Sectional Title Conversion in Kenya: 6 Clear Steps for Apartment Owners

Updated 7 November 2026

Sectional title conversion is the process of turning an old apartment sublease, backed by a share in a management company, into a unit title of its own under the Sectional Properties Act, 2020. The Act gave owners of existing long-term subleases over flats, maisonettes, townhouses and offices two years to convert, and that period ended on 28 December 2022. Many Nairobi buildings missed it. Conversion is still being processed, and owners can apply even if the developer or management company does nothing.

Checked on 7 November 2026 against the Sectional Properties Regulations, 2021 published by the Ministry of Lands (regulations 18 to 22), with commentary from Peter Maina & Company Advocates (updated 1 October 2026) and IKM Advocates (DLA Piper Africa). This is general information, not legal advice.

Contents: Why convert · Who applies · Documents · Six steps · Exempt leases · Buying or selling · FAQ

Why sectional title conversion matters

Before the Act, an apartment buyer usually got a long sublease (often 99 years less a few days) plus a share certificate in a management company that held the main title. The Act replaced this with sectional units: each unit appears on a registered sectional plan and has its own certificate of title or lease, while the common areas belong to a corporation of the owners.

The law firm Peter Maina & Company says an unconverted sublease is not void and the owner still owns the unit. But it reports that registries now restrict dealings on the main parcel of unconverted buildings, so owners struggle to sell, borrow against or pass on units by registered transfer until the building converts. Buyers’ banks often refuse to lend on such units.

Who can apply for sectional title conversion

Regulation 18 sets out three situations:

• All units sold and the reversion held by the management company in trust for owners: the management company applies on Form SP 16.
• All units sold and the reversion agreed in writing to pass to the management company: the management company applies on Form SP 16.
• Only some units sold, with the same written agreement: the developer applies on Form SP 16.

Crucially, if the management company has not issued shares as agreed and fails to apply, or the developer fails to apply, the management company or any owner or owners may apply instead. Owners are not stuck waiting.

Documents for sectional title conversion

Regulation 19 says the application must come with:

• the sectional plan;
• the sublease or long-term lease;
• the certificate of lease; or
• the parcel title, or a copy of it.

If the original parcel title cannot be found and is not charged, an indemnity is given and the Registrar calls for the title by Gazette notice. If it is still not produced 60 days after the notice, the Registrar may register the sectional plan, issue unit titles and close the old parcel register. Where approved building plans are missing or do not match the building, regulation 20 allows a sworn affidavit, a plan prepared by the surveyor without them, and county endorsement based on the affidavits.

Six sectional title conversion steps in practice

1. Organise the owners. Confirm who holds what, check the management company’s status and agree on sharing costs.
2. Check the main title. Do a search on the parcel; our Ardhisasa land search guide shows how. Look for charges, caveats and unpaid land rates. Peter Maina & Company notes that a leasehold main title generally needs at least 21 years left before units convert.
3. Hire a licensed surveyor to prepare the sectional plan showing each unit and the common property.
4. File Form SP 16 with the plan and the documents listed above. If the property is charged to a bank, the application goes through the chargee, and the new titles carry the charge.
5. Receive unit titles. The Registrar registers the plan and issues each owner a certificate of title or lease.
6. Hand over to the corporation. Under regulation 21, the management company transfers its assets and liabilities to the owners’ corporation within one year of the corporation’s registration.

On the cost of sectional title conversion, regulation 36 applies the fees prescribed under the Land Registration Act, 2012. The surveyor’s fee for the plan is usually the largest cost and is shared across the building. Ask whether stamp duty was paid on your original sublease; the law firm says it is not charged again where it was.

Leases exempt from conversion

Regulation 22 says conversion does not apply to leases where:

• the agreement expressly says the reversion belongs to the developer, lessor or management company as legal owner, not as trustee;
• large mixed-use or phased developments where the agreement keeps the reversion with the developer or management company;
• projects of strategic national importance, substantial transactions and special economic zones where giving up the reversion is impractical.

Buying or selling an unconverted unit

For sellers, starting conversion before listing avoids a weak negotiating position. For buyers, the safer options are to walk away, to price in the conversion risk, or to sign a conditional agreement in which the deposit is held until sectional title conversion is complete and the unit title is issued. In each case, have an advocate check the sublease, the share certificate and the state of the main title before paying anything.

Frequently asked questions

Is my apartment sublease still valid after the 2022 deadline?

Lawyers say yes: the interest is not cancelled. But registries restrict dealings on unconverted buildings, so selling or charging the unit is difficult until conversion.

Can owners apply for sectional title conversion without the developer?

Yes. Regulation 18 lets the management company or any owner apply where the developer or management company fails to.

Which form is used for sectional title conversion?

Form SP 16, set out in the First Schedule to the Sectional Properties Regulations, 2021.

What happens to the management company after conversion?

It transfers its assets and liabilities to the owners’ corporation within one year of the corporation’s registration.