Updated 12 November 2026
Buying off-plan in Nairobi means paying for an apartment before it is built, usually with a deposit and stage payments, in return for a lower price than a finished unit. The risk is that the building is delayed, never finished or built without approvals, and your money is tied up in it. Most of that risk can be checked before you sign. This guide gives nine checks to run, in order, using public records and the developer’s own approvals.
Updated 12 November 2026. The NCA requirements below are quoted from the National Construction Authority’s project registration page, checked 12 November 2026. This is general information, not legal advice; use an advocate for the sale agreement.
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Why buying off-plan in Nairobi needs checks
Anyone buying off-plan in Nairobi is, in effect, lending money to a project. The developer uses deposits to build, and the buyer gets a unit and a title at the end. Every approval the project needs, from land ownership to county planning to National Construction Authority (NCA) registration, leaves a record. If a developer cannot show those records, the problem is better found before you pay than after the hoarding goes up. For plot purchases, many of the same frauds apply; read our guide to land fraud in Kenya alongside this one.
The 9 checks for buying off-plan in Nairobi, in order
1. Search the land title
Ask for the title number of the land the block sits on and run an official search. Nairobi titles are searched on Ardhisasa; our land search guide shows how. Confirm the registered owner is the developer, or that there is a written joint venture between the landowner and the developer, and note any charge (bank loan), caution or restriction on the title.
2. Confirm county planning approval
Ask for the Nairobi City County approval for the building plans (NCA lists “physical planning forms (county approval permits/letters/PPA2)” among its requirements). The approved plans should show the same number of floors and units you are being sold. A sales brochure showing more floors than the approval is a warning sign.
3. Check NCA project registration
NCA’s page quotes regulation 17 of the NCA Regulations 2014: “All construction works, contracts or projects either in the public or private sector shall be registered with the Authority,” and the owner must apply within thirty days of awarding the contract to a registered contractor. NCA adds that it is the responsibility of the developer, not the contractor, “without exceptions”, and that registration is currently free. Ask for the project registration certificate. Our NCA project registration guide explains it from the developer’s side.
4. Check the contractor’s NCA licence
NCA requires the contractor and any sub-contractor to be registered with NCA and hold a valid practising licence for the current financial year. Ask for the contractor’s name and check it; see how to check an NCA-registered contractor. The contractor’s NCA category should match the size of the job.
5. Check the consultants
NCA also requires the project’s consultants, such as the engineer, architect and quantity surveyor, to be registered with their professional bodies, naming the Engineers Board of Kenya and the Board of Registration of Architects and Quantity Surveyors, with valid practising licences, plus supervision commitment letters. A project with a named, registered architect and engineer supervising the work is far safer than one where nobody will say who designed the structure.
6. Check the NEMA licence and other approvals
NCA lists “other statutory and regulatory approvals such as NEMA, EPRA, WRA and KCAA licenses where applicable”. Large residential blocks usually need an environmental impact assessment licence from NEMA; see our NEMA EIA licence guide. Tall buildings may need Kenya Civil Aviation Authority clearance, and boreholes need Water Resources Authority permits.
7. Read the sale agreement and payment plan
Have your own advocate review the agreement before you pay anything beyond a small booking fee. Check: the exact unit and floor plan; the price and stage payments tied to construction milestones rather than dates alone; where deposits are held (an advocate’s client account or an escrow account is safer than the developer’s operating account); the completion date; what happens if completion is late; and how and when you get a refund if the project stops.
8. Confirm the title you will get
Apartments in Kenya are transferred as sectional titles under the Sectional Properties Act, 2020, usually after the building is complete and the sectional plan is registered. Ask the developer how and when individual titles will be issued, and whether a management company will hold the common areas. Our guide to sectional title conversion explains the process, and how to get a title deed covers the registry steps.
9. Check who is selling to you
If you are buying through an agent, ask for the agent’s registration with the Estate Agents Registration Board, and pay only into accounts named in the sale agreement, never into a personal M-Pesa or bank account given by phone.
Documents to ask for when buying off-plan in Nairobi
| Document | What it proves | Check against |
|---|---|---|
| Title number and official search | Who owns the land and any charges | Ardhisasa search in your own name |
| County approval / PPA2 | The building plans are approved | Floors and units in the brochure |
| NCA project registration certificate | The project is registered under regulation 17 | Project name and contractor |
| Contractor’s NCA licence | A licensed builder is on site | NCA register, current financial year |
| Consultants’ registrations and supervision letters | Qualified people designed and supervise it | EBK and BORAQS registers |
| NEMA licence (where required) | Environmental approval | Project name and location |
| Draft sale agreement | Your rights, refunds and deadlines | Your own advocate’s review |
Red flags when buying off-plan in Nairobi
- The developer cannot or will not show the title search, county approval or NCA registration.
- The registered landowner is a stranger with no written agreement with the developer.
- Pressure to pay the full price or a large deposit before an advocate has seen the agreement.
- Payment requested into a personal account or a different company from the one in the agreement.
- No completion date, or no remedy for late completion.
- More floors or units marketed than the approved plans show.
Costs to budget beyond the price
The price of the unit is not the full cost of buying off-plan in Nairobi. Budget for your advocate’s fees, stamp duty on the transfer (see stamp duty rates and how to pay), registration costs for the sectional title, service charge deposits once you move in, and interest if you finance stage payments with a loan (compare lenders on mortgage rates in Kenya). To see which large projects are under way in the city, browse the Nairobi projects tracker.
Frequently asked questions
Is buying off-plan in Nairobi safe?
It can be, if the land, approvals, contractor and sale agreement check out and your deposits are protected. The risk comes from delays and unapproved projects, which the nine checks above are designed to catch.
Who registers a building project with NCA?
The developer. NCA says it is the developer’s responsibility, not the contractor’s, within thirty days of awarding the contract, and that registration is currently free.
What documents should an off-plan developer show me?
A title search, county planning approval, NCA project registration certificate, the contractor’s NCA licence, consultants’ registrations, any NEMA licence and a draft sale agreement for your advocate to review.
When do I get a title for an off-plan apartment?
Usually after completion, when the sectional plan is registered and individual sectional titles are issued under the Sectional Properties Act, 2020. Ask the developer for the expected timeline in writing.
Where should I pay my off-plan deposit?
Only into the account named in the sale agreement, ideally an advocate’s client account or escrow account, and never into a personal account given by phone or text.
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