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Naomi Mutinda, Adv. February 18, 2025 Land Use & Zoning

Changing Land User: Agricultural to Commercial

How to legally convert land for business use in Machakos

Agricultural land being transformed for commercial construction

Machakos County continues to transform, with many investors looking to convert agricultural land into lucrative commercial plots, shopping centres, or offices. However, a simple agreement is not enough. The Physical and Land Use Planning Act, 2019 (PLUPA) requires a formal Change of User approval from the county government. Skipping this step could render your building illegal, leading to demolition or heavy fines.

Legal foundation: Section 56 of PLUPA provides that no development shall be carried out without a development permission, including change of user. Unauthorized change is an offence.

The 5-Step Legal Framework for Change of User

  1. Application to the County Executive Committee (CEC): Submit a formal application to the Machakos County Department of Lands, Urban Planning, accompanied by: Title deed, location map, site plan, proof of ownership, and a justification letter.
  2. Public Participation & NEMA: The county may require a public participation forum; also, an Environmental Impact Assessment (EIA) or Project Report may be needed depending on the scale.
  3. Approval by County Physical Planning Liaison Committee: This committee evaluates the proposal against the county's zoning regulations. If approved, a Change of User permit is issued.
  4. Payment of Statutory Fees: Fees vary based on land value. After payment, the endorsement is made on the title deed reflecting the new use classification.
  5. Building Permit Application: Once the land use is officially commercial, you can apply for a building permit from the county for construction.
Timeline: 60–120 days on average. Plan ahead – legalizing retrospective conversion is costlier and risky.

Common Pitfalls & Strategic Tips

Many landowners start constructing a commercial structure on agricultural land without approval, hoping to pay a small penalty later. This backfires: the county can issue a stop order, and the court may order demolition. Instead, hire an advocate to navigate the change of user process before investing in construction.

"A valid change of user not only protects your investment but also increases the land value by up to 300% when moving from agricultural to commercial zoning." — Naomi Mutinda, Managing Partner
✓ Obtain change of user permit
✓ Conduct NEMA environmental screening
✓ Submit architectural drawings
✓ Pay stamp duty (difference in valuation)

After conversion, ensure all land rates are updated to reflect the new classification. Musyoka & Mutinda Advocates regularly advises developers across Mlolongo, Athi River, and Machakos town on seamless zoning transitions.