Related documents
- Is amended by 24th Annual Supplement
LAWS OF KENYA
SECTIONAL PROPERTIES ACT
THE SECTIONAL PROPERTIES REGULATIONS
LEGAL NOTICE 236 OF 2021
- Published in Kenya Gazette Vol. CXXIII—No. 253 on 10 December 2021
- Commenced on 10 December 2021
- [Revised by 24th Annual Supplement (Legal Notice 221 of 2023) on 31 December 2022]
1. Citation
These Regulations maybe cited as the Sectional Properties Regulations.2. Sectional plans
3. The signing and endorsement of sheets
4. Requirements of plan sheets
5. Expression of words, letters, figures and symbols
All words, letters, figures and symbols appearing on the sectional plan, shall, except where the authority responsible for survey otherwise approves, be—6. Illustration of units on a floor plan
7. Expression of units
8. Matters to be set out in a site and building location plan
9. Registration of sectional plans
10. Recording of the particulars of sectional plans
11. Registers to conform to the Land Registration Act
Pursuant to section 5 of the Act, a register opened and maintained under the Act shall meet the requirements of section 7 of the Land Registration Act (Cap. 300).12. Submission of sectional plan to county governments
13. Presentation of units in sectional plan of sub-division or consolidation
In a plan presented for registration as a sectional plan of sub division or sectional plan of consolidation, the original unit shall be cancelled in the existing sectional plan and the new unit shall be numbered consecutively, the lowest new unit number being greater by one than the highest number in the existing sectional plan.14. Notification of subdivision and illustration of units
15. Notification of consolidation and illustration of units
16. Incidental rights
Where the sub-division of a unit or consolidation of units is likely to affect the incidental rights of any unit owner in respect of common property and all other rights appurtenant as provided under section 7 of the Act, a sectional plan for sub-division or consolidation in that respect shall not be registered unless an affected owner has given prior consent in Form SP 15 set out in the First Schedule, to inform the giving of consent by the corporation and approval by the county government pursuant to section 12(1) of the Act.Provided that an owner or corporation shall not unreasonably withhold such consent.17. Addition of continuation sheets
18. Conversion to sectional units
19. Conversion
20. Preparation and approval of sectional plans without approved architectural plans
Where the management company or owners have initiated the preparation of a sectional plan during conversion and where they fail to avail the approved architectural plans or the available approved architectural plan is at variance with the development—21. Winding-up of management companies.
22. Long-term leases exempt from conversion
Regulation 18 shall not apply to long-term leases not falling in the category specified in that regulation including those in respect of—23. Amendment of by-laws
24. Registration of corporation on registered sectional plans
25. Notice by owner
26. Notice by the corporation
27. Termination of sectional status
28. Transfer of parcel
Where a parcel is transferred by a corporation pursuant to section 49 of the Act, the Registrar shall—29. Internal Disputes Resolution Committee
30. Notification of change of address
Where there is a change of address, the Corporation shall notify the registrar of change of address, in Form SP 22 set out in the First Schedule.31. Notification of change of Board membership
Where there is a change to board membership as provided under section 26(2) of the Act the corporation shall give notice to the Registrar in Form SP 23 set out in the First Schedule and such changes shall be noted in the Corporation Register.32. Notification of change of corporation
33. Extension or renewal of lease
An application for extension or renewal of the lease term shall be made by individual owners of units in a sectional plan, as provided under the Land (Extension and Renewal of Leases) Rules 2017.34. Submission of forms and plans electronically.
All forms and plans referred to in these regulations may be submitted in electronic form.35. Execution of instruments
The provisions of sections 44 and 45 of the Land Registration Act and the Land Registration (General) Regulations (Sub. Leg), on the execution and verification of instruments shall apply to instruments specified under this Act and registered under the Land Registration Act.36. Fees
The fees prescribed under the Land Registration Act (Cap. 300) shall be payable for any procedure or function under the Act.37. Power of attorney
A power of attorney executed and verified in accordance with section 45 of the Land Registration Act (Cap. 300) shall where applicable, be valid for the purpose of this Act.History of this document
31 December 2022 this version
Revised by
24th Annual Supplement