Land is a precious commodity in Kenya. Investment in land has also become a hot topic in Kenya with everyone struggling to acquire a piece for themselves. With these developments it’s important that people know how to legally transfer that piece of land to their name to avoid legal battles about ownership.
The process of lands transfer and registration should take a maximum of 90days
What you need
- Original valuation report
- Original stamp duty assessment form and payment receipt
- Rates clearance certificate
- Copies of national ID and PIN for all parties
- Colored passport size photographs of all parties
- Consent from commissioner of lands or land control board
- Original title deed
- Land Rent clearance certificate
The procedure
Apply and obtain land rent clearance certificate
The owner of the land should obtain this certificate through their lawyer at no cost. The process should take about 19 days and it’s done at the office of the commissioner of lands
Apply, pay and obtain rates clearance certificate
The land seller needs to also obtain this document from the county office in question. The purpose of the certificate is to a certain that there are no outstanding land rate fees to be paid to the county government. There will be lawyer fees calculated based on the value of the land.
The cost of this certificate is around KES 10,000
Apply for a search on the title
Land search is done at the land registration office .The process should cost 500 shillings and will take 3 days.
Apply, obtain consent to transfer
You need to obtain the consent to transfer leasehold land held by the state. This is done from the national land commission office. It will cost 1000 Kenya shillings and it will take you approximately 9 days.
File the transfer instrument
The land buyer is then supposed to instruct his lawyer to file the draft transfer at the National Land commission. This draft is supposed to be approved by the seller’s lawyer before being presented for stamp duty assessment. It will take 4 days and cost approximately five hundred Kenya shillings.
Receive site inspection by government valuer and obtain valuation report
At this point an inspector should visit the property and compile a valuation report that will be endorsed on the transfer. This process should happen within a month, it could even take a day.
Endorsement of value for Stamp Duty and assessment of Stamp Duty.
The stamp duty assessment officer will then assess the stamp duty payable and indicate the amount on the forms. Complete the Stamp Duty form including the purchase price. This takes 3 days.
Payment of Stamp Duty
Stamp duty is payable to Commissioner for Domestic taxes at designated banks.
The cost is 4% of value of the land within a municipality and 2% of value of land outside municipalities. It will take four days before KRA confirms receipt of payment.
Lodge stamped transfer document for registration.
This is the last process of the transfer process. The documents now stamped are lodge for registration at the local lands office. The lawyer representing the person selling the land gets; the original certificate of Title, Rates Clearance Certificate and Land Rent Clearance Certificate as well as the consent transfer. This process takes 12 days.
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