Apartment Ownership in Kenya: What Does a Sectional Title Actually Give You

July 3, 2025 5 Min Read

Apartment Ownership in Kenya: What Does a Sectional Title Actually Give You?

Customized for WKA Advocates – Kenya’s Leading Experts in Sectional Titles, Real Estate Law, and Property Transactions

Introduction: Understanding Apartment Ownership in Kenya

With Kenya’s urban population booming—particularly in fast-growing cities like Nairobi, Mombasa, Kisumu, Nakuru, and Eldoret—apartment living has become the go-to solution for residential housing. However, buying an apartment isn’t just a matter of paying for space. It involves navigating a specific legal ownership structure: sectional ownership.

The introduction of the Sectional Properties Act, 2020 has revolutionized how apartments are owned, registered, and managed. This legal framework now allows apartment buyers to obtain secure, transferable, and mortgageable sectional titles. But what does this title really give you?

At WKA Advocates, we specialize in guiding clients through every stage of apartment ownership in Kenya—from due diligence and compliance to registration and dispute resolution. In this guide, we explain what a sectional title is, your rights as an owner, your responsibilities, and why it’s the gold standard for apartment buyers in Kenya today.

What Is a Sectional Title in Kenya?

A sectional title is a legally registered title deed that grants individual ownership of an apartment, flat, or maisonette within a multi-unit development. Under Kenya’s Sectional Properties Act, the title allows you to:

Own your unit exclusively
Share ownership in the common property
Automatically become part of the Body Corporate managing the estate

The title is issued after approval and registration of a sectional plan, drawn by a licensed surveyor and verified by the Director of Surveys. Sectional titles are governed by the Sectional Properties Act, 2020, the Land Registration Act, 2012, and related regulations.

What Does a Sectional Title Actually Entitle You To?

1. Exclusive Legal Ownership of Your Apartment

A sectional title gives you full, indefeasible ownership of your apartment unit—registered in your name with the Ministry of Lands and Physical Planning. This means you can:

Sell or transfer the unit
Lease or rent out the unit
Use the unit without interference
Legally defend your property against trespass or unlawful eviction

Unlike earlier models of long-term leasehold titles, a sectional title offers permanent ownership under Kenyan law.

2. Shared Ownership of Common Property

Sectional ownership includes an undivided share of the common areas, such as:

Corridors, lobbies, and stairwells
Elevators and rooftop spaces
Gardens, swimming pools, gyms, and recreational areas
Water tanks, parking bays, boundary walls, and security installations

This shared interest ensures your right to participate in the use and maintenance of these facilities, as well as decisions about upgrades or repairs.

3. Automatic Membership in the Body Corporate (Corporation)

Upon registration of the sectional plan, a Corporation—also known as the Body Corporate—is created by law. All apartment owners automatically become members and can:

Vote on key decisions (e.g., maintenance contracts, major repairs)
Elect the board or management committee
Attend annual general meetings (AGMs)
Review audited financial statements and budgets

This creates a transparent governance structure for the property.

4. Participation in Governance and Enforceable By-laws

Each sectional property development operates under registered by-laws that regulate:

Noise levels and pet policies
Renovations and use of balconies
Parking rules and waste management

As a titleholder:

You are legally bound by these by-laws
You can propose, amend, or vote on changes
You may challenge unlawful or discriminatory rules in court

5. Increased Marketability and Mortgage Accessibility

One of the major benefits of having a registered sectional title in Kenya is that:

Banks and lenders accept it as collateral for loans or mortgages
Buyers and investors prefer registered titles over unregistered leasehold interests
Developers can better market their projects with titled units

This gives you financial leverage and flexibility that leasehold arrangements don’t offer.

6. Succession and Estate Planning Simplicity

A sectional title is a real property interest. It can be:

Transferred via a will
Passed on through grant of probate or letters of administration
Held jointly with survivorship rights

This simplifies inheritance and ensures your family’s continued ownership.

Legal Rights of a Sectional Title Owner in Kenya

As an apartment owner with a sectional title, you are entitled to:

Exclusive ownership and control over your unit
Legal protection against unlawful eviction or trespass
Participation in property management decisions
Access to audited financial records
Full freedom to rent, sell, or bequeath your unit

Responsibilities of a Sectional Title Owner

Owning an apartment through a sectional title also comes with obligations:

Pay service charges, maintenance levies, and insurance contributions
Comply with the by-laws and decisions of the Body Corporate
Participate in meetings and decision-making processes
Maintain your unit in a tenantable condition
Avoid any conduct that disturbs or inconveniences other residents

Why Sectional Titles Are Legally Important in Kenya

Under the Sectional Properties Act, 2020, all new apartment developments must be registered with sectional plans. Existing long-term leases must be converted to sectional titles. This law provides:

Legal certainty for apartment buyers and real estate investors
Better dispute resolution mechanisms
Improved management of shared facilities
Proper registration of multi-unit developments

Expert Legal Support from WKA Advocates

As the leading real estate and sectional title lawyers in Kenya, WKA Advocates offers comprehensive legal support for:

Sectional title registration and conversion
Due diligence for apartment purchases
Sale and purchase agreements
Body Corporate governance and compliance
Dispute resolution and litigation support

FAQs – Apartment Ownership and Sectional Titles in Kenya

Q1: What is the main difference between a sectional title and a lease?
A lease offers temporary occupation rights, while a sectional title grants permanent legal ownership.

Q2: Can I sell my apartment if I hold a sectional title?
Yes. The process is simplified, and your buyer will receive a registered title deed.

Q3: Who manages the building’s common areas?
The Body Corporate, made up of unit owners, oversees maintenance and management.

Q4: Can I get a mortgage with a sectional title?
Yes. Lenders widely accept sectional titles as valid security for property financing.

Q5: How do I verify if an apartment has a sectional title?
Conduct a title search or consult with WKA Advocates for legal due diligence.

Q6: Do I have to follow the Corporation’s by-laws?
Yes. Once you become a unit owner, you are legally obligated to comply with the by-laws.

Q7: What happens to the apartment if I pass away?
The unit becomes part of your estate and can be passed to heirs through succession or inheritance laws.

Conclusion: Secure Apartment Ownership with Sectional Titles in Kenya

In today’s dynamic property market, sectional titles provide unmatched security, transparency, and control for apartment owners. Whether you are a first-time buyer, investor, or developer, a registered sectional title ensures:

Clear legal ownership
Participation in governance
Access to financing
Seamless inheritance

Contact WKA Advocates – Kenya’s Trusted Real Estate Legal Experts

Are you buying an apartment in Kenya or converting your lease to a sectional title? Don’t navigate the legal system alone. At WKA Advocates, we help you safeguard your investment and ensure full compliance with the law.

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