Sectional Properties & Leasehold Titles
Navigate Kenya's sectional property regime and leasehold title system with expert legal guidance. From strata title registration and management corporation setup to leasehold-to-freehold conversion, we handle every aspect of these specialized property transactions.
Sectional Property & Title Services
Kenya's property landscape includes various forms of title and ownership. The Sectional Properties Act 2020 introduced modern strata title ownership for apartments and commercial buildings, while the leasehold and freehold systems present unique considerations for property buyers. We provide expert guidance across all these areas.
Sectional Title Registration
Register sectional titles for apartment buildings, commercial complexes, and mixed-use developments under the Sectional Properties Act 2020. We prepare sectional plans, file applications with the Land Registrar, and secure individual unit titles.
Leasehold-to-Freehold Conversion
Guide property owners through the process of converting leasehold titles to freehold under the Land Act 2012. We handle applications to the National Land Commission, county government approvals, and Land Registry processing.
Management Corporation Setup
Establish management corporations for sectional properties as required by law. We draft management rules, set up governance structures, define service charge frameworks, and ensure compliance with statutory requirements for common property management.
Strata Plans
Prepare and register strata plans that define individual units, common areas, and exclusive-use areas within sectional properties. We work with licensed surveyors to ensure plans meet Land Registry requirements and accurately reflect the building layout.
Common Property Management
Advise management corporations and unit owners on the legal aspects of managing common property, including service charge disputes, maintenance obligations, alterations to common areas, and enforcement of management rules.
Title Rectification
Correct errors and omissions in property titles through the Land Registry. We handle applications for rectification of the land register, correction of boundary errors, updating of proprietorship details, and resolution of title irregularities.
Understanding Sectional Titles in Kenya
The Sectional Properties Act 2020 modernized the framework for owning individual units within multi-unit buildings in Kenya. Before this legislation, apartment buyers typically received long-term leases from the building owner rather than independent titles, leaving them vulnerable to the building owner's financial difficulties and management decisions.
Under the sectional property system, each unit owner receives a separate certificate of title that can be independently sold, mortgaged, or transferred. The owner also holds an undivided share in the common property proportional to their unit's floor area. A management corporation, comprising all unit owners, is automatically established to manage common areas and building services. This system provides far greater security and autonomy for apartment and commercial unit buyers.
- Individual title deeds for each unit
- Undivided share in common property
- Independent mortgage and transfer rights
- Democratic management through corporation
Sectional Title Components
- Certificate of title per unit
- Sectional plan (strata plan)
- Common property definition
- Exclusive-use areas allocation
Leasehold to Freehold Conversion
Many properties in Kenya, particularly in urban areas, are held on leasehold terms. Nairobi, Mombasa, and other major cities have significant numbers of properties on 99-year leases granted during the colonial era, many of which are approaching expiry. The Land Act 2012 provides a mechanism for converting leasehold titles to freehold, giving owners perpetual ownership.
The conversion process requires an application to the National Land Commission through the relevant county government. Applicants must demonstrate that the leasehold is current, all ground rent and land rates are paid up, and the property complies with zoning and planning requirements. The NLC considers each application based on national and county land use policies. Successful conversion eliminates the need to pay ground rent and removes the risk of the lease expiring without renewal.
- Application through county government to NLC
- Ground rent and rates clearance certificates
- Zoning and planning compliance verification
- Processing period of 6-12 months
Management Corporations and Common Property
Under the Sectional Properties Act, a management corporation is automatically created when sectional titles are registered. This corporation, comprising all unit owners, is responsible for managing common property, maintaining the building, and collecting service charges. The management corporation is a body corporate with the power to sue and be sued, own property, and enter into contracts.
We assist with the practical aspects of establishing and running management corporations, including drafting management rules, setting up service charge frameworks, convening meetings, and resolving disputes between unit owners. Common challenges include disagreements over service charge levels, unauthorized alterations to common areas, parking disputes, and building maintenance standards. Our legal guidance ensures these issues are handled in compliance with the law while preserving good neighbour relations.
- Management rule drafting and amendment
- Service charge framework design
- Annual general meeting facilitation
- Dispute resolution between unit owners
Management Corporation Duties
- Maintain common property
- Insure the building
- Collect service charges
- Enforce management rules
Sectional Property & Title Questions
A sectional title is a form of property ownership that allows individual ownership of a defined unit (such as an apartment, office, or shop) within a larger building, along with shared ownership of common areas like lobbies, lifts, parking, and grounds. It is governed by the Sectional Properties Act, 2020 in Kenya. Each unit owner receives a separate certificate of title for their unit and an undivided share in the common property.
Freehold means absolute ownership of land with no time limit. The owner has full rights to use, develop, and dispose of the land in perpetuity, subject only to planning regulations. Leasehold is ownership for a fixed period (commonly 99 years) granted by the government or a freehold owner. The leaseholder pays ground rent and must comply with lease conditions. When a leasehold expires, the land reverts to the grantor. Leasehold can be converted to freehold through the National Land Commission.
To convert a leasehold title to freehold, you must apply to the National Land Commission through the county government. The process involves submitting an application with current title documents, paying applicable fees, obtaining county government approval, and having the NLC process the conversion. Requirements include that the leasehold must be current, all ground rent and land rates must be paid, and the land must comply with zoning requirements. The process can take 6-12 months.
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Whether you are buying an apartment, converting your leasehold, or setting up a management corporation, our conveyancing team has the expertise to guide you.