Buying an Off-Plan Apartment in Kenya: Documents and Checks Before Paying

Quick answer: Verify the land and developer, planning and building approvals, the unit’s description, the sectional title route, the payment and escrow or stakeholder arrangements, completion remedies, and how changes to plans are handled.

Treat the brochure as a sales document, not proof

Request the land reference, current official search, seller or developer company records, landowner’s authority, approved plans and relevant planning and building approvals. Check the contractor’s current registration with the National Construction Authority when applicable. Confirm that the entity taking deposits is authorised to sell or receive them.

Understand what title you will receive


For a multi-unit building, ask how the apartment will be registered under the Sectional Properties Act and Regulations, or what lawful transition arrangement applies. Review the underlying tenure and lease term, sectional plan, common-property share, management-company rules and service-charge obligations. A promise of a ‘title deed’ is not enough to identify the instrument, timing or conditions.

Tie payment to evidence and milestones

The agreement should identify each instalment, what evidence supports it, the account receiving funds and whether money is held as stakeholder or in another protected arrangement. Obtain written receipts and reconcile payments to the contract. If construction milestones are used, define who certifies progress and what document proves completion of each milestone.

Make delay and variation clauses usable


Specify a completion date, any extension events, notice obligations, long-stop date, refund or termination mechanism and treatment of instalments if delivery fails. Attach plans, dimensions, finishes and fittings. Set a process for approved variations and make clear whether a material reduction in area or specification gives a buyer a remedy.

Check handover, defects and recurring costs

The contract should explain inspection, snagging, keys, utilities, occupation approvals, defects correction, service charges, management arrangements and documents handed over. Ask for realistic estimates and the basis for them. Confirm who bears land rates, rent and utilities before and after completion.

Before signing: a buyer's file


Keep a current search; company and authority checks; approvals; approved drawings and specification; draft sale agreement; payment-protection evidence; project title route; construction programme; completion and delay terms; service-charge documents; and written answers to outstanding questions. Have an independent advocate review the pack before money is committed.

Questions people ask

What should I check before paying for an off-plan apartment?

Verify the land and developer, planning and building approvals, the unit’s description, the sectional title route, the payment and escrow or stakeholder arrangements, completion remedies, and how changes to plans are handled.

Will I automatically receive a separate title for an off-plan unit?

Do not assume so. Check the project’s legal structure, registered sectional plan or lawful conversion route, underlying tenure and required approvals with an advocate before contracting.

Can the developer change the layout or finishes?

The agreement and approved specifications should state what changes are permitted, the notice process, materiality threshold and remedies. Ask for drawings and a detailed finishes schedule as contract documents.

Official sources and scope


For the current rule and any forms or rates, check the official sources: Sectional Properties Act 2020 · National Construction Authority · Land Registration Act. This guide is general information, not advice on a particular transaction or dispute. Laws, regulations and administrative requirements can change; check the position that applies to your facts before acting.

Related guidance

CS Advocates LLP real estate and conveyancing practice. Related reading: Buying off-plan property in Kenya · How to read a land title search · The conveyancing process in Kenya.

This is general information, not legal advice on a particular matter, and does not create an advocate-client relationship. For advice on your specific situation, contact CS Advocates LLP for a confidential, conflict-checked consultation.

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