Sectional Properties | How to get sectional Titles Deeds in Kenya

In Kenya, sectional titles refer to the legal ownership of individual units within a multi-unit building or development, such as apartments or townhouses. This system allows property owners to own a specific unit within the property (e.g., an apartment) and share ownership of common areas (e.g., corridors, parking lots, gardens) with other unit owners.

The key steps include subdividing the property into units, preparing a sectional plan, submitting the application to the Land Registrar, and establishing a management corporation. By following these steps, property owners can enjoy the legal recognition and security that comes with sectional ownership in multi-unit properties.

How to Get Sectional Title Deeds in Kenya

To acquire Sectional Title Deeds in Kenya, you must follow a formal legal process that ensures your ownership rights are registered, and the property is recognized as having sectional titles. Below is a step-by-step guide to obtaining Sectional Title Deeds in Kenya:

1. Ensure the Property is Eligible for Sectional Title

Before applying for sectional titles, the property must be developed in a way that allows for the subdivision into individual units. Sectional titles are typically applicable to multi-unit developments like apartment buildings or complexes.

• Planning Approval: The property must have received approval from local authorities, such as the county government. This ensures that the building complies with zoning regulations and safety standards.

2. Establish a Sectional Titles Scheme

To start the process of acquiring sectional titles, the property must first be divided into separate units and registered under a sectional titles scheme. This involves:

• Subdivision of the Property: A professional land surveyor or architect is usually required to prepare a sectional plan that divides the property into individual units and the common areas.
• Preparation of Incorporation Bylaws: A management plan is required for the building to outline how the common areas will be managed. This plan typically includes how the building’s common expenses (e.g., maintenance, security, utilities) will be shared among the unit owners.

3. Engage a Qualified Surveyor

A registered land surveyor is critical in the process of defining the units and common areas. They will:

• Prepare a Sectional Plan: The sectional plan clearly indicates the physical boundaries of each individual unit and the common areas. This plan will need to be approved by the relevant authorities.
• Ensure Compliance: The surveyor ensures that the layout complies with local building codes, zoning laws, and other legal requirements.

4. Application to the Land Registrar

Once the sectional plan has been prepared and the building has been divided into units, an application must be made to the Land Registrar for the registration of the sectional titles. This involves the following steps:

• Submission of Documents: Submit the sectional plan, building plans, and any other relevant documents (e.g., evidence of ownership, approved bylaws).
• Application for Registration: The application is made to the relevant land registry, which is typically in the Ministry of Lands and Physical Planning.

5. Verification by the Lands Office

The application is reviewed by the Registrar of Titles. The Lands Office will verify the documents, including the sectional plan, and ensure they comply with all legal requirements. The Lands Office may request additional information or revisions before proceeding with the registration.

6. Issuance of Sectional Title Deeds

Once the application is approved and all requirements are met, the Land Registrar will issue Sectional Title Deeds for each individual unit within the property. Each unit owner receives a title deed that reflects their ownership of the specific unit, as well as a share in the ownership of the common areas.

7. Establishment of a Management Corporation (Owners Association)

A management corporation or owners association is often created to oversee the maintenance and management of common areas. This organization is made up of all unit owners in the building or development, and it is responsible for decisions related to the common property, including managing finances, conducting maintenance, and enforcing rules.

8. Payment of Land Rates and Fees

After registration, unit owners are typically responsible for paying land rates, taxes, and other relevant fees related to the property. This may include payments towards maintenance of the common areas, utilities, and any other services shared by the property owners.

Key Documents Required for the Process:

• Certificate of Ownership: Proof of ownership of the land.
• Building Plans and Approvals: Approved architectural and planning documents showing the design of the development.
• Sectional Plan: A detailed plan prepared by a registered surveyor dividing the property into sections.
• Bylaws: A document outlining the management structure and allocation of costs for the building.
• County Approvals: Relevant approvals from local authorities.

Challenges in Getting Sectional Titles:

• Lack of Awareness: Many property developers and owners may not be aware of the benefits of sectional titles or the process involved.
• Cost and Time-Consuming Process: The process can be expensive and time-consuming due to the need for professional services and official approvals.
• Compliance Issues: Some developments may fail to meet regulatory or zoning requirements, delaying or preventing the sectional titles process.