How to Apply for Land Board Consent in Kenya
Your complete guide to navigating the Land Control Board consent process for agricultural land transactions
Overview of Land Board Consent
Land Board Consent is a mandatory legal requirement for certain land transactions in Kenya, particularly those involving agricultural land. The Land Control Board (LCB) consent ensures that transactions such as sales, transfers, leases, subdivisions, and charges comply with land use policies and that the land remains productive within its intended purpose.
This requirement is governed by the Land Control Act (Cap 302) and its subsidiary legislation, which applies to agricultural land defined as land not within a municipality or township, plus any land declared as agricultural through gazettement by the Cabinet Secretary.
Important: Failure to obtain Land Control Board consent renders any transaction void. It's crucial to follow the proper procedures to ensure your land transaction is legally valid.
Requirements for Application
To apply for Land Control Board consent, you need to prepare the following documents:
Application Forms
Duly filled application forms executed by both parties (submitted in triplicate)
Identification Documents
Copy of ID/passport for both buyer and seller
KRA PIN Certificate
Copy of KRA PIN certificate for both buyer and seller
Title Deed
Copy of the title deed as proof of land ownership
Spousal Consent
Written consent from the spouse (if applicable) to avoid future disputes
Payment Receipt
Proof of payment of the application fee
Official Search
Official search from the lands registry showing current ownership details
Sale Agreement
Copy of the sale agreement (if applicable)
Step-by-Step Application Process
Follow these steps to apply for Land Control Board consent in Kenya:
Obtain Application Forms
Visit your local Land Control Board office to get the application forms. These may also be available on the Ministry of Lands and Physical Planning website. Applications must be submitted at least 10 days before the scheduled board meeting date.
Pay Application Fee
Pay the non-refundable application fee at the county lands office. The standard fee is Ksh 1,000, though this may vary slightly by county and land size. Ensure you get an official receipt.
Complete Application Forms
Fill out all required details accurately, including information about the land, buyer, and seller. Ensure both parties sign the application forms.
Attach Required Documents
Gather and attach all necessary supporting documents, including copies of IDs, KRA PIN certificates, title deed, spousal consent, and payment receipt.
Submit Application
Submit the completed application forms along with all supporting documents to the local Land Control Board office. Ensure you do this well before the board meeting date.
Attend Board Meeting
Both buyer and seller must attend the Land Control Board meeting in person. The board will review your application and may ask questions or request additional documentation.
Receive Decision
After reviewing your application, the board will either approve or reject it. If approved, you'll receive the land board consent certificate. If rejected, you'll be informed of the reasons and can reapply after addressing the issues.
Fees & Processing Timeline
Application Fees
The fees for Land Control Board consent vary depending on the type of consent and the county:
| Fee Type | Amount (KES) | Notes |
|---|---|---|
| Application Fee | 1,000 | Standard fee, may vary slightly by county |
| Special Consent Fee | 10,000 | For certain types of transactions |
Processing Timeline
The Land Control Board process typically takes 2-4 weeks from application to decision. Board meetings are usually held once or twice a month at the county commissioner's office. It's advisable to apply at least 10 days before the scheduled meeting date to ensure your application is considered.
Note: The board has wide discretion and can decline consent or approve it with conditions. Common reasons for rejection include incomplete documentation, questionable transaction terms, or if the transfer would reduce the land's productivity.
Frequently Asked Questions
The Land Control Act requires consent for various transactions including sale, transfer, lease, mortgage, exchange, partition, and division of agricultural land into two or more parcels to be held under separate titles.
Yes, consent is not required for transmission of land by way of succession, unless the land needs to be divided into separate parcels during the transmission process.
Failure to obtain the required consent renders the transaction void. This means the transaction has no legal effect, and parties may need to reverse the transaction and risk losing their investment.
The Land Control Board will refuse consent if the person to whom the land is being transferred is not a Kenyan citizen. Foreigners can only acquire land through leasehold arrangements for a maximum of 99 years.
If your application is rejected, you can appeal to the Provincial Land Control Appeals Board within 30 days of receiving the decision. A further appeal can be made to the Central Land Control Appeals Board.
Yes, spousal consent is required to avoid future disputes. The spouse must provide written consent and be present at the board meeting with valid identification, regardless of whether their name appears on the land documents.
References & Sources
Official Resources & Further Reading
- Ministry of Lands and Physical Planning - Issuance of Land Control Board Consent
- Land Control Act (Cap 302) - Laws of Kenya
- Kenya Investment Authority - Land Consent Procedures
- MMS Advocates - Land Control Board Consent Guide
- AMCCO Properties Limited - How to Apply for Land Board Consent
Disclaimer: This information is provided as a general guide. Laws and procedures may change over time. Always consult with a legal professional or the relevant authorities for current requirements and procedures.