Legal Requirements for Subdividing Land in Kenya. A step-by-step guide.
Subdividing land in Kenya can unlock value but it’s tightly regulated. Failure to follow the legal process can lead to rejected plans, fines or even prosecution. Below is a clear, step-by-step guide to the current legal requirements for land subdivision, backed by national and county procedures.
1. Start with a title search and ownership checks
Before you do anything, confirm the land’s legal status: title type (freehold/leasehold), registered owner(s), encumbrances (mortgages/caveats) and any pending transfers. Obtain an official land search and certified copies from the Lands Registry or the Government’s digital platforms. This avoids costly surprises later.
2. Hire a licensed surveyor and obtain a Registry Index Map (RIM)
A registered (licensed) surveyor prepares the subdivision scheme and carries out field measurements. The surveyor will usually obtain a Registry Index Map (RIM) from the Survey of Kenya to ensure proposed boundaries align with existing records. The subdivision scheme and survey plan are technical prerequisites for county approval.
3. Prepare a subdivision scheme and PPA-1 application
Under the Physical and Land Use Planning Act, subdivision proposals must be submitted to the county government for development permission commonly via the PPA-1 form (Physical Planning Act form). The application should include multiple copies of the subdivision scheme, proof of ownership, the surveyor’s reports and the required fees. Counties forward proposals to national agencies (Director of Physical Planning, Director of Survey) for comments when necessary. eprocedures.investkenya.go.ke+1
4. Obtain Land Control Board (LCB) consent where required
If the land is agricultural or otherwise “controlled” under the Land Control Act, you must get consent from the local Land Control Board before subdividing or disposing of the parcel. LCB approval focuses on preserving agricultural productivity and community interests and is often a mandatory early step in rural subdivisions.
5. Environmental and other sector approvals (if applicable)
Larger or sensitive developments may require environmental clearance from NEMA (Environmental Management and Co-ordination Act) or other sector licences. Your county planning office will advise on whether an EIA or screening is necessary before approving subdivision.
6. Survey plan approval and registration
Once the county and any required national agencies approve the subdivision in principle, the surveyor lodges the final survey plan for approval (and for preparation of new plots). Approved plans are then lodged with the Lands Registry so that new title documents (or transfers) can be issued in the names of the subdivided parcels’ proprietors. Expect to present maps, original title, approved PPA-1, and survey documents when registering the new parcels.
7. Pay stamp duty, rates and complete registration formalities
After registration, stamp duty and other statutory fees must be paid on transfers or new titles. Ensure all document sale agreements, transfer instruments, and stamp duty receipts are correctly processed to avoid delays in issuing new title deeds.
Common pitfalls & quick tips
- Don’t skip LCB consent for agricultural land, it’s a common cause of rejected subdivision applications.
- Use licensed professionals: surveyor, physical planner and a conveyancing lawyer; counties are strict about certified practitioners.
- Keep copies of every approval (PPA-1, survey approvals, LCB minutes) — you’ll need them for registration and future sales.
