01/06/2024
THE PROCESS OF BUYING LAND IN KENYA
Everyone has the right to own land in Kenya, according to the constitution; nevertheless, some procedures must be followed. This is done not only to comply with the law but also to protect yourself against con artists. To begin, you can review the pitfalls to avoid when purchasing land to ensure you do not fall victim to them.
Below are the steps to follow:
✅SELECT YOUR LAND
The first step is to determine the land you wish to buy based on your interests. There is residential land, commercial land, and a mix of the two. After identifying the land that meets your needs in terms of purpose, size, and location, you can move on to the next step
✅DO A SEARCH AT THE LAND REGISTRY
The next step is to obtain a copy of the title deed for the land you wish to purchase. After that, go to the Land Registry in the area where the land is located; for example, if it is in Kajiado, go to the Kajiado Land Registry.
At the Land Registry, you will obtain a search Application form, which you will complete and attach copies of the title deed, identification card, and KRA pin. The process is free and will take no more than two days to complete.
Searching for the first step is important since you obtain information on the original owner of the land, the acreage, and any claims attached to the land
✅CONFIRM ANY UNPAID LAND RATES.
After searching, the following step is to confirm that there are no outstanding Land rates associated with the Land you plan to acquire. This can be accomplished by looking up the county office where the Land is located. The search incurs a cost, which often varies by county. It is also very necessary to clarify with the seller who would cover these charges if there are unpaid Land rates.
✅OBTAIN THE LAND MAP
The next step is to obtain at least two land maps for the property you plan to buy from the Land Registry or a local surveyor. One of the maps is made to scale, displaying the exact measures of the land or mutation, while the other provides an overview of the area and its nearby plots. Each map will cost you between 300 and 350 Kenyan shillings.
✅VERIFICATION OF LAND
You go to the real location of the land to verify all the information on the map after obtaining the two land maps with the seller and the surveyor. People frequently neglect to do this crucial step because they trust the seller, for example, and then find themselves in trouble when it's too late. To avoid any misunderstandings or conflicts in the future, you must double-check everything before erecting beacons.
✅THE SALE AGREEMENT
Following the completion of the preceding procedures, a lawyer drafts the sale agreement between the buyer and the seller. The price, the form of payment, and other details that will direct you through this process are all included in a sale agreement. The selling agreement is crucial because it will provide you with legal protection should any party breach their end of the bargain. The cost of the selling agreement frequently changes depending on the location and land value.
✅ LAND CONTROL BOARD CLEARANCE.
The next stage is to obtain approval from the Land Control Board, which consists of county commissioners and elders from the area where the land is located. The clearance is to confirm that the land purchase and transfer were transparent and that no criminal activity occurred.
✅LAND APPRAISAL
The next step is to apply for land valuation by completing a valuation form. This is typically completed at the land registry where the land is situated. The land registry's office will calculate the stamp duty that must be paid, which is frequently determined by the land's location and value. To prevent any misunderstandings, it should be made very clear in the sale agreement who will pay the stamp duty—the buyer or the seller.
✅ LAND TRANSFER
Applying for the land transfer through the Land Registry is the next step after paying the necessary stamp duty depending on the land assessment.
After both the seller and the buyer sign the necessary transfer documents, the buyer goes to the Land Registry, which is where the land is located.
For the transfer to be completed, the seller needs to bring the following paperwork:
- Consent Form for the Land Control Board
- KRA Pin
- two passport-sized pictures
- The previous Title Deed
- Sale contract
The ownership transfer typically takes three weeks and costs between 1,000 and 2,000 Kenyan Shillings, depending on the county.
✅ FINAL STEP
The old title deed will have been destroyed by this point, and the seller will have received the new one proving that ownership has changed. Next, as the new owner, the seller will pay the necessary stamp duty, which is frequently determined by the location and land value. Paying 4% of the selling value for land located in a municipality and 2% of the sale value for land located in a locality is the difference.
The Land Registry verifies that you have received the land when you seek it. You will now be a landowner, so you can celebrate after the confirmation.
If you need help in purchasing land in Kenya contact us at 0703 650651
