Registration Process and Legal Implications of Sectional Titles in Kenya

By admin
October 15, 2025

Registration Process and Legal Implications of Sectional Titles in Kenya

By WKA Advocates — Kenya’s Leading Real Estate, Conveyancing & Property Law Firm

Kenya’s real estate landscape has evolved rapidly — with apartments, gated communities, and mixed-use developments dominating cities like Nairobi, Mombasa, Kisumu, and Nakuru.
To manage this transformation and enhance property ownership transparency, the Sectional Properties Act, 2020 introduced a modern legal framework for Sectional Titles.

If you own or plan to buy a condominium, apartment, or maisonette in a shared development, understanding how Sectional Titles work — and how to register them — is crucial.

At WKA Advocates, we advise developers, landowners, investors, and buyers on sectional title registration, compliance, and ownership rights. Here’s a full breakdown of the process and legal implications.

🧭 1. What Is a Sectional Title in Kenya?

A Sectional Title is a registered ownership document that allows individual ownership of a specific unit (such as an apartment or maisonette) within a multi-unit development.

It enables:

Individual ownership of a private unit (e.g., apartment).
Shared ownership of common areas such as parking, corridors, gyms, and swimming pools.

Sectional titles replaced the old “share certificate” model where buyers held shares in a management company rather than direct property ownership.

⚖️ 2. Legal Framework for Sectional Titles

The governing law is the Sectional Properties Act, 2020, supported by the Land Registration Act, 2012 and the Land Act, 2012.

The new Act repealed the Sectional Properties Act, 1987, modernizing the registration process and aligning it with current land registration systems.

The Ministry of Lands and Physical Planning now oversees the conversion of existing developments into Sectional Titles.

🧱 3. Key Features of Sectional Ownership

Individual Title: Every unit owner gets a separate title deed registered under their name.
Common Property: Shared areas (driveways, gardens, elevators) are co-owned by all unit owners.
Management Corporation: Automatically created upon registration — responsible for managing common areas.
By-laws: Set rules for maintenance, use, and management of the property.
Voting Rights: Owners vote on management and financial decisions based on their unit’s proportionate value.

🏗️ 4. The Sectional Title Registration Process

Registering a sectional title follows a specific legal procedure, whether for new developments or existing properties being converted.
WKA Advocates assists clients in navigating each step efficiently and in compliance with Kenyan property law.

Step-by-Step Process

Preparation of a Sectional Plan:
A registered surveyor prepares a Sectional Plan showing units, dimensions, common areas, and parcel numbers.
Approval of the Sectional Plan:
The plan must be approved by the Director of Surveys under the Survey Act.
Submission to the Land Registrar:
The developer or landowner lodges the approved plan with the Land Registry, along with the existing mother title.
Opening of Separate Registers:
The Land Registrar opens separate folios for each unit and cancels the mother title.
Issuance of Sectional Titles:
Each unit owner receives an individual Title Deed (Leasehold or Freehold) showing ownership of their specific unit.
Formation of a Management Corporation:
Created automatically at registration — all unit owners become members responsible for managing the common property.
Registration of By-Laws:
Rules governing repairs, maintenance, and usage are registered at the Lands Registry.

🧾 5. Legal Documents Required for Sectional Title Registration

Original Mother Title Deed
Approved Building and Architectural Plans
Sectional Plan (Surveyor’s drawings)
Certificate of Compliance from County Government
Land Rent and Rates Clearance Certificates
Application Form under the Sectional Properties Regulations, 2021
Consent to Register from the Land Control Board (if applicable)

💼 6. Benefits of Sectional Titles

For Buyers

Direct and secure ownership of property.
Easier transfer, sale, or mortgage of units.
Enhanced transparency in property management.
Protection against developer insolvency or mismanagement.

For Developers

Streamlined sales and financing.
Legal clarity when transferring units.
Increased investor confidence.

For Financiers

Clear collateral for mortgage or loan security.
Improved valuation accuracy.

⚠️ 7. Legal Implications and Owner Responsibilities

Ownership Rights:
Owners have exclusive rights to their unit and proportional rights in common areas.
Maintenance Obligations:
The Management Corporation (MC) is responsible for maintaining shared spaces; unit owners contribute through service charges.
Dispute Resolution:
Disputes among owners or between the MC and members can be resolved through mediation, arbitration, or court under the Sectional Properties Act.
Transfer or Mortgage:
Units can be sold, transferred, or mortgaged individually, unlike before when buyers held shares in a management company.
Insurance:
The MC must maintain insurance for common areas, while owners insure their units individually.
Voting and Governance:
Decisions are made collectively during annual general meetings (AGMs).

🌍 8. Conversion of Existing Developments

The 2020 Act requires developers and management companies holding old share certificates to convert properties into Sectional Titles within a defined transition period.

The conversion involves:

Surrendering the mother title.
Submitting a new Sectional Plan.
Registration of new Sectional Titles for each unit.

WKA Advocates assists property owners, management companies, and housing cooperatives to transition their developments into fully compliant sectional properties under the new law.

🧩 9. Common Challenges in Sectional Title Registration

Delayed approvals from survey and land offices.
Unapproved building or structural deviations.
Missing documentation (especially old titles).
Failure to form a functioning Management Corporation.
Disputes over common property boundaries or service charge obligations.

Our property law experts ensure compliance with all statutory requirements, reducing delays and future disputes.

🧑‍⚖️ 10. Why Choose WKA Advocates

WKA Advocates provides end-to-end legal assistance in:

Sectional Plan review and preparation.
Developer and buyer representation.
Registration and conversion of existing titles.
Management Corporation formation.
Compliance with the Sectional Properties Act, 2020.
Dispute resolution and regulatory guidance.

Our clients include developers, real estate investors, management companies, and homeowners associations across Kenya.

📞 Call: +254 798 035 580
📧 Email: info@wka.co.ke
🌐 Website: www.wka.co.ke
📍 Office: Valley View Business Park, 6th Floor, Suite 35, Parklands, Nairobi

❓ FAQs: Sectional Titles in Kenya

1️⃣ What is a sectional title?

It’s a property ownership model where you own your specific unit and co-own the common areas with other unit holders.

2️⃣ How is a sectional title different from a share certificate?

A sectional title gives you a registered title deed, while a share certificate only gives ownership in a management company — not direct ownership of your unit.

3️⃣ Who prepares the sectional plan?

A registered surveyor licensed by the Director of Surveys under the Survey Act.

4️⃣ How long does the registration process take?

Typically 60–120 days, depending on document readiness and registry workload.

5️⃣ Can foreigners own sectional titles in Kenya?

Yes, under leasehold tenure (99 years), provided the property is not on agricultural land.

6️⃣ Do I need a lawyer for sectional title registration?

Yes. A property lawyer ensures all documentation, consents, and filings comply with the Sectional Properties Act, 2020.

7️⃣ What happens if a management corporation is not formed?

The property risks mismanagement and legal disputes — formation is mandatory upon registration.

8️⃣ Can old developments be converted into sectional titles?

Yes. Existing developments must be converted under the 2020 Act to remain legally compliant.

9️⃣ Who pays for maintenance of common areas?

All unit owners contribute through monthly or annual service charges, managed by the Management Corporation.

🔟 How can WKA Advocates help?

We handle registration, conversion, compliance audits, and legal advisory for both developers and unit owners under the Sectional Properties Act, 2020.

Conclusion

The Sectional Titles regime is a game-changer for Kenya’s property sector — promoting transparency, legal certainty, and individual ownership in multi-unit developments.

Whether you’re a developer registering a new apartment block, a homeowner converting an old title, or an investor buying a condominium, professional legal guidance ensures compliance and protection.

At WKA Advocates, we simplify the process — from drafting to registration — helping you secure ownership and peace of mind in your real estate investment.