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How to use Ardhisasa to pay Land rents, apply for subdivision ,apply and renew of the leases and apply for change of user.

How to use Ardhisasa to pay Land rents, apply for subdivision ,apply and renew of the leases and apply for change of user.

Ardhisasa is
the name given to the National Land Information Management System (NLMS)
operated by the Ministry of Lands and the National Land Commission. The system
was designed to facilitate the capture, management, and analysis of
land-related data, thus enabling easier administration and management of land
issues in Kenya. Like most government service-oriented digital platforms, the
NLMS system is self-service. This is to eliminate the presence of third
parties, thus reducing the risk of fraud.You can read more on h
ow
Ardhisasa will curb fraud on land transactions
.

The ministry
has now shifted operations onto the new Lands Information Management System
(LIMS), a process started in 2018 with an intention to ease the management of
land records and transactional services. This, according to the Lands Cabinet
Secretary Farida Karoney, will ensure efficiency, security, and transparent
operations in the lands sector.

After
registration, one can log in to access over ten (10) land-related online
services on the homegrown system that was built by young Kenyans for over three
years. These services are grouped into two; the ones offered by the national
land commission, and those services offered by the Ministry of Lands and
Physical Planning.

For this
document, we will be dealing with those services offered by the ministry of
land.

Services
Offered by Ardhisasa Digital Platform
 include:  

1)     Land
rents ayment

2)     Subdivision
of land,

3)     Preparation,
extension, or renewal of the lease,

4)     change
of user, lease preparation,

 

 1.     PAYING
OF LAND RENTS

Land rates
are levies imposed on all parcels of land and payable to the county
governments. Upon full payment of all rates, one is issued with the rates
clearance certificate which is conclusive evidence that all rates due and
interest accrued have been fully paid. County governments charge different
amounts for the land rates.

With the
introduction of this system, the transaction method has changed. Unlike the
whole days where the manual transaction was being done with this, you can now
pay your land rent on Ardhisasa, at the comfort of your home or office. The
following are the steps you can pay rand rents in the Ardhisasa platform.

 

How
to pay your land rent on Ardhisasa

You can
simply go to the ministry of a land website using  Ardhisasa.lands.go.ke

Register an
account to begin transacting see 
here how to register.
If you are a registered user, simply log into your account and transact using
your ID

Go to
Services on the website. From this tab you will be able to access many
services, however, if you want land administration services you go to land
administration.

·
Under Land Administration, click
on Land Rent

·
Then click on Pay Land Rent

·
Enter Title Number on the Search
section using the following formats: Registration Unit/Registration
Section/Parcel Number;

·
For Nairobi Blocks:
Nairobi/Block12/345 or Block No/Parcel Number (for example 12/345)

·
For Mombasa Parcels: Mainland
North (or south)/Roman Number/Parcel Number (for example MN/IV/123).

·
For other towns and
municipalities: Kiambu/MunicipalityBlock1/234

·
After searching for the parcel,
pending payments will be listed

·
Under Actions, click on Pay

·
Choose Payment method (M-Pesa or
M-Pesa Express) and follow the instructions given to make the payment.

·
You will receive a payment
confirmation message on your phone

·
Click on Confirm to complete the
transaction.

·
The payments will reflect on
your account instantly!

It is good to
note that if you have several pending land rent payments, you will be required
to pay each one of them separately since each has a unique invoice number. You
will only receive a Clearance Certificate once you have settled all pending
payments. You can go ahead and download the Clearance Certificate or Print it
directly from the site.

 

2. SUBDIVISION OF LAND

Subdivision:
means the division of one parcel of land into two or more parcels, and may
include the creation of private or public roads.

Requirements
for land Subdivision

1)     Proof
of official title deed search.

2)     Consent
to subdivide the land from Land Control Board in your area.

3)     A
triplicate-filled PPA 1 form was obtained from the County offices.

4)     Well-drawn
scheme showing the proposed subdivision. It should include how the land will be
accessed and how waste and surface water will be disposed of.

5)     Signed
planning brief from the physical planner.

6)     Title
deed of the land.

7)     A
well-drawn location map of the property.

8)     Payment
receipts – for application of subdivision and land rates if any.

 

Land
subdivision cost

There are
various costs throughout the land subdivision process. However, in all county governments
in Kenya, the cost for the PPA 1 form is Ksh 1,000. The fee for the whole
process varies and is charged depending on the land itself both the size and
location. With Ardhisasa this is nowadays being done online.

Procedure for
subdivision

1)     Contact
your local planning officer. They will help you understand if your property is
under any restrictions and whether it qualifies to be subdivided. This is an
important step before filling in any subdivision form.

2)     Choose
a surveyor

3)     Draft
the Land subdivision plan/map

4)     Submit
your application

5)     Receive
your response.

6)     Apply
for new title deeds

 

Properties
that cannot be subdivided

The land is
scarce and its usage is increasing with time. However, not everything can be
subdivided there are a few exemptions of the properties that cannot be
subdivided. They include;

1)     A
property that is collateral for a loan in a financial institution.

2)     A
property with a caveat on it to prevent any action on the property.

3)     Property
with a court case that is still pending and not yet resolved

4)     Preparation,
renewal, and extension of leases

 

 3)
Preparation, extension, or renewal of the lease,

Extension of
Lease means a legal agreement that extends the term of an existing lease before
the term expires, outlining the need to continue using the property for another
term. While the renewal of Lease means equipment that is installed or found on
a property to be purchased.

The
application process

The Land Act
requires the National Land Commission to notify the existing owner of a
leasehold interest in land of the impending expiry of their lease at least 5
years before the lapse of the lease.

Applications
for extension or renewal of leases may be made in response to such notification
or at any time before such notification where the owner of a leasehold interest
in land deems it fit to apply for an extension of the lease.  However, in
previous practice, when the owner of a leasehold interest in land has less than
50 years remaining on a 99-year lease, or less than 25 years remaining on a
50-year lease, they would then apply for a renewal of lease or an extension of
the term of the lease.

Extension vs.
Renewal

The Rules
create the following distinctions between extension and renewal of leases:



















Extension of Lease

 


Renewal of Lease

 


The application may only
be made before the expiry of the lease.

 


The application may be
made either before or after the expiry of the lease.

 


Once approved, such
extension takes effect on the last day of the unexpired term and does not
extinguish the unexpired term. Accordingly, if a lease expires on 31 December
2018, then the extension of the lease will come into effect on 31 December
2018, for a further 99 years if the approved term for the extension is 99
years.

 


Once approved, renewal of
a lease takes effect immediately.

 


Results in preparation
and registration of a new lease and issuance of a certificate of a lease for
the extended period.

 


Results in the issuance
of a new letter of allotment as well as the preparation and registration of a
new lease; thereafter, a new certificate of the lease is issued for the
renewed term.

 

 

Applications
are made to the National Land Commission, which forwards the
applications
within 7 days of receipt, to the Cabinet Secretary for Lands (where the
national government is the landlord) or to the County Executive Committee
Member responsible for land matters (where the county government is the
landlord) for consideration.

These
processes include the determination (sometimes called ´adjudication´) of land
rights and other attributes, surveying and describing these, their detailed
documentation, and the provision of relevant information for supporting land
markets

Factors
considered before granting or declining an application for extension of the
term of a lease or renewal of lease

Kenyan
Citizens:
 the pre-emptive right
to offer the lease to the immediate past owner will apply as required by law if
the land is not required for a “public purpose. Where the land is required for
some public purpose, then it shall not be offered to the immediate past owner
even if they are a Kenyan citizen.

Non-citizens or companies with non-citizen shareholders:
no pre-emptive rights apply and the land will revert to the national government
or county government, as the case may be, and thereafter, it may be offered to
the general public by way of a competitive process.

4. CHANGING OR EXTENDING THE RIGHTS OF USE ON A LAND

Change of
User means an application to change the initial/existing user to a proposed new
use; Land use change is a process by which human activities transform the
natural landscape, referring to how the land has been used, usually emphasizing
the functional role of land for economic activities.

How to Make Subdivision Application on Ardhisasa

The power to
control land use and development in Kenya is vested in the County Governments
and therefore the owner or the legal entity of any property, who intends to
develop his/her land for any purpose other than that earmarked in the approved
Master Plan, will make an application, along with relevant documents, to the
respective County Governments’ Department of Physical Planning for
consideration through a registered physical planner.

Requirement
for change of user

1)     Two dully filled
P.P.A 1 forms in triplicate submitted and signed by a registered physical

2)     Planner

3)     Planning Brief
prepared by a Registered Physical Planner (signed accordingly)

4)     Ownership documents
(Title Deeds)

5)     Comprehensive
Location Plan

6)     Advertisement of
the proposal on a) Two local dailies, b) On-site

7)     Application fee
receipt

8)     Latest Rates
payment receipt

 

Procedure for
lad subdivision

1)     Placing an
advertisement and getting recommendations from members of the

2)     The planner and the
investor will then publish public notices regarding the proposed change of user
in two daily newspapers, inviting objections from the public within a period of
not less than fourteen (14) days. A site notice will also be placed on the site
indicating an intention to change its use within the same duration.

3)     Planning
brief/report for the site is prepared by the physical planner.

4)     The requisite fee
will be paid to the respective County Governments and the receipt annexed

5)     The brief will then
be submitted to the County Government’s Department of Physical Planning for
approval.

6)     The County
Government then receives submissions from the general public on any opposition
to the change of use. This process could take up to 14 working days:-

7)     The County
Government will then review the Change of Use proposal/brief with the public
objections received if any and will pass a resolution, recording reasons,
regarding its consideration or non-consideration

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