Ardhisasa and Sectional Titles: What Nairobi Apartment Owners and Buyers Need to Know By Purity K. Mbaabu, Advocate of the High Court of Kenya, Purity K. Mbaabu & Associate Advocates, Nairobi. Published 5 November 2026.
Ardhisasa and Sectional Titles: What Nairobi Apartment Owners and Buyers Need to Know
If you own, plan to buy or want to sell an apartment in Nairobi, two changes matter to you. Land dealings have moved onto Ardhisasa, the Ministry of Lands' online land information system. And the Sectional Properties Act, 2020 has changed how apartment ownership is meant to be recorded. Banks, buyers and the Lands Registry increasingly expect something different from owners holding old LR titles or developer subleases.
This article explains both changes in plain terms, what to check before you pay a deposit, and where the law and registry practice are still unsettled.
The short answer. Before you buy or sell an apartment in Nairobi, do an official search on Ardhisasa and find out whether the development has been converted to sectional titles. If you hold only a sublease from a developer or management company, you may not have the title a buyer or lender now expects, and the conversion should be raised with an advocate early.
What Ardhisasa is and why it matters
Ardhisasa is the Ministry of Lands' digital land management platform. It was launched in April 2021, and in June 2021 the Ministry announced that the Central Lands Registry at its Upper Hill headquarters had been permanently closed as it moved to the new system. Files were to be moved to their home registries in the counties, with Nairobi property files going to the Nairobi Registry.
In practice, many land dealings are now done or started online, including searches, transfers, charges and caveats. Because records are being migrated, some titles may not yet be fully updated online. If a search returns incomplete information or no result, do not assume the title does not exist. Raise it with the registry through an advocate.
Setting up an account
Individuals generally register with their national ID number, KRA PIN, phone number and email address, and verify by a code sent to their phone or email. Companies register using their incorporation details, and advocates and other professionals have their own category. Non-citizens should confirm the position and process with the Ministry or an advocate before relying on a third-party guide.
Need help setting up your Ardhisasa account?
If you would rather not work through registration and verification on your own, use one of these guides.
Ardhisasa setup help for Kenyans Ardhisasa setup help for foreigners
What an official search tells you
- The registered proprietor of the title.
- Encumbrances such as charges (mortgages), cautions and restrictions.
- The status and particulars of the title, including its description.
Search fees have been reported differently in different guides, so confirm the amount on the platform before you pay. A search is a starting point, not a complete due diligence. It does not tell you whether service charges are paid, whether the building has the required approvals, or whether the unit you are viewing is the unit on the title.
Be careful who helps you. The State Department for Lands and Physical Planning has publicly warned against a private company that charged for Ardhisasa coaching and suggested a link to the department. Official tutorials are free on the department's own channels. Do not pay a stranger to "fix" or "validate" your title.
The apartment ownership problem
For many years, apartments in Nairobi were sold through long-term subleases, often 99 years, granted by the developer or a developer-linked management company out of one "mother" title. The buyer held a sublease, not a title of their own to the unit.
That structure carries real risk. If the developer charges the mother title to a bank, falls behind on land rates or rent, or sells a unit twice, the problem can reach the people who paid for individual units.
What the Sectional Properties Act, 2020 changes
The Sectional Properties Act, 2020 replaced the earlier 1987 law. In summary, it provides for the following:
- A title for each unit. Apartments, maisonettes, townhouses and offices can each be registered separately, and the title shows the owner's share in the common property.
- A sectional plan. A licensed surveyor prepares a plan showing each unit, the common property and any exclusive-use areas such as parking bays or balconies. The plan is approved by the Director of Surveys before it is registered.
- A corporation of unit owners. On registration of the sectional plan, the owners together form a corporation that manages the common property.
- Conversion of older arrangements. Long-term subleases that gave ownership of a unit are expected to be converted so that they comply with the Land Registration Act, 2012 and the new regime.
| Question | Developer sublease | Sectional title |
|---|---|---|
| What do you hold? | A sublease granted out of the developer's title | A registered title for your unit, showing your share in the common property |
| Who holds the parent title? | Usually the developer, who may charge it to a lender | The parent arrangement is normally replaced by individual registers on conversion |
| Who manages the common areas? | The developer or a management company, under contract | A corporation of all unit owners, created on registration |
| How do lenders and buyers see it? | Often with caution | Generally easier to finance and resell |
Where the law and practice are still unsettled
Different firms and commentators describe the conversion timeline and consequences differently. Some report that the Lands Registry may place restrictions on the parent title of a development that has not been converted, which would block sales, transfers and new charges. Others describe a compliance period ending in 2026 without citing the provision. Estimates of how long conversion takes range from about two to six months, depending on the documents and registry processing.
For these reasons, do not rely on a general statement. For any specific development, confirm the current position at the Lands Registry, ideally through an advocate, before you commit money.
Who can start a conversion?
The developer or the proprietor of the parent title is the natural applicant. Several firms report that where the developer is absent or unresponsive, an individual unit owner, a group of owners or a registered management company may be able to start the process. Whether and how this works depends on the facts and the registry's requirements, so take advice before you assume it.
What a conversion typically needs
- The parent title and a check of any charges, cautions or restrictions on it.
- The consent of any lender holding a charge over the parent title.
- Approved building plans and, for a completed building, evidence that it may lawfully be occupied.
- Land rates and land rent clearance.
- A sectional plan prepared by a licensed surveyor and approved by the Director of Surveys.
- Draft by-laws for the corporation of owners.
- The prescribed application forms and fees.
A buyer's checklist before you pay a deposit
- Run an official search on Ardhisasa and compare the registered proprietor's name and the parcel details with what the seller has told you, character by character.
- Ask whether the development has been converted. Is there a registered sectional plan, and will you receive your own title?
- Look for charges, cautions and restrictions on the parent title and on the unit.
- Get rates, rent and service charge clearances, and ask for the by-laws or house rules.
- Check the approvals for the building and the unit you are buying.
- Protect yourself in the sale agreement. Consider making completion subject to the conversion, and ask your advocate about holding back part of the price until your own title is issued.
- Use an advocate from the start, before you pay a deposit, not after.
If you already own an apartment on a sublease
- Find out from the developer or management company whether conversion has started, and ask for the plan and a timeline in writing.
- Keep your sale agreement, payment receipts, sublease and service-charge records together and safe.
- Do an official search on the parent title to see whether it is charged or restricted.
- Take advice before you sell, refinance or let the unit short-term, since the state of your title and the building's by-laws may affect all three.
Frequently asked questions
Do I need Ardhisasa to buy an apartment in Nairobi?
You do not have to register an account yourself, because your advocate can search and process transactions for you. But the search is a basic safeguard, and you should insist that one is done.
Is a sublease a title?
No. A sublease is a contractual right derived from the developer's own interest. A sectional title is a registered title for your unit that shows your share in the common property.
Can an old LR title be used for an apartment?
The parent LR title usually covers the whole development. Individual apartments are expected to be registered through a sectional plan. If you hold something older, have an advocate review exactly what the document grants.
Will conversion cost me money?
There are government fees, surveyor and legal costs, and sometimes charges owed by a developer. Who pays and how much depends on the development and the agreements. Ask for a written breakdown before agreeing to anything.
What if the developer will not cooperate?
Do not pay anything extra to "speed it up" without advice. An advocate can write to the developer, review your agreement and advise on options, including whether owners can initiate the process.
Buying, selling or holding an apartment in Nairobi? Talk to us before you pay.
Purity K. Mbaabu & Associate Advocates can check your title position, carry out the searches, review your agreements and advise on sectional title conversion. Email or call to book a consultation.
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Email: advocatespuritykmbaabu@gmail.com
Phone and WhatsApp: 0718 627 917
Purity K. Mbaabu is an Advocate of the High Court of Kenya. She practises conveyancing, property law and legal advisory work at Purity K. Mbaabu & Associate Advocates in Nairobi.
Disclaimer. This article is general information about Kenyan land law and is not legal advice. It does not create an advocate-client relationship. Land law, Ardhisasa processes, fees and registry practice change, and this article reflects commentary available on 5 November 2026. The statements above about conversion timelines and registry restrictions come from published commentary and should be confirmed against the Act, the regulations, gazette notices and the Lands Registry for your specific development. Do not act on this article without advice on your own facts. Legal engagements are accepted through Purity K. Mbaabu & Associate Advocates, subject to client onboarding and conflict checks.
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