Kenya’s apartment market has grown faster than its property law evolved, until the Sectional Properties Act 2020 came into force. The Act replaced the old long-term-sublease structure with true sectional titles, giving apartment buyers a registerable freehold or long-term-leasehold interest in their unit and a shared interest in common property.
What changed under the Sectional Properties Act 2020?
Previously, apartment buyers took long-term subleases of units built on a single mother title. Under the new Act, developments are converted into sectional plans: each unit becomes a distinct registerable parcel, with common areas owned proportionally through a corporation of unit owners. Existing subleases are deemed sectional propriety leases and can be converted on application.
What should Nairobi apartment buyers check?
- Whether the development is registered under a sectional plan, or still operates on the old sublease structure awaiting conversion
- The unit’s parcel register at the relevant land registry, and any encumbrances
- Service charge obligations and the financial health of the owners’ corporation
- Compliance with county approvals and, for off-plan purchases, the stages at which payments fall due
Conversion questions, especially for older developments in Kilimani, Westlands, and Kileleshwa, can complicate resale and charging. Our conveyancing team in Nairobi advises buyers, developers, and owners’ corporations on sectional conversions and purchases. Get in touch for a confidential consultation.