[BUYING AND SELLING REAL ESTATE IN KENYA]
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• Include a schedule with whole numbers showing the unit factor (share value) for each unit; • Be signed by the registered owner of the land; • Be signed and sealed by the relevant survey authority; and • Clearly state who is allowed to use each unit. The original register for the mother title is closed, and separate registers have been opened for each unit, as shown in the plan. This happens once the sectional plan is approved and registered at the land registry. When they register, each unit owner gets either a Certificate of Title (for freehold land) or a Certificate of Lease (for leased land). The Sectional Properties Act, 2020, also says that unit owners can form a corporation to manage and own common areas. This corporation owns the common property and is responsible for managing, maintaining, and operating it in accordance with the Act and the corporation's bylaws. You can transfer properties registered under the old system (usually through long-term subleases or leases) to the sectional properties system. To convert, you need to send an application to the Registrar of Lands with: • The approved sectional plan; • Copies of the current long-term leases or subleases; • The original certificate of lease or title to the mother property. The Sectional Properties Act, 2020, and its rules have made owning an apartment in Kenya more modern, easier to get a loan (since banks now accept sectional titles as collateral), and more secure, especially when buying off-plan.
ILN Real Estate Group – Buying and Selling Real Estate Series
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