Sectional Properties

Specialized legal services for apartments and shared developments

The Sectional Properties Act of 2020 has transformed property ownership in Kenya, particularly for apartments, townhouses, and other shared developments. At Babu Law Firm, we offer specialized legal services to help developers, property managers, and unit owners navigate this new legal framework and maximize the benefits it provides for secure title ownership and effective property management.

Our Sectional Properties Services

Sectional Property Registration

We guide developers and property owners through the complete process of registering properties under the Sectional Properties Act, ensuring compliance with all legal requirements.

Sectional Plan Preparation

Our team works with surveyors and architects to prepare and review sectional plans that accurately define units, common property, and exclusive use areas.

Unit Title Issuance

We handle the processing and issuance of individual unit titles, facilitating the transition from long-term leases to secure ownership rights.

Corporation Formation

Our legal experts assist in establishing and registering management corporations that will oversee the shared aspects of sectional property developments.

By-law Drafting

We draft comprehensive by-laws that govern the rights and responsibilities of unit owners, providing clear guidelines for property management and conflict resolution.

Transition Assistance

We help developers and property managers navigate the transition from traditional property structures to the sectional property framework, ensuring smooth implementation.

Unit Owner Advisory

Our attorneys advise individual unit owners on their rights, responsibilities, and remedies under the Sectional Properties Act, protecting their investments.

Dispute Resolution

We provide specialized dispute resolution services for conflicts arising within sectional property contexts, including management corporation disputes and owner disagreements.

Sectional Properties Framework

Understanding the rights and responsibilities within the sectional properties framework is essential for successful implementation and management of these properties. Here's what unit owners need to know:

Key Benefits

Secure individual titles for apartments and units
Clear definition of ownership boundaries
Improved property financing options
Enhanced property value and marketability
Streamlined property transfer processes
Strengthened owner rights and protections
Simplified succession planning for unit owners
Reduced land-related disputes

Owner Responsibilities

Contributing to management corporation funds
Complying with development by-laws
Participating in corporation governance
Maintaining exclusive use areas
Respecting common property regulations
Adhering to building modification rules
Resolving disputes through proper channels
Fulfilling statutory obligations

Frequently Asked Questions

What is the Sectional Properties Act?

The Sectional Properties Act of 2020 is legislation that provides a legal framework for dividing buildings into units owned by individual owners and common property owned by all unit owners. It enables the creation of individual titles for apartments and units within multi-dwelling buildings, replacing the previous system of long-term leases with definitive ownership rights.

How does sectional property ownership differ from traditional property ownership?

Sectional property ownership allows individuals to own specific units within a larger property development while sharing ownership of common areas through a management corporation. This differs from traditional property ownership where one typically owns both the building and the land it sits on. With sectional properties, owners receive a title deed for their specific unit along with an undivided share in the common property, rather than leasehold interests.

What is a management corporation?

A management corporation is a legal entity established under the Sectional Properties Act that comprises all unit owners within a sectional property development. It is responsible for managing and maintaining common property, enforcing by-laws, collecting levies from unit owners, insuring the property, and resolving disputes between owners. Each unit owner automatically becomes a member of the management corporation upon purchasing their unit.

Can existing buildings be converted to sectional properties?

Yes, existing buildings can be converted to sectional properties under the Sectional Properties Act. The process involves creating a sectional plan, registering it with the land registrar, establishing a management corporation, and issuing individual unit titles. For existing buildings with leaseholders, the process typically requires consent from a majority of current leaseholders and compliance with conversion requirements outlined in the Act.

Need Guidance on Sectional Properties?

Our specialized team is ready to help you navigate the complexities of the Sectional Properties Act and maximize the benefits it offers for your property development or unit ownership. Contact us today to schedule a consultation.