Frequently Asked Questions

Sectional ownership is a modern land-ownership system where a building is legally divided into individually owned units such as apartments, maisonettes, shops, or offices while all owners collectively share and manage common spaces like corridors, lifts, driveways, gardens, and roofs.

Sectional ownership in Kenya is governed by the Sectional Properties Act, 2020, together with the Sectional Properties Regulations, 2021. These laws outline how units are created, registered, owned, managed, and transferred.

The Act applies to: New residential, commercial, and mixed-use developments; Existing buildings previously operating under long-term leases of more than 21 years; Freehold properties and leasehold properties where the remaining term exceeds 21 years.

Common property includes all the areas and facilities of a development that do not belong to any single unit. These typically include: Driveways & parking areas, Lobbies, corridors, and staircases, Lifts, Gardens, lawns, and recreational spaces, Perimeter walls, roofs, and structural components, Shared plumbing, drainage, and electrical systems.

Absolutely. Once registered under the Sectional Properties Act, your unit becomes a standalone property with its own title. You can freely: Sell it, Transfer it, Charge, Lease it, Bequeath it. This is one of the key advantages of sectional ownership – it offers the same flexibility and security as owning land.

Upon registration of a sectional plan, the law automatically creates a Corporation (often referred to as a Body Corporate). Every unit owner becomes a member. The Corporation acts as the management body for the development.

The Corporation is responsible for ensuring the development is well-run, safe, and properly maintained. Its core functions include: Managing, repairing, and maintaining common property; Enforcing by-laws and house rules; Preparing budgets and collecting service charges; Ensuring the building is adequately insured; Keeping management and financial records; Convening AGMs and other owners' meetings; Entering contracts and, where necessary, initiating or defending legal action. It acts in the collective interest of all owners.

By owning a unit, you also agree to: Pay service charges promptly; Comply with the Corporation's by-laws; Maintain the interior of your own unit; Avoid altering or damaging common property; Grant access for essential repairs involving shared services (e.g., drainage blockages affecting multiple units).