Related documents
- Is amended by 24th Annual Supplement

LAWS OF KENYA
PHYSICAL AND LAND USE PLANNING ACT
THE PHYSICAL AND LAND USE PLANNING (BUILDING) REGULATIONS
LEGAL NOTICE 239 OF 2021
- Published in Kenya Gazette Vol. CXXIII—No. 253 on 10 December 2021
- Commenced on 10 December 2021
- [Revised by 24th Annual Supplement (Legal Notice 221 of 2023) on 31 December 2022]
Part I – PRELIMINARY
1. Citation
These Regulations may be cited as the Physical and Land Use Planning (Building) Regulations.2. Interpretation
In these Regulations, unless the content otherwise requires—“amenity” means physical attributes which contribute to the quality of the environment and enhanced enjoyment of a permitted use;“applicant” means the owner, lessee or occupier of land or premises and includes his or her duly authorized agent or representative;“building line” means a line drawn across a parcel of land such that no building or permanent structure, except a wall of approved design enclosing the parcel, may be within the area contained between that line and the nearest road, railway, other infrastructure or utilities on which the parcel has frontage;“canopy” has the meaning assigned to it in the National Building Code;“dwelling” means a building or any part or portion of a building used or constructed, adapted or designed to be used for human habitation as a separate tenancy or by a single family, whether detached, semi-detached or separated by walls or by floors from adjoining buildings, together with such out-buildings as are reasonably required to be used and enjoyed therewith;“dwelling house” means a building designed for use exclusively as one self-contained dwelling by a single family, together with such out-buildings as are ordinarily used therewith;“external wall” means an outer wall or vertical enclosure of a building not being a party wall even though adjoining a wall of another building;“frontage” means a strip of land between a commercial development and a carriage way;“highest water mark” means the highest level or boundary reached by a river or lake during floods, and by the ocean during periods of high tides;“national building code” means the National building code made by the Cabinet Secretary for the time being responsible for public works under section 42(a) of the National Construction Authority Act (Cap. 118);"partition" means the separation, by legal instrument of the share of land or a lease held by owners in common so that each owner takes their share free of the rights of the others;"plinth area" means the sum total of the floor area contained in all the storeys of a building, the measurements for which shall be taken from the external faces of the enclosing walls or other boundaries of such building;“plot ratio” means the factor by which the area of a plot is multiplied to determine the maximum plinth area of a building permitted on that plot;“public building” means a building used or constructed or adapted to be used ordinarily or occasionally as a place of public worship or as a hospital, college, school (not being a dwelling house so used), theatre (including a private theatre), an institution for persons admitted by ticket or otherwise or used or adapted to be used for any other public office or public purpose;“registrar” has the meaning assigned to it under section 2 of the Land Registration Act (Cap. 300);“re-parcellation” as provided for in section 23 of the Land Registration Act (Cap. 300);“renewal of lease” means the process by which the lessee seeks reallocation of the property and a new lease after the expiry of a lease;“special block of flats” means a building with at least two storeys designed in part to contain two or more self-contained dwellings, together with outbuildings as are ordinarily used therewith and where one or more floors of the building are not used for dwelling;“subdivision” in relation to land means the division of a specific parcel of land, including buildings into units held under single ownership, into two or more parts whether the subdivision is by conveyance, transfer or partition or for the purpose of sale, gift, lease or any other purpose;“use” or “purposes” or “purpose” means the particular use or purpose for which a building or part thereof has been erected or to which it has lawfully been altered and not solely its general purpose as a domestic building, public building or other type of building and in a domestic building only that portion thereof which has been erected as a dwelling may be used as such; and"user" means a specific designation to a registered parcel of land with development conditions for continued use or enjoyment of a right.3. Objects of the Regulations
The object of these Regulations is to provide for the procedures, standards and forms for carrying out development control applications ad processes, and the regulation of physical planning and land use in respect of buildings.Part II – BUILDING PLANS
4. Application
5. Standards and considerations
6. Siting of the building within the plot
7. Building line
8. Back-to-back dwellings
9. Cartilage
Except in the case of a dwelling contained in a special block of flats or a block of flats where any building is designed or constructed or used so as to provide within the same building more than one dwelling for a single family, each such dwelling shall be deemed to be a separate house and shall have its own separate area, cartilage or open space which shall be contiguous with such dwelling as if it were a separate building.10. Space in front of buildings
11. Minimum measurements for courtyards
Where any building contains more than one dwelling and is designed to have an internal courtyard or open space, there shall be provided within such courtyard or open space an area free from obstruction of not less than thirty-two point five square metres and having no dimension less than four point five metres.12. Service area
A person erecting a building shall provide to the satisfaction of the planning authority in consultation with the County Director, a service area for the security serving that building, loading and unloading of vehicles, dustbins, and such other purposes as the County Director of Physical Planning may require, and the means of the access thereto shall be of a width not less than three metres.13. Offensive sites
A building shall not be erected on any site which has been made up or filled up by offensive or insanitary materials or which has been used for the deposit of the refuse, excrementious materials or carcasses of dead animals or other filthy or offensive matter until such site has dealt with to the satisfaction of the Medical Officer of Health, Chief Materials Engineer, Environment Officer and the County Director.14. Reduction in plot area
A plot on which a building is erected shall not be reduced in area so that, in relation to the reduced site, the area covered by the building exceeds the percentage permitted for that class of building, except where the reduction in area is caused by acquisition of land by a proper authority.15. Plot coverage
Each planning authority shall, in accordance with norms and standards prescribed in physical and land-use planning standards, approved development plans and land-use zoning regulations determine the plot coverage and plot ratios depending on the zoning of the urban area and the level of urban services available.16. Building heights
17. Plot size
18. Safety, security and lighting
19. Canopies and projections
20. Access to dwellings and other buildings
21. Front frontages
22. Access to rear of buildings from street
Access of not less than one metre and sixty centimetres in width shall be provided from the street to the rear of buildings other than through the building where such access is not provided from a side passage or rear line.23. Secondary means of access
Unless the planning authority otherwise agrees, a building shall be provided with a secondary means of access.24. External passages
Any passage between buildings erected on the same plot or between a building and the boundaries of the plot on which such building is situated, shall have minimum dimensions of one metre and twenty centimetres in width and two metres and ten centimetres in height.25. Access for persons with disabilities
Every building shall provide adequate access to persons with disability, and the following provisions—26. Access for nonmotorised transport
27. Infrastructure services
28. Drainage
Where a planning authority is of the opinion that the proposed development requires a comprehensive drainage plan, the planning authority may—Part III – PUBLIC BUILDINGS AND FACILITIES
29. Application
In addition to the public facilities provided for in the Third Schedule, the following shall also apply—30. Standards and considerations
The following shall apply for the erection of public buildings and facilities—Part IV – GENERAL PROVISIONS
31. Aspects of urban design
The following considerations shall be borne in addition to paragraph 8(d), (k), and (l) of the Third Schedule to the Act—32. Demolition
33. Unsafe buildings
34. Sale of materials
35. Temporary closure of streets
36. Computation of time
For purposes of computation of time, the deadline for electronic submission of documents and advisories issuing by the county executive committee member on development applications lodged electronically shall be 23:59:59 hours East African Time.37. Instance where a hard copy application may be submitted
Where due to a reasonable cause that may include a system prolonged down time, resulting in the author’s inability to submit an application electronically, the author may submit a hard copy application to the county executive committee member and thereof give reasons for not beating the deadline.________________________
PLUPA/BD/1 | (r. 32(2)) | |
THE PHYSICAL AND LAND USE PLANNING ACT(Cap. 303) |
Registered Number of Application .................................... | ||
REF No. ........................ | Date ........................... |
DEMOLITION PERMIT |
TO...... |
L/R | Plot No | Sub County | Ward | Estate/Locality/Area | Nearest Street/Road |
History of this document
31 December 2022 this version
Revised by
24th Annual Supplement
10 December 2021
Commenced
Cited documents 4
Act 4
1. | Land Registration Act | 5601 citations |
2. | Energy Act | 282 citations |
3. | Urban Areas and Cities Act | 217 citations |
4. | National Construction Authority Act | 76 citations |