Process of building Approval in Kenya

The Building Approval Process in Kenya: A Complete Guide for All 47 Counties

Building approval in Kenya is a devolved function, meaning each of the 47 counties runs its own planning department, fee structure and, increasingly, its own digital platform. Each county has its own set of rules, regulations and processes for approvals, so the specific requirements, procedures and fees can differ from one county to another. Even so, the overall framework, legal requirements and required documents are broadly similar nationwide. This guide expands on the standard process, lists the documents you'll need and covers how approval works across all 47 counties.

Legal Framework Governing Building Approvals

• Physical and Land Use Planning Act, 2019 (PLUPA): The primary law governing development permissions, zoning and land use control nationwide.
• Kenya Building Code / National Building Regulations: Sets construction, safety and structural standards.
• National Construction Authority (NCA) Act: Requires registration of construction projects and licensing of contractors.
• National Environment Management Authority (NEMA) requirements: Mandates a Project Report or full Environmental Impact Assessment (EIA) for projects with potential environmental impact.
• County Government Act and individual County Finance Acts: Set out county-specific fees, permit validity periods and administrative procedures.

Documents Required for Building Approval

While exact requirements vary slightly by county and project type, most applications across Kenya require the following:

• Proof of ownership: Title deed, lease or allotment letter.
• Official land search: A current search from the Ministry of Lands confirming ownership and any encumbrances.
• Land rates clearance certificate: Issued by the relevant county government.
• Survey plan/RIM (Registry Index Map): Obtained from a licensed surveyor or Survey of Kenya.
• Architectural drawings: Site plan, floor plans, elevations, sections, roof plan and drainage layout, stamped and signed by a registered architect.
• Structural drawings and calculations: Prepared, stamped and signed by a registered structural engineer.
• Declaration of Undertaking and Indemnity Form: Signed by the architect and structural engineer.
• NEMA Project Report or EIA licence: Required for projects with environmental implications.
• NCA project registration certificate: A registered and practising physical planner submits the planning permit application, while a registered and practising architect submits both the architectural and structural drawings for the building permit on behalf of the developer.
• Professional practising licenses: Current licences for the architect, engineer and surveyor involved.
• Certificate of incorporation and KRA PIN: Required where the developer is a company rather than an individual.
• Copy of national ID/passport: For the property owner or authorized applicant.
• Completed county application forms: Such as Form PPA1 (planning) and the building permit application form.
• Proof of payment of application and processing fees.

Additional permits may be required for special cases, such as developments near gazetted protected areas, airports or railways, projects that contravene existing zoning, and projects involving foreign contractors or public-private partnerships.

Step-by-Step Building Approval Process

1. Pre-Application Consultation

Before you start building, get an idea of the zoning and building code requirements for your area. Visit the county's planning and development office, or consult an architect or engineer who can confirm what applies to your specific plot.

2. Engage Registered Professionals

Appoint a registered architect, structural engineer and, where needed, a physical planner. Only registered professionals can prepare, stamp and submit the drawings and forms that counties require.

3. Prepare and Submit the Application

Your application will typically include a detailed description of your project, architectural and structural drawings, site plans, and supporting documents and permits. Depending on the county, this is submitted online through a digital portal or physically at the county planning office.

4. Technical Review

The planning department circulates the application to relevant technical committees, covering planning, public health, engineering, fire safety and environment, to confirm compliance with building codes and zoning regulations. Amendments or clarifications may be requested at this stage.

5. Payment of Fees

Once the application passes initial review, the county issues an invoice based on floor area, estimated construction cost and its own fee schedule. Payment must be made before the process moves forward.

6. Approval and Permit Issuance

If the application is approved, the drawings are stamped, and you receive a building permit, allowing construction to begin. Permits are typically valid for 2 to 5 years, depending on the county.

7. NCA Project Registration

Before breaking ground, register the project with the National Construction Authority and pay the required levy (0.5% of the project cost). The NCA will also visit the construction site to confirm the project follows the approved plans and NEMA rules, then issue an invoice, after which payment earns a Provisional Certificate of Compliance valid for 90 days.

8. Building Inspections

During construction, the county conducts regular inspections at key stages (foundation, structural framework, roofing, and so on) to confirm the work matches the approved plans. Any issues found must be corrected before construction can continue.

9. Final Inspection and Occupation Certificate

Upon completion, a final multi-agency inspection is carried out. Once the building passes, you receive a certificate of occupancy, which is required before the building can legally be occupied, rented or sold.

Digital vs Manual: How the Process Varies by County

Nairobi, Kiambu and Mombasa are among the counties that have adopted eDAMS (electronic Development Application Management Systems), where the architect initiates the application online and submits digital building plans for review. Nairobi runs a fully online e-permit system where applicants upload plans, pay fees and track progress digitally, with weekly approvals published on the county portal for transparency, while Kiambu supports both online and manual submissions and requires land rates to be cleared before permits are processed. Mombasa and Kisumu still handle most applications manually through hard copies submitted to the county planning office, though both are gradually moving toward digital submission. Most of the remaining counties continue to process building approvals manually through their respective physical planning departments, though this is expected to change as more counties digitize.

Building Approval Authorities in All 47 Counties

Regardless of the county, the responsible office is generally the County Department of Lands, Physical Planning and Urban Development (naming may vary slightly by county). Below is the full list of Kenya's 47 counties. Always confirm the current system, fees and specific requirements with your county office, since these evolve frequently.

Region
Counties




Nairobi
Nairobi City (digital – eDevelopment Permit System)


Central
Kiambu (digital & manual – eDAMS), Murang'a, Nyeri, Kirinyaga, Nyandarua


Coast
Mombasa (digital – e-CP/eDAMS), Kwale, Kilifi, Tana River, Lamu, Taita-Taveta


Eastern
Machakos, Kitui, Makueni, Embu, Meru, Tharaka-Nithi, Isiolo, Marsabit


North Eastern
Garissa, Wajir, Mandera


Rift Valley
Nakuru, Uasin Gishu, Turkana, West Pokot, Samburu, Trans Nzoia, Elgeyo-Marakwet, Nandi, Baringo, Laikipia, Narok, Kajiado, Kericho, Bomet


Western
Kakamega, Vihiga, Bungoma, Busia


Nyanza
Kisumu (transitioning to digital), Siaya, Homa Bay, Migori, Kisii, Nyamira

Whichever county you are building in, the underlying steps remain the same: consult early, engage registered professionals, submit a complete application with all required documents, pay the applicable fees, pass inspections and secure your occupation certificate before moving in.

Common Challenges to Avoid

• Submitting incomplete applications or unsigned/unstamped drawings.
• Ignoring zoning requirements or building without confirming a Change of User where needed.
• Skipping NEMA or NCA registration.
• Failing to clear land rates before applying.
• Not budgeting for professional fees, county fees and possible delays.
• Starting construction before the permit is issued.

It's important to note that the specific requirements and steps involved in building approval may vary depending on the location and type of building, as well as county policies and regulations. It's always best to consult with the local county government and a professional architect or engineer to ensure that you follow all necessary steps and requirements.

For professional architectural and structural design services that comply with your county's building approval requirements, visit earchdesigners.co.ke.