What first-time buyers should understand about sectional properties in Kenya

In Kenya's growing urban market, a high percentage of new property developments are being offered for sale as sectional title units. For most first-time buyers, this can be a technical term, although the definition is quite simple.

‘Sectional property’ is known as a unit, aptly called a section, such as a flat, studio, or maisonette, forming a larger property where shared common areas of the property include such things as corridors, stairways, and open areas. Ownership is divided into two components:

i)

Your unit: You have a title deed or lease for the space inside your walls, floors, and ceilings.

ii)

Common areas: These areas are owned for the benefit of all unit owners through a management corporation.

In Kenya, the sectional property regulatory system is governed under the Sectional Properties Act of 2020, which replaced the previous act, enacted in 1987. The reform was a modernization of the system to suit the current housing environment.

Sectional units have enjoyed popularity among first-time buyers because of their relative affordability, good location, shared amenities, and security of title. These advantages must be accompanied by the duties of carrying out due diligence.

Essential checks that each buyer must be aware of before you sign a contract or pay a deposit, make sure to look behind the scenes. Check these things

1. Title deed and registration: It is essential that the development is registered under the Sectional Properties Act of 2020 and that a sectional plan is available. It is necessary that each unit can be granted its own title deed.

2. Structure of management: Ascertain if a capable management firm or association is already established or being contemplated. Sect residential living relies largely on the efficient administration of the common areas.

3. Service charges. You can request a list of service charges and what is covered. Service charges can differ, and this can influence the cost of ownership.

4. Community Rules: Check the by-laws pertaining to pets, renovations, rentals, noise, and other lifestyle matters to make sure these conform to your intended usage of your space.

5. Approvals and compliance: Check if the project acquires all necessary approvals from the county government, the NCA, and other regulatory bodies. Plug any compliance gaps that may cause future legal concerns. The sectional title offers real opportunities for ownership and investing in Kenya’s urban areas. Provided that due diligence is done, especially on matters of registration, ownership, and costs, a buyer can really enjoy a safe and well-run living environment.

You can seek advice from a real estate professional or property lawyer to make a well-informed decision.

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