring formal approval.
Whether you are a farmer eyeing the rental market on the urban fringe, a homeowner who wishes to open a commercial establishment, a developer assembling land for apartments, or an investor acquiring property whose current use does not match your plans, understanding the planning system is essential. Proceeding without approval exposes you to criminal penalties, enforcement notices, demolition or restoration orders, and unmarketable titles.
What is physical and land use planning?
Physical and land use planning is the process by which the State organises, regulates and controls how land may be used, developed and conserved, in order to achieve orderly, healthy, economical and sustainable human settlements. It operates through three main instruments:
- the preparation of physical and land use development plans;
- zoning, which allocates permitted uses and densities to defined areas; and
- development control, which is the approval machinery through which every development — including a change of use — must pass.
The principal statute governing physical planning, zoning, development control, and change of use is the Physical and Land Use Planning Act, No. 13 of 2019 (PLUPA) ( CAP 303), which commenced on 5 August 2019 and repealed the Physical Planning Act, 1996. Its objects under section 3 include providing the principles, procedures and standards for preparing and implementing development plans at national, county, urban and rural levels; the administration of physical planning; the procedures and standards for development control; a framework for coordination among county governments; a dispute-resolution mechanism; and a framework for the equitable and sustainable use, planning and management of land.
What exactly is a “change of user” in Kenyan law?
Every parcel of land in Kenya has an approved or designated use, reflected in the zoning of the area and, very often, in the user clause endorsed on the title or contained in the lease (for example, “agricultural use only” or “single dwelling residential”). Under the Physical and Land Use Planning (General Development Permission and Control) Regulations, 2021, a change of user is, in substance, a material alteration in the use, purpose or level of activity on a property that results in a use completely different from the existing approved use, for instance, converting agricultural land to residential use, or a residential plot to commercial use.
A change of user amounts to “development” for PLUPA and therefore requires development permission from the county government before the new use may lawfully commence. It should be distinguished from an extension of the user, which adds a complementary use to the existing one (for example, from residential to residential-cum-commercial) rather than replacing it altogether. Both, however, follow a broadly similar approval process.
Accordingly, a change of User is the legal process through which land designated for one use is approved for another use.
Examples include:
- Residential to commercial;
- Residential to institutional;
- Agricultural to residential;
- Agricultural to industrial;
- Industrial to commercial.
The change only becomes lawful upon approval by the relevant County Government.
What are the key principles of physical planning and land use in Kenya?
Planning decisions, including decisions on change of user applications, are not made at large. They are anchored in constitutional and statutory principles which every person engaged in physical and land use planning and regulation is bound to observe (sections 4 and 5, PLUPA). The key sources are:
- Sustainable Development: Land should be used in a manner that meets present needs without compromising future generations.
- Public Participation: Members of the public must be involved in planning decisions.
- Efficient Land Use: Land resources should be utilized optimally.
- Environmental Protection: Planning must protect ecosystems and natural resources.
- Integrated Planning: Physical planning must be coordinated with economic, social, and environmental planning.
- Equity: Planning decisions should promote fairness and inclusivity.
- Transparency and Accountability: Decision-making processes must be open and accountable.
- Good Governance: Planning must be guided by constitutional values and principles.
In practical terms, these principles mean that a change of user application will be tested against the public interest and the approved plans for the area, not merely the applicant’s commercial preference. They also explain why public notice, neighbour consultation and agency referrals are mandatory features of the process.
What are the categories of land use in Kenya?
County physical and land use development plans and zoning guidelines classify land into use zones. While the precise nomenclature varies from county to county, the categories commonly applied across Kenya are set out below.
| Category | Typical scope |
| Residential | Dwelling houses, maisonettes, flats and apartments. Usually sub-zoned by density (low, medium and high), with controls on plot coverage, plot ratio and minimum plot sizes. |
| Commercial | Shops, offices, hotels, restaurants, markets, petrol stations and shopping centres. |
| Industrial | Manufacturing, processing, warehousing and godowns, often divided into light and heavy industrial zones. |
| Agricultural | Crop farming, ranching, horticulture and related agro-based activities; typically, subject to minimum land sizes and to the Land Control Act regime. |
| Educational | Schools, colleges, universities and training institutions. |
| Public purpose | Government offices, hospitals and health facilities, religious institutions, cemeteries and other community facilities. |
| Public utilities | Water, sewerage, power, telecommunications and related infrastructure installations. |
| Recreational/open space | Parks, gardens, sports grounds, urban forests and green belts, which counties are required to reserve and maintain in accordance with approved plans. |
| Transportation | Roads, railways, airports, ports, bus parks and terminals. |
| Conservation / deferred | Riparian reserves, forests, wetlands and ecologically fragile areas in which development is restricted or deferred. |
| Mixed use | Combined uses, such as residential-cum-commercial developments, are increasingly provided for in modern zoning plans. |
Practice note: use is different from ownership
The constitutional classification of land as public, community or private (Articles 61–64) concerns ownership. Land use categories concern what activity may lawfully be carried out on the land. A privately owned parcel may fall into any use zone, and its permitted use can only be altered through a formal change of user.
Where do I find the permitted use of my property?
Three places, read together, will tell you the lawful use of a parcel:
- The title or lease – the user clause and special conditions endorsed on the certificate of title or certificate of lease, or contained in the grant. Leasehold titles in particular almost always state the approved user expressly.
- The zoning plan – the approved county or local physical and land use development plan and the county’s zoning guidelines, which fix the use zone, permissible densities and development conditions for the area.
- The development permission history – any previous approvals (including prior changes of user) registered against the property at the county planning office and the lands registry.
Which authorities and institutions are responsible for physical and land use planning?
PLUPA distributes planning functions between the national and county levels, supported by oversight, professional and adjudicatory bodies:
| Institution | Role |
| Cabinet Secretary responsible for physical and land use planning | Provides national policy direction, causes the preparation of the National Physical and Land Use Development Plan, and makes regulations under section 90 of PLUPA. |
| Director-General of Physical and Land Use Planning | The chief government adviser on physical planning prepares the National Physical and Land Use Development Plan and national guidelines and standards. |
| National Physical and Land Use Planning Consultative Forum | Consultation and co-ordination of physical and land use planning at the national level (sections 6–8, PLUPA). |
| National Land Commission (NLC) | Monitors and has oversight responsibilities over land use planning throughout the country (Article 67(2)(h) of the Constitution; section 9, PLUPA). |
| County governments | The day-to-day planning and development control authorities. The County Executive Committee Member (CECM) responsible for planning grants, conditions, refuses or revokes development permission (sections 56–61, PLUPA), supported technically by the County Director of Physical and Land Use Planning. |
| County Physical and Land Use Planning Consultative Forum | Stakeholder consultation on county plans and planning policy at the county level. |
| Physical and Land Use Planning Liaison Committees | Established at the national and county levels (Part VI, PLUPA) to hear and determine appeals against development control decisions, including refusals or revocations of change of user applications. |
| National Environment Management Authority (NEMA) | Environmental impact assessment licensing for qualifying developments under the Environmental Management and Co-ordination Act. |
| Registered physical and land use planners | Private professionals registered under the Physical Planners Registration Act, who must prepare the planning brief that supports a change of user application. |
| Land Registrar and Director of Surveys | Formalization of approvals: amendment of survey records and endorsement or registration of the new user against the title under the Land Registration Act, 2012. |
| Environment and Land Court (ELC) | The superior court established under Article 162(2)(b) of the Constitution with jurisdiction over disputes relating to land use and planning, including appeals from the liaison committees. |
What types of physical and land use development plans does Kenyan law provide for?
PLUPA establishes a hierarchy of plans which must be integrated with one another and which collectively form the basis on which land in Kenya is used and developed, and against which every change of user application is assessed:
| Plan | Scope and purpose |
| National Physical and Land Use Development Plan | Prepared by the Director-General under the direction of the Cabinet Secretary. Sets the national spatial framework and strategic policies that guide and bind lower-level plans. |
| Inter-County Physical and Land Use Development Plans | Prepared jointly by two or more county governments for matters that cut across county boundaries, such as metropolitan regions, transport corridors, water catchments and shared ecosystems. |
| County Physical and Land Use Development Plans | Prepared by each county government every ten years (section 36, PLUPA) as the county-wide framework for both urban and rural land use, and the principal basis for zoning and development control in the county. |
| Local Physical and Land Use Development Plans | Prepared for a city, municipality, town or other defined area (sections 45–46, PLUPA). Their purposes include zoning, urban renewal and redevelopment, guiding and co-ordinating infrastructure, and regulating land use and development. They must be consistent with integrated urban development plans under Part V of the Urban Areas and Cities Act, 2011. |
| Special area plans | PLUPA permits the declaration of special planning areas presenting unique development, environmental or heritage challenges, for which dedicated plans are prepared, the Mukuru Special Planning Area in Nairobi being a well-known example. |
These planning instruments integrate with the County Governments Act, 2012, which obliges every county to plan through a county integrated development plan, sectoral plans and a ten-year GIS-based county spatial plan, and with the Urban Areas and Cities Act, 2011, which requires integrated development plans for cities and urban areas. For a landowner, the practical significance is simple: your change of user application will succeed or fail principally on its conformity with the approved plan and zoning for your area.
What is the step-by-step process of changing land use from one use to another?
While each county administers its own permitting system (Nairobi, for example, processes applications through its electronic development permitting platform), the process under PLUPA and the 2021 Development Permission and Control Regulations follows a common path:
- Preliminary due diligence. Conduct an official search to confirm ownership and encumbrances; obtain rates clearance and, for leasehold land, land rent clearance; review the user clause and special conditions on the title or lease; and confirm the zoning of the property under the applicable county or local physical and land use development plan.
- Engage a registered physical planner. The 2021 Regulations require a planning brief, a comprehensive development brief prepared by a registered, practising, and licensed physical and land use planner, justifying the proposed use by reference to the zoning plan, infrastructure capacity, environmental factors and neighbourhood character.
- Submission of Application via Form PLUPA 1: The planner uploads or physically files the application with the respective County Government Planning Department using Form PLUPA 1. This must be accompanied by the title deed, an official land search (valid within 30 days), survey plans (FR or RIM), and the requisite county processing fees.
- Public Participation and Media Publication. To satisfy constitutional administrative requirements, the applicant must publish a public notice regarding the proposed conversion in at least two daily newspapers of nationwide circulation. A physical publicity signboard detailing the project must also be clearly displayed on the site (a notice of not less than 5,000 square millimetres) for a minimum of 14 days, allowing neighbours to file comments or formal objections.
- Compile and lodge the application. Submit the prescribed development application form, signed by the registered owner and the planner, to the county government together with the supporting documents, and pay the prescribed application fees.
- Circulation to relevant authorities. Under section 60 of PLUPA, the county refers the application to relevant agencies, roads, water and sewerage, environment, public health and others, for their comments and recommendations.
- Technical Site Inspection and Committee review. The multi-disciplinary County Physical Planning Committee conducts a site visit to assess real-world infrastructural capacities (roads, sewer lines, water supply). They review any objections filed by the public before voting to approve, defer, or reject the brief. The CECM approves it (with or without conditions) or refuses it with reasons (section 61). If the applicant receives no written response within sixty days, permission is deemed to have been granted (section 58(6)).
- Issuance of PPA 2 Approval Form: If the committee approves the application, the county government issues a Form PPA 2 (Notification of Approval). This certificate frequently contains specific development conditions, such as infrastructural upgrading mandates or maximum structural heights.
- Pay the approval and betterment fees. Counties levy development and approval fees (section 63), and many also charge a betterment or enhancement fee reflecting the uplift in land value created by the new, higher-value use.
- Comply with conditions and environmental requirements. Conditional approvals are common. Where the intended development so requires, an environmental impact assessment licence must be obtained from NEMA before implementation.
- Endorsement at the Ministry of Lands Registry. The approved change is endorsed against the title at the lands registry. For leasehold properties, this involves a variation of the user clause in the lease and may trigger a re-assessment of the annual land rent; amended deed plans or survey records may also be required.
- Implement within the validity period. Development permission lapses if the approved project is not commenced within three years, although an extension of one year may be applied for (section 64).
What documents are required to support a change of user application?
The 2021 Regulations and county checklists generally require the following:
- The prescribed development application form (PLUPA/DC series), signed by the registered owner and the physical planner;
- A certified copy of the title deed, certificate of title or certificate of lease, or other ownership document recognised under Kenyan law;
- The written consent of the registered owner, where the applicant is not the owner (section 58(4), PLUPA);
- A planning brief prepared by a registered and practising physical and land use planner;
- A location plan showing the property in relation to major landmarks, roads and physical features;
- A copy of the newspaper notice of the intended change of user and evidence of notification of neighbours;
- A rates clearance certificate and, for leasehold land, a land rent clearance certificate;
- Copies of the owner’s national identity card or passport and KRA PIN certificate;
- A survey plan or an extract of the Registry Index Map (RIM); and
- Evidence of payment of the prescribed county fees.
How long does a change of user take, and what does it cost?
The statute builds in a sixty-day decision clock, after which permission is deemed granted if no written response is received (section 58(6)). In practice, a straightforward application typically takes sixty to ninety days from lodging to decision, depending on objections, agency comments and the county’s workload. Formalizing the new user on the title at the lands registry takes additional time. Costs comprise county application and approval fees (which vary by county and by the size, value and location of the land), newspaper advertising, the physical planner’s professional fees, legal fees for the title formalities, and any betterment charges, and should be budgeted for at the outset.
What happens if my application is refused? Can I appeal?
Yes. The CECM must communicate the decision and the reasons for refusal. A person aggrieved by a refusal, or by conditions imposed, or by a revocation of development permission, may appeal to the County Physical and Land Use Planning Liaison Committee within fourteen days of receiving the decision. The committee, which is required to deal with appeals expeditiously, may reverse, confirm or vary the decision and make any order necessary to give effect to its determination. A party dissatisfied with the Liaison Committee’s decision may appeal further to the Environment and Land Court. Neighbours and other interested parties aggrieved by a grant of permission enjoy corresponding appeal rights.
What should a landowner or investor weigh before commencing a change of user?
- Tenure and the user clause. Freehold and leasehold titles are treated differently. Leasehold land carries an express user clause whose variation must be formalized, and may require the engagement of the lessor; non-citizens may, in any event, hold land only on leasehold tenure of up to ninety-nine years (Article 65 of the Constitution).
- Zoning conformity. The proposed use must align with the approved plan and zoning for the area. An application that conflicts with the zoning plan will ordinarily fail unless the county is separately persuaded to replan or rezone the area.
- Agricultural land. Dealings in agricultural land, sale, transfer, subdivision and related transactions generally require Land Control Board consent under the Land Control Act (Cap. 302), and counties apply minimum subdivision sizes to protect agricultural viability. A change of use from agricultural to residential is the gateway to lawfully subdividing and developing such land.
- Environmental constraints. Riparian reserves, wetlands, forests and fragile ecosystems attract restrictions, and qualifying projects require an EIA licence from NEMA before implementation.
- Objections and neighbour relations. The statutory notice gives neighbours a voice. Well-founded planning objections, traffic, noise, density, and infrastructure strain can result in refusal or onerous conditions, so anticipate and address them in the planning brief.
- The true cost. Beyond official fees, factor in betterment charges, the likely increase in land rates under the new use, and, for leasehold land, a possible upward reassessment of annual land rent.
- Encumbrances and covenants. Charged property will require the chargee’s consent; cautions, restrictive covenants in estate schemes and by-laws under the Sectional Properties Act, 2020 may independently restrict the intended use.
- The cost of self-help. Changing use without approval invites prosecution (section 57(2)), restoration orders and enforcement notices; and failing to adhere to the terms of development permission is an aggravated offence attracting, on conviction, a fine of not less than KES 1,000,000 or imprisonment for a term of not less than five years, or both (section 67(3)). Unauthorized use also renders the property difficult to sell, charge, or insure.
- The professional team. A registered physical planner is mandatory for the planning brief; an advocate is essential for due diligence, the lease variation and title formalities; and a licensed surveyor may be required where survey records must be amended.
Frequently Asked Questions (FAQs)
Q: What is the difference between a change of user and an extension of user?
A: A change of user replaces the existing use with a completely different one (for example, agricultural to residential). An extension of user adds a complementary use alongside the existing one (for example, residential to residential-cum-commercial). Both require development permission, supported by a planning brief and public notice.
Q: Will my land rates or land rent increase after a change of user?
A: Very likely. Commercial and industrial uses generally attract higher rates than residential or agricultural uses, and for leasehold land, the variation of the user clause commonly triggers a reassessment of the annual land rent. Counties may also levy a betterment charge on approval.
Q: Who approves a change of user, the national government or the county?
A: The county government. Development control is a devolved function, and the County Executive Committee Member responsible for planning is the approving authority, acting on the technical advice of the county planning department. The national government sets policy and standards, while the National Land Commission exercises monitoring and oversight over land use planning countrywide.
Q: What is the role of public participation?
A: Public participation is a core feature of land use planning in Kenya because planning decisions affect communities, infrastructure, property values, and the environment. The public is usually consulted during the preparation or review of plans and, in some cases, during consideration of major development proposals.
This process helps authorities identify local concerns such as traffic, drainage, noise, access, compatibility, and community needs. It also improves transparency and reduces disputes after approval.
How Njaga & Co. Advocates LLP Assists Clients
Our Property, Conveyancing & Planning Law team offers comprehensive and end-to-end legal support on land use planning and development matters, including:
- Pre-acquisition and pre-application due diligence, zoning confirmation and planning opinions;
- Coordinating registered physical planners and preparing, lodging and prosecuting change of user and extension of user applications before county governments;
- Negotiating conditions of approval and betterment charges, handling lease variations, land rent re-assessments and the endorsement of the new user on your title;
- Objections, appeals and disputes before the County Physical and Land Use Planning Liaison Committees and the Environment and Land Court; and
- Full conveyancing support for the purchases, sales, charges, subdivisions and developments that follow a change of use.
Disclaimer: This article provides general information and does not substitute legal advice on specific circumstances of any individual or organization. While the information is accurate as of the date published, we cannot guarantee it remains accurate at the time you read it or that it will stay current. Before acting on any of this information, please seek professional legal advice tailored to your situation.
