Buying property in Kenya , whether land, apartments, or commercial buildings, is a major investment. Locals and foreign buyers alike search online every day for answers on land law, real estate processes, conveyancing, property due diligence, and safe investment in Kenya.
What Are Top FAQs on Buying Land and Apartments in Kenya?
Here are the 20 most frequently asked questions (FAQs), with answers tailored to help you navigate the process.
1. Can foreigners buy land in Kenya?
Foreigners cannot own freehold land but may acquire leasehold land (up to 99 years). Apartments, condominiums, and townhouses built on leasehold land can be freely purchased.
2. What is the process of buying land in Kenya?
The process includes:
- Identify the land.
- Conduct an official search at the Lands Registry.
- Engage a lawyer for a Sale Agreement.
- Obtain Land Control Board consent (for agricultural land).
- Pay stamp duty and registration fees.
- Get the Title Deed transferred into your name.
3. What documents should I ask for before buying land?
Key documents include: Title Deed, Search Certificate, Land Rates Clearance, Land Rent Clearance, Survey Map/Mutation, and LCB consent for agricultural land.
4. How do I verify if a Title Deed is genuine?
Conduct an official search at the Ministry of Lands, check survey records, and use a qualified lawyer to authenticate ownership.
5. What is the procedure for buying an apartment in Kenya?
For apartments and condominiums, ensure the Sectional Title Deed is available, verify developer approvals, sign a Sale Agreement, pay stamp duty, and register ownership under the Sectional Properties Act, 2020.
6. How much does stamp duty cost in Kenya?
- Urban properties: 4% of property value.
- Rural properties: 2%.
Stamp duty is calculated based on the higher of the market value or declared price.
7. Can I buy land using a company or trust?
Yes. Both locals and foreigners use companies, LLPs, and family trusts to hold property. However, foreigners remain limited to leasehold interests.
8. What is conveyancing in Kenya?
Conveyancing is the legal transfer of property ownership from seller to buyer. It includes preparation of the Sale Agreement, due diligence, payment of stamp duty, and registration of the new title.
9. What is the role of the Land Control Board (LCB)?
The LCB must consent to sales involving agricultural land. Without it, the sale is void under the Land Control Act.
10. Can I buy land near the beach in Kenya?
Yes, especially in Mombasa, Nyali, Diani, Kilifi, and Malindi, but foreigners can only lease coastal land. Due diligence is critical due to high demand and fraud risks.
11. How do I finance property purchases in Kenya?
Buyers can use cash, mortgages, or bank loans. Several banks and SACCOs provide financing, but foreigners often rely on international banks or joint ventures.
12. What is the difference between freehold and leasehold land?
- Freehold: Gives absolute ownership (only for Kenyan citizens).
- Leasehold: Ownership for a fixed period (usually 99 years for foreigners).
13. How can I avoid property fraud in Kenya?
- Always conduct due diligence.
- Engage a licensed lawyer.
- Confirm seller’s identity and ownership.
- Never pay cash directly to individuals; use escrow or lawyer’s client account.
14. What are sectional titles in Kenya?
A Sectional Title is a deed issued for apartments, condos, or townhouses under the Sectional Properties Act, 2020. It allows owners to hold legal ownership of their individual units.
15. Can inheritance or gifts be treated as matrimonial property?
Under the Matrimonial Property Act, 2013, inheritance and gifts belong to the recipient unless registered jointly. This affects how couples acquire property.
16. Do I need a lawyer when buying land or apartments?
Yes. Lawyers handle searches, Sale Agreements, stamp duty payments, and registration — protecting you from fraud and ensuring compliance with land laws.
17. What taxes apply when selling or buying property in Kenya?
- Stamp Duty (buyer’s cost)
- Capital Gains Tax (CGT): 15% on gains (seller’s cost)
- Rental Income Tax: For those renting out property
18. Can I buy agricultural land in Kenya as a foreigner?
No. Foreigners cannot directly buy agricultural land unless it is converted for non-agricultural use with Cabinet approval.
19. What happens if I continue using land without transferring ownership?
If the title remains in the seller’s name, the buyer risks disputes, fraud, or resale. Only registered ownership gives full legal rights.
20. Which areas are most popular for buying apartments and land in Kenya?
- Nairobi: Kilimani, Kileleshwa, Westlands, Karen, Runda
- Mombasa & Coast: Nyali, Diani, Malindi, Kilifi
- Upcoming Towns: Athi River, Kitengela, Thika, Naivasha
Conclusion: Secure Your Investment with Proper Legal Guidance
Whether you are a Kenyan buyer or a foreign investor, purchasing property in Kenya demands careful due diligence, proper conveyancing, and compliance with land laws. Fraud is a real risk, but with the right legal team, your investment can be secure.
At F.M. Muteti & Co. Advocates, we specialize in real estate law, property due diligence, conveyancing, and land transactions across Kenya. From apartments in Nairobi to beachfront plots in Mombasa and Diani, we guide both locals and diaspora investors to buy safely and confidently.
📞 Contact us today for expert legal consultation on property purchase in Kenya.