Sectional Titles in Kenya Explained

What You Need to Know About Sectional Titles in Kenya for Villas and Apartments

By admin
November 11, 2025

🏡 What You Need to Know About Sectional Titles in Kenya for Villas and Apartments

Learn how sectional titles work for apartments and villas in Kenya. WKA Advocates explain ownership, conversion, and compliance under the Sectional Properties Act 2020.

As Kenya’s urban centers continue to expand, vertical and gated community living has become the new normal. Across Nairobi, Kiambu, Mombasa, Nakuru, and Kisumu, demand for apartments, villas, and townhouses has surged.

For decades, however, ownership of such properties was legally insecure — buyers were issued sub-leases from developers rather than government-backed title deeds. This left homeowners with limited rights while developers retained control through the “mother title.”

This uncertainty changed with the enactment of the Sectional Properties Act (SPA), 2020 — a transformative law that introduced a transparent, bankable, and ownership-secure model for multi-unit properties.

At WKA Advocates, we guide both developers and buyers through the entire sectional titling process — from planning approval and survey coordination to registration and title issuance.

1. Understanding Sectional Titles in Kenya

A sectional title gives an individual ownership of a specific unit (like an apartment or villa) while sharing ownership of common areas such as roads, gardens, parking, and swimming pools.

You own two distinct legal interests:

Private Property (Your Unit): Direct ownership of your apartment or villa, including its interior walls, ceiling, and floors. A Certificate of Title (for freehold) or Certificate of Lease (for leasehold) is issued in your name by the Land Registrar.
Common Property: Shared ownership of communal facilities with other unit owners, registered as tenants in common. Your ownership share is legally inseparable from your unit.

2. The Old System vs. the New Legal Framework

The Sectional Properties Act, 2020 replaced the outdated sub-lease regime under the Registered Titles Act (RTA) and Companies Act.

Under the old system, developers retained the mother title, while banks hesitated to finance such properties due to unclear ownership structures.

Key Differences:

Old Regime: Long-term sub-leases, weak buyer rights, and developer dominance.
New Framework: Government-issued Sectional Titles, full unit ownership, and developer exit upon registration.
Financing: Banks now accept Sectional Titles as clean, bankable collateral.

This shift has revolutionized real estate financing and homeownership security in Kenya.

3. How Sectional Titles Are Created

The creation of a sectional title involves legal, technical, and administrative steps aligned with the:

Sectional Properties Act (2020)
Land Registration Act (2012)
Survey Act

At WKA Advocates, we collaborate with registered surveyors, architects, and county planners to ensure efficient and compliant registration.

Process Overview:

Development: The developer constructs on the mother title.
Sectional Plan Preparation: A licensed surveyor prepares a geo-referenced plan identifying all units and common areas.
Approvals: Plan approved by the Director of Surveys and respective County Government.
Registration: Land Registrar closes the mother title and opens new registers for each unit.
Issuance: Certificates of Title or Lease issued to individual owners.
Corporation Formation: Upon registration, an Owners’ Corporation is automatically created under Section 17 of the SPA.

4. The Management Corporation — Empowering Owners

Under the Sectional Properties Act (SPA) 2020, every development automatically forms an Owners’ Corporation, which replaces outdated management company models.

Key Responsibilities:

Manage and maintain common property.
Collect and account for service charges.
Insure buildings and enforce by-laws.
Hire property managers and oversee governance.

WKA Advocates assists Corporations with by-law drafting, AGMs, and legal compliance frameworks to ensure sound property management and transparency.

5. Why Buyers Should Insist on Sectional Titles

For anyone buying an apartment, maisonette, or villa, Sectional Titles are the gold standard of ownership. WKA Advocates advises all clients to avoid outdated sub-leases and demand proper titles under SPA 2020.

Benefits:

✅ Secure, government-backed title deeds.
✅ Easier access to bank financing and mortgages.
✅ Statutory protection under SPA 2020.
✅ Transparent, democratic Owners’ Corporation management.
✅ Developer’s control fully extinguished post-registration.
✅ Legal clarity and registered sectional plans.

6. Due Diligence Before Buying a Unit

Before committing to a purchase, WKA Advocates’ conveyancing lawyers perform in-depth due diligence to verify:

Whether the Sectional Plan is registered.
The unit’s legal title number and ownership status.
The operational status of the Owners’ Corporation.
Validity of by-laws, budgets, and service charge accounts.

If a developer sells under the old framework, WKA compels conversion or compliance through legal notice filings to safeguard the buyer’s ownership rights.

7. Converting Old Sub-Lease Developments

Following a directive by the Ministry of Lands, all existing apartment and gated villa developments registered under the old system must convert to sectional titles.

WKA Advocates supports this through:

Preparation and registration of Sectional Plans.
Closing of mother titles and opening new registers.
Lodging conversion applications and conducting compliance audits.
Owner training and legal advisory sessions on SPA obligations.

This ensures older developments remain compliant and legally bankable.

8. The WKA Advantage — Trusted Legal Guidance in Real Estate

As one of Kenya’s leading conveyancing law firms, WKA Advocates brings unmatched expertise in property structuring, real estate compliance, and bankable titling.

Our Services Include:

Structuring and registering new developments under SPA 2020.
Converting old sub-leases to sectional titles.
Advising on bank charges and mortgage structuring.
Drafting Owners’ Corporation by-laws and governance manuals.
Conducting property due diligence and legal audits.

Our Real Estate & Conveyancing Department comprises advocates, planners, and surveyors dedicated to delivering secure, compliant, and finance-ready ownership solutions.