24/05/2016
LEGAL ADVICE ON APPLICATION FOR CHANGE OF USER
Below is a brief advice on the law, process for applying for Change of user
INTRODUCTION
The law allows property owners to use and dispose their property in such manner as they please so long as such use or disposal does not prejudice public interest. As such, a property owner desirous of effecting a change of user may do so using a laid down procedure as contained in the Physical Planning Act, 1996, Town Planning Act (Caps. 134) and Land Planning Act (Cap.303), the Land Act and the Land Registration Act, County Government Act, and National Land Commission Act.
The power to control development is under County Government Act vested in the county authorities. Besides, in relation to the change of user of land the National Land Commission had to grant approval.
THE PROCEDURE
In summary, below is the general procedure for effecting a change of user of property:
1. Relevant office: Physical Planning
2. Clearance of Rent and rates with county government;
3. Application for change of user by obtaining, filling PPA 1 form (In triplicate), submitted & signed by a registered physical planner;
4. Drawing a Change of User Plan and signing and stamping it by a registered physical planner;
5. Preparing a Planning Brief by a registered planner;
6. Advertising the Change of User on two daily local newspapers;
7. Placing of a Site Notice;
8. Ownership documents with appended title documents;
9. Preparation of a comprehensive location plan;
10. Copy of Municipal Council payment receipt;
11. Copy of Municipal Council rate payment receipt;
12. Applying to Physical Planning Department at County Government;
13. Circulation of the application and plans above for approval to:-
District Physical Planning Office;
Public Health Office;
District Survey Office;
District Land Office; and
District Land Board.
14. If there is no objection, the County council issues a PPA2 Form (approval of the change of user application by the Council);
15. With the approvals, application is made to the National Land Commission who will issue the final approval;
16. A new Survey Plan is prepared;
17. NLC may approve the application with conditions (called Interim Approval), the Surveyor compiles a file with the application, all the approvals, new Survey Plan and the PPA 2 which are submitted to the Director of Surveys for approval;
18. Director of Survey then approves the drawing of a Deed Plan which submitted to him for signature and sealing;
19. Surrender the title
The National Land Commission usually issues an approval for change of user (17 above) with our without some conditions, some of which may include: submission of satisfactory building plans and er****on of the constructions within a prescribed number of years, payment of rates to County Council, payment of ground rent assessed by office of the National Land Commission, payment of the change of user approval fee, and provision of a Deed Plan from the Director of Surveys.
From our experience, this process is usually tedious and the participation of an Advocate who understand the dynamics is critical. The work is done by three processionals, namely, an advocate, a registered planner and land surveyor.
TIMELINES
Changer of user process is a complex process which involves drawing and processing of various documents, liaising with many government offices for various approvals and following up with those offices.
The process takes utmost 35 days where all requisite documents are available from inception.
Over and above change of user, we can also assist you with obtaining Environmental Impact Assessment License after the finalization of the change of user process. We have a team of Physical planners who assists with this process for the benefit of our clients.
