Legal & compliance

Land due diligence

The checks to run before you buy land in Kenya, from the official search to Land Control Board consent. We do not offer conveyancing.

Last updated

This page is a working draft. It has not yet been reviewed by our advocate and may change. It is not legal advice.

Buying land is safest when every fact about the plot is checked against official records before any money moves. This page explains the checks we run before we list a plot and the checks your own advocate should run before you sign. Equitable Homes Real Estate Limited sells and leases land. We do not offer conveyancing or legal advice. Always instruct your own advocate for the sale agreement and transfer.

What we check before we list a plot

[Confirm the checks Equitable Homes runs before a plot is listed, for example: official search, survey plan and beacons, site visit, and the source of the title status shown.]

The title status shown next to every price is what we hold on record on the date shown. It is a starting point for your advocate, not a substitute for your own search.

Checks your advocate should run

1. Official search

An official search confirms who the registered owner is and whether there are charges, cautions or restrictions on the title, under the Land Registration Act, 2012. Where the registry is on Ardhisasa, the search is done there. Elsewhere it is done at the land registry for the area. Run it close to the date you sign, and again before transfer.

2. The seller's identity

Compare the name on the search with the seller's national ID and KRA PIN. If the seller is a company, get its current official record of directors and shareholders from the Business Registration Service and check who can sign for it.

3. Survey and boundaries

Get the survey plan or registry map for the plot and have a licensed surveyor point out the beacons on the ground. The size on the title should match the ground.

4. Visit the land

See the plot yourself. Check who is on it, the access road, and anything that does not match the listing.

5. Planning and land use

Confirm with the county planning office what the land may be used for, and that any change of use or subdivision has been approved under the Physical and Land Use Planning Act, 2019.

6. Agricultural land needs Land Control Board consent

Most sales, leases and subdivisions of agricultural land in a land control area need consent from the Land Control Board under the Land Control Act (Cap. 302). The application must be made within six months of the agreement. Without consent, the transaction is void.

7. Rates and land rent

Ask for the county rates clearance and, for leasehold land, the land rent clearance, so no arrears pass to you.

8. Leasehold terms

For leasehold land, check how many years are left on the lease, any conditions in it, and whether the lessor's consent to transfer is needed.

9. Buyers who are not Kenyan citizens

Article 65 of the Constitution of Kenya allows a person who is not a citizen to hold land only on leasehold, for up to 99 years. Agricultural land has further limits under the Land Control Act. Take advice before you commit.

Identity checks we are required to make

Estate agents are reporting institutions under the Proceeds of Crime and Anti-Money Laundering Act, supervised for this by the Estate Agents Registration Board. When a sale goes ahead we must confirm your identity and may ask where the funds come from. Our privacy notice explains how we handle those details.

Paying safely

Read our payment notice, shown at the foot of every page, before you send any money. It says where payments may go and what to do if anyone asks you to pay somewhere else.

Official sources

This page is general information to help you ask the right questions. It is not legal advice about any plot.