When it comes to buying land in Kenya, it is crucial to follow the right steps to ensure that you are getting a legitimate and valuable asset. In this guide, we will provide a step-by-step process for buying land in Kenya and highlight any new changes in law and practice.
Step-by-Step Guide to Buying Land in Kenya:
- Verify ownership and check for Caveats Request to see the title deed or a copy of the title deed. Conduct a search at the Ministry of Lands to confirm the real owner(s) and any Caveat on the title. Kshs 520
- Check for unpaid land rates Conduct a search with the local authorities to confirm if there are any unpaid land rates. Agree with the seller on who will settle the debt if any. –
- Get two maps from the Ministry of Lands Buy two maps from the Ministry of Lands, one showing the exact measurements of the land (called mutation) and the other showing the neighboring lands. Kshs 350 per map
- Verify the details with a surveyor Visit the land with a surveyor (can be done by the buyer or a hired surveyor) to verify the details on the map and check all the beacons. Surveyor fees vary
- Negotiate and document the sale Bargain with the seller and document the sale agreement. It can be done before a lawyer or by the buyer. Lawyer fees vary
- Make a down payment Make a partial payment as per the agreement. –
- Obtain consent from the Land Control Board (LCB) Book a meeting with the LCB, which meets once a month, and pay Kshs 1,000 for consent to sell the land. A special LCB meeting can be booked for Kshs 5,000. Kshs 1,000-5,000
- Complete the payment Complete the remaining payment after obtaining consent from the LCB. –
- Transfer ownership Obtain a recent search (not more than six months old), clearance form from County land rates, the two maps, the agreement, KRA PIN, two passports, and a copy of the title deed. Go to the Ministry of Lands to change ownership. Kshs 5,000
- Pay stamp duty Pay the stamp duty based on the value of the land. – 4% of sale value in municipalities, 2% of sale value in rural areas.
- Collect the new title deed Collect the new title deed from the Ministry of Lands after a few weeks.
Changes in Law:
In recent years, the Kenyan government has taken steps to streamline the process of buying land and prevent fraud. One significant change is the digitization of land records, which has made it easier to access and verify ownership details. Additionally, the government has set up a centralized online platform, called Ardhisasa, to enable buyers to conduct land searches and other transactions digitally.
Another change in law is the requirement for spouses to be present during the sale agreement signing process. This is to prevent cases where one spouse sells land without the knowledge or consent of the other. The spouse’s presence helps ensure that both parties are aware of the sale and agree to it.
Conclusion
Buying land in Kenya can be a complex process, but following the right steps can help you avoid potential legal issues and fraud. Ensure that you conduct a thorough search, verify ownership, and document the sale agreement. Additionally, stay up-to-date with any changes in law and practice to ensure that you are complying with regulations and best practices.