How to Verify a Kenya Off-Plan Developer's Project Approvals Before Paying
When you buy an off-plan property in Kenya, you are buying a promise. The developer promises to build what they have shown you, with the approvals they claim to have, on land they represent as legitimately theirs.
Four categories of approval must exist before a legitimate off-plan development can proceed. Each can be independently verified from public sources. None requires trusting the developer's own documentation.
Approval 1: Title Clearance on the Development Land
The land on which the development will be built must have a clean, unencumbered title in the developer company's name.
How to verify:
Get the LR number of the development land from the developer. If they will not provide it, this is a red flag.
Run an official search at the relevant Land Registry or on Ardhisasa (for covered counties). Confirm:
The title is in the developer company's name (not a director's personal name). There are no undisclosed charges or encumbrances. The parcel is in the county and location the developer claims.
A Litmus standard verification (KSh 21,500) covers this check with physical registry file review.
Approval 2: County Building Approval
Before construction begins, the developer must obtain approval for the building plans from the county government's physical planning department.
How to verify:
Ask the developer for the building approval reference number. Contact the county planning department directly. In Nairobi, this is through the Nairobi City County Planning Department. In other counties, it is the respective county government physical planning office. Ask them to confirm that the approval is valid, that it applies to the specific parcel (match the LR number), and that construction is within the approved parameters.
A legitimate approval will be in the county's records. An unapproved development cannot provide a genuine approval reference number.
Approval 3: NCA Project Registration
The National Construction Authority (NCA) must register the construction project and the contractor.
How to verify:
Visit nca.go.ke and use the contractor or project search. Search for the developer company and confirm they hold a valid NCA registration. Search for the specific project using the developer's name or the project name.
NCA project registration confirms that the construction meets NCA's contractor standards. It does not guarantee completion, but its absence means the development is proceeding outside the regulatory framework — and future title registration for completed units may be complicated.
Approval 4: Environmental Compliance (Where Required)
For developments above a threshold size, a NEMA Environmental Impact Assessment (EIA) or Environmental Impact Statement (EIS) licence is required before construction.
How to verify:
Contact NEMA (National Environment Management Authority) or check the NEMA public register online. Search for the project by name or developer to confirm an EIA licence was issued.
Not all developments require a full EIA. Smaller developments may require only an environmental audit. Your advocate can advise on what the specific project's requirements are.
Approval 5: Plot Subdivision Registration (Where Applicable)
If the developer is selling individual plots within a larger parcel, the subdivision must be registered at the Survey of Kenya and at the Land Registry before individual titles can be issued to buyers.
How to verify:
Ask the developer for the mutation number (the survey approval reference for the subdivision). Confirm the mutation at the Survey of Kenya. Confirm the subdivided parcels appear in the Land Registry.
Developers who sell plots from an unsubd ivided parcel are selling you an interest in something that may never materialise as an individual title.
Red Flags in the Approval Review
If the developer cannot provide the approval reference numbers for any of the above, this is a serious red flag. Legitimate developers have these numbers readily available because they had to obtain the approvals.
If any approval is stated to be "in process" or "pending," the development should not be marketed to buyers. Selling before approvals are in place puts buyers' money at risk before the regulatory framework for the development even exists.
If the LR number does not match the location described in the marketing, stop. This is the Willstone Homes pattern. The land is elsewhere.
A Litmus full field verification for an off-plan development confirms the title status, physical site existence and location, and documents any discrepancies between the marketing and what is found on the ground.
KSh 25,500 for full field verification.
This article is for general information only. It does not constitute legal advice. Consult a qualified Kenya advocate before signing any off-plan sale agreement.
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