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PROCEDURE IN CADASTRAL SURVEY

Source: Procedure in Cadastral Survey (LIS in Kenya, 2001)

Definition of terms

Subdivision-the division of any land, other than buildings held under single ownership, into two or more parts

Partition-

Amalgamation – this is the combining two or more adjoining parcels with different titles under single ownership into one title.

Reparcellation- this means the change of common/shared boundaries of two or more adjoining parcels.

Change of user- this meaning conversion of land use from one form to another. E.g. agricultural to commercial, residential to industrial etc.

Extension of user- this is the addition of a different land use on an existing land use. E.g. extension of user of residential use to include commercial.

Extension of lease- this is where a proprietor (lessee) applies for an extension of the period of an existing lease to the NLC (National Land Commission)

Renewal of lease- this is where a proprietor (lessee) applies for a renewal of an expired lease to the NLC (National Land Commission)

Building- means any structure or erection and any part of any structure or erection of any kind whatsoever whether permanent, temporary or movable, and whether completed or uncompleted

Steps in seeking planning permission for change/extension of user Subdivision/partition/amalgamation /reparcellation

1. Approach a physical planning consultant- member of KIP/TPCAK

A physical planning consultant is one who is registered to carry out physical planning assignments. They are registered with professional bodies such as -Kenya Institute of Planners, Town and County Planners Association of Kenya or Town Planning chapter of Architects Association of Kenya.

2. Site visit by the physical planner

Following agreements on the terms of reference and the proprietor’s proposal, the planner visits the site to assess the viability of the proposal with main considerations based on; suitability, legality, acceptability.

3. Preparation of planning briefs (scheme/location plans, land use details)

Following the site visit, the planner prepares a document (planning brief) which details the background information of the area and makes justification for the proposal using the various laws and circumstances. The attachments to this document should include; ownership documents, scheme/location plans for the site, land use/form details/plans for the site, public notices for the proposal (one on site, chief’s camp, 2 newspapers-1 English, 1 Swahili with nation-wide circulation- PPA2 cannot be issued before expiry of 14 days from the day of publishing), practicing certificates)

4. Submission to the county government- PPA1

Submission is done through the PPA1 form. The applicant submits the application (planning brief and PPA1 form) to the respective county government. The application is done having paid the requisite fees which varies from county and specific area/site and type of application.

NB: counties have their specific schedules of fees payable

       Counties require the proprietor to clear land rates first before processing of applications.

Circulation of the application should then be done by the county government to various departments key among them;

- Representative of the national director of surveys at the county level

- Representative of the national director of physical planning at the county level

- Land administration officer of the NLC and national government

- Land Control Board in case of agricultural land

5. Grant of approval/refusal/deferment of application  

Once the county government department of lands and physical planning has received the comments from various departments, they will assess the application and give feedback to the applicant using form PPA2 within 30 days from the day of submission of the application.

Approval- this is issued if the county has okayed the application. Approval may be granted with conditions.

Refusal- this is where planning permission has been declined. The grounds for rejection are stated in the specified form, PPA2. The applicant may appeal the decision to the relevant liaison committee, if aggrieved they can appeal to the national liaison committee and further to the High court of Kenya

Deferment- this is where planning permission is delayed to a later date. The reasons and period of such deferment are stated in the specified form, PPA2

If permission is granted, the process moves to the next stage.

6. (a) Old law

Freehold land- under the old law, a PPA2 issued on freehold land was sufficient.

Leasehold land-

i. file computations- in case of subdivision/amalgamation/partition/reparcellation

ii. Preparation of deed plans

iii. Preparation and issuance of new Title Deeds upon surrender the old title.

        

       (b) Land Regulations, 2017 -Legal notice 280 of The Land Act, 2012

These land regulations were enacted on 24th November 2017 and operationalized from 25th April 2018.

Freehold –

i. endorsement by Land Owner and Cabinet Secretary of Lands and Physical Planning through form LA 30

ii. Signature of chief land registrar on the endorsement form

iii. Registration of new user/subdivision/partition/amalgamation

iv. Issuance of new Title Deeds upon surrender of old title

Leasehold –

i. Endorsement by Land Owner and Cabinet Secretary of Lands and Physical Planning using form LA 30

ii. Resurvey and georeferencing of the parcel(s)- file computations, preparation of deed plans

iii. Revaluation- to determine rent payable and other requisite fees

iv. Preparation of approval letters & cadastral maps/plans (with conditions) for forwarding to      NLC

v. Preparation of new leases (by NLC) using form LA 29 to chief land registrar for registration

vi. Registration of the new leases

vii. Issuance of new lease certificates upon surrender of old lease certificates  

7. Compliance certificate

When all the conditions stated in the approvals have been met, the proprietor should seek to be issued a compliance certificate (PPA5 form)

SEEKING PLANNING PERMISSION

Planning permission is sought from the county governments. Planning permission is sought when a proprietor of a parcel of land wishes to carry out any of the following activities;

- Subdivision/partition/amalgamation /reparcellation

- Change/extension of user

- Extension/renewal of lease

- Building plan approval

Cadastral surveying is the sub-field of cadastre and surveying that specializes in the establishment and re-establishment of real property boundaries. It is an important component of the legal creation of properties

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