Last Updated May 23, 2019

Law and Practice

Contributed By MMC Africa Law

Author



MMC Africa Law was established in 1995 and is headquartered in Spring Valley, Nairobi, with a full-service office in the coastal city of Mombasa. The firm is made up of 12 Partners and over 30 lawyers with expertise in a wide variety of legal matters. As well as being a member of ALFA International, a global network of independent law firms, it has a close association with the leading global law firm of Orrick, Herrington & Sutcliff LLP. MMC Africa Law’s dedicated real estate team comprises three partners and 12 lawyers who pride themselves on their extensive experience handling sophisticated and complex transactions such as those relating to mixed-use developments, an emerging market in real estate. The team also offers specialised services in urban regeneration projects, construction law, REITs, hospitality and hotels, residential developments, commercial and farmland leases, land use and planning, environmental compliance, contractual agreements, conveyancing and conducting due diligence on property.

The PPA is the main statute dealing with physical development in Kenya, and vests the functions of Physical Planning in the Office of the Director of Physical Planning.

The PPA establishes physical planning liaison committees whose functions are to act as a mechanism for appealing decisions of the Director of Physical Planning.

Under the PPA, a number of regulations have been enacted to deal with various aspects of physical development. These are the Physical Planning:

  • (Building and Development) (Control) Rules, 1998;
  • (Development Plans) Regulations, 1998;
  • (Application for Development Permission) Regulations, 1998;
  • Order of 1998;
  • (Subdivision) Regulations, 1998; and
  • (Appeals to the Physical Planning Liaison Committee) Regulations, 1998.

There is currently a Physical Planning Bill that seeks to amend the PPA. This Bill seeks to provide separation of powers between the national and the county governments. The Bill provides that policy and strategy formulation including the preparation and approval of the National Physical Development Plan are functions of national government while the power to consider and give development approval is vested in the county governments.

The NCA Act establishes the NCA which is mandated with overseeing and co-ordinating the development of the construction industry in Kenya. Every construction project is required to be registered with NCA prior to commencement of a project.

MMC Afica Law

MMC Arches,
Spring Valley Crescent,
Off Peponi Rd.
Westlands

+254 020 2329898

+254 720 585 785

eomulele@wakili.com www.wakili.com
Author Business Card

Author



MMC Africa Law was established in 1995 and is headquartered in Spring Valley, Nairobi, with a full-service office in the coastal city of Mombasa. The firm is made up of 12 Partners and over 30 lawyers with expertise in a wide variety of legal matters. As well as being a member of ALFA International, a global network of independent law firms, it has a close association with the leading global law firm of Orrick, Herrington & Sutcliff LLP. MMC Africa Law’s dedicated real estate team comprises three partners and 12 lawyers who pride themselves on their extensive experience handling sophisticated and complex transactions such as those relating to mixed-use developments, an emerging market in real estate. The team also offers specialised services in urban regeneration projects, construction law, REITs, hospitality and hotels, residential developments, commercial and farmland leases, land use and planning, environmental compliance, contractual agreements, conveyancing and conducting due diligence on property.

{{searchBoxHeader}}

Select Topic(s)

loading ...
{{topic.title}}

Please select at least one chapter and one topic to use the compare functionality.