Benefits of Buying Property with a Sectional Title in Kenya
A Complete Legal Guide for Investors, Homebuyers & Foreign Purchasers – By WKA Advocates
Kenya’s real estate market has undergone significant legal, regulatory, and structural reforms over the past decade, aimed at improving transparency, security of tenure, investor confidence, and ease of property transactions. One of the most transformative developments in Kenyan land law has been the introduction and enforcement of sectional titles.
Today, sectional title ownership represents the preferred, safest, and most legally secure form of property ownership in Kenya for apartments, maisonettes, offices, commercial units, and mixed-use developments. Both local and foreign property buyers increasingly prefer sectional titles due to their clarity, bankability, and compliance with Kenyan land laws.
This in-depth guide by WKA Advocates, leading property and conveyancing lawyers in Kenya, explains the benefits of buying property with a sectional title, the applicable legal framework, and why sectional titles offer superior protection, flexibility, and long-term value for property buyers and investors.
What Is a Sectional Title in Kenya?
A sectional title is a form of property ownership that grants an individual owner exclusive ownership rights over a specific unit within a building—such as an apartment, maisonette, office, or retail unit—together with an undivided share of the common property.
Common property typically includes:
- Corridors and staircases
- Lifts and parking spaces
- Gardens, swimming pools, gyms, and shared amenities
Sectional titles in Kenya are governed by:
- The Sectional Properties Act, 2020
- The Land Act, 2012
- The Land Registration Act, 2012
Each unit is issued with its own independent title deed, registered at the Lands Registry, providing clarity and legal certainty of ownership.
The Transition from Sub-Leases to Sectional Titles in Kenya
Before the enactment of the Sectional Properties Act, most apartments in Kenya were sold through long-term sub-leases derived from a parent (mother) title. This system posed multiple legal and commercial challenges, including:
- Dependence on the head lessor
- Uncertainty around lease renewals
- Unclear rights over common areas
- Difficulty obtaining mortgages
- Challenges in resale and transfer
The introduction of sectional titles eliminated these risks by providing direct, registrable ownership of individual units, significantly strengthening buyer protection.
Key Benefits of Buying Property with a Sectional Title in Kenya
1. Clear, Secure, and Registrable Ownership
One of the most important advantages of sectional titles is certainty of ownership. Each buyer receives a registered title deed in their own name, which provides:
- Conclusive legal proof of ownership
- Protection against third-party claims
- Strong enforceability in Kenyan courts
This substantially reduces the risk of fraud, double allocation, and ownership disputes.
2. Full Compliance with Kenyan Land and Constitutional Law
Sectional titles fully comply with:
- The Constitution of Kenya, 2010
- The Sectional Properties Act, 2020
- Foreign ownership restrictions under Article 65
For foreign buyers, sectional titles align with the constitutional requirement that non-citizens may hold leasehold interests of up to 99 years, making them the most legally compliant ownership structure in Kenya.
3. Independent and Transferable Title Deeds
Unlike sub-leases, sectional titles are independent titles, meaning:
- The unit can be sold, transferred, charged, or inherited without reliance on a parent title
- Transactions are faster and simpler
- Owners enjoy greater autonomy over their property
This independence is particularly attractive to investors, expatriates, and institutional buyers.
4. Easier Access to Mortgage and Bank Financing
Kenyan banks and international lenders strongly prefer sectional title properties.
Benefits include:
- Faster mortgage approvals
- Higher acceptance rates
- Clear collateral security
As a result, sectional titles are ideal for buyers seeking property financing or refinancing.
5. Simplified Sale, Transfer, and Succession Planning
Properties held under sectional titles are easier to:
- Sell or transfer
- Include in estate planning
- Use in succession and inheritance matters
The existence of a registered title deed simplifies due diligence and increases buyer confidence, enhancing liquidity.
6. Transparent and Professional Property Management
Sectional ownership automatically enrolls each unit owner into a Management Corporation, which is responsible for:
- Maintaining common areas
- Collecting and managing service charges
- Enforcing house rules and by-laws
- Insuring common property
This governance structure promotes accountability and protects property value—especially beneficial for absentee or foreign owners.
7. Protection Against Developer and Landlord Risks
Once a sectional title is issued:
- Ownership rights become independent of the developer
- Risks of developer insolvency are reduced
- Issues relating to head lease renewal are eliminated
This provides long-term security and peace of mind for buyers.
8. Higher Market Value and Strong Investment Appeal
Sectional title properties generally:
- Attract higher resale prices
- Appeal to a wider buyer pool
- Perform better as rental and investment assets
For investors, sectional titles offer better liquidity, predictability, and long-term capital appreciation.
Legal Due Diligence When Buying Sectional Title Property
Despite their advantages, proper legal due diligence remains essential.
WKA Advocates assists clients with:
- Official title searches
- Verification of sectional plans and approvals
- Review of Management Corporation records
- Compliance with zoning and planning laws
- Advice on stamp duty and tax obligations
- Registration of transfers and title deeds
Professional legal oversight is critical to protecting your investment.
Tax and Cost Considerations
Buyers of sectional title property in Kenya should account for:
- Stamp duty (typically 4% in urban areas)
- Legal and conveyancing fees
- Registration fees
- Service charges and sinking fund contributions
- Capital gains tax on disposal
WKA Advocates provides integrated property tax and conveyancing advisory services.
Why Sectional Titles Are Ideal for Both Local and Foreign Buyers
Sectional titles offer:
- Legal certainty and transparency
- Independent and registrable ownership
- Compliance with Kenyan land laws
- Better access to financing
- Reduced ownership and transactional risk
They are now the gold standard for urban property ownership in Kenya.
Why Choose WKA Advocates for Sectional Title Transactions?
WKA Advocates is a leading Kenyan law firm with extensive expertise in:
- Property and conveyancing law
- Sectional title purchases and sales
- Foreign and diaspora property acquisitions
- Real estate due diligence
- Land law compliance and dispute prevention
We act for homeowners, developers, investors, expatriates, and multinational clients across Kenya.
Contact WKA Advocates – Property Law & Conveyancing Lawyers in Kenya
For professional assistance with sectional titles, property purchases, conveyancing, and real estate law in Kenya, contact:
WKA Advocates
📞 +254 798 035 580
📧 info@wka.co.ke
🏢 Valley View Business Park
6th Floor, Suite No. 35
City Park Drive, Parklands, Nairobi