There are a number of differences in land use when it comes to commercial and residential properties. A commercial property allows the user to put up businesses while residential is for putting up homes.
Over time land owners desire to change the use of land for various reasons. While this may be viewed by many as a tedious process, it is an easy and straight forward procedure according to the Physical Planning Act.
The power to regulate use of land and development is vested upon County Governments. Therefore, anyone willing to change use of land should do so via County governments through the Department of Physical Planning.
The submission is done by a dully registered physical planner on behalf of the land owner.
Filled PPA 1 form
A brief of the proposed project plan drawn by a physical planner
Title deed of the land
Location plan of the property
An advertisement of the proposal to members of public.
Land rates payment receipts if any
The land owner is required to put a notice through advertising the intention in two daily newspapers with national circulation.
This gives members of the public an opportunity to give any feedback regarding the proposed change of use of the land. The notice period to receive feedback is normally 14 days.
As per the Physical Planning Act, the land owner will be required to submit the applications for change of use through a registered planner.
The planner will fill a form known as PPA which provided details of the property current use and the proposed new use. The form should also be accompanied by a detailed project report.
The dully signed form accompanied with the detailed project plan or report will be submitted to Director of Physical Planning.
He/she will in turn share with other stakeholders such as Land Control Board. Upon review the permission for change may be granted or declined altogether.
The County Government will give the feedback in writing to the land owner. In case permission is granted the land owner will receive a PPA 2 form.
If permission is denied the reasons why the same was declined will be given. In addition, a land owner has the right to appeal when permission is declined.
Successful approval of the change in land use will require the land owner to get new title deeds.
The applicant, land owner in this case, will be required to surrender the old titles and the new deed plan to the registrar who then files what is known as a deed file.
In conclusion an application of change of land use is required to commence development of the property within 2 years from the date of approval.