The Physical and Land Use Planning (Planning Fees) Regulations

Legal Notice 243 of 2021

There are outstanding amendments that have not yet been applied. See the History tab for more information.

The Physical and Land Use Planning (Planning Fees) Regulations

Citation

Legal Notice 243 of 2021

Primary work

Physical and Land Use Planning Act

Date

Language

English

Type

Legal Notice

Original enactment

Download original enactment (PDF) (204.4 KB)

PHYSICAL AND LAND USE PLANNING ACT

THE PHYSICAL AND LAND USE PLANNING (PLANNING FEES) REGULATIONS

LEGAL NOTICE 243 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]
[Amended by Physical and Land Use Planning (Planning Fees)(Amendment) Regulations, 2023 (Legal Notice 24 of 2024) on 19 January 2024]

1. Citation

These Regulations may be cited as the Physical and Land Use Planning (Planning Fees) Regulations.

2. Interpretation

In these Regulations, unless the content otherwise requires—"advisory plan" means a plan indicating the permitted subdivision, use and density of development;"easement" has the meaning assigned to it in the Land Act (Cap. 280);"ordinary scheme" means development that—

(a)does not exert demands on the existing infrastructure;

(b)does not comprise of more than ten units; and

(c)has one permitted use;

“part development plan” means a plan for the immediate implementation of a specific process including land alienation purposes;“planning fees” means an amount payable for planning services;“Planning Services” means services offered by a planning authority; and“use” means any use of land for which development permission has been obtained.

3. Object of the Regulations

The object of these Regulations is to provide for guidelines determining planning fees for services and processes under the Act.

4. Determination of planning fees

(1)In determining planning fees chargeable for planning services, the planning authority shall be guided by the—

(a)principles of public finance set out in Article 201 of the Constitution;

(b)Articles 209 and 210 of the Constitution;

(c)Chapter Four of the Constitution; and

(d)the Access to Information Act (Cap. 7M).

(2)Planning fees shall be charged based on—

(a)the type of planning service being rendered;

(b)the actual cost of providing the planning service;

(c)a subsidized provision of public goods and services;

(d)the location, use and size of development;

(e)the planning and land use zoning frameworks;

(f)the unit cost;

(g)the cost of the version, mode and making of copies of documents;

(h)the cost of the sessions and pages of minutes of the session;

(i)the cost of the certification of documents;

(j)the type of installation, where the development is a communication mast;

(k)whether the development or works are new, modifications or renovations;

(l)in the case of enforcement, time for undertaking works, the technology required, risk factors, manpower, cost of transportation of materials from the site and unit cost for restoration per square meter; and

(m)any other parameter that may be necessary in the circumstances.

5. Planning fees of the National Government

(1)The national planning authority may impose planning fees for—

(a)copies of national physical and land use plans and policies required by any person;

(b)making applications for the preparation of the development plans for strategic national projects;

(c)the sale of shape files for planning data;

(d)copies of inter-county physical and land use plans and policies required by any person;

(e)the scrutiny and sale of copies of the proceedings of the National Physical and Land Use Planning Consultative Forum;

(f)the scrutiny and sale of copies of the proceedings of an InterCounty Joint Physical and Land Use Planning Committee;

(g)the filing of making applications for appeal to the National Physical and Land Use Liaison Committee;

(h)the scrutiny and sale of copies of minutes of the proceedings of the National Physical and Land Use Liaison Committee;

(i)the vetting of applications for change of user or extension of user;

(j)the inspection of sites;

(k)the issuance of certificates of compliance; and

(l)any other planning service offered in the performance of national government planning functions that Cabinet Secretary may designate by notice in the Gazette.

(2)A planning authority performing national government planning functions may impose the relevant planning fees set out in table 1 of the Schedule.

6. Planning fees of County Governments

(1)A planning authority performing county government planning functions shall charge planning fees for—

(a)the sale of inter-county physical and land use plan and policies;

(b)the sale of shape files for planning data;

(c)the sale of copies of county physical and land use plans and policies;

(d)the scrutiny and sale of proceedings of an Inter-County Joint Physical and Land Use Planning Committee;

(e)the scrutiny and sale of proceedings of a County Physical and Land Use Planning Consultative Forum;

(f)filing and making application for appeal to the County Physical and Land Use Liaison Committee;

(g)the scrutiny and sale of the minutes of the proceedings of the County Physical and Land Use Liaison Committee;

(h)the inspection of sites;

(i)the vetting and approval of development applications;

(j)the issuance of certificates of compliance;

(k)the costs of enforcement; and

(l)any other planning service offered in the performance of a county government planning functions, that the relevant County Executive Committee Member, in consultation with the respective County Director of Physical and Land Use planning, may deem necessary.

(2)A county planning authority may impose the relevant planning fees set out in table 2 of the Schedule.

7. Waivers and variations

(1)Subject to paragraph (2), a waiver or variation of planning fees shall be granted in accordance with the Public Finance Management Act (Cap. 412A) and section 63.

(2)The following may be exempted from payment of fees under these Regulations—

(a)the surrender of land for public use;

(b)the improvement of infrastructure for public use;

(c)works by or on behalf of national security organs; or

(d)where a land owner voluntarily permits imposition of easements on the land owner’s land under any written law.

SCHEDULE [r. 5(2), L.N. 24/2024, r. 2.]

PLANNING FEES FOR PLANNING SERVICES OFFERED BY THE NATIONAL GOVERNMENT

TABLE 1

S/No.	Item Description	Unit of Measure/charge	Paper copy	Electronic copy	Certification of Copies
	Sale of Copies of National Physical and Land Use Plans and Policies

1.	National Physical and Land Use Plan (Full version)	Per copy	2500	No charge	500 per copy
2.	National Physical and Land Use Plan (Popular version)	Per copy	No charge	No charge	500 per copy
3.	National Land Use Policy (Full version)	Per copy	1000	No charge	500 per copy
4.	National Land Use Policy (popular version)	Per copy	No charge	No charge	500 per copy
5.	Inter County Physical and Land use plans	Per copy	1000	No charge	500 per copy
6.	Inter County Physical and Land use plans (popular version)	Per copy	No charge	No charge	500 per copy
7.	Sale of shape files	Per theme	-	500 per layer	Not applicable
8.	Sale of prints of graphical plans per copy	Size	Colour	Black & White	Blue Print
9.	Certification of downloaded prints of plans	Per copy	500	Not applicable	-
10.	Proceedings of National Physical and Land Use Consultative Forum	Per copy	50 per page	No charge	500
11.	Proceedings of Inter-County Joint Physical and Land Use PlanningCommittee	Per copy	50 per page	No charge	500
S/No.	Item Description	Unit of Measure		Charges (KSh.)
	Processing of Development Applications
12.	Application for DevelopmentPermission for National Strategic projects	Per application		5000
13.	Site inspection fee	Per visit within the locality		Cities-3,000 Municipalities-1,000Towns, markets and other areas- 500Special Economic Zone- 5000Territorial Sea and ExclusiveEconomic Zone- 10,000
14.	Certificate of compliance	Per copy		Cities-2,000Municipalities-1,000Towns, markets and other areas-500Special Economic Zone- 3000Territorial Sea and ExclusiveEconomic Zone- 5,000
15.	Vetting of applications for change of user or extension of user	Per application		3,000
16.	Vetting of sub-division	Per plot		500
	Appeal fees and Checking fees for National Physical and Land Use Planning Liaison Committee
17.	Appeal to National Physical and Land Use Planning LiaisonCommittee	Per application		2000
18.	Amendment of appeal to National Physical and Land Use PlanningLiaison Committee	Per application		1000
19.	Obtaining extracts of Register of appeals to the National Physicaland Land Use Planning Liaison Committee	Per copy		1,000
20.	Obtaining copies of minutes of the National Physical and Land Use Planning Liaison Committee	Per page		50
21.	Certification of copies of minutes of National Physical and Land UsePlanning Liaison Committee	Per set of minutes		500

S/No.	Item Description	Unit ofMeasure/Charge	Paper Copy	Electronic Copy	Certificationof Copies
	Sale of Copies of Physical and Land use plans/Policy
1.	Inter-County Physical and Land use plans (Full version)	Per copy	1000	No charge	500
2.	Inter-County Physical and Land use plans (popular version)	Per copy	No charge	No charge	500
3.	County Physical and Land use plans (full version)	Per copy	2000	No charge	500
4.	Sale of shape file	Per theme	-	500 per layer	Notapplicable
5.	Sale of prints of graphical plans per copy	Size	Colour	Black & White	Blue Print
		A₀	3000	1500	1500
		A₁	2500	1200	1200
		A₂	2000	1000	1000
		A₃	1000	500	500
		A₄	500	200	200
6.	Certification of downloaded prints of plans	Per copy	500	Not applicable	-

S/No.	Item Description	//Unit ofMeasure//		Sub-Units	//Charges(KSh.)//
	Acquiring Forms and Certificates for Development Permission
7.	Application for DevelopmentPermission (Form PLUPA/DC/1…..)	Per Form		-	1000
8.	Submission Certificate (Form PLUPA….)	Per application			1000
9.	Certificate of compliance	Per application			Cities-2,000Municipalities-1,500Towns, markets andother areas -1000
10.	Certificate of occupation	Per application			Cities-3,000Municipalities-2,000 Towns and otherareas -1000
11.	Site inspection fee	Per visit			Cities-4,000Municipalities-3,000Towns, markets andother areas -2000
12.	Processing fee for subdivisions	No. of Plots	1-10		500
			11-20		400
			21-50		300
			51 and above		200
13.	Processing fee for building plans	Floor area(sq. M)			100 per squaremetre
14.	Processing fee for perimeterwall	Type ofmaterial	Stone		100 per linear meter
			Electric		50 per linear meter
			Wooded
			Chain link
			Iron sheets
			Barbedwire/razorwire
15.	Processing fee for change ofuser/extension of user	User			5000
16.	Processing fee forcommunication masts e.g BaseTransmission Stations, radioand television frequencytransmission sites	Per Mast			25000
17.	Processing fee foradvertisement	Siting anddesign ofadvertisement	On roadreserve		As per the RoadsAct No.2 of 2007
			Within privateproperty		20,000 per annum
			Within publicland underCountyGovernment		20,000–one off forinstallation20,000–per annumstanding fee
			Hanging signs		3000 per squaremetre
			On buildings		3000 per squaremetre
			Type /Size insquare meters	Bill boards /Wall wraps
				First 3 squaremetres	15,000
				Additionalsquare metre	4,000 per squaremetre
				Multi directional signs
				First 3 squaremetres	5500
				Additionalsquare metre	2000 per squaremetre
				LED Screen
				First 3 squaremetres	13000 monthly
				Additionalsquare metre	1500 monthly persquare metre
18.	Processing fee for fibre optic cables		Length		100 per metre
	Appeal fees and Checking fees for Physical and Land Use Liaison Committee
19.	Appeals to County Physical andLand Use Planning LiaisonCommittee	Per application		-	2,000
20.	Obtaining extracts of registerfor appeals to County Physicaland Land Use Planning LiaisonCommittee	Per copy		-	500
21.	Obtaining copies of minutes ofthe County Physical and LandUse Planning LiaisonCommittee	Per page		-	50
22.	Amendment of appeal toCounty Physical and Land UsePlanning Liaison Committee	Per application		-	1,000
23.	Certification of copies ofminutes of County Physical andLand Use Planning LiaisonCommittee	Per set of minutes		-	500
24.	For attendance by any officer of the National Physical Planning Directorate at a place outside the office for a day or part thereof or absence from the office and the expenses incurred.	Per session		-	3000 plus transport as per AA Rates.
25.	For attendance by any officer of the National Physical Planning Directorate at a place outside the office for more than a day or absence from the office and the expenses incurred.	Per day		-	3000 plus transport as per AA Rates and Daily Subsistence Allowance as may be prescribed by the Salaries and Remuneration
26.	For professional advice on physical planning matters to a body corporate by any officer of the National Physical Planning Directorate.	Per hour		-	3000 per hour, the number of hours as may be assessed by the National Physical Planning Director.

▲ To the top

History of this document

25 April 2024 amendment not yet applied

Amended by Physical and Land Use Planning (Planning Fees) (Amendment) Regulations, 2024

19 January 2024 this version

Amended by Physical and Land Use Planning (Planning Fees)(Amendment) Regulations, 2023

31 December 2022

Revised by 24th Annual Supplement

Read this version

10 December 2021

Published in Kenya Gazette 253

Commenced

Cited documents 4

Act 4

1.	Land Act	3846 citations
2.	Public Finance Management Act	723 citations
3.	Access to Information Act	376 citations
4.	Kenya Roads Act	199 citations

The Physical and Land Use Planning (Planning Fees) Regulations

Legal Notice 243 of 2021

The Physical and Land Use Planning (Planning Fees) Regulations

Related documents

LAWS OF KENYA

PHYSICAL AND LAND USE PLANNING ACT

THE PHYSICAL AND LAND USE PLANNING (PLANNING FEES) REGULATIONS

LEGAL NOTICE 243 OF 2021

1. Citation

2. Interpretation

3. Object of the Regulations

4. Determination of planning fees

5. Planning fees of the National Government

6. Planning fees of County Governments

7. Waivers and variations

SCHEDULE [r. 5(2), L.N. 24/2024, r. 2.]

PLANNING FEES FOR PLANNING SERVICES OFFERED BY THE NATIONAL GOVERNMENT

TABLE 1

History of this document

25 April 2024 amendment not yet applied

19 January 2024 this version

31 December 2022

10 December 2021

Cited documents 4

Act 4

Documents citing this one 0

The Physical and Land Use Planning (Planning Fees) Regulations

Legal Notice 243 of 2021

The Physical and Land Use Planning (Planning Fees) Regulations

Related documents

LAWS OF KENYA

PHYSICAL AND LAND USE PLANNING ACT

THE PHYSICAL AND LAND USE PLANNING (PLANNING FEES) REGULATIONS

LEGAL NOTICE 243 OF 2021

1. Citation

2. Interpretation

3. Object of the Regulations

4. Determination of planning fees

5. Planning fees of the National Government

6. Planning fees of County Governments

7. Waivers and variations

SCHEDULE [r. 5(2), L.N. 24/2024, r. 2.]

PLANNING FEES FOR PLANNING SERVICES OFFERED BY THE NATIONAL GOVERNMENT

TABLE 1

History of this document

25 April 2024 amendment not yet applied

19 January 2024 this version

31 December 2022

10 December 2021

Related documents

Is amended by

Cited documents 4

Act 4

Documents citing this one 0