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The Physical and Land Use Planning Act, 2019 and its Implication on Developers

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The Physical and Land Use Planning Act, 2019 was assented to on 16th July 2019 and commenced on the 5th August 2019. It repeals the Physical Planning Act, 1996.

The Act is the principal law on physical and land use planning. It is intended to make provision for the planning, use, regulation and development of land and for connected purposes.

Section 64(1) of the Act requires an applicant for development permission to commence the proposed project within three (3) years of receiving the development permission, failure to which the permission shall lapse. The applicant, however, can make an application to the relevant County Executive Committee for extension of the development permission for one year.

Further, under the Act, building works ought to be completed within 5 years of commencement. The Act provides under Section 65 that a member of the County Executive Committee may impose a fine or conditions on an applicant for development permission for building works, where that applicant fails to complete the building works within 5 years. Formulation of regulations to operationalize the Act are underway.

It is important to note that under Section 92 of the Act, any approval for development granted under the previous laws, prior to the commencement of this Act, shall be deemed to be a development permission granted under the current Act. However, with regard to time lapse, such approvals shall lapse if not commenced within 24 months of the commencement of the new Act.

Should you require further information on the Physical and Land Use Planning Act, 2019 please get in touch with Mr.Tom Onyango, Renice Midar, or any member of our Real Estate and Conveyancing Team

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