Buying an apartment in Kenya: sectional titles explained
Sectional titles under the Sectional Properties Act 2020 explained: what to check when buying an apartment and how management corporations work.
Updated 23 October 2026 · Mtopanga Properties editorial team
Apartments are now the most common way urban Kenyans buy their first home. Ownership of a flat works differently from a house on its own plot, and the Sectional Properties Act, 2020 changed the rules. Here is what a buyer needs to know.
What is a sectional title?
A sectional title registers ownership of a specific unit in a building (or a defined part of a development), together with a share of the common property such as stairs, lifts, parking, gardens and the land under the building. Under the Sectional Properties Act, 2020, each unit gets its own sectional title, and the owners together form a management corporation that runs the common property.
Sectional titles vs the old long-lease system
Before the 2020 Act, many apartments were sold through long subleases from the developer or a management company, often with a reversionary arrangement. The Act requires such long-term subleases to be converted into sectional titles, and the government has run conversion programmes and extended deadlines. If you are buying an older apartment, ask whether the unit has been converted and get your advocate to check the registered position.
What to check before buying an apartment
- The mother title and sectional plan. Search the underlying title and confirm that a sectional plan has been registered or will be.
- Your unit's title or lease. For a completed building, ask for the sectional title. For off-plan units, check what you will receive and when.
- Approvals. County-approved building plans, NEMA environmental approval and the occupation certificate for completed buildings.
- Service charge. Ask for the budget, recent accounts and any arrears. High arrears mean poor maintenance.
- Management corporation. Is it set up? Who sits on it? What are the by-laws on renting out units, pets and short stays?
- Parking and storage. Confirm whether a parking bay is part of your unit, allocated by the corporation or not included.
Service charges and sinking funds
Every owner contributes to running costs: security, cleaning, lifts, insurance of the building and repairs. A good management corporation also keeps a reserve or sinking fund for major works such as roof or lift replacement. Ask how much is in it.
Short-term rentals (Airbnb) in apartments
If you plan to rent out on short stays, check the building's by-laws and the management corporation's rules first. Some buildings restrict or ban short-term letting. See real estate investment options.
Frequently asked questions
Can I get a mortgage on an apartment in Kenya?
Yes. Lenders lend against apartments with a registrable title, usually a sectional title or a registered lease. Unconverted or unregistered interests can make financing harder.
Who owns the land under an apartment block?
Under the Sectional Properties Act, the land and common property are held for the owners through their shares, managed by the management corporation, rather than by the developer indefinitely.
What is a management corporation?
It is the body corporate formed by all unit owners under the Sectional Properties Act. It maintains the common property, collects service charges and enforces the by-laws.
General information for Kenya, not legal, tax or financial advice. Laws, fees and procedures change: confirm current requirements with a qualified advocate, licensed surveyor, registered valuer or KRA before you commit money.