What the Sectional Properties Act means for your title

The Sectional Properties Act, 2020 reshaped how ownership of units within a building is recorded in Kenya. For many owners holding older long-term leases, the practical question is simple: what do I need to do, and what happens if I do nothing?

This is a guide to the principles, not legal advice on your specific title — for that, you should consult an advocate. But understanding the framework helps you ask the right questions.

Why the Act matters

The Act modernised the regime for sectional ownership, replacing the older approach with a system designed to align with the Land Registration Act, 2012. The intent is cleaner, more transparent records of who owns which unit and which parts of a development are common property.

The conversion question

Owners holding units under long-term leases registered before the new regime may need to have those interests brought onto sectional plans and registers. The mechanics depend on the specifics of the development and how the original interest was registered.

• Confirm how your current interest is registered and under which statute.
• Establish whether a sectional plan has been or needs to be prepared for the development.
• Understand the position of the management company and common property.

Doing nothing is itself a decision — and not always a safe one when it comes to the clarity of your title.

Common pitfalls

The most frequent issues we see are mismatches between what owners believe they hold and what the register actually says, and developments where common property and service obligations were never cleanly defined. Both surface at the worst possible moment — during a sale or a financing.

The takeaway

The Act is an opportunity to put your title beyond doubt. Treat it as routine maintenance of your most valuable asset rather than a problem to be deferred, and the process is far less daunting.