CITY PLANNING DEPARTMENT
DEVELOPMENT
APPLICATIONS AWARENESS GUIDE
January 2010
1. What is Development?
Development is a very broad term that encompasses activities that result in a
change of density, construction or addition to or alteration to a building or to the
subdivision of a parcel of land. The information that the city council of Nairobi
requires in a development application varies with the intended development.
2. Why Should I Make A Development Application?
Planning Laws require that any person intending to undertake any form of
development must first obtain approval from the local Authority. It is therefore
lawful to make an application. Penalties for non compliance are immense.
Secondly, making an application will ensure the orderly, secure and healthy
development of our neighbourhoods.
Thirdly, development applications are a source of revenue continued giving
services to the residents.
3. About The Development Application Guide
This guide informs you in simple language how to prepare the plans and other
supporting documents for your development application.
Use the guide as a checklist. This will help you provide all the required
information to support your application so we can deal with your application
without delay.
The City Council cannot accept applications which do not include all the require
plans and supporting documents.
4. How to Find Out More
Most questions about making a development application can be answered
simply by referring to this guide.
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However, if you still have questions that are not answered by this guide, do not
hesitate to contact city councils City Planning Department. You can phone us
or call in personally or simply email your enquiry.
We recommend that you discuss your development proposal with one of our
technical officers before submitting a development application. We are always
happy to arrange interviews; but please phone (020) 224281 extension 4013 for
an appointment.
5. Do I Need To Make A Development Application?
Most types of development require a development application. However, there
are several exceptions. Enquire about Councils requirements for exempt and
complying development.
Types of development that need a development application include:
i. New buildings;
ii. Alterations and additions to existing buildings;
iii. Most types of change-of-use of existing building or premises;
iv. Demolition of dwellings,
v. Subdivision of land
vi. Outdoor Advertising and signage;
vii. Earthworks, filling and clearing; and
viii. Regularization of existing developments
If you are taking over an existing business, its a good idea to check with us to
see if the business has a valid development application and occupation
certificate; it may be possible to regularize an existing unauthorized
development.
If you are unsure whether you need to make a development application
purposes, please contact Councils City Planning Department.
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6. What Documents Do I Need
The councils checklists will assist you in providing accurate, detailed
information to ensure a development application is processed as quickly and
smoothly as possible. To find the checklist which relates to your proposed
development, simply choose the most relevant category and the most
appropriate checklist in that section will be availed to you. The following are the
checklist categories to choose from.
i. New buildings;
a) Residential class;
b) Public class;
c) Warehouse class;
ii. Alterations and additions;
iii. Regularization of existing developments.
iv. Demolitions;
v. subdivision / amalgamations;
vi. change/extensions-of-use; and
vii. Outdoor advertising and signage.
The following are common requirements in all applications:
i. The proposed development;
ii. A survey plan from Survey of Kenya (in the absence of an approved
survey a beacon certificate duly signed by a Licensed Surveyor);
iii. Ownership documents; and
iv. Up-to-date rates payment receipts.
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7. How Do I Make A Development Application?
To make a development application, follow these 5 steps:
STEP 1: Enquire with the City Planning Department about Councils Local
Physical Development Plans (LPDP), planning policies and zoning
requirements, and by-laws (see separate document titled A guide Of
Nairobi City Development Ordinances and Zones)
STEP 2: Consider all the design issues. (From the check list on page 4
items (i) to (iv) are submitted by a registered and practising architect while
items (v) to (vii) are submitted by a registered and practising physical
planner.
STEP 3: (Architect/Planner) to prepare plans and drawings
STEP 4: (Architect/Planner) to compile drawings/briefs and support
documents for submission;
STEP 5: Follow the submission procedures as advised.
7.1. STEP 1: Familiarise Yourself with Policies By-Laws and
Zoning Requirements
Finding out about the Councils requirements is the first step in
preparing your application. You need to know about:
i. Development Control Zones;
ii. Design Principles and Guidelines;
iii. Relevant building regulations;
iv. Planning council policies; and
v. Likely conditions of approval.
You will save time and expense by downloading A guide Of Nairobi
City Development Ordinances and Zones. For further clarification our
staff can answer most enquiries over the counter or over the phone. If
you would like us to respond to a specific proposal, we suggest that
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you phone (020) 224281 extension 4013 for an appointment. We will
arrange a meeting with the technical officer/s responsible for your
locality. Please send us a sketch plan in advance to illustrate your
ideas. This will focus the discussion and allow us to give a more
detailed response.
7.1.1. Need Other Approvals?
You may also need to be aware that your proposal may require an
approval from other government agencies. There are agencies that
have additional approval requirements. Please ascertain which other
approvals are required. Some Agencies from which you may need to
obtain approvals include:
i. National Environment Management Authority (NEMA);
ii. Kenya Airports Authority (KAA);
iii. Ministry of Sanitation and Public Health;
iv. Kenya Wildlife Service (KWS);
v. Kenya Railways (KR); and
vi. Nairobi City Water and Sewerage Company (NCWSC).
It is recommended that you consult with relevant approval bodies as
early as possible.
Certain types of proposals may also require separate approval under
other Acts of Parliament. Such approvals include proposals that may
need additional approvals that may include:
i. Structure or places of public entertainment;
ii. Water supply, sewerage and storm water drainage work;
iii. Community land;
iv. Public roads; and
v. Other public space activities
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7.2. STEP 2: Consider All the Design Issues
By making careful analysis of all the design issues, you will certainly
get a better development proposal. Here are just some of the things
to consider:
7.2.1. Councils requirements
The Council aims to guide development in the interests of the whole
community/neighbourhood. This is done through implementing the
local physical development plans (LPDPs), by-laws and related policy
documents. Each policy document contains requirements in the form
of guidelines and/or objectives. These are geared to minimize
adverse impacts and maximize positive benefits for the community.
7.2.2. The site and neighbouring properties
The site of your development proposal has inherent constraints and
opportunities. Always consider the likely impact on neighbours! Its
possible to avoid unnecessary conflicts and delays by consulting with
neighbours before finalizing your design. It is council policy to notify
affected neighbours about development applications.
7.2.3. Consultants
The Council encourages applicants to consider using a suitable
design professional such as architect (for building plans), physical
planner (for change of use, subdivisions, extension of lease, outdoor
advertisement etc), engineer or environmental expert (for
environmental impact assessment, audit etc). In all these
submissions no consent will be given where professionals are not
involved.
7.3. STEP 3: Your Plans and Drawings
Discuss your plan with your consultant. The type of plans required will
vary depending on the type of development. To find out which plans
are required for your proposal, simply refer to the plans matrix below.
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If your proposal is not covered by any of the development types at the
left of the Plans Matrix, ask at the Planning Department.
THE PLAN MATRIX
Submission by
A - Architect
P - Planner
Planning
Brief
Plans &
elevations
Location
and site
plan
Pictorial
illustration
New Domestic Class
Buildings
New Public Class
Buildings
New Warehouse Class
Buildings
A no yes yes optional
Alterations & extension A no yes yes optional
Demolition of Building A no yes yes no
Swimming pool A no yes yes optional
Change of use P yes no yes no
Extension of use P yes no yes no
Extension of lease P yes no yes no
Subdivision of land P yes no yes no
Amalgamation of land P yes no yes no
Advertising /signage P yes yes yes yes
7.4. STEP 4: Making Development Submissions
All submissions either by a planner or architect must be accompanied
by supporting documents that include copy of ownership documents
(certificate of lease, title deed, registered sale agreement etc). There
are specific application forms for every type of submission (Buildings
Submission form for Architects and form PPA1 for Planners)
To help you prepare your development submission, use the following
checklist. Include all the listed matters that are relevant to your
proposal.
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7.4.1. New Building Plans
These plans document the proposed development. Draw the details
at a standard scale such as 1:100, 1: 200 or 1:500. Plans and
drawings describing the proposed development must indicate (where
relevant);
The location of proposed new buildings or works (including
extensions or additions to existing buildings or works) in
relation to the lands boundaries and adjoining development;
Floor plans of proposed buildings showing layout, partitioning,
room sizes and intended uses of each part of the building;
Elevations and sections showing the proposed external
finishes and heights;
Proposed finished levels of the land in relation to building and
roads;
Proposed parking arrangements, entry and exit points for
vehicles, and provision for movement of vehicles within the site
(including dimensions);
Proposed methods of draining the land;
The height and external configuration of proposed buildings in
relation to the site on which it is to be erected
Site and location plan to include: The location, boundary
dimensions, uses of existing buildings site area and north point
of land;
For major proposals, sites with special significance, prepare a
perspective drawing, artists impression or architectural model to
supplement the elevations.
7.4.2. Regularisation of Existing Buildings
These plans document the existing development. The format of
submission is similar to new building plans but have to be
accompanied by:
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Architects report; and
Structural Engineers report on workmanship.
7.4.3. Occupation Certificate
This certificate is issued to completed developments that have
complied to all approval conditions and have undergone the regular
inspections at the required stages. The application has to be
accompanied by:
Copy of approved building plans;
Copy of approved structural plans;
Structural Engineers indemnity form;
Architects report;
Plumbers certificate; and
Kenya Bureau of Statistics form duly filled.
7.4.4. Hoarding Application
Hoarding is the temporary protection walling around a construction
site usually mounted using corrugated iron sheets. The application
accompanied with a simple sketch showing plan, section and
elevations is lodged after the building plans are approved.
7.4.5. Structural Drawings
All drawings submitted with a condition to submit structural drawings
have to comply by submitting the following:
Two copies of structural drawings;
A schedule of calculations; and
One copy of the approved architectural drawings.
7.4.6. Subdivision Plans
This plan illustrates the proposed subdivision layout. Draw the plan to
a standard scale such as 1:200 or 1:500, or a higher scale for large
comprehensive schemes and show the following details.
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Existing boundaries and the dimensions;
Proposed subplots and their dimensions (meters);
Proposed subplot areas (hectares);
Proposed roads and footpaths (indicate respective width);
Relationship to existing roads and neighbouring parcels;
Proposed easement and rights of way (way leaves for power
lines, sewer mains, railway lines, water/fuel pipe lines etc);
Proposed public utility parcels;
Topography/terrain by way of contours
Location plan
7.4.7. Change/extension of User
The process for change/extension of user requires the following
processes:
Advertisement notice of intention to change user in two local
dailies and at the development site. This is given a 14-day
response/no objection period.
After the 14-day lapse, submission of the planning brief
outlining the following:
general location setting;
Infrastructure services and scope of future developments;
Traffic generation and management;
Research on development trends;
General environmental impact and implications (Note a
separate and independent Environmental Impact
Assessment (EIA) report will also be required)
J ustification and efficacy of proposal
7.4.8. Outdoor Advertisements
Outdoor advertising is largely associated with large billboards
advertising products and services. However, in its broadest
interpretation, outdoor advertising includes all signs erected and
displayed out of doors for the purpose of providing information.
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The process for outdoor advertising application requires the following:
A planning brief giving a broad framework of the proposal
in line with the approved control guidelines (these are
available in the Urban Design and Development section);
A photographic simulation of the proposal illustrating the
anticipated visual impact and appearance in terms of
surrounding character and function;
A site plan showing every building on the site and the
position with dimensions of the sign or advertising in
relation to the boundaries of the site and the location of the
streets and buildings on properties abutting the site;
Consent or legal agreement between the structure owner
and registered land owner;
7.4.9. Signage
Signage in its strict interpretation is limited to signs that make known
place names, notice of events, public safety notices, traffic
control/warning signs and directional information.
The process for outdoor advertising application requires the following:
a drawing sufficient to enable the Council to consider the
appearance of the signage and all relevant construction detail;
If a sign is to be attached to or displayed on the facade of a
building, the submission of an additional drawing showing an
elevation of the building;
A photograph of the site or building showing the location of the
proposed sign; adjacent sites or buildings showing the
relationship of the proposed sign to existing signs.
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8. Where to Lodge Your Application
Office to lodge applications Locality
All building Plans Development Control Section City Hall Annexe 1
st
Floor
Change of use Policy Implementation Section City Hall 2
nd
Floor
Extension of use Policy Implementation Section City Hall 2
nd
Floor
Extension of lease Policy Implementation Section City Hall 2
nd
Floor
Subdivision of land Policy Implementation Section City Hall 2
nd
Floor
Amalgamation of land Policy Implementation Section City Hall 2
nd
Floor
Advertising /signage Urban Design & Development Section City Hall Annexe 4
th
Floor
9. How to Pay Your Application Fees
Cash: Only for applications lodged in person over the counter. You can pay
by cash between 8.30am to 4pm Monday to Friday (excluding public
holidays).in the Councils banking Hall.
Cheque: Make Bankers cheque payable to Nairobi City Council for the full
fees.
A schedule of the current approved fees and charges is attached to this
guide. What Happens After I Lodge My Application?
9.1. Acknowledgement
Council will acknowledge receipt of your application. You will receive a receipt
specifying the amount of fees paid and the registered plan or application
number.
9.2. If Council needs more details
Council may need further details about your application. If so, we will request
this by writing comments or by telephone, or e-mail as soon as possible after
receiving your application. A letter will be sent confirming any request made by
telephone.
9.3. Public Notification and dispute resolution
Most development applications are publicly notified to enable interested
persons to submit comments to the Council. The notification period is 14 days.
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Council officers will seek to resolve any conflicts between the applicant and the
objectors before the application is determined by Council.
9.4. Enquiring about your application
If you would like to find out how your application is progressing, you can
telephone Council for details and discuss with the officer who is dealing with
your application. Council will advise you of that officers name and direct phone
number when your application is acknowledged. You can assist staff by quoting
the plan number in all enquiries.
9.5. If there is a delay
The planning laws give you certain rights if there is undue delay (more than
thirty days) in the determination of your development application contact the
officer dealing with your application for further information.
9.6. Notice of Councils Determination
After your application has been you will receive a notice of Determination of
Development Application. The notice will tell you whether your application has
been approved unconditionally, approved with conditions or refused.
9.7. Your Development
If your development application is approved, then you must ensure that the
development is carried out in accordance with any relevant consent conditions.
PLEASE READ ALL CONDITIONS CAREFULLY AND SEEK CLARIFICATION
IF NECESSARY.
In general, you cannot alter or vary the development, unless you seek and
obtain approval for amendments.
9.8. Other approvals
In many instances, development requires an approval or license from another
government agency. It is your responsibility to obtain these approvals before
you commence the development.
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