Building plans and the county: time limits, appeals and enforcement notices
Physical and Land Use Planning Act · sources read 4 Oct 2026
You need the county's development permission before building, changing use or subdividing. If the county does not reply in writing within 60 days, the permission is treated as granted; if it refuses, it must give reasons in writing and you can appeal to the County Physical and Land Use Planning Liaison Committee within 14 days.
- How long
- The county should respond in writing within 60 days. If it does not, the permission is assumed to have been given.
- Deadline
- 14 days from the county's decision to appeal to the Liaison Committee.
- Deadline
- 14 days from being served with an enforcement notice to appeal.
- Where
- Your county government's physical planning office; appeals to the County Physical and Land Use Planning Liaison Committee, then the Environment and Land Court
Steps
- Apply to the county executive committee member in charge of planning on the prescribed form and pay the prescribed fees.
- If the county refuses, it must state the grounds for refusal in writing.
- Appeal to the County Physical and Land Use Planning Liaison Committee within 14 days of the decision. The committee must decide within 14 days of the appeal being filed.
- If you are still unhappy with the committee's decision, appeal to the Environment and Land Court.
- If you are served with an enforcement notice, appeal to the Liaison Committee within 14 days of being served; it must decide within 30 days.
Watch out
- Building without development permission is an offence: a fine of up to KSh 500,000, up to 2 months in prison, or both.
- After the Liaison Committee rules on an enforcement notice, a further appeal to court is only on a point of law.
- County permission does not override other laws; the development must still comply with them.
- If you build without permission, the county must order you to restore the land to its original condition, as near as possible, within 90 days.
- If you do not restore the land, the county can do the work itself and recover the cost from you.
- Refusing to comply with an enforcement notice is a separate offence: a fine of up to KSh 500,000, up to 2 months in prison, or both.
Who this covers
- Anyone who wants to carry out development (building, change of use, subdivision) in a county.
- If you are not the registered owner, you need the owner's written consent to apply.
- Applicants and interested parties unhappy with the county's decision can appeal.
Official sources (2)
- Physical and Land Use Planning Act (No. 13 of 2019, Cap. 303) new.kenyalaw.org · read 2 Oct 2026
- Physical and Land Use Planning Act, No. 13 of 2019 (Kenya Law edition) landcommission.go.ke · read 4 Oct 2026