President Uhuru Kenyatta has signed into law the Sectional Properties Act 2019 that provides for the division of buildings into units to be owned by individual proprietors.

The new law also provides apartment owners greater transaction ability in financing and disposal of their properties. The new law repeals the Sectional Properties Act of 1987.

Under the new Sectional Properties Act, developers can subdivide buildings into two or more units by the registration of a sectional plan prepared, by a surveyor, from a building plan that has been approved by a county government. For common property comprised in a registered sectional plan, the Act provides that they shall be held by the owners of all the units as tenants in common in shares proportional to the unit factors for their respective units.

Landlords or owners of existing units are allowed to convert their properties into units under the act if they want to sell them as units. This implies developers will no longer be allowed to sell units without sectional plans to enable individual ownership.

In order to preserve the interest of homeowners, the Sectional Properties Act prevents developers from constructing additional buildings after selling some units.