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Legal Procedure to follow when constructing a permanent House in Kenya


In Kenya building a permanent house is controlled by the Physical and Land Use Planning Act 2019, Building Code 1968/2009, EMCA 1999 and County bylaws. You must get approvals before you break ground.

Here are the legal steps:

1. Confirm Land Ownership & Suitability

- Have original title deed, ID, KRA PIN

- Do an official land search at Ministry of Lands (not older than 6 months)

- Get beacon certificate from licensed surveyor. If land is leased, get consent from landlord / National Land Commission. Land must be free from disputes or riparian reserve (4m to 30m from river/lake)

2. Engage Registered Professionals Only

By law, design and supervision must be done by registered professionals:

- Physical Planner (if change of user needed)

- Registered Architect - to draw architectural plans

- Registered Structural / Civil Engineer - structural drawings

- Quantity Surveyor, EIA Expert

Using unregistered draftsmen leads to automatic rejection.

3. County Government Development Permission

This is the main approval. Apply through your County e-DPermit / e-Construction portal with:

- Site plan, Floor plans, Elevations, Sections, Roof plan

- Stamped drawings by Architect and Engineer

- Title deed + Search, PLUPA forms

- Rates clearance, approval fee - typically 0.5% to 1% of estimated construction cost

You get approved drawings (blueprints) and a Building Permit letter with conditions. Approval lapses if you don't submit plans within 1 year and start construction within 2 years.

If your land zoning is agricultural, you first need Change of User / Extension of User from County Planning Department.

4. NEMA - Environmental Compliance

All permanent houses need NEMA approval.

- Low-risk (single dwelling): Submit Project Report Summary via licensed EIA expert. Pay 0.1% of project cost (min KES 10,000).

- NEMA must respond within 45 days for low-risk projects.

Without NEMA license, you can be fined or house demolished.

If near a river, also get WRA (Water Resources Authority) approval.

5. Register Project with National Construction Authority (NCA)

After County & NEMA approval, register project with NCA:

- Submit: approved drawings, NEMA license, contractor details, consultants, Bill of Quantities summary, KRA PIN, contract agreement

- Contractor MUST be NCA-licensed

NCA issues a compliance certificate and project registration.

6. During Construction - Inspections

County and NCA inspectors will do stage inspections (foundation, walling, roofing). Keep approved plans on site. If near airport, you also need KCAA clearance.

7. Post-Construction

- Apply for Occupation Certificate from County after final inspection

- Get compliance from public health, water and sewer connection approvals.

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