This is a guide on How to apply for Certificate of Registration for Real Estate in Kenya Procedure The requirements for getting a real estate Certificate vary from district to district in Kenya. However, there are some requirements that apply regardless of what district you plan to practice in.
Before you can even apply for a Real Estate certificate , there are some requirements you must fulfill to obtain a certificate of registration , you must first fulfill the Kenya’s instructional specifications and Restrictions on Access to Property. Whereas every Country has their own variety of specifications, there are essential key elements that must be reached to obtain a certificate of registration for Real Estate business in Kenya:
i) At least 18 years of age.
ii) if you are a non-residents you should a appoint a lawyer in Kenya who can act on your behalf.
To be eligible for a real estate agent certificate of registration, you must:i)Be 18 years or overii)Pass the required local authority taxes.(if any)ii)The person concerned are real estate owners)If you are not a Kenyan citizen or permanent resident, you need toi)Hold a certified copy of your passportii)Have a visa that allows you to work in Kenya.
The fee schedule is as followsi)Up to and including 100 square meters: Ksh. 500;ii)Above this, up to and including 200 square meters: Ksh. 1,000;iii)Above this, up to and including 300 square meters: Ksh. 1,500;iv)More than 300 square meters: Ksh. 2,000.
Valid for 1 year.
The processing time is 46 weeks. This can take longer if your application is not complete. This might be because of:
i)You can apply for the certificate of registration in person.
ii)You can apply to Ministry of housing land and urban development Kenya for a registration for certificate of real Estate business.
iii)You must register with Kenya Revenue Authority (KRA) for Personal Identification Number (PIN).
iv)Non residents can buy commercial class land in Kenya. This type of land is for income or revenue-making purposes. Non residents are allowed to acquire this and build on it.
v).Agricultural land or farm lands cannot be acquired by non residents.
vi)Agricultural land is usually owned by indigenous people.
vii)If you intend to purchase agriculture land this should be made through a company the majority of which must be Kenyan-owned
You can accessed Rental Property through a number of property management companies in Kenya.
i)Applicant’s complete name
ii)Physical Addressiii)Identification presented
iv)Taxpayer Identification Number (TIN)Business Informationi)Name of Business
v)Business typeThe applicant submits to the Lands Office the following documents
a). Application for Registration of Transfer;
b). PIN Certificate;
c). Certificate of Incorporation;
d). Certificate of Title;
e). Rates Clearance Certificate;
f). Land Rent Clearance Certificate;
g). Consent to Transfer;
h. Valuation of property.The Certificate of the Registered Transfer is collected at the Lands registry Office.
If the company is register under foreigners then the company may require
a).Alien Card ID registration.
Need for the Document
Understanding how to get a real estate registration certificate in Kenya is fairly straightforward. The registration process is governed by the Kenya Lands Registry.
Implementing institutions for Registering Property in Kenya have a mandate to enforce and implement various aspects of the land and real estate property laws. They include;
Ministry of Lands, Responsible for development of national land Policy
Lands Registry, mandated to register property in Kenya
Nairobi City Council, or Local Authority
Land Control Boards
The practice of Kenyan real estate business or any branch thereof is prohibited unless the relevant person (owner or dealer or salesman) hold a valid certificate of registration from Kenya Lands Registry.However, registration under Kenya property and Real Estate Act is a pre-condition to any such licensing. You must have a valid registration certificate to work as a real estate agent in Kenya. If you dont have a licence, you must apply for one from Land registry in Kenya.
A real estate registration certificate allows you to:
i)Own or manage a real estate agency
ii)Buy, sell, exchange or rent houses, businesses, land or any interest in these
iii)Negotiate on behalf of a buyer, seller, landlord or exchanging or renting of houses, businesses or land
iv)Show property to potential buyersv)inspect and assess property for sale or rent
vi)Collect rent on behalf of a landlord or as a landlord
vii)Advertise a property for rent or sale (includes setting up signs)
viii)Open up a property for inspection for sale or rent
xi)Manage an apartment complex and sell any units independently, without having to work through an established agency
x)Operate a trust account on behalf of sellers and buyers.
The registration certificate is issued by the Ministry of housing land and urban development in Kenya.After getting the registration certificate, you will be required to renew it on a yearly basis.Note
Property can be acquired on freehold or leasehold basis. A freehold title gives the owner absolute proprietorship over the land in perpetuity. While Leasehold property is held on a government lease for a specified period, usually 50 or 99 years. At the end of this period, the landowner applies for an extension of the lease, which is usually granted. The extension process takes approximately 6 months.
Following are procedures on how you can obtain a House/Real Estate registration Certificate in Kenya.
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