This archive report was first published on 13 September 2019.
The Physical and Land Use Planning Act, 2019, which came into effect on August 5, 2019, has introduced a new requirement for developers in Kenya.
According to the Act, once a developer has been given approval by the county government, construction must start within three years. The new law also mandates a County Executive Committee member in charge of Land to impose conditions or fines on an applicant who fails to complete the building works within five years.
Land owners who fail to complete their buildings within the stipulated time will not be granted licenses, and it will be illegal to carry out any form of business in an incomplete building.
Farida Karoney, Lands Cabinet Secretary, explained that the law now anchors devolution of land in the Constitution as was envisaged.
The law has also created a new institution, Director General of Physical and Land Use Planning, and the office of the county Director of Physical Planning.
However, some experts have raised concerns that the introduction of a new development levy may drive up the cost of construction.
According to Section 57 of the Act, a person who puts up any development without obtaining development permission commits an offence and is liable on conviction to a fine not exceeding five hundred thousand shillings or to imprisonment for a term not exceeding two months or to both.
