RELEVANT DOCUMENTS IN A SALE AND PURCHASE OF AN APARTMENT IN KENYA

The Sectional Properties Act 2020 and the Sectional Properties Regulation, 2021 requires developers of apartments to register and issue sectional title to each unit in the development unless exempted. Any buyer of an apartment must therefore ask for the following documents while engaging in an apartment sale and purchase transaction.

1. The sale agreement.
2. By-laws for the development.
3. Copy of the mother title or the sectional title for the unit if already developed.
4. Copy of the sectional plan or proposed sectional plan.
5. Transfer document which must be stamped and registered at land registry.
6. Stamp duty payment slip upon transfer.
7. Stamp Duty valuation Form (approved by the Government Valuer) for the Apartment.
8. Practical Completion Certificate.
9. Certificate of registration of the Corporation (or management company where applicable).
10. Copy of the license from National Construction Authority in respect to the development.
11. Copy of the license from the National Environmental Management Authority authorizing the Development.
12. Copy of Property Occupation Certificate.
13. Copy of parties’ passport bio data page OR identification card, KRA pin certificates and passport photographs.
14. Share certificate and CR12 where there is a management company involved.
15. The charge registered against the mother title or the sectional title (if any); and
16. Where there is a charge or proposed charge, a notice indicating:
17. The principal amount secured by the Charge.
18. Monthly instalments payable under the Charge by the developer.
19. Term of the loan.
20. Rate of interest payable on the loan.
21. any privileges on pre-payment of the loan.

At A.O.WANGA ADVOCATES we are happy to assist you with due diligence when purchasing property in Kenya.

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