Sectional title: you own a unit plus a share of the common property (Sectional Properties Act, 2020)
Freehold title: ownership of land with no fixed expiry date
The two are not opposites. A sectional unit can sit on freehold or leasehold land
Non-citizens can hold land on leasehold only, capped at 99 years (Article 65, Constitution of Kenya)
Always have an advocate verify title, tenure and ownership before paying
Before you pay for any property in Kenya, you need to know what type of title you are actually getting. It decides what you own, for how long, and who manages the shared spaces.
For buyers comparing apartments, townhouses and standalone homes in Nairobi, two terms come up constantly: sectional title and freehold title. Here is what each one means, in plain language.
Most apartment buyers in Nairobi end up with a sectional title. Browse verified apartments for sale in Kilimani to see the kind of units this applies to.
1. What Is a Sectional Title in Kenya?
A sectional title lets you own an individual unit within a larger development, plus a proportionate share of the common property.
Units can be apartments, townhouses or commercial offices.
Common property can include lifts, corridors, staircases, gardens, swimming pools, access roads and shared security facilities.
Under the Sectional Properties Act, 2020, each registered unit gets its own title document.
A freehold unit receives a certificate of title, while a leasehold unit receives a certificate of lease.
An owners' corporation is established to manage the common property on behalf of all the owners.
A sectional title can exist under either freehold or leasehold tenure, and how long you own the unit depends on that underlying tenure.
2. What Is a Freehold Title?
A freehold title generally gives the registered owner a parcel of land with no fixed expiry date.
It can cover a standalone house, a residential plot or other property.
Unlike leasehold, freehold tenure does not run out after a set number of years.
The owner still remains subject to land laws, planning regulations, land rates and other legal obligations.
Freehold means no expiry date. It does not mean no rules.
EXPERT TIP
Ask to see the actual title document, not just the sales brochure. Whether a unit is freehold or leasehold changes its value, its resale pool and who can legally buy it.
3. Sectional Title vs Freehold Title: Key Differences
Sectional title
Ownership: an individual unit plus a proportionate share of the common property.
Common areas: shared and collectively managed.
Duration: depends on whether the unit is freehold or leasehold.
Management: an owners' corporation looks after the common property.
Typical properties: apartments, flats and some townhouses or offices.
Freehold title
Ownership: a parcel of land and the property on it.
Common areas: usually the owner's responsibility, unless shared arrangements apply.
Duration: no fixed expiry date.
Management: the owner manages the property, subject to applicable obligations.
Typical properties: standalone homes, plots and farms.
If you are weighing a managed apartment against a standalone home, compare options at apartments for sale in Westlands, where most developments are sold as sectional units.
4. Can Foreigners Buy Sectional Titles in Kenya?
Yes, foreign nationals can buy qualifying apartment units held on leasehold tenure, subject to applicable Kenyan law.
Article 65 of the Constitution of Kenya limits non-citizens to leasehold interests of no more than 99 years.
Any document that tries to give a non-citizen more than 99 years is treated as a 99 year lease and nothing more.
A sectional title does not remove this restriction.
Kenyans living abroad are treated as citizens, so this restriction applies to non-citizens only. Before buying, confirm the unit's tenure, the remaining lease term and the title documents with an independent advocate.
Sectional title: you own a unit plus a share of the common property (Sectional Properties Act, 2020)
Freehold title: ownership of land with no fixed expiry date
The two are not opposites. A sectional unit can sit on freehold or leasehold land
Non-citizens can hold land on leasehold only, capped at 99 years (Article 65, Constitution of Kenya)
Always have an advocate verify title, tenure and ownership before paying
Before you pay for any property in Kenya, you need to know what type of title you are actually getting. It decides what you own, for how long, and who manages the shared spaces.
For buyers comparing apartments, townhouses and standalone homes in Nairobi, two terms come up constantly: sectional title and freehold title. Here is what each one means, in plain language.
Most apartment buyers in Nairobi end up with a sectional title. Browse verified apartments for sale in Kilimani to see the kind of units this applies to.
5. What Should You Check Before Buying?
Before you pay for an apartment or standalone property, confirm each of the following.
The type of title being offered and the name of the registered owner.
Whether the property is freehold or leasehold.
The remaining lease term, where the property is leasehold.
Whether the sectional title is already registered, or when registration is expected.
The legal arrangements for managing shared facilities and common property.
The ownership record on Ardhisasa, the Ministry of Lands and Physical Planning's digital land registry.
VERDICT
A sectional title gives you individual ownership inside a shared development, while freehold describes land ownership with no fixed expiry date. The two are not mutually exclusive, so always confirm the exact tenure of the specific unit you are buying.
Explore apartments for sale in Kileleshwa
6. Why Work With Vivara Realty
We help buyers explore apartments and houses for sale in Nairobi.
We help you understand the key questions to ask before committing to a property.
We recommend you always involve a qualified conveyancing advocate for title verification.
Looking to buy in Nairobi? Explore apartments for sale in Lavington, then speak to our team about the title and tenure of any unit you like.
Frequently Asked Questions
Is a sectional title the same as freehold?
No, but they can overlap. A sectional title describes how a unit within a development is owned, while freehold or leasehold describes how long the underlying land interest lasts.
Who looks after the lifts, gardens and corridors in a sectional development?
An owners' corporation is established under the Sectional Properties Act, 2020 to manage the common property on behalf of all unit owners.
Can a non-citizen own a freehold apartment in Kenya?
Not on a freehold basis. Article 65 of the Constitution limits non-citizens to leasehold tenure of no more than 99 years.
How do I confirm who owns a property before I buy?
Have a conveyancing advocate carry out an official search, and verify the ownership record through Ardhisasa before you pay any deposit.
Disclaimer: This article provides general information, not legal advice. Have a qualified Kenyan conveyancing advocate verify the title, tenure and ownership documents for the specific property you intend to buy.
Sources
Constitution of Kenya, 2010, Article 65 (Landholding by non-citizens), Kenya Law.
Sectional Properties Act, 2020, Kenya Law.
Ministry of Lands and Physical Planning, Ardhisasa land information and title verification platform.