Buying an apartment is different from buying a standalone parcel of land.
Under Kenya’s Sectional Properties Act, an apartment or other unit can have its own register and its own title or lease, together with a proportionate share in the common property.
That is the basic idea behind sectional ownership.
What is a sectional unit?
A sectional unit is the defined space within a building shown on a registered sectional plan.
The Sectional Properties Act allows the land register to be divided so that each unit has a separate register.
Once the sectional plan is registered, the Registrar can issue:
- a certificate of title where the property is freehold
- a certificate of lease where the property is leasehold
The unit owner also has a share in the common property.
You can read the Sectional Properties Act, 2020 on Kenya Law.
What counts as common property?
Common property is the part of the development that is not contained within an individual unit.
Depending on the development, this can include:
- corridors
- staircases
- lifts
- driveways
- gardens
- shared parking or access areas
- roofs and structural elements
- shared utility areas
The sectional register records the unit owner’s proportionate share in that common property.
Why this matters to an apartment buyer
Do not treat an apartment purchase as if you are buying “a house in the air” with no land rights attached.
Your legal interest is defined by the sectional plan, the unit register and the common-property share.
Before buying, understand exactly which areas belong exclusively to the unit and which areas are shared.
Ask to see the sectional plan
The sectional plan identifies the units and common property.
It should match what is being sold to you.
If an advert says the apartment includes a particular parking bay, store or rooftop area, ask how that right appears in the legal documentation.
A marketing brochure is not a substitute for the registered plan.
Certificate of title vs certificate of lease
The form of document depends on the underlying tenure.
The State Department for Lands publishes separate prescribed forms for:
- Certificate of Title for Sectional Property
- Certificate of Lease for Sectional Property
That is one reason a buyer should understand whether the head property is freehold or leasehold.
The current forms are available through the State Department for Lands forms library.
Check the management structure
Sectional developments have shared obligations.
Before buying, ask about:
- service charges
- maintenance responsibilities
- insurance
- management of common areas
- outstanding amounts attached to the unit
- by-laws affecting owners and tenants
- major planned repairs
A cheap apartment with badly managed common property can become expensive very quickly.
What should due diligence include?
At minimum, consider:
- the unit’s register and title or lease
- the sectional plan
- the seller’s registered ownership
- charges, cautions or restrictions
- the common-property share
- management or corporation records
- service-charge position
- approvals for the building
- the remaining lease term where the property is leasehold
An official land search remains useful, but apartment due diligence needs to look beyond the title alone.
Is a sectional title the same as a sublease?
Not exactly.
Kenya introduced the modern sectional-title framework partly to move qualifying developments away from older long-term sublease structures.
The Sectional Properties Act and regulations provide the current framework for separate unit registers and titles or leases.
If you are buying in an older development, ask your advocate what form of title currently exists and whether any conversion issue affects the unit.
The practical question to ask
Before paying a deposit for an apartment, ask:
What exactly will be registered in my name when this transaction is complete?
That one question usually reveals whether the paperwork matches the sales pitch.
