The Sectional Properties Act: Converting Sub-Leases to Georeferenced Titles

The enforcement of the Sectional Properties Act, 2020 marks the most sweeping modernization of Kenyan conveyancing since the repeal of the Registered Land Act. Historically, Kenyan apartment buyers purchased long-term sub-leases carved out of an overarching mother lease held by a developer or management company.

Under the revised legislative framework, all long-term sub-leases registered under repealed statutes must be transitioned into individual, geo-referenced Sectional Title Deeds. Each title deed is pegged to a precise three-dimensional cadastral unit, granting unit owners genuine freehold or leasehold ownership of their defined volumetric space, alongside an undivided share in common property.

For investors and diaspora purchasers, this transition closes several historic vulnerabilities: developers can no longer encumber the mother title once sectional units have been transferred, and unit management corporations are legally vested with statutory enforcement powers for service charge collection and building preservation.

Buyers transacting in Kilimani, Kileleshwa, and Westlands must confirm whether the development's Sectional Plan has been registered with the Director of Surveys and uploaded to the Ministry of Lands Ardhisasa portal. Our legal due diligence mandate requires verification of the Sectional Plan prior to placing any apartment asset on our public catalog.