How to Ensure Compliance with the Sectional Properties Act in Kenya

Customized for WKA Advocates – Experts in Apartment Law, Sectional Titles, and Real Estate Transactions in Kenya

The Sectional Properties Act, 2020 fundamentally transformed the real estate landscape in Kenya, particularly in the management, sale, and ownership of apartments, maisonettes, gated communities, flats, and townhouses. As urban development surges in cities like Nairobi, Mombasa, Kisumu, Eldoret, and Nakuru, legal compliance with the Sectional Properties Act is not just essential—it’s mandatory for anyone involved in property development, conveyancing, property management, or real estate investment in Kenya.

At WKA Advocates, a top law firm in Kenya specializing in real estate law, apartment ownership, conveyancing, and sectional title conversion, we help clients navigate the complexities of this law to ensure full legal compliance, protect ownership rights, and enhance property value.

What is the Sectional Properties Act, 2020?

The Sectional Properties Act, 2020 repealed the 1987 version and works hand-in-hand with the Land Registration Act, 2012. It provides a comprehensive legal framework that allows:

Sub-division of buildings into units or sections,
Separate ownership of individual units,
Joint ownership of common property, and
Establishment and governance of Owners’ Management Companies (OMCs).

This law is now the legal standard for apartment ownership in Kenya and ensures proper registration, titling, and transfer of sectional units.

Key Compliance Requirements Under the Sectional Properties Act in Kenya

1. Conversion of Long-Term Leases into Sectional Titles

Under the Act, existing developments with leases exceeding 21 years must be converted into sectional units. This process involves:

Preparing a sectional plan by a licensed surveyor.
Submitting it for approval by the Director of Surveys.
Registering the plan at the Lands Registry.
Issuing individual title deeds for each unit.

WKA Advocates supports clients with the legal, procedural, and technical aspects of lease conversion, ensuring a seamless transition.

2. Registration of Sectional Plans

To comply with the law:

A registered surveyor must prepare a detailed sectional plan defining unit boundaries and common property.
It must comply with the Land Survey Act and receive approval from the Survey of Kenya.
The plan must be registered under the Land Registration Act.

Our legal team at WKA Advocates ensures your sectional plans are approved and registered without delays or legal errors.

3. Formation and Registration of Owners’ Management Companies (OMCs)

Every sectional development must have a Management Company responsible for:

Maintaining common areas and shared amenities.
Enforcing by-laws and resolving disputes.
Collecting service charges and managing budgets.

We assist in incorporating OMCs, drafting Memorandums and Articles of Association, and registering compliant by-laws under Kenyan law.

4. Drafting and Registration of By-Laws

By-laws must outline:

Permissible use of units and common areas.
Noise, pets, parking, and alterations.
Responsibilities for maintenance, repairs, and security.
Dispute resolution processes.

WKA Advocates drafts legally binding and customized by-laws tailored to each development’s unique features and challenges.

5. Full Disclosure by Property Developers

To enhance transparency, developers must provide:

Registered sectional plans,
Estimated service charges,
OMC details and roles,
Defined usage of common areas.

We support developers in preparing compliance-ready disclosure statements that meet buyer protection standards under Kenyan property law.

6. Legal Transfer and Registration of Units

For legal transfers:

Sellers must provide valid title deeds and clearances on rates and service charges.
Transfers must be executed through registered conveyancing procedures.

WKA Advocates offers professional conveyancing services to ensure that each sale, gift, or succession transfer meets legal and registry requirements.

7. Dispute Resolution Mechanisms

Disputes often arise over:

Access and use of common areas,
Failure to pay levies,
Breaches of by-laws,
Mismanagement by OMCs.

We offer alternative dispute resolution (ADR) including arbitration, mediation, and tribunal representation, alongside litigation support.

Consequences of Non-Compliance with the Sectional Properties Act

Failing to comply can lead to:

Inability to sell, transfer, or mortgage units,
Delays in registration of titles,
Legal disputes with other owners or the OMC,
Loss of financing from banks or SACCOs,
Fines, deregistration, or invalidated documents.

How WKA Advocates Supports Sectional Title Compliance in Kenya

We offer a full suite of legal services for:

Property developers launching new apartment blocks or gated communities,
Landlords converting to sectional titles,
Investors and buyers seeking due diligence and title registration,
OMCs requiring governance and operational support.

Our specialized real estate services include:

Sectional plan registration,
OMC formation and documentation,
Lease conversion and title processing,
Conveyancing and legal transfers,
By-law drafting and enforcement support,
Litigation and ADR for sectional disputes.

FAQs: Understanding Sectional Title Compliance in Kenya

1. What is a sectional plan in Kenya?
A sectional plan is a legal survey that divides a building into individually owned units and shared common areas, required for title issuance under the Act.

2. Who must convert leases to sectional titles?
Any property owner with a lease exceeding 21 years, especially for apartments or maisonettes, must convert to sectional titles for compliance.

3. How long does sectional title conversion take?
Typically 2–6 months, depending on documentation, survey timelines, and approval from the Land Registry.

4. Can I sell an apartment without converting to a sectional title?
It’s possible but highly discouraged. Most banks, SACCOs, and buyers demand proper titles issued under the Sectional Properties Act.

5. What happens to shared spaces like parking and playgrounds?
They become common property, owned and managed jointly by all unit owners through the OMC.

6. Is joining the OMC mandatory?
Yes. Upon buying a unit, an owner automatically becomes a member of the Owners’ Management Company.

7. Can disputes be taken to court?
Yes, but the Act encourages alternative dispute resolution such as arbitration and mediation before filing a lawsuit.

8. What are the legal costs involved?
Legal fees vary based on development size and services required. WKA Advocates offers affordable, transparent pricing tailored to your project.

9. Does the law apply to gated communities?
Yes, especially where there are multiple units (e.g., maisonettes, townhouses) under long-term leases with shared amenities.

10. How do I begin the compliance process?
Start with a property compliance audit by WKA Advocates. We’ll assess your legal status and help you initiate sectional conversion, plan registration, and OMC formation.

Partner with WKA Advocates for Sectional Title Compliance

Compliance with the Sectional Properties Act is now a legal necessity for property owners, buyers, and developers in Kenya. From smooth title registration to effective OMC governance, legal support is critical to maintaining property value, securing financing, and protecting your investment.

At WKA Advocates, we’re proud to be recognized as a leading real estate and conveyancing law firm in Kenya, trusted by developers, buyers, and estate managers across Nairobi and the entire country.

📞 Contact WKA Advocates today for a free consultation or property compliance check and let our legal experts help you ensure full, seamless compliance with Kenya’s property laws.