- Conducting a Search
This is the first legal step to buying land in Kenya After you identify the land bearing in mind factors to consider when wanting to buy land (link) it is advised to visit land registry to conduct a search of the land. During this process a copy of the title deed of the land will be required and a total fee of Ksh 500. the process takes up to three days to get the results which includes full name of the land owner, the size of the land and any claim of the land e.g. if it is used as collateral for a land. A search is conducted at the land registry of the region the proposed land is located. For instance, if it is in Machakos you do the search at Machakos Land Registry
You should also acquire two maps of the land you intend to buy. This can ether be from a local surveyor or the land registry. While one of the maps is an overview of the land, the other one is usually drawn to scale indicating the exact land measurements. Each map is obtained at a cost of Kish 300
- Preparation of the offer
After the search is conducted and the buyer is content the next legal step to buying land in Kenya buying land in Kenya is to prepare for an offer, this is usually done by the buyers advocate where they can negotiate with the seller, a real estate agent also comes in handy during this process where they can also negotiate an offer on behalf of the buyer
- Sale agreement
Once both parties agree on the offer made, a sale agreement is prepared by the sellers advocate and presented to the buyer’s advocate, normally contain terms and condition of a sale agreement which can include payment plans. names of both the buyer and seller, mode and method of payment and the documents to be presented by the seller. Legally, the sale agreement will protect you in any case of breach of the agreement by the parties involved. The agreed money is then paid
- Payment of land rates
Make sure the seller has presented a document prove they are up to date with the land rates before completing the payment
- Documents Transfer
The sellers advocate presents land transfer forms which must be signed by the two parties involved. This is after the deposit has been paid. The buyer then makes a step to apply for the consent of transfer at the National Land Commission with the following documents; land search, consent form from Land Clearance Board, a booking form, sale agreement, KRA pin, rates clearance from county, transfer instrument, land rent certificate and the old title deed.
- Valuation of the Land
The buyer should fill the valuation form and apply for land valuation. This is done at the Land Registry in the land’s location. The lands office based on the location and value of the land will compute the stamp duty payable. In urban areas the stamp duty is 2% of the land value in rural areas and 4% for urban areas.
- Payment of duty stamp
The buyer should then pay to the government stamp duty which is tax levied on all land owners by the government
- Registration of title transfer
This is the final legal step of buying land in Kenya after completion of agreed payments the ownership of title deed is changed from the seller’s name to the buyer’s name, the buyer shall then legally own the purchased land
The legal documents then exchange hands from the seller to the buyer
