The Physical And Land Use Planning Act, 2019

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The new Physical and Land Use Planning Act, 2019 (the 2019 Planning Act) came into force on 5 August 2019, repealing the Physical Planning Act of 1996 .

Kenya Real Estate and Construction

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The new Physical and Land Use Planning Act, 2019 (the 2019 Planning Act) came into force on 5 August 2019, repealing the Physical Planning Act of 1996 (the 1996 Act). The 2019 Planning Act shall now govern matters relating to planning, use, regulation and development of land in Kenya.

Similarities of the 2019 Planning Act to the 1996 Act

Changes introduced by the 2019 Planning Act

Timelines

The 2019 Planning Act has also set timelines in relation to various matters, significantly:

Way Forward

As we transition from the 1996 Act, please note also that projects which received approval under the repealed legislation must commence within 24 months from the date on which the permission was granted or risk such permission lapsing (in which case, development approval would need to be
re-applied for under the 2019 Planning Act).

The forms used for applications for development permission will not change at present as regulations are yet to be issued under the 2019 Planning Act.

The 2019 Planning Act has aimed at solving key challenges previously faced by property owners and developers when seeking to obtain development permission and also seeking to ensure planning and development is undertaken in a rational and cohesive manner at both national and county levels going forward.

We will keep you updated on developments with regard to any rules or regulations that will be made pursuant to the 2019 Planning Act.

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