Buying land in Kenya goes through a procedure. Without following the procedure, you can easily be conned. If you are planning to buy land in Kenya for the year 2024, follow this procedure:
1 . Request for the original TITLE DEED or Copy of the title deed. Then do a search at the Ministry of Land to confirm who the real owners are or if the title has any CAVEAT on it. The search will cost you Sh 520.
This step will help you determine the real owner of the land. Sometimes you might do a search but realize that the owner has already sold land to other customers but they have not processed the title. To be sure the land is genuine and does not have conflicts, go and ask the neighbors about the history of the land.
2. Do a search with LOCAL AUTHORITIES to check for any unpaid land rates. If any, agree with the seller who will settle the land rates. NB: LAND can’t be transferred if there are unpaid land rates.
If there are land rates, you will arrange with the land owner on how to pay. You might split the costs or subtract the figure from the total amount of money you are going to pay.
3. Go to the Ministry of Lands and buy 2 Maps, one showing the exact measurements of the piece you are buying called (mutation) and the other showing the neighboring lands, Each costs Sh 350. The total cost will be Ksh 700. The figure might change from time to time.
4. With your 2 maps and a surveyor (you can do it yourself) visit the land you are buying and verify the details on the MAP. Check out all the beacons.
5. Sit down with your seller and bargain the price. Write down an agreement. The agreement can be done in the presence of a lawyer. According to LSK, if the value of the land is below 1 million you pay the lawyer 3K, if it’s above 1 million you pay the lawyer 8K for the agreement.
Never buy land without writing an agreement with the owner in the presence of a lawyer. This will help you in the future in case of a court case.
6. Pay some amount as per your agreement, Don’t pay everything even if you have the full amount.
The amount to pay is captured in the agreement. If the cost of land is Ksh 3 million, you can agree to pay Ksh 1 million as a down payment and pay the rest for 6 months.
7. Book a meeting with the lands control board (LCB) They meet once every month. It will cost you Sh 1000.
LCB will issue consent for the land to be sold.
There is a normal board and a special board. The special board will cost you more, at least Ksh 5,000. But if you are not in a hurry, the normal board is ideal.
8. Pay the remaining balance after getting consent from the Lands Control Board.
9. Go to the Ministry of Lands offices with your KRA PIN, 2 passport photos, and a copy of the TITLE DEED to change ownership. The total cost is from Ksh 5,000.
10. At this stage you don’t need the seller. Now go pay stamp duty, ie according to the VALUE of the land.
4% of sales value in municipalities &
2%of sales value in reserves.
11. Now the land belongs to you, but before celebrating go to the Ministry of Lands and do a search to confirm if they have updated their RECORDS and it reads you. It takes up to 1 month to update the records.
Once you confirm that the land is in your name, wait for about 6 months and do another search. You will then develop it without any problem.
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