Law & Regulation
Physical and Land Use Planning Act, 2019
The Act provides Kenya's framework for national, inter-county, county and local physical and land-use planning and for development control. It connects spatial policy to project-level permission, enforcement and appeal processes.
Legal Significance
What This Instrument Does
It allocates planning responsibilities across levels of government, establishes forms of development plan, regulates applications for development permission, and provides enforcement and liaison/appeal mechanisms. Planning permission does not itself supply title, environmental approval or sector licensing.
Why It Matters
A project may control land but still lack permission for the proposed use or development. Location, zoning, density, access, environmental compatibility and public infrastructure requirements can determine feasibility and construction sequencing. The division of national and county functions also requires project-specific institutional mapping.
Key Provisions
- Planning institutions and functions
Allocates responsibilities among national and county planning bodies.
- National and inter-county planning
Coordinates spatial issues that cross local boundaries or carry national significance.
- County and local plans
Establish the spatial policy context against which development proposals are assessed.
- Special planning areas
Permits focused planning treatment where ordinary controls are inadequate.
- Development permission
Creates the principal approval gateway for material development or change of use.
- Application assessment
Enables consideration of plan conformity, infrastructure, amenity and relevant planning impacts.
- Conditions
Allows permission to control design, servicing, phasing or mitigation within lawful bounds.
- Public participation and notice
Supports involvement where the statutory process requires it.
- Subdivision and amalgamation
Regulates changes to parcel configuration relevant to project sites.
- Enforcement notices
Provides remedies for unauthorised development or breach of planning control.
- Appeal and liaison mechanisms
Offers a route to challenge or review specified planning decisions.
- Plan review and implementation
Recognises that spatial controls evolve and require current-plan verification.
When You Would Use This
Site selection
Zoning and permitting diligence
Development-permission applications
Master planning
Subdivision
Change of use
Challenge to conditions or enforcement
Coordination of planning with EIA and sector approvals
InfraLex Relevance
Primary / Framework for Land / Real Estate / Land Use in its planning dimension. Land-title statutes, EMCA and sector approvals are interfaces; approval under one framework should never be described as satisfying the others automatically.
Legal Framework Position
- Land / Real Estate / Land UsePrimary / Framework Instrument
Instrument Overview
- Official Citation
- Act No. 13 of 2019
- Instrument Type
- Law / Act
- Source Language
- English
- Last Verified
- 6 September 2026