STAGE 1: Lodgement development Plan Consent Application
Where: County Physical planning office ( One Stop Centre, OSC)
What? Building approval and or change of user; and or extension of lease; and or amalgamation(compliant and duly prepared by a registered planner in private practice)
- Duly filled form PPA 1 ( Application for Development Approval)
- Development application payment receipt and PPA 1 payment receipt
- Copy of title and any other certified ownership document e.g. Letter of Allotment, acknowledgment from adjudication or settlement office, etc.
- Proof of survey e.g. beacon certificate
- Land rates and Rent clearance receipt and or certificate
- Building plans (with a locational plan, site plan layout, at the scale of a ratio between 50mm or 100mm, structural drawings, elevations, etc.); Certifies by a registered architect and a registered structural engineer, attach relevant professional certificates
- Planning brief duly prepared by a registered planner in private practice in the case of extension of the user, an extension of the lease, change of the user, amalgamation, and subdivision scheme.
STAGE 2: Request for more information and referrals to agencies (If required and if there are no Pre-lodgement Agreements)
The Assessment Authority may ask for more information e.g. Environment Impact Assessment, `EIA report; Compliance Certificate, approval from Kenya National Highway Authority, NACADA, consent from Land Management Board, National Land Commission, and Energy Regulatory Commission of Kenya, etc.
STAGE 3: Planning Assessment
County Physical Planner, county structural engineer/authorized officer, county architect, health officer, environmental officer.
A report compiled by the physical planner in charge of the development control for presentation to the Development Management Committee.
STAGE 4: Public Notification (If required) on behalf of the County Secretary
The developer to publish his development intention in at least one local daily, and or erect signage on the particular site in a specified format determined by the planning authority, proof of display or publication MUST be submitted.
STAGE 5: Appeal (When Relevant)
- Application for the appeal to the county physical liaison committee
- Application for the appeal to the national physical liaison committee
In case a developer or an individual (s) is aggrieved by the decision of the CMDC
In case an individual (s) developer is aggrieved by the decision of the County Physical Planning Liason Committee.
STAGE 6: Planning Decision
CMDC duly consulted by the County Executive Committee (CEC) members in charge of matters related to the development control
Members: The director; Land, Infrastructure and Urban Development (Chairman); County Physical Planning Officer (Secretary); Structural Engineer / Authorized, county public works officer, county architect, county land surveyor, county lands officer, county registrar, county environmental officer, relevant sub-county administrator.
`Decision confirmed by vote at least two-thirds of the members present, (quorum considered to be 3/4)
STAGE 7: Issuance of PPA 3
Duly signed Form PPA 2 by the director; Land, Infrastructure, and `Urban Development (or an authorized officer by the CEC in charge of physical planning matters) as commented on during circulation and CDMC meeting. NOTE: Each stage must have a planning instrument for efficiency, tracking, and quality control.
FORMS / INSTRUMENTS REQUIRED
- Form PPA 1, Application for Development permission.
- Development application In-Ward Register
- Development Application Out-Ward Register
- Compliance Checklist and Submission Register
- Additional information Request Form.
- Evaluation Form.
- Agenda and Submission Register
- CDMC Minutes
- Form PPA2 – Approval of Development Application
- Form PPA3- Notice of Intention to Plan
- Form PPA4 – Notice of Completion of Development Plan
- Form PPA5 – Compliance Certificate
- Form PPA6 – Notification Of Intention To Subdivide
- Form PPA7 – Enforcement Notice
- Form PPA 8&9 – Appeals Against Development Planning Decision
LAND PURCHASE PROCESS IN KENYA
This is the ideal process you should follow when buying land in Kenya
- Visit the area where you hope to buy land
- If it pleases you, express interest in purchase and request for a copy of the title deed from the landowner and present it to your lawyer.
- Your lawyer will then take it to the land registry and conduct a land search.
- Ask the owner to show you the beacons on the property which mark the land’s boundaries.
- Depending on how large your land portion is, it would be advisable to get your own surveyor to ensure that the beacons on the land are in the right place and the title you are buying is what is on the ground.
- The seller then drafts the sales agreement once you have discussed the terms of the sale. The prescribed standard is a 10 percent deposit and the 90 percent balance in 90 days.
- Special conditions in the terms of sale that need to be included are the passport photos of the seller, copies of his PIN certificate, and ID, which should all match the documents.
- If it is a company, it should provide you with a certificate of incorporation, the company PIN certificate, and the PIN certificates and IDs of the company’s board of directors.
- It is easier to get this information at the negotiating stage before you sign the sale agreement.
- Sign the finalized sale agreement and then make the agreed deposit.
- The deposit could be held by the lawyer as a stakeholder and held safe.
- Alternatively, you can write an agreement to have the money paid directly to the buyer, however, if something goes wrong during the process, getting your money back might be difficult.
- Once the sales agreement is signed, ensure you take it to a Huduma Centre and have it stamped. That authenticates the contract.
- You then raise the balance over the agreed-upon time in the contract.
- Your lawyer prepares the land transfer document. Not that you need to go before the Land Control Board if the land is located in rural areas. In major cities, you go to the land commission to get consent from the land registrar to consent to the transfer of land.
- You go before the board, which sits once a month and fill in the required forms. Both the buyer and seller sit in or can send representatives to get consent for transfer. You cannot transfer land ownership without consent from the board.
- Once you get consent, you then sign the transfer documents and attach the pictures of both the buyer and seller. You then come to the date of completion.
- The date of completion is the date you finally exchange documents and make the final installment.
- Balance is normally paid by bank transfer to the seller’s lawyer’s account
- Once the transfer is successful at the Lands office and the title is successfully transferred to the buyer, the seller’s lawyer then releases the money into the seller’s account.
- If the buyer is unable to register the transfer at the Land’s office due to a dispute on the land, the seller’s lawyer may have to refund the buyer the final deposit.
- It is normally advised to the seller of the land to ensure that all interested parties on the land such as the seller’s children or wives sign a sales consent form with the buyers.
- The land has to be valued by a government surveyor to agree on the parties’ sale that determines the stamp duty value which is 4 percent of the property cost in urban areas and 2 percent of the property cost in rural areas, which also affects the price of the property.
- at the end of the land sale process, carry out another search at the Lands office to ensure that what is reflected in the file at the registry matches what you have in your hand.