Obtaining a Change of User Approval (on Ardhisasa)

Introduction

In Kenya, the law regulating the procedure for obtaining a change of user approval is the Physical Planning Act, 2019. The Act gives the County Governments the authority to grant or deny change of user approvals.

Basically, Land use is the way that land is used for a particular purpose. For example, residential land use is used for housing, commercial land use is used for businesses, and industrial land use is used for factories. A change of user is the process of changing the intended use of a property from one category to another. This can be done for a variety of reasons, such as to convert a residential property into a commercial property or to change the use of a piece of land from agricultural to industrial.

Review/Analsyis:

To process change the user on Ardhisasa, you can follow these steps:

Submit application: Submit two copies of the PPA 1 form, signed by a registered physical planner

Prepare planning brief: Have a registered physical planner prepare and sign a planning brief

Provide ownership documents: Include title deeds

Create a location plan: Provide a comprehensive location plan

Advertise the proposal: Publish the proposal in two local newspapers and on-site

Pay the application fee: Pay the required fee to the County Government and attach the receipt to the planning brief

Submit the planning brief: Submit the planning brief and any public objections to the County Government's Department of Physical Planning

Await a resolution: The County Government will review the proposal and public objections, and pass a resolution

Receive permission: If the changes are approved, the County Government will issue a PPA2 form granting permission

Step by step (On your Ardhisasa Platform):

·       Log in to the ArdhiSasa platform. You can do this by going to the ADISA website and entering your username and password.

·       Click on the “Change of Use” application. This is located under the “Development Control” section of the platform.

·       Select the type of change of use that you are applying for. There are different types of change of use applications, such as residential to commercial, commercial to industrial, and agricultural to residential.

·       Enter the details of your change of use application. This includes the current land use, the proposed land use, the status of the land, and the reference number of the DC-17 form.

·       Attach the required documents. The required documents for a change of use application vary depending on the type of change of use. However, some common documents include a site plan, a survey plan, and a letter from the planning authority.

·       Verify the details of your application. Make sure that all of the information that you have entered is correct.

·       Submit your application. Once you are satisfied with the details of your application, you can submit it by clicking on the “Submit” button.

·       The owner of the property will need to verify the application before it can be approved. The owner will receive an OTP code via SMS or email. Once the owner has verified the application, it will be submitted to the Ministry of Lands and Physical Planning for approval.