Step by Step Guide to Subdvision of Land in Kenya

Agnetah Muli
LL. B, KSL Dip.

What is Subdivision?

The process of subdivision involves the division of land into two or more parcels. The purpose is to split a parcel of land into smaller ones either for resale, for purposes of inheritance, for easy development or if one wishes to maximize on the available space.

What is the step by step procedure of land subdivision in Kenya?

The process starts with a surveyor. An Applicant may hire a licensed surveyor to create a detailed subdivision scheme, which must be signed by a registered physical planner with a valid practicing certificate. The Physical planner then gives a Physical Planning Act form commonly known as PPA 1 Form.

Approval from the County government
Thereafter, the Surveyor submits the subdivision scheme to county government offices for review and approval, considering zoning compliance, road alignment, water reserves, environmental considerations, and social amenities.

The County Government approves land subdivision based on surveyed plots after approving the subdivision report. This follows issuance of a PP2 Form approving the subdivision of the land as per the surveyed plots.

Approval from Central Registry

Where applicable, the approved survey plan is submitted to the Central Registry for further approval by the Land Administrator, after approval by County Government offices.

Director of surveys approval

The next step is for the Director of Surveys to check the survey plan for accuracy, ensuring it complies with the Land Control Regulations.

Land control Board Consent

After issuance of the PP2 forms, a meeting with the Land Control Board is set up for consideration of the subdivision.
The Registered Surveyor presents the Subdivision scheme details, Title Search, PPA1 and PPA2 forms to the Land Control Board for review and approval. It is important to note that the board meeting occurs once every month.
The Applicant and surveyor may sign the Mutation Form, search document, Land Control Board consent, PPA1 and PPA2 forms, and deposit at Survey offices for subdivided plot allocation.

Registration of new titles

Once subdivision is approved, the surveyor prepares new title deeds for each subdivision plot and registers the same at the County registry.
One of the commonly asked questions is whether there are properties that cannot be sub-divided?
The answer is Yes.

•  A property that is collateral for a loan in a financial institution may not be subdivided.
•  The same case applies to a property with a caveat on it to prevent any action on the property.
•  Finally, a property with a Court case that is still pending and not yet resolved may not also be subdivided.

What are the relevant documents that one may require to undertake the subdivision process.
a) Title deed- original
b) Search- This helps find out any encumbrances and restrictions against the land.
c) Survey map from the ministry of lands
d) Duly filled Form PPA1
e) Land Control Board Consent to subdivide the land.
f) Land Rent and Rates clearance certificate from the county government offices of the place the property is located.
g) Sub-division scheme plan signed by the physical planner and the landowner.

In case you have any inquiries or need assistance with the process of land subdivision in Kenya, please feel free to contact us at: +254 720 083 705/hello@tta.co.ke