What is Land Use Change in Kenya and When Do You Need It?

When land is registered in the Kenya land system, it carries a designated use: agricultural, residential, commercial, industrial, or mixed use. This classification determines what you can legally do with the land.

If you want to use land for a purpose that is different from its registered classification, you need a change of user (also called a land use change or change of user application) approved by the county government.

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When Change of User Is Required

Change of user is required when you want to develop or use land in a way that conflicts with its registered classification.

Most common scenario: Buying agricultural land to build a residential home or subdivision.

Much of the peri-urban land in Kiambu, Kajiado, and the outskirts of Nairobi is classified as agricultural in the land register. As Nairobi expands and buyers seek affordable residential land, they often purchase agricultural plots intending to build homes. Without a change of user approval, this is not permitted.

Other scenarios:

Converting residential land to commercial use (a house to a shop). Developing agricultural land for tourism accommodation. Converting a residential property to a school or healthcare facility.

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What the Change of User Process Involves

Step 1: Application to the county government. Change of user applications are submitted to the county's physical planning department under the Physical and Land Use Planning Act 2019.

The application includes:

The title deed and location. A site plan showing the proposed use. A description of the proposed development. Environmental Impact Assessment (if the development is above a certain threshold or in a sensitive area). Application fee (varies by county).

Step 2: Public participation. The planning authority typically requires public notification. Adjacent landowners and the public can object.

Step 3: Decision. The county planning authority approves, approves with conditions, or rejects the application.

Approval conditions may include requirements for setbacks, maximum building height, parking requirements, environmental mitigation, or infrastructure contributions.

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What Happens If You Build Without Change of User

Building for a use that is not permitted on the registered classification is an illegal development.

The consequences:

Demolition order. The county government (or in some cases NEMA for environmentally sensitive areas) can issue a demolition order requiring the illegal structure to be removed.

Stop-work order. Construction can be halted mid-build with a stop-work order.

Fines. Financial penalties under the Physical and Land Use Planning Act.

Title complications. When you later try to sell or finance the property, the illegal change of use may need to be regularised before the transaction can proceed.

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Can You Regularise an Existing Illegal Change of Use?

In some cases, yes. A retrospective change of user application can sometimes regularise an existing illegal use. However:

It is not guaranteed. The county can refuse to regularise. It is more expensive and complicated than getting approval first. Buyers should not assume that an illegal use can always be regularised.

When buying a property where change of user has not been obtained but the development appears to require it, have your advocate assess the regularisation options before proceeding.

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Change of User and Agricultural Land LCB Consent

For agricultural land, the LCB consent requirement (for the sale itself) and the change of user requirement (for development) are separate.

LCB consent is needed for the transaction (the purchase). Change of user is needed to develop for non-agricultural purposes. You may need both.

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What Buyers Should Check

Before buying any peri-urban or rural land for development purposes:

Confirm the current registered land use classification. Check the county's physical development plan for the area — does it allow the intended use? If the intended use requires change of user, confirm whether approval has been obtained (or budget for the time and cost of obtaining it).

A Litmus field verification includes noting the apparent land use of the parcel and any visible development that may indicate a use inconsistent with the registered classification.

Standard verification: KSh 21,500.

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This article is for general information only. It does not constitute legal advice. Consult a qualified Kenya advocate and a registered physical planner for any land use change questions.