Make sure the business belongs—before you build.

01

Land use is planned and controlled through several layers

The Physical and Land Use Planning Act, 2019 provides Kenya’s principal framework for physical and land-use planning, development control and enforcement. National, inter-county, county and local plans guide where and how land may be developed.

County governments receive and determine development applications within their jurisdiction, subject to the Act, regulations, approved plans and other law. A planning approval does not displace the registered title, lease terms, environmental law, building code, public-health rules, utilities, road reserves, aviation controls or sector licensing.

Create an approvals matrix that identifies every authority, application, dependency and condition. The safest sequence depends on the project, but the permissions must ultimately describe one consistent development.

02

Investigate the land before signing or paying

Start with an official land search and review the title or lease, survey or sectional plan, acreage, tenure, proprietor, encumbrances, easements, cautions, restrictions, user conditions, ground rent, land rates and required lessor or public-authority consents.

Then obtain the planning record: applicable plans and zoning designation, approved use, prior change-of-user or extension-of-user decisions, approved building plans, completion or occupation documents, enforcement history and any pending application.

Inspect the site with the appropriate surveyor, planner, architect or engineer. A clean title search does not reveal every boundary, access, riparian, wayleave, structural or planning problem.

03

Confirm the lawful use—not the current use

A building may have operated as shops, offices or apartments for years without the approvals matching the activity. Evidence of occupation, rates or a business permit should not be treated as proof that planning permission exists.

Compare the proposed activity with the lawful approved user and the planning standards for density, plot ratio, coverage, height, setbacks, parking, access, traffic, loading, signage, waste, noise and utilities. Intensity matters: a quiet professional office and a high-footfall call centre may have different impacts.

If the proposal changes the registered or approved use, apply for change of user. Where it adds a related use without wholly replacing the existing one, an extension-of-user process may be relevant. The correct route depends on the facts and the Physical and Land Use Planning (General Development Control) Regulations .

For agricultural land, subdivision or change of user may require the additional consents prescribed by land-control and planning law.

04

Obtain development permission before development begins

“Development” is broader than constructing a new tower. Depending on the circumstances, building works, material change of use, subdivision, amalgamation, extension, alteration, renovation and other operations may require county development permission.

Use registered professionals to prepare the application and supporting plans, ownership documents, surveys, reports, consents and notices. The county may approve, approve with conditions, defer or refuse. Read every condition: approval of a concept does not authorise work outside the stamped drawings or stated use.

The Act provides a statutory decision framework and routes for review or appeal. Calendar the approval period, conditions, commencement requirements and any right to challenge the decision; do not rely on indefinite silence as permission.

If the design, ownership, use, access or environmental footprint changes, identify whether an amendment or fresh approval is required before implementing the change.

05

Coordinate planning permission with building control

The National Building Code, 2024 prescribes requirements for building design, construction, safety, services, accessibility and occupation. County building-plan approval must align with the planning permission and the project’s professional drawings.

Use properly registered consultants and contractors for the work they are legally permitted to perform. The National Construction Authority requires qualifying projects to be registered and identifies current project-registration requirements through its official project portal .

Do not commence because drawings were submitted or a fee was paid. Confirm the issued approvals, stamped plans, project registration, insurance, site safety and any required commencement notice or inspections.

Track inspections, material changes, professional supervision, completion and occupation requirements. Practical possession from a contractor or landlord does not replace a lawful occupation or compliance certificate where one is required.

06

Add environmental and sector approvals to the same plan

Section 58 of the Environmental Management and Co-ordination Act requires proponents of projects within the statutory framework to follow the applicable environmental assessment process before implementation. Project category and impact determine whether a summary project report, comprehensive project report or environmental impact assessment study is required.

An NEMA licence and county development permission are separate decisions. Each can impose conditions, and neither cures the absence of the other. The project may also require environmental audit, waste, effluent, emissions, noise, water, heritage, wildlife, road-access, aviation or other approvals.

Describe one project consistently across the title documents, planning application, environmental report, drawings, NCA registration, finance documents and sector licence. Material contradictions create enforcement and transaction risk.

Build environmental and social conditions into contractor obligations, monitoring, incident reporting and operating procedures—not merely into the approvals folder.

07

Treat notice and public participation as substantive risk controls

Planning and environmental procedures may require publication, site notices, service on affected persons, consultation or public participation. Follow the prescribed form, channel, content and period, and preserve proof.

Neighbours and residents may raise legitimate concerns about traffic, parking, privacy, height, density, drainage, noise, waste, access, security, infrastructure or neighbourhood character. Address these through the design and evidence rather than assuming an approval makes concern irrelevant.

Public participation is not a vote, but a procedurally defective process can undermine an otherwise sound project. The decision-maker should receive accurate information, consider relevant representations and give a lawful decision.

Engagement must not substitute for permission or promise an outcome the developer cannot deliver. Record commitments that become design, licence or community obligations and assign an implementation owner.

08

Make the lease, approvals and operating licences agree

A commercial lease should make the intended use clear, require necessary landlord cooperation and allocate responsibility for planning, fit-out, signage, licences, reinstatement, compliance cost and delays. Landlord consent alone cannot legalise an unauthorised use.

Make the transaction conditional where a critical change of user, building approval, NEMA decision or sector licence is outstanding. Define the long-stop date, access for surveys, ownership of drawings, treatment of approval costs and the parties’ rights if permission is refused or materially conditioned.

Confirm that a sectional property, managed development or estate covenant permits the activity and alterations. Management-company consent can be necessary even where the county approves.

Before opening, align planning and occupation status with the single business permit, fire and public-health approvals, signage permission and the licence for the particular activity.

09

Respond to enforcement through the statutory process

A county government may investigate unauthorised development and issue an enforcement notice requiring specified corrective action. Ignoring a notice can increase penalties, business interruption and the risk of alteration, restoration or removal.

Immediately preserve the notice, proof of service, approved plans, title, lease, correspondence, photographs and professional reports. Compare the alleged breach with the actual site and approval conditions. Stop any action that increases exposure unless counsel advises otherwise.

The Planning Act provides review and appeal mechanisms, including the County Physical and Land Use Planning Liaison Committee framework and access to the Environment and Land Court in applicable cases. Forum and deadline matter; an informal meeting does not necessarily suspend a statutory period.

Where regularisation is legally available, it remains a formal application—not a guarantee. Assess whether the use can comply, what physical changes are required, whether third-party or environmental rights are affected and whether relocation is commercially safer.

BUSINESS-PREMISES CHECKLIST

From site search to lawful occupation

1. Verify ownership, tenure, encumbrances and title conditions.
2. Obtain the applicable plan, zoning and approval history.
3. Inspect boundaries, access, services and existing buildings.
4. Compare the intended activity with the lawful approved use.
5. Identify change-of-user or development permission.
6. Coordinate building, NCA and professional requirements.
7. Complete environmental and sector approvals.
8. Follow notice and public-participation procedures.
9. Align the lease, fit-out, occupation and operating licences.
10. Preserve approvals, conditions, inspections and appeal dates.