Nairobi Governor Johnson Sakaja has officially signed into law the Development Control Policy 2026, a comprehensive set of rules that will change how construction happens across the city. The new policy, which was gazetted on July 17, 2026, replaces the old zoning guidelines that had been in place since 2004 and 2006.
For years, urban planners have complained that weak and inconsistent development controls have led to overcrowding, overstretched infrastructure and the loss of public open spaces in many parts of Nairobi. The new framework seeks to fix these problems once and for all.
Speaking when he announced the policy, Sakaja said the new rules will guide development approvals using clearly defined zoning regulations, building height limits, density controls, environmental safeguards and infrastructure capacity.
He explained that any new development will be assessed based on whether essential services like water, sewerage systems and road networks are available to support it.
This, he said, will prevent excessive strain on existing infrastructure. Sakaja described the policy as a key pillar of his administration’s vision to build a well-planned, modern and liveable capital city.
“Our city is growing rapidly, and we must ensure that this growth is orderly, sustainable and benefits all residents,” he said.
“This policy gives Nairobi a clear roadmap to eliminate chaotic development while protecting communities and supporting responsible investment.”
The policy was developed through extensive public participation involving resident associations, professionals, developers and local communities.
According to the county, this collaborative process was designed to balance investment opportunities with the interests of existing neighbourhoods while ensuring orderly urban growth.
The gazettement follows the policy’s approval by the Nairobi City County Assembly, fulfilling the county’s commitment to establish an enforceable development control framework.
Building Height Limits Across Nairobi
One of the most talked-about aspects of the new policy is the introduction of clear building height limits across different zones in the city.
The allowable number of floors will be determined by factors such as location, plot size, infrastructure capacity and planning requirements.
In the Central Business District and Upperhill, developers can now build up to a maximum of 75 floors, but only on plots that are at least 0.8 hectares in size. Smaller plots will have lower height limits.
Areas like Westlands, Kilimani and Kileleshwa will generally allow buildings of up to 30 floors, subject to meeting plot size requirements and obtaining approvals for infrastructure expansion.
In high-density residential areas such as Roysambu and Zimmerman, the cap will be 12 floors on specified plots.
For low-density neighbourhoods like Runda, Karen and Muthaiga, the policy largely restricts developments to single-dwelling homes, except for approved commercial centres and institutional facilities.
This will come as a relief to residents in these upscale areas who have been concerned about the mushrooming of apartment blocks in their neighbourhoods.
Air Rights and Transferable Development Rights
The policy introduces an interesting concept known as Air Rights, or Transferable Development Rights. This allows property owners who do not utilise their full development potential to transfer or sell their unused development rights to developers in designated areas.
What this means in simple terms is that if you own a piece of land but choose not to build to the maximum allowed height, you can sell that unused “air space” to someone else who wants to build taller in an approved zone.
Developers in approved areas may be allowed to exceed standard height limits by acquiring these additional development rights, subject to county regulations.
This is a clever way to encourage density where it is needed most while allowing property owners in less dense areas to benefit financially from their unused development potential.
It also helps the county manage growth more strategically by directing higher density to areas with better infrastructure.
Transit-Oriented Development
The new policy also prioritises Transit-Oriented Development, encouraging compact and mixed-use developments within 800 metres of Bus Rapid Transit corridors and commuter rail stations.
This is part of a broader effort to reduce reliance on private cars and promote the use of public transport. By concentrating development near transport hubs, the county hopes to create more walkable, liveable neighbourhoods where people can easily access jobs, shops and services without having to travel long distances.
Kenya Railways is already working on upgrading commuter rail services and developing transit-oriented developments along key corridors. The idea is to reshape urban development patterns around transport hubs, making it easier for people to move around the city while reducing traffic congestion and pollution.
Green Buildings and Environmental Safeguards
The policy provides incentives for green buildings, with projects that exceed minimum environmental standards potentially qualifying for density bonuses, including additional development capacity.
This means if you build an environmentally friendly structure with features like rainwater harvesting, water recycling and green energy, you could be allowed to build more floors than would normally be permitted.
High-rise buildings will also be required to meet specific standards, including the installation of dual garbage chutes to separate general waste from recyclable materials at the source.
This is aimed at promoting recycling and reducing the amount of waste that ends up in landfills.
The framework places additional restrictions on developments near airports and strategic security installations.
Such projects will require consultation with relevant agencies, including the Kenya Civil Aviation Authority and the Ministry of Defence, to ensure compliance with aviation and security requirements.
This is to prevent buildings from interfering with flight paths or compromising the security of sensitive installations.
Enforcement and Compliance
The county government has empowered enforcement officers to issue notices and stop orders against developments that exceed approved limits. Demolition is listed as a last resort for illegal structures.
The Urban Planning Technical Committee will be responsible for reviewing building plans to ensure compliance with approved height limits and other planning requirements.
Property owners have until December 2026 to legalise their developments before the county begins a crackdown against those who will not have complied.
The regularisation exercise covers a range of development activities including changes or extensions of land use, subdivision and amalgamation of land parcels, building plan approvals, issuance of occupation certificates and lease renewals.
Nairobi County has called on property owners to submit available documentation even if some requirements are missing.
What This Means for You
If you are a property owner or developer in Nairobi, the new policy has significant implications for your plans.
Before starting any construction, you will need to check the zoning regulations for your area, understand the height limits that apply to your plot and ensure that essential services are available to support your development.
You may also want to explore whether you qualify for density bonuses by incorporating green building features, or whether you can benefit from selling or acquiring air rights.
The county has urged developers, property owners and residents to familiarise themselves with the new policy, which is now in force following its official gazettement.
The policy is expected to strengthen compliance, improve enforcement and provide greater certainty for both residents and investors. While some developers may find the new restrictions challenging, the overall aim is to create a more orderly, sustainable and liveable Nairobi for everyone.
The Development Control Policy 2026 complements the Sakaja administration’s broader urban transformation agenda, which includes investments in roads, sewerage expansion, drainage, affordable housing and other public infrastructure aimed at making Nairobi a cleaner, safer and more resilient city.
With the city’s population projected to hit 10.5 million by 2050, getting the planning framework right is more important than ever.
The new framework is expected to reshape Nairobi’s skyline while ensuring that high-rise developments are aligned with infrastructure capacity, environmental considerations and orderly urban growth.
It represents a bold step towards ending the era of chaotic construction and ushering in a new era of planned, sustainable development for Kenya’s capital city.
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