Nairobi Moves to Legalise Unauthorised Buildings as City Hall Seeks Order and Revenue

Kenya, 31 October 2025 - In a move aimed at balancing urban order and financial necessity, Nairobi Governor Johnson Sakaja’s Cabinet has approved new regulations to legalise thousands of unauthorised buildings that have mushroomed across the capital.

The Nairobi City County Regularisation of Unauthorised Developments Act, 2025, allows property owners who constructed buildings without planning approval to apply for retrospective compliance, a process City Hall says will enhance safety, improve service access, and bring billions into county coffers.

Why Now?

Nairobi’s skyline has grown fast but unevenly, with sprawling informal estates, high-rises built without approval, and residential areas converted into commercial zones without supporting infrastructure. For years, county officials lacked both resources and political will to address the crisis.

Chief Officer for Urban Development and Planning Patrick Analo said the initiative will benefit more than two million property owners, allowing them to “secure documentation and peace of mind.”

“Once they have these documents, it provides a sense of security… banks ask where the property is located and whether the development was approved,” said Analo, adding that the process will open up access to credit and insurance for compliant owners.

Governor Sakaja emphasised that the measure was “not just about money but about safety, dignity, and proper planning.”

“It’s our duty to ensure that urban development happens in an organised way, with proper utilities, emergency access and structural integrity,” he said.

What’s at Stake

For many homeowners, especially in densely populated areas such as Eastlands, Ruai, and Githurai, the law could transform uncertainty into stability.

Regularised titles will enable property owners to connect legally to utilities, access mortgages, and sell assets without legal disputes.

Yet, the stakes extend beyond individuals. By bringing informal structures into the tax net, City Hall expects to raise at least KSh 5 billion in additional land rates and building fees over three years. Critics, however, warn that the move risks morphing into a revenue-collection drive rather than a planning reform.

“We can’t afford another amnesty that rewards illegal development while punishing those who followed the law,” said a member of the Architectural Association of Kenya

Concerns and Criticism

Urban experts caution that without parallel investment in infrastructure, the regularisation could be cosmetic.

Some residents also fear bureaucratic delays or hidden fees. Developers argue that retrospective compliance costs, including engineers’ reports and fines, could lock out low-income landlords.

Meanwhile, legal observers point to a September 2025 High Court ruling directing Nairobi County to update its zoning regulations, noting that outdated frameworks contributed to the city’s current planning chaos.

What Happens Next

Implementation begins next month, with Nairobi County expected to set up a digital portal for regularisation applications.

Property owners will have 18 months to declare unauthorised buildings before enforcement begins.

The process will also involve joint inspections by structural engineers and the Nairobi City County Planning Department. Non-compliant or unsafe buildings face demolition after the grace period.

The Bigger Picture

This reform places Nairobi among the few African capitals attempting to legalise informal development rather than simply demolish it, a policy shift aligning with UN-Habitat’s inclusive urbanisation goals.

Whether this becomes a model for other counties or a cautionary tale depends on what happens next: transparent implementation, equitable costs, and the political will to fix Nairobi’s broken planning systems once and for all.