Change of User Application (Kenya)

A Change of User Application in Kenya captures the information a regulator requires to assess and process the request it covers.

Section 57 of the Physical and Land Use Planning Act No. 13 of 2019 requires that any person who wishes to develop land, subdivide land, change the user of land, or carry out any other form of development must first obtain a development permission from the relevant county government physical planning authority. Development is broadly defined to include any change of use of land or buildings. The county government physical planning department — for example, the Nairobi City County Department of Urban Planning, the Mombasa County Physical Planning Department, or the Kiambu County Lands and Physical Planning Department — is the body that receives, processes, and determines Change of User Applications.

The Physical and Land Use Planning Act No. 13 of 2019 establishes a framework of Integrated Development Plans (IDPs) and County Spatial Plans (CSPs) that determine the permissible uses for different zones within each county. A Change of User Application must demonstrate that the proposed new use is consistent with or can be accommodated within the applicable county spatial plan, zoning provisions, and the National Land Use Policy. The National Land Commission (NLC), established under Article 67 of the Constitution of Kenya 2010, has an advisory function on land use policy at the national level, while county governments exercise devolved planning authority.

A Change of User Application must be distinguished from a Development Permission application (which covers new construction on already-permitted uses), an Extension of Use application (which covers temporary deviations from a permitted use), and a Subdivision application (which divides a single parcel into multiple parcels). A Change of User is specifically concerned with altering the authorised category of use recorded on the land register maintained under the Land Registration Act No. 3 of 2012 and the county government's zoning records.

The Environment and Land Court (ELC), established under Article 162 of the Constitution of Kenya 2010 and the Environment and Land Court Act No. 19 of 2011, has jurisdiction to hear appeals against planning authority decisions, including refusals of Change of User Applications. The National Environment Management Authority (NEMA) may also be involved in Change of User Applications where the proposed new use has significant environmental impact, requiring an Environmental Impact Assessment (EIA) under the Environmental Management and Co-ordination Act No. 8 of 1999.

The legal framework governing the Change of User Application (Kenya) in Kenya draws on several key statutes and regulatory bodies. Under the Land Act No. 6 of 2012, the National Land Commission (NLC) manages public land in Kenya. Section 56 of the Land Registration Act No. 3 of 2012 governs land transfers. The Environment and Land Court (ELC) has exclusive jurisdiction under Article 162(2)(b) of the Constitution of Kenya 2010. The Land Control Act (Cap. 302) requires Land Control Board consent for agricultural land transactions. The Stamp Duty Act (Cap. 480) imposes duty on property transfers at rates of 2% (rural) and 4% (urban). Parties executing a Change of User Application (Kenya) in Kenya should confirm the document reflects current law, including any amendments enacted since the original drafting date. The Physical and Land Use Planning Act No. 13 of 2019 sets the foundational requirements.

A Kenya Change of User Application is required whenever a landowner, leaseholder, or tenant intends to change the way land or a building is used from the use authorised by the existing title or planning permission, and in several specific situations.

A Change of User Application is required when a property owner in a residential zone of Nairobi County, Mombasa County, Kisumu County, or another Kenyan county wishes to convert a residential house into commercial premises — for example, an office, a school, a clinic, a restaurant, or a retail shop. Operating commercial activities in a residentially zoned property without a Change of User approval is a planning offence under Section 65 of the Physical and Land Use Planning Act No. 13 of 2019.

A Change of User Application is needed when an agricultural landowner in peri-urban areas of Kiambu, Machakos, Kajiado, or Nakuru counties wishes to convert agricultural land to residential, commercial, or light industrial use. The conversion must be consistent with the applicable county spatial plan and may require additional clearances from the National Land Commission (NLC) for government leasehold land.

A Change of User Application is required when a commercial tenant wishes to use leased premises for a purpose different from that specified in the lease agreement. Many commercial leases in Kenyan urban areas specify the permitted use — and using the premises for an unpermitted use without a Change of User approval exposes the tenant to enforcement action by the county government and potential lease termination by the landlord.

A Change of User Application is needed when a light industrial property in Nairobi's Industrial Area, Athi River Export Processing Zone, or another gazetted industrial area is to be converted to a mixed-use development incorporating retail, residential, or office components. The Export Processing Zones Authority (EPZA) and the county government both have regulatory interest in such conversions.

A Change of User Application is required before applying for a building permit for construction works that involve a change in the property's use category. County governments will not issue a building permit for a new use category without first confirming that a valid Change of User approval is in place.

National Environment Management Authority (NEMA) Environmental Impact Assessment (EIA) approval under the Environmental Management and Co-ordination Act No. 8 of 1999 is required in parallel with the Change of User Application for proposed uses likely to have significant environmental effects — such as conversion to petroleum storage, waste processing, large-scale manufacturing, or urban redevelopment.

A Kenya Change of User Application under the Physical and Land Use Planning Act No. 13 of 2019 must include the following essential elements to be accepted and processed by the relevant county government physical planning authority.

Applicant Particulars: Full legal name, NIC number or BRS Registration Number, KRA PIN, contact address, and telephone number of the applicant (landowner, leaseholder, or authorised agent). If the applicant is not the registered owner, a notarised Power of Attorney or written authorisation from the owner must accompany the application.

Property Identification: The Land Reference Number (L.R. No.) or Plot Number as it appears on the title deed; the name and location of the property (road, area, ward, sub-county, county); the area of the land in hectares or square metres; and the title deed number or Certificate of Lease number issued under the Land Registration Act No. 3 of 2012.

Existing Use: A clear description of the current authorised use of the land or building as recorded in the title, lease, or previous development permission — for example, 'residential dwelling (single family)' or 'agricultural/farming use'.

Proposed New Use: A specific and detailed description of the intended new use — for example, 'commercial office premises (ground and first floors)' or 'mixed-use development (retail ground floor, residential upper floors)'. The proposed use must comply with the applicable county zoning regulations and the County Integrated Development Plan (CIDP).

Supporting Documents: A current land search certificate from the relevant Land Registry confirming ownership and encumbrances; a site plan drawn to scale by a registered physical planner or land surveyor showing the property boundaries and existing buildings; photographs of the existing property; a statutory declaration from the applicant confirming the accuracy of the application; and, where applicable, a lease agreement showing the landlord's consent to the change of use.

Environmental Compliance: Where the proposed new use may have environmental implications, an Environmental Impact Assessment (EIA) study report approved by the National Environment Management Authority (NEMA) under the Environmental Management and Co-ordination Act No. 8 of 1999 must be submitted with or before the Change of User Application.

Fee Payment: The prescribed application fee paid to the county government physical planning department. Fees vary by county and by the nature and scale of the proposed development — Nairobi City County, Mombasa County, and Kisumu County each publish their planning fee schedules.

Governing Authority and Appeal: Change of User Applications are processed by the county government physical planning authority. Appeals against refusal or conditions are heard by the Physical and Land Use Planning Liaison Committee established under Section 87 of the Physical and Land Use Planning Act No. 13 of 2019, and ultimately by the Environment and Land Court (ELC). The forms-legal.com Change of User Application template covers all the required elements for a compliant application under Kenyan planning law.

Additional compliance elements for a Change of User Application (Kenya) used in Kenya include: Under the Land Act No. 6 of 2012, the National Land Commission (NLC) manages public land in Kenya. Section 56 of the Land Registration Act No. 3 of 2012 governs land transfers. The Environment and Land Court (ELC) has exclusive jurisdiction under Article 162(2)(b) of the Constitution of Kenya 2010. The Land Control Act (Cap. 302) requires Land Control Board consent for agricultural land transactions. The Stamp Duty Act (Cap. 480) imposes duty on property transfers at rates of 2% (rural) and 4% (urban). Forms-legal.com provides this template as a starting point for Kenya-compliant documentation.