Expert Legal Guidance on Kenya's Sectional Titles Act

If you are seeking the best advocate for Sectional Titles Act Kenya, you need a legal team with specialized knowledge and a proven track record in this increasingly important area of property law. The Sectional Properties Act, 2020, has revolutionized the ownership of units within buildings, allowing for individual titles to be issued for apartments, offices, and other units. Mwenda Njagi & Co. Advocates possesses the expertise to navigate the complexities of this Act, ensuring your rights as a unit owner or developer are protected.

Understanding the Sectional Properties Act, 2020

The Sectional Properties Act, 2020, is a landmark piece of legislation in Kenya, designed to facilitate the creation of individual titles for units within a larger development, such as apartments, townhouses, or commercial spaces. Previously, owners held shares in a company that owned the entire property. This Act, assented to on September 23, 2020, streamlines the process by allowing for the registration of a Master Title and the subsequent issuance of individual Sectional Titles to unit owners. Key provisions include the establishment of management corporations, the calculation of common property share units, and the process for obtaining these individual titles from the Lands Registry.

Best advocate for Sectional Titles Act Kenya
Mwenda Njagi & Co. Advocates

Why Choose Mwenda Njagi & Co. Advocates as Your Advocate?

As a leading firm for matters concerning the Sectional Titles Act Kenya, Mwenda Njagi & Co. Advocates offers comprehensive services for both developers and individual unit owners. Our expertise includes advising on the initial stages of sectional property development, including the preparation and registration of the necessary plans and documentation with the relevant authorities. For unit owners, we assist with the purchase of units, conducting due diligence on the sectional title, and ensuring the smooth transfer of ownership. We are adept at resolving disputes related to management corporations, service charges, and common property as stipulated under the Act, ensuring compliance with regulations set by bodies like the Property Development and Management Authority (PDMA).

Legal Representation in Kenya

Mwenda Njagi & Co. Advocates provides legal advisory and court representation across Kenya and all 47 counties in Kenya.

Benefits of Sectional Titles and Our Legal Services

Building with multiple units, representing sectional titles in Kenya

The primary benefit of the Sectional Properties Act is the ability to obtain individual titles, which enhances property value and facilitates easier transactions, including financing. When you engage Mwenda Njagi & Co. Advocates, you benefit from our in-depth understanding of the registration process and the associated costs. While there isn't a fixed national fee for a sectional title advocate, our professional fees are competitive and guided by LSK scales, typically ranging from 2.5% to 7% of the property value for conveyancing. We also help clients navigate other costs such as stamp duty (4% for urban properties) and registration fees, providing clarity on the total investment required.

Frequently Asked Questions

What is the difference between a sectional title and a leasehold title in Kenya?
A sectional title is an individual title for a unit within a larger building, governed by the Sectional Properties Act, 2020. A leasehold title is for a parcel of land granted for a specific term, and units on that land may or may not have sectional titles.
Can I get a mortgage to purchase a unit with a sectional title?
Yes, absolutely. The Sectional Properties Act, 2020, makes units more attractive to lenders as they have individual titles. This facilitates easier mortgage applications and approvals for purchasing apartments or other units created under the Act.
We assist developers with preparing and lodging the necessary plans and documents for Master Title registration, advising on the creation of the management corporation, and ensuring compliance with all provisions of the Sectional Properties Act, 2020, to facilitate seamless unit titling.