Sunday, February 9, 2025

Sectional Properties Law: Transition of Subleases into Sectional Titles

Conversion of subleases into sectional titles can be initiated either by a developer, management company or the owner of an
individual unit. The process entails the registration of sectional plans that have been prepared by a surveyor and approved by the
county government; a sectional plan delineating the various units in any building; closure of the existing (lease) records of the units; opening of new individual (sectional) records for the respective units; transfer of information that existed in the closed records to the newly opened records e.g. ownership, charges, caveats etc; and issuance of sectional titles for the respective units.


Once a sectional title is issued, each unit becomes separate, with its corresponding distinct share in the common property. This exclusivity enables the direct levy of outgoings such as land rent or rates against each unit, as opposed to the head title.


The Registrar is empowered to register a restriction over any title, to prevent further dealings, until the concerned parties comply with the conversion process.

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