Why Nairobi Landowners Must Convert to Sectional Titles: Understanding the Legal Requirement
Kenya’s real estate laws have changed significantly in recent years—especially with the enactment of the Sectional Properties Act, 2020. This law now requires apartment and multi-dwelling unit owners to convert their properties from long-term leases to sectional titles.
The Ministry of Lands and Physical Planning has issued several gazette notices mandating this conversion across Nairobi and other urban areas. This is not optional. It’s a legal obligation for landowners, developers, and apartment owners.
At WKA Advocates, we help you navigate this process—ensuring full compliance, reducing risk, and protecting the value of your property. Below, we explain why conversion is necessary, what the law requires, and how we can support you.
Why the Law Was Changed
Previously, most apartment owners in Kenya held 99-year leasehold titles derived from a single “mother” title. These leases came with serious limitations:
-
Unclear ownership of shared spaces like staircases, lifts, and parking
-
Weak enforcement of responsibilities among owners
-
Increased risk of disputes with other unit owners or developers
To solve these problems, the government introduced the Sectional Properties Act, 2020, replacing the outdated 1987 law. The new framework allows:
-
Each apartment to have its own individual title
-
Shared areas to be jointly owned and managed by a legally recognized Corporation (Body Corporate)
-
Transparent ownership under a registered and approved sectional plan
Mandatory Conversion: What the Gazette Notices Say
In 2021, and again in 2023 and 2024, the Ministry of Lands issued clear directives:
-
All apartment units under long-term leases in Nairobi and other urban areas must be converted to sectional titles
-
No sales, transfers, mortgages, or other property dealings will be allowed unless conversion is complete
-
The rule applies to all existing apartment complexes built on a single parcel of land
Affected counties include Nairobi, Kiambu, Mombasa, Nakuru, and other rapidly urbanizing regions.
Why You Must Convert: The Legal and Practical Reasons
1. It’s a Legal Requirement
The law demands that all apartment developments be registered under a sectional plan. Without it, you cannot sell, transfer, or charge your property legally.
2. You’ll Avoid Transaction Delays
Land registries have been ordered not to process any dealings—including sales, leases, succession, or mortgages—for non-compliant apartments.
3. Your Property Will Be More Secure and Marketable
Buyers and banks now require sectional titles. Without conversion, you risk losing potential buyers or being denied financing.
4. It Ensures Proper Management of Common Areas
With a sectional title, a legally established Corporation (Body Corporate) manages shared spaces. This brings structure and accountability, replacing informal or developer-run arrangements.
5. It Supports Kenya’s Land Digitization Effort
The process aligns your property with ArdhiSasa, the government’s digital land system—making records more transparent, secure, and accessible.
The Conversion Process – Handled Seamlessly by WKA Advocates
At WKA Advocates, we offer a complete legal solution tailored to Nairobi landowners. Here’s how we assist:
Step 1: Legal Audit
We review your current lease agreements, title documents, building approvals, and ownership structure.
Step 2: Survey and Sectional Plan
A licensed surveyor prepares a geo-referenced sectional plan showing:
-
Unit boundaries
-
Common property
-
Exclusive-use areas (like balconies or parking)
Step 3: Approvals and Submission
We submit the sectional plan to the Director of Surveys and ensure it meets legal requirements.
Step 4: Registration at the Ministry of Lands
We file for cancellation of the long-term lease and apply for individual sectional titles.
Step 5: Formation of the Corporation
Once titles are registered, a Corporation (Body Corporate) is automatically created. We help you draft its by-laws and governance documents to ensure full legal compliance.
Risks of Not Converting
Failure to convert exposes your property to:
-
Legal blocks on any property dealings
-
Ownership disputes or unclear rights
-
Buyer hesitation or withdrawal due to lack of financing
-
Conflicts with tenants or co-owners
-
Loss of property value and market appeal
Frequently Asked Questions
1. Is conversion mandatory under the law?
Yes. The Sectional Properties Act, 2020, and gazette notices make it compulsory in Nairobi and other urban areas.
2. Who can initiate the conversion process?
Any unit owner, the developer, or the property’s main title holder. WKA Advocates can act on your behalf from start to finish.
3. What happens to the old lease once I convert?
It is cancelled. You’ll receive a new Certificate of Lease or Title specific to your apartment unit.
4. How long does the conversion take?
On average, it takes between 2 to 6 months, depending on documentation readiness and registry timelines.
5. Do all unit owners need to agree for conversion to happen?
No. One owner or the developer can initiate it. The Registrar can approve the conversion even without unanimous consent.
6. Are there penalties for not converting?
There is no direct fine—but the government will block any transaction on your property until you comply.
sectional titles in kenya
Conversion to sectional titles is not just a legal requirement—it’s a smart move for any Nairobi property owner. It ensures your investment is protected, financeable, and market-ready.
At WKA Advocates, we make the process smooth, affordable, and compliant. From title reviews to registry applications, we handle everything—so you don’t have to.
Contact WKA Advocates
Are you a landowner, apartment owner, or property developer in Nairobi?
Don’t wait until your property is frozen.
Let WKA Advocates guide you through the conversion process legally, efficiently, and with peace of mind.
