What is the Complete Process of Creating Sectional Properties in Kenya?

In Kenya's rapidly urbanizing landscape, sectional properties have become the standard for apartment living, office complexes, and mixed-use developments. Whether it's a high-rise in Westlands, a townhouse complex in Kiambu, or a commercial plaza in Mombasa, the legal framework that makes individual ownership of units possible is the Sectional Properties Act, 2020.

But what exactly is a sectional property, and how does a developer or landowner create one? This comprehensive guide walks you through the entire process — from planning to the issuance of individual title deeds for each unit.

What is a Sectional Property?

A sectional property is a type of real estate where a building or buildings are divided into separate units (sections) that can be owned individually, along with a share of the common areas. Common areas include corridors, staircases, parking spaces, gardens, and recreational facilities.

Key characteristics of a sectional property:

• Individual Ownership: Each unit has its own title deed that can be bought, sold, or mortgaged independently.
• Undivided Share: Each owner holds an undivided share in the common property, proportional to the unit's value.
• Body Corporate: A management corporation (Body Corporate) is formed to manage and maintain the common areas.
• By-Laws: Rules governing the use of units and common areas are registered alongside the sectional plan.

The Complete Process: Step by Step

Step 1: Land Acquisition and Due Diligence

Before anything else, the developer must acquire a suitable parcel of land. This involves:

• Conducting an official search to confirm ownership and check for encumbrances
• Verifying the land use zoning with the County Government
• Ensuring the land is suitable for high-density development (check soil conditions, access roads, water and sewer capacity)
• Engaging a physical planner to assess the development potential

Step 2: Planning and Design

The architect and physical planner work together to create the building design and development plan. Key considerations include:

• Building density and height restrictions per county regulations
• Minimum unit sizes (e.g., many counties require a minimum of 35-50 sqm for studio apartments)
• Parking ratios (typically 1 space per unit for studios/1-bed, 2 spaces for larger units)
• Common areas and amenities
• Fire safety and building code compliance

The development plan is submitted to the County Planning Department for approval. This can take 2 to 4 months.

Step 3: Construction

Once planning approval is granted, construction begins. The developer must:

• Obtain a building permit from the County Government
• Hire licensed contractors and engineers
• Conduct inspections at key stages (foundation, structure, roofing, finishing)
• Obtain a Certificate of Completion and Occupancy Permit from the County upon completion

Step 4: Sectional Plan Survey (The Critical Step)

This is where the registered surveyor plays the most crucial role. The surveyor must:

• Conduct a detailed survey of the building: Measure the exact dimensions of each unit, including internal and external walls.
• Identify common property: Map out all shared areas (lobbies, corridors, parking, gardens, utility rooms).
• Prepare the Sectional Plan: This plan shows the boundaries of each unit, the unit factor (share of common property), and the common areas.
• Geo-reference the plan: The sectional plan must be linked to the official coordinate system.
• Submit to the Survey of Kenya: The plan is authenticated and approved by the Director of Surveys.

Important: The sectional plan must be prepared by a licensed surveyor registered with the Land Surveyors Board of Kenya. Njogu Surveyor has extensive experience in preparing sectional plans for apartment complexes, office buildings, and mixed-use developments.

Step 5: Registration and Issuance of Titles

Once the sectional plan is approved, the developer submits it to the Lands Registry along with:

• The original title deed of the parent parcel
• Building plans and completion certificates
• The approved sectional plan
• By-laws for the Body Corporate
• Unit factor calculations

The Registrar then:

1. Cancels the original title deed for the parent parcel
2. Registers the sectional plan
3. Issues individual title deeds for each unit (sectional titles)
4. Registers the Body Corporate as the owner of the common property

Each unit owner receives a Sectional Title Deed that specifies:

• The unit number and description
• The unit factor (share of common property)
• The rights and obligations of the owner
• Reference to the registered by-laws

Understanding the Unit Factor

The unit factor determines each owner's share of the common property and their contribution to maintenance costs. It is typically calculated based on:

• Floor area: Larger units get a higher unit factor
• Location within the building: Higher floors or premium locations may have adjusted factors
• Agreed value: Developers may assign factors based on market value

The Role of the Body Corporate

Once the sectional titles are issued, a Body Corporate is automatically formed. All unit owners are members. The Body Corporate is responsible for:

• Maintaining and repairing common areas
• Collecting service charges from unit owners
• Enforcing the by-laws
• Insuring the building structure
• Managing disputes between owners

Timeline and Costs

The entire process from land acquisition to title issuance typically takes 12 to 24 months, depending on the size and complexity of the development. Key costs include:

• Land cost
• Architectural and engineering fees
• County planning and building permit fees
• Surveyor fees for sectional plan preparation
• Registration fees and stamp duty
• Construction costs

Common Challenges

• Non-compliance with approved plans: Deviating from approved plans can lead to demolition orders or refusal to issue sectional titles.
• Disputes over unit factors: Owners may disagree on how unit factors are calculated, leading to legal challenges.
• Delayed registration: Backlogs at the Lands Registry can delay the issuance of individual titles.
• Unregistered by-laws: Without registered by-laws, the Body Corporate may struggle to enforce rules.

Conclusion

Creating sectional properties in Kenya is a multi-step process that requires careful planning, compliance with regulations, and the expertise of licensed professionals. From the initial land acquisition to the final issuance of sectional titles, each step must be executed with precision. At Njogu Surveyor, we guide developers and landowners through the surveying and registration process, ensuring that every unit is accurately defined and legally registered. Whether you're building a small apartment block or a large mixed-use complex, we're here to guide your vision with precision.