Sectional Property Registration in Kenya

By admin
July 3, 2025

Sectional Property Registration in Kenya: Legal Process, Requirements & Pitfalls

Sectional property registration is essential for legal ownership, compliance, financing, and long-term investment protection. With Kenya’s regulatory landscape shifting, failing to register or convert your apartment units can lead to disputes, marketability issues, or financing obstacles.

As Kenya’s urban population grows and demand for apartments and gated communities rises in cities like Nairobi, Mombasa, Kisumu, Nakuru, Eldoret, and Thika, the Sectional Properties Act, 2020 has become the cornerstone of apartment ownership. This transformative law allows for individual ownership of housing units, such as flats, townhouses, and maisonettes, supported by registered sectional titles.

However, sectional property registration in Kenya is far from straightforward. It involves technical compliance with legal, survey, and planning regulations. Mistakes or omissions can lead to delays, title rejections, or legal disputes.

At WKA Advocates, we specialize in apartment registration, sectional title conversion, compliance, and dispute resolution. This comprehensive guide outlines the full legal process, documentation requirements, and the most common pitfalls in sectional property registration.

What is Sectional Property Registration in Kenya?

Sectional property registration refers to the legal conversion of a multi-unit property (such as an apartment block or townhome complex) into individually owned units, each with its own title deed or Certificate of Lease.

The process is governed by:

Sectional Properties Act, 2020
Land Registration Act, 2012
Survey Act
County Government Planning & Building Laws
Ministry of Lands & Physical Planning Guidelines

Upon successful registration:

Each unit owner receives a Certificate of Lease or Title Deed.
A Corporation (Body Corporate) is automatically formed to manage shared property.
The mother title is cancelled and replaced with sectional titles.

Why Sectional Title Registration Matters

Sectional title registration is no longer optional—it is now legally mandatory for apartments and multi-dwelling units. Key benefits include:

✅ Legal Ownership: Secure, registrable proof of property rights.
✅ Ease of Sale & Financing: Banks and buyers demand title deeds, not long-term leases.
✅ Regulatory Compliance: Avoid penalties and delays under the new law.
✅ Transparency: Clear boundaries between individual and shared ownership.
✅ Estate Planning: Supports inheritance and succession planning.
✅ Increased Property Value: Registered titles enhance property marketability.

Step-by-Step Legal Process of Sectional Property Registration in Kenya

1. Legal Audit and Title Due Diligence

Title search at the land registry
Confirm mother title status: leasehold vs freehold
Check for encumbrances, restrictions, or charges
Assess zoning and planning approvals

2. Preparation of Sectional Plan

Conducted by a licensed surveyor and geo-referenced
Defines unit boundaries, common property, and exclusive-use areas (e.g., balconies, parking)
Must comply with the Survey Act and be approved by the Director of Surveys

3. Obtain Building & Planning Approvals

Approved architectural plans from County Government
Occupation Certificate
Change of Use Certificate (if applicable)
Compliance with zoning regulations

4. Application for Registration with the Ministry of Lands

WKA Advocates will prepare and lodge the application with:

Original mother title
Approved sectional plan
Clearance certificates for land rent & rates
Surrender of old long-term leases
IDs, KRA PINs, and incorporation documents (if applicable)

5. Issuance of Sectional Titles

Long-term leases cancelled
Each unit registered independently
Owners receive individual Certificates of Lease/Title
A Body Corporate is automatically established

6. Formation and Governance of the Corporation

WKA Advocates will:

Draft and file custom by-laws
Convene the first general meeting
Structure management, levies, voting rights, and dispute mechanisms

Common Pitfalls in Sectional Property Registration in Kenya

1. Non-Compliant Sectional Plans

Missing geo-referencing
Poor delineation of unit boundaries
No indication of exclusive-use areas
✅ WKA Advocates collaborates with licensed surveyors to ensure accuracy.

2. Encumbered or Missing Mother Title

Titles charged to banks or missing
✅ We secure consent from chargees or initiate legal recovery of lost titles.

3. Lack of County Planning Approval

No occupation certificate or change-of-use approval
✅ We engage with county offices to regularize such documentation.

4. Developer Inactivity or Disputes

Developer has exited or refuses to initiate registration
✅ We help unit owners initiate the process through collective legal action.

5. Outdated Lease Agreements

Old lease templates conflict with the new sectional titles regime
✅ We review, harmonize, and convert leases into compliant ownership documents.

6. Poor Governance Structures

Failure to establish a Body Corporate leads to disputes
✅ We create enforceable governance structures and transparent systems.

WKA Advocates – Your Trusted Partner for Sectional Property Registration

We offer end-to-end legal support for developers, property managers, apartment buyers, and homeowners:

✅ Title searches and due diligence
✅ Surveyor and architect coordination
✅ Application preparation and document filing
✅ By-law drafting, registration, and compliance monitoring
✅ Body Corporate formation and training
✅ Dispute resolution and representation

FAQs – Sectional Property Registration in Kenya

Q1: Is sectional property registration mandatory in Kenya?
Yes. All apartments and flats must be registered under the Sectional Properties Act, 2020, and existing long-term leases converted.

Q2: How long does the process take?
It typically takes 3 to 6 months, depending on the availability of documents and registry timelines.

Q3: Can individual owners initiate registration?
Yes. If the developer is unavailable, unit owners can initiate the conversion with legal support from WKA Advocates.

Q4: What is a sectional plan?
It’s a geo-referenced survey map defining each unit, its boundaries, and the common areas within the property.

Q5: What happens to my long-term lease?
It will be surrendered and replaced by a registered sectional title (Certificate of Lease).

Q6: What if the property lacks planning approvals?
We assist with retrospective compliance and legal approvals, where permissible.

Q7: What is a Corporation (Body Corporate)?
A legal entity created upon registration that manages shared property, enforces by-laws, and collects service charges.