Understanding Sectional Property Law in Kenya

The Sectional Properties Act, 2020, has revolutionized property ownership in Kenya, enabling the subdivision of buildings into individual units. As a leading expert in sectional property law in Kenya, Mwenda Njagi & Co. Advocates offers comprehensive legal services to developers, unit owners, and management bodies, ensuring compliance and seamless management of these complex developments.

Key Provisions of the Sectional Properties Act, 2020

The Sectional Properties Act, 2020, which replaced the Sectional Properties Act, 1987, provides a robust framework for registering and managing properties that are subdivided into units. Central to this Act is the concept of a 'body corporate' automatically formed upon registration of the development, which manages the common property and enforces rules. Our role as sectional property law experts in Kenya involves guiding clients through the intricate process of creating and registering sectional plans with the Land Registrar. This includes ensuring compliance with requirements for common property, exclusive use areas, and the allocation of unit entitlements, which determine a unit owner's share in the common property and their contribution to the body corporate's expenses. Understanding these provisions is crucial for all stakeholders.

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Mwenda Njagi & Co. Advocates

Registration Process and Unit Owner Rights

Successfully registering a sectional property development in Kenya involves several critical steps. Mwenda Njagi & Co. Advocates meticulously guides developers through the application for a sectional plan, which requires detailed architectural drawings and a survey report. Upon approval by the Director of Surveys, the plan is submitted to the Land Registrar for registration, leading to the issuance of individual title deeds for each unit. For unit owners, our expertise ensures a clear understanding of their rights and obligations, including voting rights in the body corporate, responsibility for paying service charges as determined by unit entitlements, and the right to use common facilities. We also advise on the proper procedures for transferring unit ownership and managing any disputes that may arise within the body corporate or between unit owners and developers.

Legal Representation in Kenya

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

Legal Services for Developers and Unit Owners

Lawyer explaining sectional property law in Kenya

Whether you are a developer seeking to subdivide a building or a unit owner navigating your rights, Mwenda Njagi & Co. Advocates provides specialized legal support in sectional property law in Kenya. Our services include drafting and reviewing sectional plans, managing the registration process with the Land Registry, advising on the formation and governance of bodies corporate, and resolving disputes. For developers, our fees typically range from KES 50,000 to KES 300,000 per project, depending on size and complexity. For individual unit owners, we offer consultation and representation services, with hourly rates ranging from KES 5,000 to KES 15,000. Our commitment is to provide clear, actionable legal advice that protects your interests within the framework of the Sectional Properties Act.

Frequently Asked Questions

What is the primary purpose of Kenya's Sectional Properties Act, 2020?
The Sectional Properties Act, 2020, primarily enables the legal subdivision of a building into units and common property, allowing for the creation of individual titles for each unit. This legislation, expertly navigated by Mwenda Njagi & Co. Advocates, simplifies ownership and management of multi-unit developments like apartments and offices.
How does a sectional property developer get their building registered in Kenya?
A developer must first obtain approval for a sectional plan from the Director of Surveys. This plan, detailing each unit and common areas, is then submitted to the Land Registrar for registration. Our firm, Mwenda Njagi & Co. Advocates, manages this entire process to ensure statutory compliance and efficient registration.
What are the legal responsibilities of a unit owner in a sectional property development in Kenya?
Unit owners are legally responsible for paying their share of maintenance costs for common property, adhering to the body corporate's rules, and participating in body corporate meetings. They also have rights to use common areas and vote on management decisions. Our experts at Mwenda Njagi & Co. Advocates can clarify these responsibilities and rights.