Apartment Ownership: Sectional Properties Act in Kenya

Sectional Properties Act is a game-changer in Kenya’s real estate sector — especially when it comes to apartment ownership. The piece of law provides a clear and structured way for individuals to legally own apartments (units) within a building, while also co-owning shared spaces like staircases, lifts, lobbies, and parking bays.

With urban living on the rise and more Kenyans investing in high-rise developments, understanding this Act is no longer optional — it’s essential. Whether you’re a buyer, investor, developer, or agent, the Sectional Properties Act ensures that ownership is secure, transparent, and bankable. You don’t just get a roof over your head — you get a title deed, shared governance rights, and full legal recognition.

In this article, we’ll break down what the Sectional Properties Act means, why it matters, and how it affects apartment buyers — especially in modern apartment developments.

What the Sectional Properties Act Means for You

If you’ve ever wondered how owning an apartment works in Kenya — or what the legal framework behind it is — you’re not alone.

With more Kenyans buying apartments in Nairobi and satellite towns, it's crucial to understand the rights, rules, and benefits that come with this type of property.

Before we break it down, figure out an apartment with several floors contain 2,3,4 bedroom units. Go ahead and imagine owning just a unit fully (just one).

Now let’s explore how its happening:

What is the Sectional Properties Act?

The Sectional Properties Act (2020) provides the legal structure that allows individuals to own individual units (like apartments) within a building — and also co-own shared spaces like the parking lot, lobby, or staircases.

It replaced the older 1987 Act and aligned Kenya with modern real estate trends, especially in urban housing.

Key Highlights of the Act:

1. Individual Title Deeds for Units

You no longer just get a share certificate. You get a registered title deed for your specific apartment — making it legally recognized and transferrable.

2. Legal Recognition of Shared Spaces

You co-own shared areas with other unit owners, making management and maintenance more structured and fair.

3. Formation of Management Corporations

All apartment owners become members of a management corporation that oversees things like repairs, security, waste, and landscaping.

4. Clarity in Sale & Transfer

It’s now easier to sell or transfer apartments — buyers and banks have more confidence because titles are clean and defined.

Rights of the Buyer or Investor under the Sectional Properties Act

• You can rent, resell, or inherit your apartment like any standalone home.

• You can secure a mortgage more easily since apartments have proper titles.

• There’s legal protection when disputes arise over maintenance, noise, or shared expenses.

• Great for investment, especially with rental income and appreciation in areas like Milimani, Parkland, Karen etc.

Example of sectional title Apartments in parklanda

Using one of Gesi Properties' project in parklands, this example is intended to reveal a real case scenario you can refer to - You can go ahead and enquire more or even visit the apartment to just be sure and gain more clarity.

Well, we will use the Sultana Residency in Parklands Nairobi.

When you buy a 2, 3, or 4-bedroom apartment, you are covered or rather operating within the law governing the sectional property ownership. Whereby:

• You get a title deed for your unit.

• You’re part of a management corporation that handles shared spaces.

• Your property is easier to insure, resell, or rent.

In short, that your home and you can do whatever you want with it.

However, some spaces are co-owned;

• Reception Lobbies with Concierge Services

• Fully-fitted Fitness Gym

• Children’s Play Zone – Safe fun for kids.

• Residents Social Hall – Community connection.

• Gates, CCTV Cameras, Borehole & Back-Up Generator

• Elevators

• Parking Bays

Whether you’re a first-time buyer or an investor, understanding apartment ownership under the Sectional Properties Act protects your money and your peace of mind. Here are more consideration to help you own a home

Download the entire Act document from Kenya Law