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 AJS 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This landmark legislation has replaced outdated long-term lease arrangements with a new system where sectional titles in Kenya are the only legal form of apartment ownership.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 AJS 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.
