Buying Apartments in Kenya: Why Sectional Titles Are Now the Legal Standard

By admin
July 3, 2025

Buying Apartments in Kenya: Why Sectional Titles Are Now the Legal Standard

The shift to sectional titles in Kenya has fundamentally changed how apartments are bought, sold, and owned. As a buyer, it’s crucial to ensure that your property complies with the Sectional Properties Act, 2020, to avoid legal complications, access mortgage financing, and safeguard your ownership rights.

At WKA Advocates, our mission is to ensure that every apartment purchase is legally sound, risk-free, and professionally handled. Whether you’re buying your first home, acquiring an investment property, or converting an existing unit, our experienced team will walk with you every step of the way.

In Kenya’s booming urban centres—Nairobi, Mombasa, Kisumu, and Nakuru—apartments have emerged as the preferred housing choice for first-time homebuyers, property investors, and real estate developers. However, purchasing an apartment is no longer a straightforward sale agreement. Under Kenya’s current apartment ownership laws, compliance with the Sectional Properties Act, 2020 is now required.

This landmark legislation has replaced outdated long-term lease arrangements with a new system where sectional titles in Kenya are the only legal form of apartment ownership. At WKA Advocates, our experienced real estate lawyers in Nairobi have helped hundreds of clients buy and register apartments under this new legal framework.

What Is a Sectional Title in Kenya?

A sectional title is an individual title deed issued to a buyer, giving full ownership of a specific apartment unit within a development—along with a share in common property such as lifts, stairwells, gardens, and parking areas. Sectional titles are governed by the Sectional Properties Act, 2020, together with the Land Registration Act, 2012.

Unlike previous ownership models such as share certificates or long-term leases exceeding 21 years, sectional titles offer buyers a secure and legally recognized form of apartment ownership in Kenya.

Why Sectional Titles Are Now the Legal Standard

1. Mandated by Government Regulations

The Ministry of Lands and Physical Planning has declared that all new apartment developments in Kenya must be registered under sectional plans. Additionally, apartment units previously held under long-term leases must be converted to sectional titles. Without a valid sectional title, no property transaction in Kenya—whether it’s a sale, mortgage, transfer, or succession—can be processed at the land registry.

These mandatory changes were announced through Gazette Notices in 2021 and 2023, firmly establishing sectional titles as the legal standard in apartment transactions.

2. Stronger Legal Protection for Apartment Owners

Owning an apartment through a sectional title means you hold a registered and enforceable property right. This title gives you full legal protection under Kenyan land laws and allows you to:

Transfer ownership
Secure a mortgage from Kenyan banks or SACCOs
Bequeath the unit to your heirs through succession

In effect, a sectional title offers the same legal certainty as owning land.

3. Simplified Financing and Mortgage Eligibility

Most financial institutions in Kenya, including commercial banks and SACCOs, now require sectional titles to approve apartment loans. Buyers benefit from:

Quicker and more accurate due diligence checks
A legally verified and registered title deed for the apartment
Simplified financing, thanks to clearly defined ownership

With a sectional title, you significantly increase your chances of qualifying for apartment mortgage financing in Kenya.

4. Efficient and Transparent Property Management

Once an apartment development is registered under a sectional plan, the law mandates the creation of a Body Corporate (Management Corporation). This entity is made up of all apartment unit owners and is responsible for:

Managing shared areas like hallways, gardens, lifts, and security systems
Enforcing community by-laws
Collecting service charges for repairs and maintenance

This structure makes property management in apartments more accountable, organized, and dispute-free.

5. Better Resale Value and Marketability

Apartments with registered sectional title deeds are easier to sell, transfer, or mortgage. The market is rapidly shifting, with most buyers and lenders only willing to deal with properties compliant with the Sectional Properties Act.

Properties without sectional plans are increasingly viewed as risky and often face delays during transactions, lower resale value, and difficulty accessing financing.

Legal Process of Buying a Sectional Title Apartment in Kenya

At WKA Advocates, we provide end-to-end legal support for buying apartments in Kenya. Here’s a step-by-step guide to the legal process involved:

✅ Step 1: Property Due Diligence

We begin with comprehensive due diligence, which includes:

Conducting a title search at the land registry
Verifying the sectional plan registration
Confirming developer compliance with the Sectional Properties Act, 2020

This helps prevent fraud and ensures that the apartment is legally compliant and transferable.

✅ Step 2: Reviewing the Apartment Sale Agreement

Our lawyers will review or draft the sale agreement to:

Ensure the terms protect your rights as the buyer
Clarify the seller’s responsibilities, such as obtaining approvals and completing registration
Confirm alignment with real estate transaction laws in Kenya

✅ Step 3: Transfer Documentation and Stamp Duty

We oversee the preparation and signing of all transfer documents and:

Ensure accurate payment of stamp duty
Submit the documents to the Ministry of Lands for registration
Follow up on processing until the transaction is complete

✅ Step 4: Issuance of Title Deed

Upon registration, you will receive a:

Certificate of Lease (for leasehold land), or
Certificate of Title (for freehold land)

This confirms that you are the legally registered owner of the apartment unit.

Risks to Avoid When Buying an Apartment in Kenya

Buying Apartments Without Sectional Titles
Units still held under long-term leases are no longer valid. Avoid properties that haven’t been converted under the Sectional Properties Act.
Purchasing Non-Compliant Units
Check whether the development has an approved sectional plan, proper building approvals, and compliance with county government zoning regulations.
No Registered Body Corporate
If the developer hasn’t registered the Corporation, managing shared spaces legally may be impossible.
Fake or Incomplete Documentation
To avoid real estate fraud in Kenya, only deal with approved developers and always involve a qualified property lawyer.

How WKA Advocates Supports Buyers

As leading property law experts in Kenya, we:

Conduct title verification and due diligence
Draft and review contracts
Handle apartment ownership transfers and registration
Ensure compliance with all land and sectional property laws
Represent buyers in resolving disputes or delays

Frequently Asked Questions (FAQs)

1. What is a sectional title in Kenya?
A sectional title is a registered title deed that gives you ownership of a specific apartment unit and shared access to common property.

2. Can I buy an apartment using a long-term lease?
No. Under the current Sectional Properties Act, only sectional titles are recognized for apartment ownership.

3. How can I confirm an apartment has a valid sectional title?
Request a copy of the title deed and conduct a search at the land registry. WKA Advocates can handle this verification for you.

4. Can I get a mortgage with a sectional title?
Yes. Banks and SACCOs in Kenya prefer apartments with sectional titles when issuing loans.

5. What happens if I buy a unit without a sectional title?
You may not be able to register it in your name or use it as loan collateral. It’s also difficult to resell such properties.

6. Who manages the apartment block after purchase?
A Body Corporate is formed automatically upon registration. This entity manages common areas and enforces by-laws.

7. Is hiring a lawyer necessary when buying an apartment in Kenya?
Absolutely. A real estate lawyer in Kenya ensures legal compliance, protects your investment, and manages the transaction efficiently.