What is Planning Permission in Kenya and What Happens If You Build Without It?

Buying land is one decision. Doing something with it is another, and the second decision is governed by a separate set of laws that many buyers do not research until they are already on-site with a contractor.

Kenya's Physical and Land Use Planning Act No. 13 of 2019 (PLUPA) sets out the legal framework for how land can be developed across the country. Under this law, no one may carry out development on any land in Kenya without first obtaining development permission from the relevant county government. This requirement applies regardless of who owns the land, what the title says, and whether a similar structure already exists on an adjacent plot.

Understanding how this works before you buy, or before you build, can save you from significant legal and financial consequences.

---

What Counts as Development

The PLUPA defines development broadly. It includes:

• Erecting, extending, or demolishing a building or structure
• Making a material change in the use of any building or land
• Carrying out engineering works, mining, or other operations in or on land
• Subdividing land

This means that building a house, extending an existing structure, converting a residential property to commercial use, or even significantly altering the external appearance of a building all require prior approval. The threshold for what counts as "material" is determined by the county government and in many cases errs on the side of requiring approval.

---

The Approval Process

Development permission is granted by the County Executive Committee (CEC) Member responsible for lands and physical planning in each county. In practice, the application is processed by the county's physical planning department.

What you submit. A planning permission application typically requires: a completed application form, architectural and structural drawings prepared by registered professionals, a site plan, proof of land ownership (title deed or lease), and payment of the prescribed application fee.

For larger or more complex developments, you may also need: an Environmental and Social Impact Assessment (ESIA) approved by NEMA, a traffic impact study, a drainage plan, and any specialist reports required by the county's local physical and land use development plan.

The timeline. The PLUPA requires the CEC Member to issue a decision within 30 days of receiving a complete and compliant application. In practice, the process commonly takes 60 to 90 days because applications are often returned for additional information, technical reviews cause delays, or appeals by neighbours or interested parties extend the timeline.

If you object to a refusal, or if a neighbour objects to an approval granted to you, the appeal goes to the County Physical and Land Use Planning Liaison Committee. The Liaison Committee is required to hear and determine the appeal within 14 days of it being filed.

The cost. Fees vary by county and development scale. In Nairobi, residential fees are calculated on gross floor area. Commercial developments attract higher rates. Factor in both statutory fees and professional fees for the architects and engineers whose drawings the application requires.

---

What is Change of User?

Every parcel of land in Kenya has a designated use, set out in the approved physical and land use development plan for the area. Common designations include residential (low density, medium density, high density), commercial, industrial, agricultural, and institutional.

Change of user is the legal process of changing a parcel's designated use from one category to another. You need change of user approval if you want to:

• Build a commercial structure on land zoned residential
• Subdivide an agricultural parcel for residential development
• Convert a residential building to a school, office, hotel, or other non-residential use
• Develop land at a density higher than the current zoning permits

Change of user requires a separate application and is assessed against the provisions of the approved development plan for the area. Not all change of user applications are approved. The county government will consider whether the proposed change is consistent with the surrounding area, the infrastructure capacity, and the overall planning direction for the zone.

If you are buying land with the intention of using it differently from its current designation, confirm that change of user approval is achievable before you commit. Ask whether any previous owner has already applied for change of user and what the outcome was. A refusal on the file is significant information.

---

What Happens If You Build Without Approval

This is the part that catches buyers who purchase land with existing structures.

Criminal liability. Carrying out development without planning permission is a criminal offence under the PLUPA. A person convicted can face fines and, in some circumstances, imprisonment. The liability attaches to the person who carried out the development.

Demolition orders. The county government has the power to issue a demolition order for any structure erected without development permission. The order is served on the current owner or occupier, not necessarily the person who built the structure. If you buy land with an unauthorised structure on it, the demolition order will be served on you.

Inability to obtain services and connections. Without approved building plans, you may not be able to obtain water connections, sewer connections, or electricity connections from the relevant utilities, as these require building approval documentation.

Problems when selling. A buyer conducting due diligence will ask for building approval documents. An unapproved structure will emerge as a problem at the point of your own future sale.

---

Checking Existing Structures When You Buy

If the land you are buying already has buildings on it, your due diligence should include the following.

Request the approved building plans. The seller should be able to produce the county-approved architectural drawings and the development permission letter. These are kept by the property owner. If the seller cannot produce them, treat this as a serious warning sign.

Verify at the county planning office. Building approvals are recorded at the county physical planning department. A physical check at the county office can confirm whether approval was issued for the specific structure, on the specific parcel, for the specific use now being described.

Compare the approved plans to what exists. Sometimes a building was approved in one configuration and then built differently, extended without approval, or converted to a different use without change of user permission. Compare what you see on site with what the approved plans show.

Check whether any enforcement notices are on the file. Some parcels have a history of enforcement action. The county planning office can confirm whether any show-cause notices, stop-work orders, or demolition orders have been issued and whether they are pending or resolved.

Ask about the occupation certificate. For completed buildings, an occupation certificate (also called a certificate of completion or practical completion certificate) is issued when the building inspector confirms the structure was built in accordance with the approved plans. No occupation certificate is another indicator of unapproved construction.

---

A Note on High-Density Urban Areas

In Nairobi, Kiambu, Nakuru, and Mombasa, unapproved construction is common. The existence of a structure does not mean it was approved. In zones under densification pressure, change of user applications are frequent but not always straightforward. If you are buying for development, budget time and money for the planning process as part of your project plan, not as an afterthought.

---

How Litmus Can Help

A Litmus field verification report (KSh 25,500) includes a check of planning status for existing structures on the parcel. We confirm what physical structures exist, compare them to what county records show, and flag any approval gaps. Our standard report (KSh 21,500) covers registry records. Monthly monitoring (KSh 5,200) tracks county planning publications and gazette notices that could affect your parcel's zoning or development rights.

If you are buying land for development, verifying the planning baseline before you sign is not optional. Start at litmuskenya.com.

---

Legal disclaimer: This article is for general information only. It is not legal advice and does not create an advocate-client relationship. Planning law varies by county and development type. Consult a qualified Kenya advocate and a registered physical planner before making any development decisions.