Sectional Properties Act CAP 286 — Sections and Provisions

Section 1 of Sectional Properties Act CAP 286: Short title

This Act may be cited as the Sectional Properties Act.

Section 2 of Sectional Properties Act CAP 286: Application

This Act shall apply only in respect of land held on freehold title or on a leasehold title where the unexpired residue of the term is not less than twenty-one years and there is an intention to confer ownership.

Section 3 of Sectional Properties Act CAP 286: Interpretation

In this Act, unless the context otherwise requires— "board" means the board of a Corporation as provided for in section 26; "building" means one or more structures on the same parcel; "by-laws", in relation to a Corporation, means the by-laws of the Corporation as amended from time to time and inclu…

Section 4 of Sectional Properties Act CAP 286: Sub-division of buildings into units

(1) An existing structure may be designated a building containing a unit or partof a unit or divided into two or more units by the registration of a sectional plan prepared, by a surveyor, from a building plan that has been approved by a county government. (2) A surveyor shall not prepare a sectiona…

Section 5 of Sectional Properties Act CAP 286: Registration of sectional plans

(1) On the registration of a sectional plan the Registrar shall — (a) close the register of the parcel described in it; and (b) open a separate register for each unit described in the plan; and (c) on payment of the prescribed fee, issue, in respect of each unit of the sectional property, a certific…

Section 6 of Sectional Properties Act CAP 286: Certificate to indicate share in common property

(1) The Registrar shall, on opening a register for a unit under section 5 (1),include in that register the share in the common property apportioned to the owner of that unit under subsection (2) of this section, and shall include that share in the common property on a title deed for sectional proper…

Section 7 of Sectional Properties Act CAP 286: Incidental rights of owners of common property, etc.

(1) The common property and each unit on a sectional plan shall, by virtue of this section, have as appurtenant thereto all such rights of support, shelter and protection, and for the passage or provision of water, sewerage, drainage, gas, electricity, garbage, air and all other services of whatsoev…

Section 8 of Sectional Properties Act CAP 286: Liability of owner of a unit

Except to the extent that an interest endorsed on a sectional plan relates to a particular unit, the owner of a unit shall only be liable in respect of an interest endorsed on the sectional plan in proportion to the unit factor for his unit.

Section 9 of Sectional Properties Act CAP 286: Requirements of sectional plans

(1) Every plan presented for registration as a sectional plan under this Act shall — (a) be described in the heading of the plan as a sectional plan; (b) be geo-referenced; (c) bear a statement containing those particulars as may be necessary to identify the title to the parcel; (d) include a drawin…

Section 10 of Sectional Properties Act CAP 286: Boundaries of sectional units

(1) Unless otherwise stipulated in the sectional plan if— (a) a boundary of a unit is described by reference to a floor, wall or ceiling; or (b) a wall located within a unit is a load bearing wall, the only portion of that floor, wall or ceiling, as the case may be, that forms part of the unit, is t…

Section 11 of Sectional Properties Act CAP 286: Certificates to accompany sectional plans

(1) Every plan presented for registration as a sectional plan shall be endorsed by— (a) a surveyor stating that the structure shown on the plan is within the external surface boundaries of the parcel which is the subject of the plan, and if guttering's project beyond those external boundaries, that…

Section 12 of Sectional Properties Act CAP 286: Application for sub-division etc., of a unit

(1) Any proprietor may, with the approval of the county government, sub-divide or consolidate his unit by registering a sectional plan relating to the unit intended to be so sub-divided or consolidated in the manner provided by this Act for the registration of sectional plans. (2) Except as provided…

Section 13 of Sectional Properties Act CAP 286: Conversion to units

(1) If a building contains premises that are— (a) rented for residential or commercial purposes to a tenant who is not a party to a purchase agreement; and (b) not included in a sectional plan, the owner of the premises or a person acting on his behalf shall not sell those premises as a residential…

Section 14 of Sectional Properties Act CAP 286: Easements in favour of the owner

After the registration of a sectional plan, there is implied in respect of each unit shown on the sectional plan— (a) in favour of the owner of the unit and as appurtenant to the unit, an easement for the subjacent and lateral support of the unit by the common property and by every other unit capabl…

Section 15 of Sectional Properties Act CAP 286: Easements against the owner

(1) After the registration of a sectional plan, there is implied in respect of each unit shown on the sectional plan— (a) as against the owner of the unit, an easement, to which the unit is subject, for the subjacent and lateral support of the common property and of every other unit capable of enjoy…

Section 16 of Sectional Properties Act CAP 286: Easements or restrictions exist without mention

(1) Easements or restrictions as to user implied or created by this Act or theby-laws take effect and are enforceable— (a) without any memorial or notification on that part of the register constituting titles to the dominant or servient tenements; and (b) without any express indication of those tene…

Section 17 of Sectional Properties Act CAP 286: Establishment of a Corporation

(1) On the registration of a sectional plan, there shall be constituted a Corporation under the name "The Owners, Sectional Plan No. (the number to be specified being the number given to the plan on registration)". (2) The Registrar shall issue a certificate of registration of the corporation. (3) A…

Section 18 of Sectional Properties Act CAP 286: Actions by or against the Corporation

(1) The Corporation shall be capable of suing and being sued in its corporate name subject to section 21, and of doing anything that a body corporate may do. (2) Without restricting the generality of subsection (1), the Corporation may sue for and in respect of damage or injury to the common propert…

Section 19 of Sectional Properties Act CAP 286: Liability in tort

(1) Where any proceedings are brought under the Occupiers Liability Act (Cap34) or in tort or in respect of an alleged breach of any statutory duty and it is required by law that proceedings be brought against the owner or occupier of any particular parcel of land or premises, the provisions of this…

Section 20 of Sectional Properties Act CAP 286: Duties of the Corporation

(1) The Corporation shall— (a) subject to this Act, carry out any duties imposed on it by the by-laws; (b) unless by unanimous resolution all the proprietors otherwise resolve, insure and keep insured buildings and other improvements on the parcel against fire; (c) effect such other insurance as it…

Section 21 of Sectional Properties Act CAP 286: Powers of the Corporation

Subject to this Act, the Corporation shall have all such powers as are reasonably necessary to enable it to carry out the duties imposed on it by this Act and by the by-laws: Provided that the Corporation shall not have power to carry on any trading activities.

Section 22 of Sectional Properties Act CAP 286: Disposition and dealings affecting the common property

(1) Any disposition and dealing affecting the common property or land thatis to become part of the common property shall be executed in accordance with Land Registration Act (Cap. 300) and approved by a unanimous resolution of the Corporation. (2) A certificate under the common seal of the Corporati…

Section 23 of Sectional Properties Act CAP 286: Registration of transfers of common property

(1) Every memorandum of transfer of the whole or any part or parts of the common property shall, in addition to any plan that the Registrar may require to be deposited under section 4, be accompanied by a sectional plan which shall be in substitution for and shall be deposited under the same number…

Section 24 of Sectional Properties Act CAP 286: Voting rights

(1) The voting rights of the owner of a unit shall be determined by the unit factorfor his unit. (2) When an owner's interest is subject to a registered charge, a power of voting conferred on an owner by this Act or the by-laws— (a) if a unanimous resolution is required, may not be exercised by the…

Section 25 of Sectional Properties Act CAP 286: Voting where owner incapable

(1) Any powers of voting conferred by this Act or the by-laws may be exercised — (a) in the case of an owner who is a minor, by the guardian of his estate or, if no guardian has been appointed, by the Public Trustee; or (b) in the case of an owner who is for any reason unable to exercise control ove…

Section 26 of Sectional Properties Act CAP 286: Board of management

(1) A Corporation shall have a board of management that shall be constituted as provided by the by-laws of the Corporation. (2) A Corporation shall, within fifteen days of a person becoming or ceasing tobe a member of the board, file at the land registry a notice in the prescribed form stating the n…

Section 27 of Sectional Properties Act CAP 286: Convening of meetings of the Corporation

When a developer registers a sectional plan, he shall within— (a) ninety days from the day that fifty percent of the units are sold; or (b) one hundred and eighty days from the day that the first unit is sold, whichever is sooner, convene a meeting of the Corporation at which a board shall be electe…

Section 28 of Sectional Properties Act CAP 286: Annual meeting

(1) The board shall, once every year, convene an annual general meeting ofthe owners. (2) An annual general meeting of the owners shall be convened by the board within fifteen months of the conclusion of the immediately preceding annual general meeting.

Section 29 of Sectional Properties Act CAP 286: By-laws of the Corporation

(1) The Corporation may make by-laws to provide for the control, management and administration of the units, the movable and immovable property of the Corporation and the common property and for establishment of a Committee. (2) Notwithstanding subsection (1), on first registration, the by-laws spec…

Section 30 of Sectional Properties Act CAP 286: Enforcement of by-laws

(1) If an owner contravenes any of the by-laws, a corporation or an aggrieve downer may refer the dispute to the Committee provided for under section 20 and 30. (2) A corporation or an aggrieved owner shall, when referring a dispute to the Committee under subsection (1), specify the by-laws that wer…