Demystifying Sectional Titles in Kenya: A Comprehensive Guide for Buyers, Investors, and Property Owners

The Kenyan property market is rapidly evolving, with innovative ownership structures now catering to modern lifestyles, urbanization, and real estate investment opportunities. One of the most important concepts shaping this transformation is the Sectional Title.

A sectional title in Kenya allows individuals to legally own specific portions of a building—such as apartments, maisonettes, townhouses, offices, or retail units—while jointly sharing ownership of common areas like parking lots, corridors, gardens, and elevators.

At WKA Advocates, we recognize that many buyers, investors, and even seasoned property owners find sectional ownership in Kenya complex. This guide breaks down everything you need to know: from what sectional titles are, how they work, their legal framework under the Sectional Properties Act 2020, benefits and challenges, the buying process, and legal support you need to avoid costly mistakes.

What is a Sectional Title in Kenya?

A sectional title is a form of real estate ownership where an individual holds exclusive rights to a defined section (unit) within a development—such as an apartment in Nairobi, an office in Westlands, or a retail unit in a shopping complex—while co-owning the common property with other unit holders.

In Kenya, sectional ownership is governed by the Sectional Properties Act, 2020, which modernized the earlier 1987 Act to align with the Land Registration Act and current property development trends.

Key Features of Sectional Titles in Kenya

  1. Individual Ownership

    • Owners receive a title deed for their unit.

    • Units can be independently sold, leased, transferred, or mortgaged.

  2. Shared Ownership of Common Areas

    • Owners share responsibility for gardens, elevators, parking spaces, and security systems.

  3. Management Corporation

    • Automatically formed upon registration of the first unit.

    • Handles maintenance, repairs, administration, and dispute resolution.

  4. By-Laws & Rules

    • Govern property use, maintenance standards, renovations, pets, rentals, and other community regulations.

Legal Framework for Sectional Ownership in Kenya

The Sectional Properties Act, 2020 provides the legal structure for:

  • Conversion of existing buildings into sectional units.

  • Registration of sectional plans with the Land Registrar.

  • Formation of management corporations.

  • Outlining rights and obligations of unit owners.

At WKA Advocates, we help clients navigate compliance with these requirements, ensuring secure ownership and smooth property management.

Benefits of Sectional Title Ownership in Kenya

✅ Affordable Entry Point – More cost-effective than buying standalone homes.
✅ Shared Maintenance – Owners share costs, reducing financial burden.
✅ Enhanced Security – Most developments provide gated access, CCTV, and guards.
✅ High Investment Potential – Sectional units in Nairobi, Mombasa, Kisumu, and other urban centers offer strong rental yields.
✅ Flexibility – Owners can resell, lease, or rent out units independently.

Potential Challenges

⚠ Management Disputes – Conflicts over shared costs or property decisions.
⚠ Maintenance Contributions – Mandatory payments regardless of facility use.
⚠ By-Law Restrictions – Rules on renovations, pets, or commercial use may limit flexibility.

Buying Process for Sectional Titles in Kenya

  1. Preliminary Checks

    • Confirm property has a registered sectional plan.

    • Verify developer compliance with the Sectional Properties Act 2020.

  2. Legal Due Diligence

    • At WKA Advocates, we conduct title searches, review sectional plans, and ensure by-law compliance.

  3. Offer & Agreement

    • Draft and sign a sale agreement outlining terms, obligations, and rights.

  4. Transfer & Registration

    • Registration with the Land Registrar grants you a title deed.

  5. Joining the Management Corporation

    • Automatic membership with voting rights proportional to ownership share.

How WKA Advocates Can Help You

  • Property Due Diligence – Ensuring full legal compliance.

  • Contract Drafting & Review – Protecting your buyer or seller rights.

  • Management Dispute Resolution – Offering expert legal solutions.

  • Conversion Advisory – Helping landlords and developers convert properties into sectional units.

Our real estate and property law team combines legal expertise with a client-first approach, making WKA Advocates one of Kenya’s most trusted legal partners in property transactions.

Frequently Asked Questions (FAQs) on Sectional Titles in Kenya

1. Are sectional titles the same as apartments?
Not exactly. An apartment is a type of property; a sectional title is the legal form of ownership.

2. Can I renovate or modify my sectional unit?
Yes, but major changes often require management corporation approval.

3. What happens if I don’t pay maintenance fees?
The corporation can pursue legal remedies, including placing a lien on your property.

4. Can I rent out my sectional unit?
Yes. However, tenants must comply with the property’s by-laws.

5. Do sectional titles expire?
No. They follow the land tenure system—either freehold or leasehold.

Sectional Titles in Kenya

Sectional titles in Kenya are becoming increasingly popular in Nairobi, Mombasa, Kisumu, and other urban areas, offering affordable home ownership, investment opportunities, and shared living benefits. However, they also come with legal complexities that require expert guidance.

At WKA Advocates, we simplify the process for buyers, investors, and property developers—ensuring your investment is secure, legally compliant, and profitable. Whether you are buying an apartment, converting a building, or resolving a management dispute, our legal experts are here to help you invest with confidence.