Legal workstreams in a development
- Land acquisition and due diligence on the development site
- Joint venture and development agreements between landowners and developers
- Project company structuring and financing documents
- Development approvals under the Physical and Land Use Planning Act 2019, and environmental licensing under the Environmental Management and Co-ordination Act
- Construction contracts with contractors and consultants
- Off-plan sale agreements, deposit handling and buyer communications
- Sectional titles for units under the Sectional Properties Act 2020
- Management company and service charge structures
Joint ventures with landowners
Landowner joint ventures are common in Kenya: the landowner contributes land, the developer contributes capital and expertise, and the parties share units or proceeds. These arrangements need precise terms on title, timelines, approvals, financing, unit allocation, default and exit — otherwise a stalled project can leave both sides in dispute over the land.
Common risks and mistakes
- Selling off-plan before title, approvals and a clear sectional title structure are in place.
- Joint venture agreements without clear default, step-in or exit provisions.
- Starting works before planning and environmental approvals are granted.
- Construction contracts that do not match the project's financing and sales timeline.
Who should seek counsel
- Property developers and project companies
- Landowners considering a joint venture
- Investors funding a development
- Buyers' groups and management companies
How we work
- 1Project structuringWe advise on the vehicle, land arrangements and financing structure.
- 2Approvals roadmapWe map the approvals and licences the project needs and coordinate with your consultants.
- 3DocumentationWe prepare JV, construction and sale documents aligned with each other.
- 4Sales and titlesWe manage off-plan sales, completion and the issue of sectional titles.
Advocates for this matter
Frequently asked questions
Typically development permission from the county government under the Physical and Land Use Planning Act 2019, building plan approval, and an environmental licence from NEMA where required. Other approvals depend on the project's location and use.
Under the Sectional Properties Act 2020, individual units in a building — such as apartments — can be registered with their own titles, with common areas held through a corporation of unit owners.
Deposits should be handled under clear written terms, ideally held by an advocate or in escrow until agreed milestones are met. This protects both buyers and the developer's reputation.
It should cover land contribution and title, approvals, financing, timelines, unit or profit sharing, default, step-in rights, dispute resolution and exit.
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This page gives general information about Kenyan law and is not legal advice for your situation. Contacting us does not create an advocate–client relationship. Last reviewed 8 Oct 2026.