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How to Obtain Certificate of Registration for Real Estate in Kenya
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|How to Obtain Certificate of Registration for Real Estate in Kenya by Kenyans247(1): Sat Feb 2020 07:57am|
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.
iii) register with lands registry in Kenya.
vi) proof of real estate purchase.
v) proof of finance to invest in Real estate business.
1)Fill the Application Form for Real Estate Business registration.
2)Engage legal advice (a Lawyer).
3)Register Your business
4)Obtain a Work permit (For non resident)
5)Submit Application Form + Certificate of Incorporation + Articles and memorandum of association to KenInvest.
6)Pay for the processing a certificate fees on approval.
7)Issue of the Certificate Registration for real Estate.
Registering a property in Kenya is much simplified when you hire an attorney to represent you, or work through a local real estate agency.
Power of attorney. If there are no formal requirements for the content, power of attorney must at least contain the following:
i)Full address of the registered or principal office.
ii)Full address of place of business in Kenya.
iii)List of nationality and other directorships of companies in Kenya.
iv)Date of power of attorney.
v)A certified copy of the Charter.
vi)A copy of subjects identification.
vii)Statutes or Memorandum and Articles of Association of the Company.
viii)Full address of the registered or principal office of the company.
Office Locations & Contacts
MINISTRY OF LAND, HOUSING & URBAN DEVELOPMENT
1ST NGONG AVENUE
P.O. BOX 30450-00100
To be eligible for a real estate agent certificate of registration, you must:
i)Be 18 years or over
ii)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 to
i)Hold a certified copy of your passport
ii)Have a visa that allows you to work in Kenya.
The fee schedule is as follows
i)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
iv)Taxpayer Identification Number (TIN)
i)Name of Business
The 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 buyers
v)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.
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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