The Physical and Land Use Planning (Planning Fees) Regulations, Legal Notice no. 243 of 2021

SPECIAL ISSUE 1719 Kenya Gazette Supplement No. 216 26th November, 2021 (Legislative Supplement No. 97) LEGAL NOTICE NO. 243 THE PHYSICAL AND LAND USE PLANNING ACT (No. 13 of 2019) THE PHYSICAL AND LAND USE PLANNING (PLANNING FEES) REGULATIONS, 2021 ARRANGEMENT OF REGULATIONS Regulation 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. Kenya Subsidiary Legislation, 2021 1720 THE PHYSICAL AND LAND USE PLANNING ACT (No. 13 of 2019) IN EXERCISE of the powers conferred by section 90 of the Physical and Land Use Planning Act, 2019, the Cabinet Secretary for Lands and Physical Planning makes the following Regulations— THE PHYSICAL AND LAND USE PLANNING (PLANNING FEES) REGULATIONS, 2021 1. These Regulations may be cited as the Physical and Land Use Planning (Planning Fees) Regulations, 2021 Citation. 2. In these Regulations, unless the content otherwise requires— Interpretation. “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, 2012;; “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. The object of these Regulations is to provide for guidelines determining planning fees for services and processes under the Act. Object of the Regulations. 4. (1) In determining planning fees chargeable for planning services, the planning authority shall be guided by the— Determination of planning fees. (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, 2016. (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;; Kenya Subsidiary Legislation, 2021 1721 (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. (1) The national planning authority may impose planning fees for— Planning fees of the National Government. (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 Inter-­ County 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;; Kenya Subsidiary Legislation, 2021 1722 (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. A planning authority performing county government planning functions shall charge planning fees for— Planning fees of County Governments. (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. (1) Subject to paragraph (2), a waiver or variation of planning fees shall be granted in accordance with the Public Finance Management Act, 2012 and section 63. Waivers and variations. (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 Kenya Subsidiary Legislation, 2021 1723 easements on the land owner’s land under any written law. SCHEDULE TABLE 1 (r. 5(2)) PLANNING FEES FOR PLANNING SERVICES OFFERED BY THE NATIONAL GOVERNMENT 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 A0 3000 1000 1500 A1 2500 1200 1200 A2 2000 1000 1000 A3 1000 500 500 A4 500 200 200 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 Planning Committee Per copy 50 per page No charge 500 S/No. Item Description Unit of Measure Charges (KSh.) Processing of Development Applications 12. Application for Development Permission for National Per application 5000 Kenya Subsidiary Legislation, 2021 1724 S/No. Item Description Unit of Measure Charges (KSh.) Strategic projects 13. Site inspection fee Per visit within the locality Cities-­3,000Municipalities-­ 1,000 Towns, markets and other areas ­ 500 Special Economic Zone-­ 5000 Territorial Sea and Exclusive Economic Zone-­ 10,000 14. Certificate of compliance Per copy Cities-­2,000 Municipalities-­1,000 Towns, markets and other areas ­500 Special Economic Zone-­ 3000 Territorial Sea and Exclusive Economic 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 Liaison Committee Per application 2000 18. Amendment of appeal to National Physical and Land Use Planning Liaison Committee Per application 1000 19. Obtaining extracts of Register of appeals to the National Physical and 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 Use Planning Liaison Committee Per set of minutes 500 Kenya Subsidiary Legislation, 2021 1725 TABLE 2 (r. 6(2)) PLANNING FEES FOR PLANNING SERVICES OFFERED BY A COUNTY GOVERNMENT S/No. Item Description Unit of Measure/ Charge Paper Copy Electronic Copy Certification of 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 Not applicable 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 of Measure Sub-Units Charges (KSh.) Acquiring Forms and Certificates for Development Permission 7. Application for Development Permission (Form PLUPA/DC/1…..) Per Form -­ 1000 8. Submission Certificate (Form PLUPA….) Per application 1000 9. Certificate of compliance Per application Cities-­2,000 Municipalities-­ 1,500 Towns, markets and other areas -­1000 10. Certificate of occupation Per application Cities-­3,000 Municipalities-­ 2,000 Kenya Subsidiary Legislation, 2021 1726 Towns and other areas -­1000 Processing Development Applications 11. Site inspection fee Per visit Cities-­4,000 Municipalities-­ 3,000 Towns, markets and other 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 square metre 14. Processing fee for perimeter wall Type of material Stone 100 per linear meter Electric Wooded 50 per linear meter Chain link Iron sheets Barbed wire/razor wire 15. Processing fee for change of user /extension of user User 5000 16. Processing fee for communication masts e.g Base Transmission Stations, radio and television frequency transmission sites Per Mast 25000 17. Processing fee for advertisement Siting and design of advertisement On road reserve As per the Roads Act No.2 of 2007 Within private property 20,000 per annum Within public land under County Government 20,000 –one off for installation 20,000–per annum standing fee Hanging signs 3000 per square metre On buildings 3000 per square metre Type /Size in square meters Bill boards /Wall wraps First 3 square metres 15,000 Additional square metre 4,000 per square metre Multi directional signs Kenya Subsidiary Legislation, 2021 1727 First 3 square metres 5500 Additional square metre 2000 per square metre LED Screen First 3 square metres 13000 monthly Additional square metre 1500 monthly per square 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 and Land Use Planning Liaison Committee Per application ­ 2,000 20. Obtaining extracts of register for appeals to County Physical and Land Use Planning Liaison Committee Per copy -­ 500 21. Obtaining copies of minutes of the County Physical and Land Use Planning Liaison Committee Per page -­ 50 22. Amendment of appeal to County Physical and Land Use Planning Liaison Committee Per application ­ 1,000 23. Certification of copies of minutes of County Physical and Land Use Planning Liaison Committee Per set of minutes ­ 500 Made on the 15th November, 2021. FARIDA KARONEY, Cabinet Secretary for Lands and Physical Planning. LEGAL NOTICE NO. 244 THE PHYSICAL AND LAND USE PLANNING ACT (No. 13 of 2019) THE PHYSICAL AND LAND USE PLANNING (INTER– COUNTY PHYSICAL AND LAND USE DEVELOPMENT) REGULATIONS, 2021 ARRANGEMENT OF REGULATIONS Regulation 1—Citation 2—Interpretation