Navigating the Legal Requirements to Initiate Title Conversion for Apartments in Kenya

Customized for WKA Advocates – Kenya’s Leading Experts in Sectional Title Conversions and Real Estate Law

Introduction

Kenya’s urban real estate market—particularly in Nairobi, Mombasa, Nakuru, and Kisumu—has seen a surge in apartment developments. However, many property owners still hold outdated long-term leasehold titles, which are no longer compliant with the Sectional Properties Act, 2020.

To comply with current property and land registration laws, the Kenyan government now requires conversion of all qualifying apartment developments to sectional titles. This move aligns with modern land management systems and ensures legal recognition of individual units.

Whether you’re a developer, apartment owner, housing cooperative, or SACCO, initiating title conversion in Kenya is both a legal obligation and a strategic move to safeguard property rights, enable apartment sales and transfers, access mortgage financing, and comply with ArdhiSasa—the digital land registration platform.

At WKA Advocates, we provide full legal support to navigate the apartment title conversion process in Kenya—from title audits to final registration.

Why Title Conversion Is Mandatory Under Kenyan Law

Under the Sectional Properties Act, 2020 and supporting land registry gazette notices, the law mandates that:

Apartments, flats, townhouses, and maisonettes developed on a single parcel of land and held under long-term leases (over 21 years) must be converted into sectional titles.
Such properties must be registered under approved sectional plans for future land transactions—sales, transfers, charges, succession, or subdivision—to be recognized.

Failure to convert renders the property ineligible for registration, limiting access to loans, sales, and inheritance rights.

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Who Can Start the Title Conversion Process?

Any of the following parties can legally initiate the conversion:

The original proprietor or developer of the property
An individual apartment unit owner
A group of unit owners
A registered management company or homeowners’ association (HOA)

Whether you are converting a single apartment unit or multiple titles in a development, WKA Advocates ensures legal compliance and a smooth transition.

Legal Requirements for Converting Leasehold Apartments to Sectional Titles

To start a compliant title conversion process in Kenya, ensure the following:

1. Valid Long-Term Lease

The apartment must be under a registered lease of 21 years or more, with clearly defined unit boundaries.

2. Mother Title Availability

You must produce the original mother title. If the title is charged (e.g., mortgaged), obtain written consent from the lender.

3. Compliance with County and Planning Laws

Required approvals include:

Approved architectural and structural plans
Occupation certificate for completed buildings
Change-of-use approval, if applicable

4. Preparation of a Sectional Plan

Prepared by a licensed surveyor, the sectional plan should indicate:

Unit boundaries and size
Common property areas
Exclusive-use areas like balconies and parking bays
Geo-referencing, per Director of Surveys standards

5. Legal Documentation and Professional Filing

Legal documents needed include:

Surrender and preparation of new leases
Registration application under the Sectional Properties Register
Drafting of by-laws for the Body Corporate

WKA Advocates ensures full compliance with the Land Registration Act, 2012, the Survey Act, and the Sectional Properties Act, 2020.

Step-by-Step Title Conversion Process in Kenya

Step 1: Title Review and Legal Audit
We conduct a due diligence check on:

The mother title
Registered leases
Encumbrances (charges, caveats, or restrictions)

Step 2: Appointment of Licensed Surveyor
A registered surveyor is engaged to prepare and submit the sectional plan to the Director of Surveys.

Step 3: Documentation and Submission to the Ministry of Lands
We compile and submit:

Sectional plan
Mother title and original leases
Registration application
KRA PINs and identification documents
Land rent and rates clearance certificates
Lender’s consent (if the title is charged)

Step 4: Registration of Sectional Titles
Upon approval:

The original leases are surrendered
New Certificates of Lease are issued for each apartment under the Sectional Properties Register

Step 5: Formation of the Corporation (Body Corporate)
A Corporation is automatically created upon registration. We assist in:

Drafting and registering by-laws
Organizing the first AGM of unit owners
Setting up governance and banking systems

Key Legal Documents Required for Title Conversion

Original mother title
Existing long-term lease agreements
Approved building and architectural plans
Sectional plan by licensed surveyor
Land rent and rates clearance certificates
KRA PIN, national ID, or certificate of incorporation
Lender’s consent (for charged properties)

Benefits of Converting to Sectional Titles

Full property ownership rights under Kenyan land law
Easier apartment sale, mortgage, and transfer
Better compliance with land and property laws
Access to ArdhiSasa for digital land transactions
Enhanced governance through the Body Corporate
Legal recognition of exclusive-use and common areas
Stronger dispute resolution frameworks for unit owners

Challenges and How WKA Advocates Helps

Challenge	WKA Advocates’ Solution
Missing or encumbered mother title	We assist in retrieving or negotiating consent with lenders
Developer is defunct or unreachable	We support owners to collectively initiate conversion
Boundary or unit size disputes	We mediate or pursue legal redress where necessary
Non-compliance with approvals	We guide you on regularization with county authorities

We ensure every application is legally sound, thoroughly documented, and professionally executed.

Frequently Asked Questions (FAQs)

1. Is converting to sectional title mandatory in Kenya?
Yes. All apartments held under long-term leases must be converted to sectional titles per the Sectional Properties Act, 2020.

2. Can I initiate conversion as a single apartment owner?
Yes, you can. WKA Advocates can help you proceed even if the developer is absent.

3. What is the typical duration for title conversion?
The process takes 3 to 6 months, depending on documentation and government processing speed.

4. What happens to my existing lease?
It is legally surrendered and replaced with a new sectional title deed.

5. Can I convert a mortgaged apartment?
Yes, but you must obtain the lender’s written consent.

6. What does the process cost?
Costs vary based on the number of units and complexity. We offer cost-effective packages for individuals, developers, and co-owners.

7. My apartment lacks occupancy approvals. Can I convert?
WKA Advocates will assist in regularizing your development before starting conversion.