Requirements for Land Subdivision

Land subdivision in Kenya involves various requirements to ensure the process adheres to legal and regulatory standards. Below is a detailed list of the necessary documents and approvals needed for land subdivision:

1. Proof of Official Title Deed Search

   Conduct an official title deed search at the local land registry to verify ownership and check for any encumbrances or restrictions on the land. This usually involves providing:

   • A copy of the national identity card.
   • A copy of the KRA PIN card.
   • The title deed number.

2. Consent to Subdivide the Land from the Land Control Board

   Obtain consent from the local Land Control Board. This involves:

   • Booking a meeting with the board.
   • Presenting the reasons for subdivision.
   • Attending the meeting with your spouse if applicable.

3. A Triplicate Filled PPA 1 Form from the County Offices

   Fill out the PPA 1 form in triplicate, which is obtained from the County offices. This form is part of the planning application process.

4. A Well-Drawn Scheme Showing the Proposed Subdivision

   Provide a detailed subdivision scheme that includes:

   • The layout of the proposed subdivision.
   • Access roads.
   • Plans for waste and surface water disposal.

5. Signed Planning Brief from the Physical Planner

   Engage a registered physical planner to prepare and sign a planning brief. This brief outlines the details of the subdivision plan and ensures it complies with planning regulations.

6. Title Deed of the Land

   Submit the original title deed of the land to be subdivided as proof of ownership.

7. A Well-Drawn Location Map of the Property

   Provide a detailed location map of the property, showing its position relative to surrounding landmarks and infrastructure.

8. Payment Receipts for Subdivision Application and Land Rates:

   Pay the required fees for the subdivision application and any outstanding land rates. Ensure you have:

   • Receipt of payment for the application fee (e.g., Ksh 1,000 for the PPA 1 form).
   • Receipts for any land rates paid to date.

Land Subdivision Cost

• The PPA 1 form costs Ksh 1,000 across all county governments.
• The overall cost of the subdivision process varies depending on the size and location of the land and town or municipality of the property.

Step-by-Step Procedure for Subdividing Land

1. Check for Restrictions

   • Conduct a title deed search at the local land registry to ensure there are no caveats or restrictions.
   • Title deed search costs vary from  Ksh 550 to 3000 depending on various counties’.

2. Evaluate the Market

   • Analyze the market to understand the demand and pricing if the land is to be sold.
   • For gifting or family division, market evaluation is not necessary.

3. Consult Local Planning Officer

   • Meet with the local planning officer to confirm if the land is eligible for subdivision and free of restrictions.

4. Identify a Physical Planner

   • Engage a registered physical planner from the Kenya Institute of Planners.
   • The planner assists in creating a subdivision plan and advising on necessary utilities.

5. Choose a Surveyor

   • Hire a registered surveyor from the Institute of Kenya Surveyors.
   • Survey costs range from Ksh 3,000 to Ksh 100,000.
   • The surveyor identifies property boundaries and advises on the subdivision process.

6. Draft the Land Subdivision Plan/Map

   • Work with the physical planner and

     

     surveyor to draft a detailed subdivision map.

   • Ensure the map includes all necessary details for the local government’s review.

7. Submit Application

   • Fill the PPA1 form, pay the application fee, and attach the payment receipt, subdivision map, and title deed.
   • Submit the application to the local government.

8. Receive Response

   • The planning board’s response time varies by location. Some may require public participation, which can extend the timeline.

9. Apply for New Title Deeds

   • Once subdivision is approved, apply for individual title deeds for each subdivided plot from the Ministry of Land.

Properties That Cannot Be Subdivided

1. Properties used as collateral for loans.
2. Properties with a caveat preventing any action.
3. Properties involved in unresolved court cases.

Tax Payment for Subdivided Land

• If the landowner retains ownership, no tax is due.
• If the subdivided land is sold for profit, the seller must pay capital gains tax

Reasons for Subdividing Land

1. Sharing Among Family Members

   Parents or guardians often subdivide their land to distribute it among their children or beneficiaries. This practice ensures that each family member has their own parcel of land, facilitating equitable inheritance and potentially reducing family disputes.

2. Gifting

   Landowners may subdivide their property to gift portions to friends, religious centers, or organizations. This can be a generous act of charity or support, helping recipients establish a presence or carry out their activities.

3. Selling for Profits

   Some landowners subdivide their land to sell portions for financial reasons. This can help cover significant expenses such as hospital bills, legal fees, or educational costs. Selling smaller parcels is often easier and more profitable than selling a large tract.

4. Real Estate Development

   Developers often subdivide land to increase its market value and appeal. Smaller, well-planned plots can attract buyers looking for residential or commercial properties, thereby enhancing the overall value of the development.

5. Developing Remaining Land

   After selling a portion of the subdivided land, the proceeds can be used to develop the remaining land. This might include building residential houses, commercial buildings, or infrastructure improvements, thus increasing the land’s value and usability.

Requirements for Land Subdivision

1. Proof of Official Title Deed Search

   Conduct an official title deed search to verify ownership and check for any restrictions or encumbrances on the land.

2. Consent from Land Control Board

   Obtain consent to subdivide the land from the local Land Control Board, ensuring that the subdivision complies with local regulations and community interests.

3. PPA 1 Form

   Fill out the PPA 1 form, which outlines the proposed subdivision. This form is obtained from County offices.

4. Subdivision Scheme

   Prepare a detailed scheme showing the proposed subdivision. This includes plans for access, waste disposal, and water management.

5. Planning Brief

   Obtain a signed planning brief from a registered physical planner, outlining the feasibility and planning considerations for the subdivision.

6. Title Deed

   Present the original title deed of the land being subdivided.

7. Location Map

   Provide a well-drawn location map of the property, indicating its geographical context and boundaries.

8. Payment Receipts

   Submit payment receipts for the application of subdivision and any outstanding land rates.

Land Subdivision Cost

• The cost for the PPA 1 form is Ksh 1,000 in all county governments.
• Overall costs vary depending on factors such as the size and location of the land, the complexity of the subdivision, and the professional fees for planners and surveyors.

Properties That Cannot Be Subdivided

1. Collateral Properties

   Properties used as collateral for loans cannot be subdivided until the loan is fully repaid.

2. Properties with Caveats

   Properties with legal restrictions (caveats) preventing any action cannot be subdivided.

3. Properties with Ongoing Court Cases

   Properties involved in unresolved court cases cannot be subdivided until legal matters are settled.

For more information, call/chat with one of our consultants.