If you start building and the construction stalls for sometimes, then you risk landing in jail for a period not less than five years.
The Physical and Land Use Planning Act, 2019 states that a developer has a grace period of three years to start construction after getting approval from the County government.
The act which took effect on August 5, 2019, also states that all constructions should be completed within five years or face the repercussions.
A county Executive committee member will be mandated to impose the conditions or fine any developer who will not have complied to the requirements.
Conducting businesses or allowing people to run businesses in an incomplete building will also be committing an offense.
“A person commits an offense if that person — (a) uses or permits to be used any land or building in contravention of any conditions imposed by a County Executive Committee member when granting development permission.” Reads part of the Act.
If a person applies for a building license from the respective county government but fails to commence construction within three years, the license shall be revoked, which means the applicant will have to renew the license.
As Lands Cabinet Secretary Farida Karoney opines, the new law will give effect to the Constitution and provide support to devolution of land.
“The overall aim of the Act is to give effect to the Constitution. Physical planning and land use are devolved functions. The law now mandates the counties to plan the land while the national government will provide oversight to ensure there is a national policy,” the CS said.
The new law directs the County officials to determine the fines they would charge and on the offenders.
Anyone who would wish to appeal will have to directive their grievances to a county physical and land use Liaison committee and have their disputes settled instead of going to court directly. But the whole issue will be solved by the court.
Starting a construction before getting permissions from the CEC will also come with huge penalties. The law provides that the offender will have 90 days to restore the site to its original form.