The growth of apartments, flats and other multi-unit developments has made sectional ownership an important part of Kenya’s real estate market. A sectional unit is a defined space within a building that is separately owned and identified in a registered sectional plan. It may include an apartment, office, shop or other designated unit.
In Kenya, sectional properties are primarily governed by the Sectional Properties Act, No. 21 of 2020, together with the Land Registration Act, 2012. The law provides a framework for dividing buildings into individually owned units while providing for shared ownership and management of common property.
Under Section 4, a building may be divided into units through a registered sectional plan. Once the plan is registered, Section 5 requires a separate register to be opened for each unit. The owner receives a certificate of title where the property is freehold or a certificate of lease where it is leasehold, together with the owner's proportionate share of the common property.
Common property may include areas such as corridors, staircases, lifts, driveways and other facilities serving the development. Under Section 6, unit owners hold common property as tenants in common, with their respective shares determined by the unit factor.
The Act also provides for a management corporation, which plays an important role in managing common areas, enforcing by-laws and administering the development.
For buyers, sellers, estate agents and property managers, understanding sectional titles is essential. Proper due diligence should include confirming registration, ownership documents, the sectional plan, unit factor, common-property obligations and applicable service charges.
Ultimately, sectional titles provide a structured legal framework that separates individual ownership from shared responsibility, making ownership and management of Kenya’s growing multi-unit developments more transparent and organized.
