Kenya - Physical Planning Bill 2015 Good or Bad?

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As part of the Kenyan government's effort to employ efficiency in the construction sector a Bill  has been put before the  Parliament to regulate new buildings and modification of existing ones. The Bill proposes that property developers will have to commence construction within a year of getting a permit to develop land or risk facing penalties.

Developers may apply for a one-year extension from the planning authority, that will include the Cabinet secretary in charge of physical planning as well as national, city or municipal director of physical planning.Who may impose conditions on the applicant as the consider fit.

The developers who begin works after getting the construction permits will also be required to complete them within five years from the date of approval or face penalties. Developers will be deemed to have committed an offence if they begin construction before a development permission has been issued, or has been revoked or modified.

Where an offence has been adjudged to have been committed, a fine of between five and 10 per cent of the value of the land being developed will be imposed or imprisonment for a term not exceeding two years or both.

We think this may be a challenge for individual developers who can only afford to build  slow due to slower access to funds generated mainly from savings and personal loans. What do you think?

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