The ever-evolving Kenyan real estate landscape has been profoundly reshaped by the Sectional Properties Act 2020. This landmark legislation revolutionized the registration and management of sectional developments. Understanding the intricacies of this Act and its 2021 regulations is not just advantageous; it is an essential prerequisite for navigating the evolving terrain of Kenya’s property market. This guide demystifies the Sectional Plan Registration Process, outlining the key steps and requirements for bringing your development to life with confidence.
Creating a Sectional Development
The cornerstone of any successful sectional development lies in meticulous planning. This process commences with the appointment of a licensed surveyor, who plays a pivotal role in crafting a comprehensive sectional plan. This document is the lifeblood of your development, encompassing detailed information about individual units, floor areas, and unit factors. Derived from an approved building plan, the sectional plan rests upon a firm foundation of land searches, construction permits, and detailed floor plans. It is crucial to remember that the physical structures must be in place before embarking on this phase.
Registration and Corporation Formation
With the sectional plan meticulously prepared, the next step involves submitting an application for registration to the land registry. This application also seeks the incorporation of a management corporation, a vital entity representing the interests of all unit owners. Upon successful registration, you will receive a certificate for the corporation, marking a significant milestone in the process.
Rates Apportionment
Following registration, the land registrar forwards the sectional plan to the county government for rate apportionment. This crucial step ensures a fair and transparent financial framework for all stakeholders by determining and allocating rates for the development within a 21-day timeframe.
Plan Registration Requirements
As with any legal undertaking, success hinges on meticulous attention to detail. To ensure a smooth registration process, your sectional plan must adhere to the following:
- Clear Designation: Be explicitly labeled as a “sectional plan” with a precise location reference.
- Title Identification: Clearly identify the relevant parcel’s title.
- Detailed Drawing: Include a comprehensive drawing with numbered units and their respective floor areas.
- Unit Factors: List the assigned unit factors for each individual unit.
- Signatures and Addresses: Bear the signatures of both the owner and the surveyor, and provide the management corporation’s address for document service.
- Multiple Unit Identification: When describing multiple units, ensure unambiguous user identification.
Plan Endorsements
Before your sectional development plan can be officially registered, it requires two crucial endorsements:
- Surveyor’s Endorsement: The surveyor must confirm the physical structure’s conformity to the plan and identify any easements beyond boundaries.
- County Government Endorsement: The county government’s endorsement finalizes the legal standing of your sectional development by confirming its approval of the planned unit division.
Conclusion:
The registration of a sectional development in Kenya is a multi-faceted process that demands precision and adherence to established guidelines. For lawyers and real estate stakeholders, staying well-versed in the Sectional Properties Act, 2020 and its regulations is not simply advisable; it is an essential cornerstone for navigating the complexities of this transformative legal landscape.
Disclaimer:
The goal of this write-up is to foster an open exchange of ideas and perspectives related to the topic. It is intended to encourage dialogue and invite comments from readers. The information presented should not be construed as legal advice or a definitive position on the matter, and individuals should seek professional legal counsel for specific situations or concern.
