Nairobi property amnesty: What owners of unauthorised developments need to know

Date:

Property owners in Nairobi with unauthorised developments have until December 31, 2026, to regularise their properties under a county government amnesty.

The initiative gives eligible owners an opportunity to address outstanding planning approvals and bring their developments into compliance with Nairobi County requirements.

Nairobi Governor Johnson Sakaja said the regularisation window is intended to help property owners correct planning breaches while supporting more orderly and safer development across the capital.

“Nairobi County has opened a regularisation amnesty to give property owners with unauthorised developments an opportunity to bring their properties into compliance and obtain the required planning approvals,” Sakaja said.

What the amnesty means for property owners

The amnesty does not automatically legalise every building constructed without approval.

Instead, it gives eligible property owners an opportunity to have their developments assessed and, where they meet the required conditions, obtain the necessary approvals.

Applications must be made through qualified professionals. Depending on the development, owners may need to engage a licensed architect, structural engineer and/or physical planner to prepare and submit the required documentation to the county.

The process is therefore intended to determine whether an unauthorised development can be brought into compliance rather than simply granting blanket approval.

Which developments are excluded?

Nairobi County has drawn clear limits around the amnesty.

Developments located on public land, road reserves or riparian land are not eligible for regularisation.

Sakaja said the programme is an opportunity to regularise eligible developments and ensure Nairobi grows in an orderly, safe and properly planned manner.

The exclusions mean property owners cannot use the amnesty to legitimise developments occupying land protected for public access, roads or waterways.

What happens after the deadline?

The December 31 deadline does not mean every unauthorised building will automatically be demolished on January 1.

However, owners of eligible developments that remain unregularised could face enforcement action. This may include orders requiring them to alter a structure, stop a particular use or, where necessary, demolish a development that remains non-compliant.

Under the Physical and Land Use Planning Act, owners who receive an enforcement notice have a right to challenge the decision through the relevant County Physical and Land Use Planning Liaison Committee within the prescribed period.

This means the county must still follow the required legal process before enforcement action is taken.

What should property owners do now?

Owners who believe their properties qualify should not wait until the deadline.

The first step is to establish whether the development is eligible and determine what approvals or documents are required. Engaging a licensed architect, structural engineer or physical planner can help identify outstanding requirements and prepare the application.

The county has encouraged affected property owners to take advantage of the temporary window rather than wait until enforcement measures become necessary.

For Nairobi, the broader objective is to bring more buildings within the formal planning system while addressing developments that were constructed without the required approvals.

For property owners, however, the message is more immediate: December 31, 2026 is the deadline to act on eligible unauthorised developments.

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