CHANGE OF USER PROCESS IN KENYA

Change of user is a very sensitive aspect of Land in Kenya. It is advisable that prior to acquiring a piece of land, to know the user of the property especially for developers as the process itself can prove to be very expensive and time consuming. Most people buy agricultural property with the intention of developing it for real estate purposes without knowing its use, this can be very detrimental as one cannot be able to develop the property without a change of user approval.

However, today there are sellers of property who go an extra mile to sell properties with the Change of user approval already obtained but very few hence it is always advisable to exercise due diligence prior to purchasing any property.

The whole aspect of change of user is a mechanism used by the government to control land use and development in Kenya, as we all know the government is the ultimate custodian of property in Kenya. Failure to obtain a Change of user approval can lead to the government repossessing the land.

Below are the various steps that need to be taken to obtain a Change of user approval in Kenya:

• Application using Form PPA1(in triplicate) duly signed by a registered physical planner.

• Notice is then published within fourteen (14) days inviting objections from the public.

• Preparation of the planning brief by the registered physical planner which is then submitted to the governing county government physical department  for approval together with payment.

• The application is reviewed by the relevant County government and if the changes sought are not in contravention to any statute or planning principles, an approval is issued-Form PPA2.

• The form PPA2 is further submitted to the National Land Commission for approval.

• The PPA2 is then circulated to the Director of Survey and Director of Physical planning.

• Next step is organizing for a site report through a licensed surveyor who submits comments to the National Land Commission on behalf of the Director of Survey and Director of physical planning.

• Obtaining a valuer for Land rent enhancement.

• The property is then re-surveyed and a new deed plan is obtained.

• The new deed plan together with the old Title to the property is submitted to the National Land Commission, where the surrender of Title is prepared and signed by the land owner.

• New Title is prepared indicating the new user of the property and submitted for registration.

It is always important to engage professionals in this process. If you wish to obtain a change of user approval in Kenya please do not hesitate to contact us on legalserviceskenya@gmail.com.