If you are building a house in rural Kenya, two questions come before the house plan: whose name is on the title, and has the county granted development permission? The Physical and Land Use Planning Act 2019 says nobody may carry out development in a county without development permission from the county. It also says that if you are not the registered owner, you must give the county the owner's written consent when you apply.
So if the land is still in your father's name, you can build on it, but only with his written consent and a county approval. If he has passed away and the estate has not been through succession, nobody yet has clear authority to give that consent.
Start with the title, not the plan
Many rural homes go up on land that is still registered to a parent or grandparent. The family knows which portion is "yours". The register does not.
That gap stays quiet until something forces it open: a parent dies, a sibling marries, a bank asks for security, or another heir decides the portion was never agreed. At that point the house sits on land the law treats as belonging to someone else, or to an estate.
Before you spend on materials:
- Get the title number and run an official search. It tells you the registered owner, the size of the parcel and any entries against it, such as a charge or a caution.
- If the owner has died, the land does not pass automatically. Under section 61 of the Land Registration Act, the personal representative must produce a grant from the court to be registered in place of the deceased. Until succession is done, an informal family agreement about who gets which portion is just that, informal.
- Check for other claims. The Act lists overriding interests that bind registered land even if they are not on the register, and customary trusts are one of them. Relatives who have lived on or farmed the land may have rights that a search will not show.
- Confirm the portion on the ground. If the family has agreed you get a particular piece, a surveyor can mark it out. That is not a subdivision, but it stops arguments about which corner was meant.
The cleanest route, where the family agrees, is to have your portion transferred or subdivided into your name before you build. That takes longer and costs more upfront. Building first and sorting the paperwork later is quicker, and it leaves the house exposed to every one of the events above.
Written family consent
If the land stays in a parent's name, get their consent in writing. The county needs it anyway for the development application. Ask an advocate to prepare a short document that says:
- who the registered owner is, with the title number
- which portion you are building on, ideally with a sketch or surveyor's plan
- that the owner consents to you building a house there
- whether the portion is intended to be transferred to you, and when
Where siblings or other relatives have an interest, it helps if they sign too, or at least acknowledge it in writing. Nods at a family meeting are hard to prove later. A signed consent records the arrangement while the owner is alive and able to confirm it, though it still falls short of a transfer.
County development permission
"Development" under the Act means carrying out any works on land, which includes putting up a house. Starting without permission is an offence, with a fine of up to KSh 500,000, up to two months in prison or both, and the county can order the land restored to its original condition within 90 days.
Under the 2021 development permission regulations, an application goes in the prescribed form, by email to the planning authority or on paper, with:
- a certified copy of the title deed, certificate of title, certificate of lease or other recognised ownership document
- a location plan showing the site relative to landmarks and roads
- the building plans
- where you are not the registered owner, the owner's written consent
The Act sets the timeline. Within seven days the county sends the application to the relevant agencies (survey, roads, health, environment and others), which have 14 days to comment. The county must then decide within 30 days of receiving the application, either granting permission with conditions or refusing in writing with reasons. If you disagree, you can appeal to the County Physical and Land Use Planning Liaison Committee within 14 days.
Permission lapses if you do not start within three years, though the county can extend it by one year.
Counties run this process differently. Some take applications online, some still want paper at a sub-county office, and fees are set locally. Ask your county planning office for its current requirements and fee schedule before you commission drawings.
What changes when you build from abroad
Many rural houses built by Kenyans abroad go up in phases: foundation one year, walling the next, roof when the money allows. That is normal. A few things keep it from going wrong.
Approve the whole house once. Get permission for the full design, then build it in stages. Changing the design halfway through usually means a new application.
Pay for stages, not promises. Agree a written schedule with the contractor or fundi that ties each payment to a stage you can see: foundation complete, walls to ring beam, roof on. Ask for a live video walk-through before releasing each payment.
Pay accounts, not people. Pay hardware suppliers directly where you can, and keep receipts. When a relative is managing the build for you, give them a budget per stage in writing and ask for receipts as each stage ends. That protects them as much as you if questions come up later.
Keep the documents abroad too. The title search, the consent document, the approval and the payment receipts should exist as scans you control, not only in a drawer at home.
Respect the time difference. Fix a weekly call at a time that works on both ends. Decisions made over late-night WhatsApp messages are the ones people remember differently.
On costs: a "two-bedroom" quote varies enormously with the design, the site, the region and the materials, and prices move. Get a priced bill of quantities for your own design before you set a budget, rather than relying on a number from a forum.
Questions people ask
Can I build on my father's land? Yes, with his written consent and county development permission. If he has died, succession has to happen first before anyone can give valid consent as owner.
Do I need approval to build in a rural area? The Act requires development permission for development anywhere in a county. It does not exempt rural homes.
How do I get a title deed for family land in a rural area? It depends on whether the land is already registered. For registered family land, it is usually a transfer or a subdivision and transfer from the current owner, or a transmission through succession. An advocate can tell you which applies.
What if relatives object after the house is built? Then the written consent and any transfer become the evidence. Without them, the dispute is about memory.
Where Karibu fits
Karibu checks title records, so you can see whose name is on the land and what is registered against it before you build. If you want to talk through the order of steps for your plot, book a call with the team.
Ask for the title number on your next call home.
Sources: Physical and Land Use Planning Act 2019, sections 57, 58, 60, 61 and 64. Physical and Land Use Planning (General Development Permission and Control) Regulations 2021, regulation 15. Land Registration Act 2012, sections 28 and 61. This article is general information, not legal advice. Speak to an advocate about your situation.