The Importance of Sectional Plans in Apartment Sales and Ownership Transfers in Kenya

Customized for WKA Advocates – Experts in Sectional Titles, Real Estate Law, and Apartment Transactions in Kenya

As apartment living continues to rise in urban centers like Nairobi, Mombasa, Kisumu, Eldoret, and Nakuru, Kenya’s property landscape is rapidly transforming. Central to this shift is the Sectional Properties Act, 2020, which introduced the requirement for sectional plans—an essential legal framework for apartment sales, property transfers, and secure real estate transactions.

A sectional plan is not just a technical document—it’s a legally binding blueprint that allows for the registration, sale, mortgage, and lawful transfer of apartment units in Kenya. Without it, apartment sales cannot be processed or registered under current land laws.

At WKA Advocates, our experienced real estate lawyers guide developers, apartment buyers, housing cooperatives, and property managers through the complexities of sectional title registration, unit transfers, and compliance with Kenya’s evolving land laws.

What Is a Sectional Plan?

A sectional plan is a detailed, surveyed, and geo-referenced architectural drawing of a multi-unit property that:

• Clearly defines the boundaries of individual apartment units or maisonettes

• Differentiates between private units and common property (e.g., stairwells, lifts, gardens)

• Identifies exclusive-use areas such as parking spaces, balconies, and rooftop terraces

• Is prepared by a licensed surveyor and approved by the Director of Surveys

• Forms the legal basis for issuing individual title deeds under the Sectional Properties Act

Once registered, the sectional plan subdivides a mother title (freehold or leasehold) into multiple sectional titles, each with its own legal identity and ownership.

Why Sectional Plans Matter in Apartment Transactions

1. Legal Requirement for Title Registration

Sectional plans are mandatory for the registration of individual apartment units with the Ministry of Lands and Physical Planning. Without a registered plan:

• No title deeds can be issued for individual units

• The Corporation (Body Corporate) cannot be formed

• Property sales, leases, or transfers cannot be lawfully registered

2. Mandatory for All Sales and Transfers

According to the Sectional Properties Act, 2020:

• All multi-unit developments must be registered under a sectional plan

• The Land Registry will not process any apartment sale or transfer without a valid sectional plan

This applies to new developments and existing buildings that were previously operating under long-term leases.

3. Clarity on Ownership and Shared Spaces

The sectional plan delineates:

• Private ownership areas – the apartment unit

• Common property – shared areas like corridors, parking bays, staircases

• Exclusive-use areas – parking or storage spaces allocated to specific units but still jointly owned

This improves legal certainty, prevents disputes, and supports efficient property management.

4. Improves Buyer Protection

Buyers benefit from:

• Transparent unit measurements and layout

• Confidence that the development is legally approved

• Reduced risk of fraud, misrepresentation, or encroachment

At WKA Advocates, we perform due diligence, verify sectional plans, and protect your legal interests during apartment purchases.

5. Required for Leasehold to Sectional Conversion

For older apartment complexes registered under long-term leases, conversion to sectional titles involves:

• Preparation and registration of a new sectional plan

• Cancellation of existing leases

• Registration of individual unit titles at the Lands Registry

• Formation of a Body Corporate for management

How Sectional Plans Impact Ownership Transfers

When an apartment changes ownership:

• The registered sectional plan is referenced in the title search

• The Land Registry confirms that the unit matches the registered layout

• A new title deed is issued to the buyer, including their share in common property

• The Corporation updates its records to reflect the new owner

Risks of Transferring Without a Sectional Plan:

• The transfer cannot be legally registered

• The buyer may lose legal ownership or financing options

• Financial institutions may decline to issue a mortgage

Common Issues When Sectional Plans Are Missing

🔴 Sales Based on Outdated Leases

Some developers continue to sell units based on long-term leases without registering sectional plans. These transactions are now non-compliant and legally invalid.

🔴 Inaccurate Unit Boundaries

Plans that are not professionally surveyed may lead to disputes between neighbors over boundaries or shared amenities. At WKA Advocates, we vet all plans with licensed professionals before registration.

🔴 Absence of Corporation Formation

Without a registered plan, the Body Corporate cannot be formed. This leads to disputes over maintenance, security, parking, and service charge collection.

Required Legal Documents in Apartment Sales or Transfers

For a successful and legal apartment transaction in Kenya, the following documents are essential:

1. Registered Sectional Plan

2. Certificate of Title for the specific unit

3. Sale Agreement (drafted or reviewed by legal counsel)

4. Rates and Rent Clearance Certificates

5. KRA PIN and national ID copies of buyer and seller

6. Consent from the Corporation (if common areas are involved)

7. Board Resolutions (if the property is owned by a company or SACCO)

How WKA Advocates Supports Your Apartment Transaction

We provide comprehensive legal services for all stages of apartment sales and transfers, including:

• Title searches and confirmation of sectional plan registration

• Drafting and review of sale and lease agreements

• Land Registry compliance and property law advisory

• Support with lease-to-sectional conversion

• Formation and registration of Corporations (Body Corporates)

• Dispute resolution involving unit boundaries, ownership rights, or common property

FAQs – Sectional Plans and Apartment Ownership in Kenya

1. What is a sectional plan used for in real estate?
It’s a legal blueprint that allows apartment units to be individually titled, bought, sold, and mortgaged.

2. Is a sectional plan mandatory in Kenya?
Yes. The Sectional Properties Act, 2020 requires it for any registration, sale, or mortgage of an apartment unit.

3. Can I buy an apartment without a sectional plan?
No. Such purchases are not legally registrable, and you may face risks such as non-issuance of title or lack of legal ownership.

4. How do I convert an old apartment to a sectional title?
Through preparation and approval of a sectional plan, surrender of long-term leases, and registration at the land registry.

5. Who pays for the preparation of the sectional plan?
Typically, the developer or management company bears the cost, but in conversions, owners may contribute jointly.

6. How does a sectional plan impact common areas?
It defines which areas are jointly owned and each unit’s share, supporting transparent service charge management and dispute prevention.

7. What if the sectional plan is inaccurate or rejected?
WKA Advocates works with licensed surveyors to ensure compliance and resubmission if required.

Conclusion: Sectional Plans Are Not Optional—They’re Legal Necessities

Whether you’re buying, selling, developing, or converting apartments, a registered sectional plan is essential for a lawful, safe, and bankable property transaction. It protects your interests, enables compliance, and ensures that all stakeholders—buyers, developers, and management—operate within Kenya’s real estate legal framework.

At WKA Advocates, we specialize in real estate law, sectional title conversion, and land registration compliance. Our team ensures your transactions are secure, compliant, and future-proof.

Contact WKA Advocates Today

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