Building approvals in Kenya: what to check before you build

Start with the county where the site is located

The relevant county government handles development permission for a site in its area. The Physical and Land Use Planning Act says development should not be carried out without permission from the respective county authority. Confirm the current application process, required forms, fees, and submission checklist directly with that county.

The county and the relevant agencies assess the proposed development against planning and other applicable requirements. Where an application is incomplete or clarification is needed, responding promptly with coordinated information can help avoid repeat submissions.

• Ask the county which portal or office handles the application and whether an appointment or pre-application discussion is available.
• Confirm the current fees and payment instructions from the county itself; do not rely on an old quotation or third-party fee list.
• Ask how the county will communicate comments, conditions, and the final decision, and how you can verify approval status.

Use properly qualified professionals

The Act requires documents and plans submitted for development permission to be prepared by relevant qualified, registered, and licensed professionals. Ask your design team who is responsible for each drawing and verify their current credentials with their regulator.

Drawings should be coordinated across the project team. For example, architectural layouts, structural information, and building-services routes need to describe the same building so that conflicts are found before site work.

• Confirm that the drawing set is complete for the application and carries the correct project name, site details, dates, and revision references.
• Make sure the professionals responsible for the documents authenticate them as required by the applicable process.
• Avoid submitting an early concept drawing as if it were the coordinated technical or approval set.

Expect project-specific supporting documents

The county may require site and ownership information, architectural and structural drawings, application forms, and comments from relevant agencies. The exact checklist depends on the county, site, and type of development, so use the current checklist provided for your project rather than relying on a generic online list.

• Prepare a folder with ownership and survey information, the application receipt, submitted drawings, and correspondence.
• Track every comment or request for information, who is responding, and the date the response was submitted.
• Before resubmitting, ask the design team to update and coordinate all affected sheets, not only the page mentioned in the comment.

Check whether other approvals apply

Some projects may require additional approvals from agencies such as NEMA or other regulators. NEMA explains that projects requiring environmental impact assessment approval must obtain the relevant licence before implementation. Ask your team to identify these requirements early; they depend on the project and its potential impacts.

NEMA describes an environmental process that may begin with a project report for screening; depending on the Authority’s decision, further study may be required. A qualified NEMA-registered expert can advise on the correct route for a particular proposal. Do not assume every project follows the same EIA path.

• Discuss the site’s drainage, nearby water bodies, trees or sensitive habitats, traffic, noise, and effects on neighbours with your project team.
• Ask which other agencies need to review the project and whether their approval must be obtained before construction.
• Allow time in the programme for reviews, public participation, revisions, and conditions where these apply.

Remember NCA project registration

NCA states that the developer or owner is responsible for registering a construction project. Its current guidance says an application should be made within 30 days after a construction tender or contract is awarded, and lists supporting requirements including county approvals, licensed project professionals and contractor, and other applicable statutory approvals.

The NCA checklist also refers to approved architectural and structural drawings, physical-planning approvals, a signed BOQ summary, the developer’s KRA PIN, the signed contractor agreement, and consultant supervision commitments. Use the Authority’s live checklist because requirements can change and project circumstances differ.

• Agree with the contractor and consultants who will prepare each item, while keeping responsibility for owner/developer registration clear.
• Check that the contractor and relevant consultants hold valid current licences before submitting supporting details.
• Save the application reference, uploaded documents, and compliance certificate with the project records.

Keep written proof

Keep copies of approved drawings, conditions, receipts, correspondence, and licences. If a design changes, ask your professionals and county whether the change needs a revised approval before the work is carried out.

• Maintain a simple approval register: authority, submission date, reference number, status, conditions, and renewal or follow-up dates.
• Keep the approved drawing revision available to the site team and clearly mark superseded copies so they are not used accidentally.
• If the project scope changes materially, ask the responsible professionals which approvals or registrations must be updated.