In Parts 1 and 2, we covered planning, tenure, the survey, and the government approval chain. In this final part: registration, the automatic formation of the Corporation, and the unit factor that governs it.
Registration by the Registrar of Titles
With the sectional plan endorsed by the Director of Surveys and the lease prepared and signed, the application for registration is lodged with the Land Registrar. At this stage:
- The register (deed file) relating to the mother title is closed, and the mother title is surrendered to the Lands Registry.
- A separate register is opened for every unit in the sectional plan.
- A certificate of title (for freehold units) or a certificate of lease (for leasehold units) is issued for every unit.
Freehold sectional property receives a Certificate of Title for Sectional Property; leasehold sectional property receives a Certificate of Lease for Sectional Property. All interests against the mother title, such as a charge or mortgage, are endorsed on all the certificates issued for the sectional units. No more than one unit, and no other land except the share in common property apportioned to the owner of that unit, may be referred to in one register.
Automatic Incorporation: The Corporation Certificate
Upon registration of the sectional plan, the Corporation is formed automatically by law, no incorporation under the Companies Act is required. The Corporation consists of all persons who own units in the parcel, and the Registrar of Lands issues a Certificate of Registration for it.
The Corporation is responsible for keeping the common property in a state of good repair; controlling, managing, and administering the common property; establishing and maintaining a fund for administrative expenses; effecting insurance and payment of premiums; and constituting an internal dispute resolution committee on a need basis.
The Unit Factor: Voting Rights & Cost Allocation
The unit factor for each unit is computed based on the formula provided in the Sectional Properties Act. The core principle is that the unit factor is proportionate to the approximate floor area of the unit in relation to the total unit areas in the development. The schedule of unit factors must be endorsed on the sectional plan in whole numbers.
The proportionate share of each owner in the common property is determined by this unit factor, which also governs voting rights at Corporation meetings and the allocation of costs for maintaining shared areas. For example, if one unit has a unit factor of 10 and a neighbouring unit has a factor of 15, the neighbour’s vote carries more weight in Corporation decisions, and they also pay a larger proportion of the service charge, insurance premiums, and any special levies. The unit factor is the entire operating constitution of the Corporation, so its computation should be accurate and transparent.
Easements: The Unseen Rights That Hold Buildings Together
A critical legal feature that operates automatically upon registration of a sectional plan is implied easements.
While the Act does not exhaustively list these in a single section, they align with the provisions of the Land Act and include party wall easements, the right for unit owners to have the wall shared between their units maintained and supported by both parties, and lateral support, the right for each unit to receive support from adjoining units and the common property, meaning an owner cannot excavate or alter their unit in a way that undermines the structural integrity of a neighbour’s unit.
These easements exist without needing to be registered separately; they are baked into the registration of the sectional plan. By unanimous resolution, a Corporation may also be directed to accept a grant of easement or a restrictive covenant benefiting the parcel.
Post-Registration Reality: The Developer’s Handover
Registration is not the end of the process; it is the beginning of the Corporation’s life. The developer must convene the first Annual General Meeting (AGM) of the Corporation, at which they hand over all as-built survey data and final survey diagrams, utility infrastructure (water meters, electrical systems), copies of insurance policies, and the registered by-laws and conduct rules. From this point, the developer ceases to own the individual units, and the Corporation takes full control of the common property.
Key Takeaways
- Easements are automatic. Party wall rights and rights of lateral support do not need to be separately registered — they are implied upon registration of the sectional plan.
- The 21-year rule is non-negotiable. For leasehold parcels, the head lease must have 21 years or more remaining; a sectional development cannot begin on a lease with only 15 years left, as registration will be rejected.
- General boundaries must be fixed. A parcel under general boundaries requires a fixing survey involving the Land Registrar, District Surveyor, chief, and neighbours.
- Foreigners cannot hold freehold sectional units. Tenure must be converted to leasehold — capped at 99 years — before registration, if the target market includes foreign buyers.
- The unit factor is everything. It determines voting power, cost allocation, and share in common property, so its computation should be accurate and transparent.
- Walls are rarely built exactly where the architect drew them. These “as-built” discrepancies are usually noted when comparing the area in the letter of offer (mostly for off-plan developments) against the unit area in the sectional plan.
- Exclusive Use Area disputes are common. If a surveyor does not specifically denote a parking bay as an Exclusive Use Area, that bay remains Common Property, and anyone can park there.
- Digital signatures are now accepted. Lease documents can be signed digitally via Ardhisasa, Kenya’s digital land registry platform.
In Summary
The journey from an empty parcel of land to a registered sectional property in Kenya involves the Licensed Surveyor, the County Planning Office, the Director of Surveys, the Land Administration Office, the Land Registrar, and the automatic creation of a Corporation.
Along the way, developers navigate change of user approvals, fixing surveys for general boundaries, tenure conversions for foreign buyers, rent apportionment, lease preparation, and the computation of unit factors that will govern the Corporation’s voting rights for decades to come.
The Sectional Properties Act has simplified much of this process compared to the earlier 1987 regime, but these steps remain distinctive features that every developer and buyer must understand.
This article is provided for general informational purposes only and does not constitute legal advice. Readers should consult a qualified professional licensed in Kenya for advice tailored to their specific circumstances.
Last modified: July 21, 2026
