logo

New Property Registration Process

Introduction

Recently, the Ministry of Lands and Physical Planning (the Ministry) has issued a public notice to the public stating that it has re-engineered and simplified the land registration process from a nine (9) steps process to a three (3) steps process. The aim of the new process is to ease the property registration process in Kenya. Applications for land rent clearance, consent and valuation will be done digitally on the online eCitizen platform available at www.ecitizen.go.ke

Current Process

The current nine (9) steps land registration process is tedious and cumulatively takes approximately seventy-three (73) days to finalize as follows:

  • Step 1 – title search which takes approximately three (3) days;
  • Step 2 – land rent clearance which takes approximately nineteen (19) days;
  • Step 3 – land rates clearance which takes approximately five (5) days;
  • Step 4 – consent to transfer which takes approximately nine (9) days;
  • Step 5 – file valuation requisition which takes approximately four (4) days;
  • Step 6 – site visit and reporting which takes approximately twenty (20) days;
  • Step 7 – endorsement and assessment which takes approximately four (4) days;
  • Step 8 – payment of Stamp Duty which takes approximately four (4) days; and
  • Step 9 – title registration which takes approximately five (5) days

New Process

Under the new process, the nine steps have been condensed into three (3) steps namely:

  • Step 1 to be concluded within five (5) days:
    (i) issuance of land rent clearance certificate;
    (ii) issuance of consent to transfer, lease or charge; and
    (iii) valuation for stamp duty assessment.
  • Step 2 to be concluded within three (3) days- site visit and report writing for valuation purposes.
  • Step 3 to be concluded within four (4) days- registration of title to land and other instruments.

Cumulatively, the whole new process is estimated to take a total of twelve (12) days to finalize.

The new process is intended to be rolled out throughout the whole country. The Ministry has rolled out the pilot phase in Nairobi County being the heart of the country and expects to roll out the process all over the country in the next one year.

Requirements for property registration process under the new system

There will be no manual applications under the new system. Below are the requirements for each step under the new system:

(a) Step 1

(i) Procuring Land Rent Clearance Certificate

  • Duly filled application form;
  • Copy of title; and
  • Land Rent Payment receipts for the current year for payments made via itax and RTGS transfers.

(ii) Consent to Transfer

  • Application letter from Registered owner/advocate/authorized agent
  • Duly filled application form and fee; and
  • Copy of Title/Search.

(b) Step 2 – Valuation Requisition

  • Application for Valuation form duly filled;
  • Copy of Title;
  • Original Transfer instrument duly executed; and
  • Sketch/Survey Plan/RIM/map of Location

 (c) Title registration

  • Application form for Registration and Fee;
  • Original Title Document;
  • Original Stamp Duty Payment Receipt;
  • Duly executed Transfer/Lease/Charge instrument/Caveat/Inhibition and any other instrument in Triplicate;
  • Certified copies of KRA Pin Certificate, ID Card or CR 12 for Companies

We believe that this is a great initiative by the government and once implemented fully will benefit the whole country.

If you have any queries regarding the real estate practice area, please do not hesitate to contact Peter Mwaura at pmwaura@mwc.legal. Please note that this e-alert is meant for general information only and should not be relied upon without seeking specific subject matter legal advice.

Leave a Reply

Your email address will not be published. Required fields are marked *