For decades, Kenyans who bought apartments didn't actually "own" the land their house sat on. Instead, they were given a "Long-Term Lease" (usually 99 years) and a share in a management company that owned the land. This system was confusing, prone to fraud, and made using your apartment as security for loans difficult.

The Sectional Properties Act (2020) has changed everything. It mandates that all long-term leases for apartments and offices must be converted into Sectional Titles.

What is the Difference?

  • Old Regime (Lease): You owned the right to live in the house for a number of years, but the "Mother Title" remained with the developer or a company. If the developer defaulted on a loan, the bank could auction the whole land—including your apartment.
  • New Regime (Sectional Title): You get a real Title Deed for your specific unit (e.g., "Apartment B4"). You own the unit and a proportionate share of the common areas (stairs, parking, garden) directly. The "Mother Title" is closed, and the developer loses control.

Why You Must Convert Now

The government set a deadline for this conversion. Failing to convert has serious risks:

  1. Bank Loans: Most banks have stopped accepting long-term leases as security. They now demand Sectional Titles because they are easier to charge.
  2. Property Value: Buyers are becoming educated. Selling an apartment with an old lease is becoming harder as buyers prefer the security of a Sectional Title.
  3. Developer Control: Conversion cuts off the developer. It gives the residents' association full legal ownership of the compound, ending cases where developers hold onto title deeds to manipulate management fees.

The Conversion Process

The process involves submitting your old lease, the original Mother Title (if available), and a new geo-referenced plan to the Land Registry. At Wanyoike & Partners, we help Resident Associations and individual owners navigate this transition smoothly.

Own an Apartment?
Don't wait for the deadline to expire. Contact us to start your conversion process today and secure your true ownership.