Rainwater Harvesting in Kenya
April 1, 2024
In Kenya's battle with water scarcity, rainwater harvesting emerges as a vital solution. This newsletter explores its essence, operations, applications, regulations, and evaluates its pros and cons.

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Discover insights on property transactions in East Africa, including the conversion of subleases to sectional titles in Kenya, due diligence in Rwandan banking mergers, and streamlining processes in Tanzanian digital transformations. Learn about due diligence measures before purchasing mortgaged pro

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February 1, 2024
GulfCap Real Estate are developers of the KES 6 billion Buxton Point project creating a community with affordable housing. They have commissioned a new state-of-the-art sewage treatment plant worth KE
September 14, 2023
Discover the detailed process of obtaining a change of user approval in Kenya, governed by the Physical Planning Act, 2019. This comprehensive guide covers steps, requirements, costs, and insights int
September 6, 2023
Renting out property in Kenya can be a profitable investment, but it also comes with a number of legal and tax obligations that landlords must be aware of. This article provides an overview of the key
August 30, 2023
Welcome to the latest issue of CM Property Digest (CMPD), your trusted source for legal and industry insights into the dynamic East African property market.

#AwarenessWednesday

Thursday, March 7th, 2024
Container homes are gaining significant traction in Kenya as a potentially sustainable and cost-effective housing solution. However, before embarking on this exciting venture, it is imperative to navigate the legal and financial complexities involved, while also understanding crucial maintenance considerations.  Legal Considerations:  Securing the necessary building permits from the relevant local authorities is mandatory. These requirements can vary significantly depending on location, the size and complexity of your project, and zoning regulations. Consulting with an architect or experienced builder familiar with local regulations regarding container homes is highly recommended to ensure compliance and avoid potential delays or complications.  Ensure your chosen location allows for container home construction. Zoning regulations may have specific requirements concerning materials, setbacks from property lines, and overall design. Consulting local authorities or a qualified professional is essential to ensure your project adheres to all regulations.  Utilize containers certified for structural integrity and specifically intended for conversion purposes. Avoid purchasing heavily damaged containers, as their safety and durability could be compromised.  Financial Considerations  Develop a realistic and comprehensive budget by factoring in the following:  Container acquisition: New or used? Single or multiple units?  Modifications and construction: Insulation, plumbing, electrical work, windows, doors, etc.  Land and foundation: Purchase or lease of land, foundation type (e.g., slab, piers), and any necessary site preparation.  Permits, inspections, and utility connections: Additional costs associated with the permitting process, inspections, and connecting utilities.  Consider engaging a quantity surveyor to create a detailed cost estimate, ensuring you account for all potential financial aspects.  Explore financing options available for non-traditional construction projects in Kenya. While traditional mortgage lenders may not readily offer financing for container homes, consider:  Alternative financing sources: Microfinance institutions or construction loans tailored for non-traditional housing projects.  Personal savings: Utilize personal savings if available to finance your container home project.  While unique and potentially appealing to specific buyers, market perception of container homes might... Continue Reading
Wednesday, February 28th, 2024
The authority which established the platform and its operation comes from amendments made to the Land Registration Act (the Ardhisasa platform operates under Kenya's Land Registration Act 2012, specifically guided by Section 9, which mandates the maintenance of land registers and documents in secure, accessible, and reliable electronic formats, thus legalising the digitisation of land transactions and records.), the Physical Planning Act (amendments facilitating electronic submission and processing of planning applications), and the National Land Commission Act (provisions for the management and administration of public land through digital means).   In Kenya, the ArdhiSasa platform represents a significant effort towards digitalising land administration and transactions, promising a more transparent, efficient, and accessible process for citizens. Understanding how to navigate this platform, especially for tasks such as registering a charge or ordering land-related documents like title deeds, surveys, and plans, is important for landowners, potential buyers, and legal professionals.   Registering a Charge and Ordering Titles on Ardhisasa vs. Traditional Methods Registering a charge or ordering a title on ArdhiSasa begins with creating an account on the platform. Once logged in, you can follow simple steps to initiate a charge registration, which involves filling out electronic forms and attaching necessary documents. Similarly, ordering a title or accessing surveys and plans is streamlined, allowing users to request these documents online, pay the required fees digitally, and receive electronic copies or notifications on how to collect physical copies.  The platform is designed to ensure transparency and reduce the time needed for these processes. It also aims to minimise the risk of fraud and errors, given its reliance on digital records and signatures.  Before ArdhiSasa, these processes were largely manual, requiring a full physical presence at various land offices, filling out paper forms, and encountering lengthy queues and processing times. The risk of document loss, fraud,... Continue Reading
Wednesday, February 7th, 2024
Introduction  The Kenyan construction industry pulsates with the promise of development. Yet, this dynamism is shadowed by a persistent challenge: soaring construction costs. This complex issue cripples not only project viability but also hinders the nation's progress towards affordable housing and sustainable infrastructure. This article delves into the factors fuelling these inflated costs, their impact on Kenya’s critical housing development goals, and potential solutions for navigating a path towards a more cost-effective and robust construction future.  What are the contributing factors to the high construction costs? To effectively address this challenge, it is crucial to deconstruct the key factors contributing to these elevated costs and their multifaceted implications. Economic factors such as GDP, inflation, and interest rates significantly influence investment in the construction industry. Political factors, particularly election cycles and government corruption, also play a role in shaping investor decisions. Strict environmental regulations are identified as impacting construction investment.  1. Volatile Raw Material Prices: Cement, steel, and timber, the very lifeblood of construction, are susceptible to global market fluctuations and local logistical challenges. This volatility, exemplified by the recent 20% increase in cement prices due to supply chain disruptions, directly impacts project budgets, forcing developers to make difficult trade-offs between quality and affordability. 2. Inadequate Infrastructure Networks: Kenya's infrastructure landscape presents a significant bottleneck, acting as a tollbooth on the path to progress. Poor transportation networks, poor urban planning and unreliable logistics infrastructure choke the delivery of materials, adding substantial time and cost burdens to construction projects. The Kenya Power and Lighting Company (KPLC) plays a pivotal role in the nation's construction industry, but its impact on project costs is multifaceted and nuanced. While reliable electricity access can undeniably enhance efficiency and unlock cost-saving opportunities, KPLC connections can also contribute to inflated construction expenses. Understanding both sides of this equation... Continue Reading

Featured Articles

Rainwater Harvesting in Kenya

Rainwater Harvesting in Kenya

In Kenya's battle with water scarcity, rainwater harvesting emerges as a vital solution. This newsletter explores its essence, operations, applications, regulations, and evaluates its pros and cons.
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Smart Home Security Systems

Smart Home Security Systems in Kenya

As Kenya embraces digital transformation, smart home security systems gain popularity for enhancing property security and efficiency. This newsletter explores their functionality, legislation, installation, and pros and cons, offering practical solutions for homeowners.
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Kenya's Affordable Housing Bill

Kenya’s Affordable Housing Bill Becomes Law

Jump into the future of living with our latest feature on Home Automation in Kenya! Discover how smart technology can redefine your living space with unparalleled convenience, security, and energy efficiency.
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Container Homes in Kenya: Navigating the Legal Landscape, Financial Considerations, and Maintenance 

Container homes are gaining significant traction in Kenya as a potentially sustainable and...
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​​​The ArdhiSasa Platform: Kenyan Land Management 

In Kenya, the ArdhiSasa platform represents a significant effort towards digitalising land administration and transactions, promising a more transparent, efficient, and accessible process for citizens.
Continue reading

The Road Ahead: A Guide to Kenya’s Tolling Expansion and its Impact on Real Estate 

Discover the intricate legal frameworks governing Kenya's proposed road tolling expansion, poised to reshape infrastructure financing. Delve into the classification of roads, from strategic Class-A corridors to important Class-B routes, and understand their role in national development. Uncover the government's tolling framework, highlighting its revenue generation strategies and regulatory mechanisms. As stakeholders assess the potential impacts, from infrastructure enhancements to socioeconomic considerations, a nuanced understanding of tolling's implications becomes paramount.
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Building Dreams, Battling Costs: Navigating Kenya’s Construction Conundrum  

Kenya's construction industry brims with promise, yet grapples with soaring costs hindering progress. Explore the factors fueling this conundrum, from volatile raw material prices to cumbersome land acquisition processes. Learn how streamlined regulations, incentivized eco-friendly practices, and public-private partnerships offer a path toward affordable, sustainable development.
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Breath of Relief for Mombasa Residents as New State-of-the-art Sewage Treatment Plant in the Works

GulfCap Real Estate are developers of the KES 6 billion Buxton Point project creating a community with affordable housing. They have commissioned a new state-of-the-art sewage treatment plant worth KES 100 million set to have a capacity of 1000 cubic meters which will be ready early this year.
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Opinion and Analysis