Nairobi Maps

PLUPA 2019 — Act Overview

The Physical and Land Use Planning Act, No. 13 of 2019 is structured into five Parts and three Schedules, containing 80 sections. It repealed the Physical Planning Act (Cap. 286) and established a unified framework for spatial planning and development control at national and county levels.

Part I – Preliminary (Sections 1–5)

Short Title & Commencement (Section 1)

Cited as the Physical and Land Use Planning Act, 2019. The Act commenced on 2 August 2019 following Presidential assent.

Interpretation (Section 2)

“development” — the making of any material change in the use or physical nature of any land or building, including construction, demolition, subdivision, or change of use.
“physical and land use development plan” — a plan prepared under this Act setting out proposals for the physical development and use of land in the area to which it relates.
“development permission” — written approval granted by a county government under Section 55 before any development may commence.
“county director” — the County Director of Physical and Land Use Planning appointed under Section 11.
“liaison committee” — the Physical and Land Use Planning Liaison Committee established under Section 20.

Objects of the Act (Section 3)

Provide for the planning, use, regulation, and development of land.
Establish the framework for the preparation and implementation of physical and land use development plans at national and county levels.
Provide for a coordinated system of physical and land use planning and regulation of development.
Promote sustainable use and management of land.
Ensure the principles of public participation, transparency, and accountability in land use planning.

Guiding Values & Principles (Section 4)

Sustainability — ensure inter-generational equity in land use and natural resource management.
Public participation in all stages of plan preparation, implementation, and review.
Equitable access to land and security of land rights.
Protection of ecologically sensitive areas.
Non-discrimination, transparency, cost-effectiveness, and accountability.
Sound conservation and protection of the environment.
Devolution principles and democratic governance as set out in the Constitution.

Application (Section 5)

The Act applies to all land in Kenya — public, community, and private — in both urban and rural areas, in accordance with Article 66 of the Constitution.

Part II – Administration (Sections 6–22)

Director of Physical and Land Use Planning (Sections 6–10)

Appointed by the Public Service Commission (Section 6).
Serves as the head of the national physical and land use planning function under the Cabinet Secretary responsible for land and physical planning.
Functions (Section 7): formulate national physical and land use planning policies; prepare the National Physical and Land Use Development Plan; advise the national government on planning matters; monitor county implementation of plans; maintain a national land information system.
Issues practice notes and guidelines to promote consistency in planning across counties (Section 10).

County Director of Physical and Land Use Planning (Sections 11–13)

Each county appoints a County Director who is a registered physical planner (Section 11).
Functions (Section 12): advise the county government on physical and land use development; prepare county, local, and special area plans; process applications for development permission; enforce development control within the county.
Reports to the County Executive Committee member responsible for physical and land use planning.

Physical and Land Use Planning Consultative Forum (Sections 14–16)

National-level advisory body established under Section 14.
Membership includes the Director of Physical Planning (chair), representatives of relevant national ministries, Council of Governors, professional bodies, National Land Commission, NEMA, and civil society.
Functions: advise the Cabinet Secretary on national physical and land use planning policy; review inter-county planning conflicts; promote coordination between national and county planning authorities.
Provisions on membership and procedure are set out in the First Schedule of the Act.

County Physical and Land Use Planning Consultative Forum (Sections 17–19)

Established in each county under Section 17.
Chaired by the County Executive Committee member responsible for planning. Members include the County Director, sub-county administrators, representatives from professional bodies, communities, private sector, and relevant national agencies.
Functions: advise the county government on planning matters; review and recommend approval of county, local, and special area plans; hear and determine appeals from development permission decisions.
Provisions on membership and procedure are set out in the Second Schedule of the Act.

Physical and Land Use Planning Liaison Committee (Sections 20–22)

Established under Section 20 to coordinate planning between national and county governments, and between counties.
Chaired by the Director of Physical and Land Use Planning. Membership includes all 47 County Directors and representatives from key national agencies.
Functions: facilitate inter-governmental consultation on planning matters; coordinate preparation of inter-county plans; promote harmonisation of planning standards.
Provisions on membership and procedure are set out in the Third Schedule of the Act.

Part III – Physical and Land Use Development Plans (Sections 23–53)

National Physical and Land Use Development Plan (Sections 23–28)

Prepared by the Director for the entire country with a 10-year planning horizon (Section 23).
Covers inter-county infrastructure corridors, national land use policy, natural resource management, and strategic development nodes.
Must incorporate population and economic projections, environmental conservation areas, and disaster risk management.
Subject to Strategic Environmental Assessment (SEA) and public participation (Section 25).
Approved by Parliament after recommendation by the Cabinet Secretary (Section 26).
Binding on all county governments once approved (Section 28).

Inter-County Physical and Land Use Development Plan (Sections 29–31)

Prepared jointly by two or more county governments for shared resources, corridors, or planning areas crossing county boundaries (Section 29).
Coordinated by the Director through the Liaison Committee.
Approved by each participating County Assembly after public participation (Section 31).

County Physical and Land Use Development Plan (Sections 32–37)

Prepared by the County Director for the entire county with a 10-year planning horizon (Section 32).
Sets county-wide land use zones: residential, commercial, industrial, public purpose, conservation, recreation, transportation.
Identifies infrastructure networks, public facility locations, environmental conservation areas, and development density parameters.
Must conform with the National Plan and be consistent with the County Integrated Development Plan (CIDP).
Subject to public participation and approved by the County Assembly (Sections 35–36).
Reviewed every five years or when circumstances require (Section 37).

Local Physical and Land Use Development Plan (Sections 38–43)

Detailed plans for specific areas within a county — towns, urban centres, municipalities, market centres, or wards (Section 38).
Specify plot layouts, building heights, densities, setbacks, parking, pedestrian networks, and local service infrastructure.
Must be consistent with the County Plan.
Prepared with community participation and approved by the County Executive Committee after recommendation by the County Consultative Forum (Sections 41–42).

Special Area Plans (Sections 44–49)

May be declared by the Cabinet Secretary (national) or County Executive Committee (county) for areas with unique development circumstances (Section 44).
Applicable to environmentally sensitive areas, historical or cultural heritage sites, areas prone to natural hazards, areas of rapid urbanisation, or special economic zones.
May impose modified development standards tailored to the specific area.
Require enhanced public participation and multi-agency coordination.

Renewal Plans (Sections 50–53)

Prepared for areas requiring urban renewal, redevelopment, or regeneration (Section 50).
May be initiated by the county government or on petition by landowners and residents within the renewal area.
Must address infrastructure upgrading, tenure regularisation, environmental remediation, and livelihood protection for affected communities.
Subject to public participation and compensation provisions (Sections 52–53).

Part IV – Development Control (Sections 54–67)

Objectives of Development Control (Section 54)

Ensure all development conforms to approved physical and land use development plans.
Protect public health, safety, and environmental integrity.
Prevent incompatible land uses, congestion, and degradation of visual amenity.
Promote orderly, efficient, and sustainable development.

Requirement for Development Permission (Section 55)

No person shall carry out development without development permission granted by the relevant county government.
“Development” includes construction, demolition, change of use, subdivision, and material alteration of any building or land.
Commencement of development without permission is an offence under Section 70.

Application for Development Permission (Section 56)

Applications submitted to the relevant county government in the prescribed form, accompanied by: certified survey plan, architectural and structural drawings (where applicable), proof of ownership or consent, environmental impact assessment licence (where required under EMCA 1999), and prescribed fees.
The county government must acknowledge receipt and allocate a reference number.

Referral to Director (Section 57)

The county government shall refer an application to the Director where the proposed development is of national or inter-county significance, or affects a strategic installation.
The Director must respond within 21 days.

Grant of Development Permission (Section 58)

The county government shall consider the application and notify the applicant of its decision within 30 days of receipt of a complete application.
Permission may be granted unconditionally, granted subject to conditions, or refused — with written reasons provided in every case.
Conditions may relate to: building setbacks and heights, parking provision, landscaping and environmental safeguards, infrastructure contributions, traffic impact mitigation, and accessibility for persons with disabilities.
If the county government fails to communicate a decision within 30 days, the applicant may appeal to the County Consultative Forum.
Development permission lapses if development is not commenced within the period specified (typically 2 years).

Change of Use & Extension of Use (Section 59)

Any change or extension of a permitted use requires a separate application for development permission.
The county government considers the proposal against the approved plan, neighbouring uses, infrastructure capacity, and environmental impact.

Subdivision (Section 60)

Subdivision of land requires development permission.
Application must be accompanied by an approved Part Development Plan (PDP) showing proposed lot layout, access roads, open spaces, and service infrastructure.
Minimum plot sizes and access standards as prescribed in the approved plan or regulations apply.

Enforcement & Compliance (Sections 61–65)

Enforcement Notices (Section 61): The county government may issue an enforcement notice requiring cessation of unauthorised development or restoration of land to its lawful use. Notice must specify the breach, required remedial action, and compliance deadline.
Stop Orders (Section 62): The county government may issue a stop order to immediately halt any development carried out without permission or in breach of conditions. Contravention of a stop order is an offence.
Completion Certificates (Section 63): Upon completion, the developer must apply for a certificate of completion confirming the development conforms to the approved plans and conditions.
Certificates of Compliance (Section 64): Buildings occupied or used must hold a valid certificate of compliance.
Restoration Orders (Section 65): Where development has been carried out in contravention of the Act, the county government may order restoration of the land to its previous condition at the developer’s expense.

Compensation (Section 66)

Where a development permission is revoked or modified, the applicant may claim compensation for expenditure rendered abortive, subject to the provisions of the Land Act and the Constitution.

Appeals (Section 67)

A person aggrieved by a decision of the county government may appeal to the County Physical and Land Use Planning Consultative Forum within 30 days.
Further appeal lies to the National Physical and Land Use Planning Consultative Forum on matters of national significance.
A person dissatisfied with a Forum decision may appeal to the Environment and Land Court.

Part V – Miscellaneous Provisions (Sections 68–80)

Powers of Entry (Section 68)

An authorised officer may enter any land or premises to carry out inspections, surveys, or investigations for planning purposes, after giving not less than 24 hours written notice (except in emergencies).

Service of Notices (Section 69)

Notices under the Act may be served personally, by registered post, or by publication in the Kenya Gazette and at least two newspapers of national circulation.

Offences & Penalties (Section 70)

Unauthorised development: a person who carries out development without permission commits an offence and is liable on conviction to a fine not exceeding five million shillings or imprisonment for a term not exceeding two years, or both.
Breach of conditions: non-compliance with conditions of a development permission is an offence attracting similar penalties.
Obstruction: a person who obstructs an authorised officer in the exercise of powers under this Act commits an offence.
Continuing offences: where an offence is a continuing one, a further fine not exceeding fifty thousand shillings per day for each day the offence continues may be imposed.

Regulations (Section 71)

The Cabinet Secretary may, on the recommendation of the Director, make regulations for the better implementation of the Act.
16 sets of regulations (Legal Notices 238–253 of 2021) have been gazetted, covering institutions, building operations, plan preparation, development control, planning fees, advertisements, liaison committees, special planning areas, enforcement, and outsourcing of professional services.

Repeal, Savings & Transitional Provisions (Sections 72–80)

Repeal (Section 72): The Physical Planning Act (Cap. 286) is repealed.
Savings (Section 73): development plans, development permissions, and enforcement actions subsisting under the repealed Act continue in force until superseded under the new Act.
Transition (Sections 74–80): county governments are required to prepare PLUPA-compliant plans within the transition period; existing staff and officers are absorbed into the new institutional structure.

Schedules

First Schedule — Physical and Land Use Planning Consultative Forum

Sets out the composition, appointment process, tenure, meetings, quorum, and procedures of the national Consultative Forum established under Section 14.

Second Schedule — County Physical and Land Use Planning Consultative Forum

Sets out the composition, appointment process, tenure, meetings, quorum, and procedures of each County Consultative Forum established under Section 17.

Third Schedule — Physical and Land Use Planning Liaison Committee

Sets out the composition, appointment process, tenure, meetings, quorum, and procedures of the Liaison Committee established under Section 20.

Official PLUPA Act (2019): The complete text of the Act can be downloaded from the Kenya Law website. This summary is a paraphrased interpretation for reference; refer to the official Act for authoritative legal language.

Nairobi City County Land-Use Classes under PLUPA 2019

The following land-use classes are defined under PLUPA 2019 and the Physical and Land Use Planning Handbook (2025). Numerical codes align with the national land-use classification standard (Handbook Table 4):

Code	Land-Use Class	Sub-Categories	Typical Permitted Uses
0	Residential	High / Medium / Low Density	Single dwellings, apartments, townhouses, local convenience shops, schools, religious facilities
1	Commercial	High / Medium / Low Density	Offices, retail outlets, markets, hotels, mixed commercial spaces, financial institutions
2	Industrial	Heavy / Medium / Light	Manufacturing, warehousing, processing, logistics depots, energy utilities
3	Public Purpose	Educational / Health / Administrative	Schools, hospitals, government offices, courts, police stations, community centres
4	Recreational	Parks / Playgrounds / Sports	Public parks, playing fields, sports facilities, open spaces, botanical gardens
5	Transportation	Roads / Rail / Airports	Road reserves, railway corridors, bus termini, railway stations, airports, NMT infrastructure
6	Conservation	Forest / Wetland / Riparian	Forests, wetlands, river corridors, biodiversity reserves, Nairobi National Park buffer

Legal Notices under PLUPA 2019: The following legal notices were published in 2021 to operationalize key provisions of the Physical and Land Use Planning Act, 2019:

Land-Use Class	Permitted Uses	Intensity / Special Conditions
Residential Low-Density	Single-family homes, villas, gated compounds	Max 1–2 storeys, plot ratio 0.4, setbacks 3–6m
Residential Medium-Density	Apartments, flats, townhouses	Max 4 storeys, plot ratio 0.8, setbacks 3–5m
Residential High-Density	High-rise apartments, boarding houses	Max 10 storeys, plot ratio 2.0, must comply with Nairobi Housing Strategy
Commercial	Retail, offices, banks, hotels	Plot ratio 2.5, minimum parking per standards, change-of-use approval required for residential conversion
Industrial	Light and medium manufacturing, warehouses, logistics hubs	Heavy industry only in Industrial Zones, buffers from residential areas mandatory
Institutional / Public Facilities	Schools, hospitals, government offices, religious institutions	Site plan approval required; must meet access and utility standards
Green & Open Spaces	Parks, sports grounds, urban forests, wetlands	No development allowed; riparian and ecological buffers enforced
Mixed-Use	Residential + Commercial, service shops, offices	Max 5 storeys; follow CBD / urban corridor guidelines
Special Planning Zones	Heritage sites, airport zones, high-voltage lines, ecological zones	Specific restrictions; permits required from County or National authorities

Principle	Description
Accessibility	All parcels provided with adequate access
Aesthetics	Developments organised in a visually appealing manner
Compatibility	Land uses co-exist in harmony
Convenience	Shortest possible travel times for services
Conservation	Protection of natural and cultural resources
Efficiency	Optimal resource utilisation
Economy	Sparing and synergistic use of resources
Equity	Fair access to basic needs and opportunities
Health, Safety & Welfare	Ensure user well-being
Resilience	Promote recovery and adaptation after disasters
Sustainability	Meet present needs without compromising future generations
Urban Containment	Concentrate urban development within defined boundaries

Policy	Key Focus
Kenya Vision 2030	Economic, social and political pillars; flagship projects
Sessional Paper No. 3 of 2009 (National Land Policy)	Land administration, tenure reform, sustainable use
Sessional Paper No. 1 of 2017 (National Land Use Policy)	Optimal land utilisation, zoning standards
National Spatial Plan 2015-2045	National spatial structure, growth corridors
National Urban Development Policy 2016	Urban governance, sustainability
National Climate Change Action Plan	Adaptation, mitigation, resilient planning

Law	Key Provisions
Constitution 2010 (Art. 60-67, Fourth Schedule)	Land use regulation, devolved planning functions
PLUPA 2019	Plan types, development control, liaison committees
County Governments Act 2012	County planning functions, CIDP integration
Land Act 2012	Land administration, wayleaves, reserves
EMCA 1999 (Amended 2015)	EIA requirements, wetland/riparian standards
Urban Areas & Cities Act 2011 (Amended 2019)	Urban classification and management

Institution	Role	Level
Ministry of Lands & Physical Planning	National policy, standards	National
National Land Commission	Oversight, public land management	National
County Executive (Lands/Planning)	County plans, development control	County
NEMA	Environmental compliance	National/County
WRA	Water resources planning	National/County

Control	Function	Shortcut
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💬	WhatsApp	Direct support chat via WhatsApp	—

Type	Process	Key Requirements
Change of User	Application → Circulation → Analysis → Decision	Title deed, search, rates clearance, survey plan
Subdivision	Pre-approval → Survey → Public notice → Registration	Ownership docs; EIA if >10 plots
Amalgamation	Application → Vetting → Surrender → New title	Title copies, survey plan
Building Plans	Submission → Multi-agency vetting → Approval	Architectural / structural drawings, NCA registration

Category	Min Plot (ha)	Coverage (%)	Plot Ratio	Max Floors	Setbacks (m)
CBD Commercial	0.05	80	4.0–8.0	FAR-based	0 / 0 / 3
Neighbourhood Shopping	0.1	60	2.0	4	3 / 3 / 3
Market Centre	0.2	50	1.5	2	6 / 3 / 6

Category	Min Plot (ha)	Coverage (%)	Plot Ratio	Max Floors	Buffer from Residential (m)
Heavy Industrial	1.0	60	1.2	3	100
Medium Industrial	0.5	70	1.5	4	50
Light Industrial	0.2	80	2.0	5	30

Type	Min Size (ha)	Per Capita (m²)	Access Radius (km)
Pocket Park	0.1–0.5	1	0.4
Neighbourhood Park	1–5	2–5	0.8
Urban Park	5–50	5–10	2–5
Regional Park / Forest	50+	10+	Citywide