Category: Tips Advice

The Ardhisasa online system developed to ease land transactions has been with us for a few months. As with any new system, its usage comes with some challenges. As anticipated, land professionals, land owners and other users who have used the system have had mixed experiences with it. This ranges from registration, upgrading of the account, missing files among others.

Quick read:  Ultimate guide to understanding Ardhisasa

While Ardhisasa is an excellent system which will put Kenya on a global scale in terms of land management, the challenge like the validity and completeness of data, stemming from decades of graft in the Ministry and improper storage of land records are some of the challenges that the newly launched system is facing. There are cases where some title deeds have been allocated on road reserves and other categories of public some files are missing and others have deteriorated with time making it difficult to ascertain ownership.  Therefore, with the launch of a new system, there are usually adoption challenges. In the immediate the following are the anticipated challenges.

1.    Initial delay.

While the digitalized land recording system aim was streamline land transactions and ownership easing the frustrations of property owners and buyers such as queueing for long hours at land offices countrywide, there is a big delay in the initial stages. Delays in processing requests for account upgrades for its members and lack of clarity in processing transactions to Nairobi properties that are offline

2.    Illiteracy

By registration to the system, a user is deemed to have accepted the terms and conditions and will equally be bound by the same. This includes willingness to use the system. However, the system can only benefit the people who can use the computer or phones, leaving many Kenyans exposed in the hand of the conmen.

How to Add Property on Ardhisasa

 3.    Restricted searches:

With limited searches on the Ardhisasa platform, the public, investors and practicing professionals and even Kenyans in general will have difficulties where they seek to conduct official searches without the proprietors’ consent. Valuers and Banks will for instance face difficulties in searching and doing due diligence for properties targeted for forced sale by lending institutions. Owners to such properties are unlikely to give permission for searches to be conducted against their properties.

You don’t want to miss: Services Offered by Ardhisasa Digital Platform

4.    Lack of sufficient infrastructure at the county level.

With this system heading into the counties, key concern has been raised on the preparedness by the counties for this reforms. Many counties have insufficient infrastructure to store, process and disseminate electronic data real-time. In some places, there will be need to require extra/secure physical space and/or reliable power. There will also be concern to develop guidelines with information on issues relating to standards, formats, security and dissemination of information in the system for ease of reference or use by users or institutions planning to develop sub-systems compatible with the national system.

Short timelines.

The timelines shared by the government to complete the digitization in the whole country is unrealistic. Given that the uploading of records must be preceded by the conversion of title deeds, it is not in doubt that the process to attain national coverage will go far beyond the provided December 2022 deadline

5.    Feasibility of the system

While the efforts to digitize land transactions are highly welcome, users of the NLIMS have expressed concerns over its feasibility based on a number of challenges experienced like difficulties in registering & upgrading of professional accounts among other problems.

6.    Confusion on the award of titles

In full operation, the repealed land registration laws such as Government Lands Act (Cap. 280), the Registration of Titles Act (Cap. 281), the Land Titles Act (Cap. 282) and the Registered Land Act (Cap. 300). will be collapsed into one, with all titles issued under the repealed laws cancelled and replaced with titles under the Land Registration Act, 2012. This will likely leave a loophole for the fraudsters.

When these parcels of land will be migrated to the new regime, their ownership, size and other interests will not change. What will change, however, is the introduction of Registry Index Maps (RIMs) in place of the current system that uses deed plans which is a bit confusing.

Join the Discussion: How Ardhisasa will help Kenyan Government achieve big four agenda

7.    Identity challenges

There is lack of system crosscheck’s identity information from the registry of persons. For instance, if your identity details do not tally with the information at the registry of persons, you shall not be able to transact on the system. This is a challenge to those people who will not be able to go to Ardhi house to correct their details.

 8.      Verification of Foreign companies

Where the registered proprietor to a property is a foreigner or a foreign company, it will be impossible to transact with your property until is there is created into the system a mechanism to verify Identity information.

9.    Distressed and probate properties

It is not possible to deal with transaction such searches and sale of distressed properties and probate matters because of the approval process required.

10.  Professional accounts inclusion.

Key stakeholders are left out for account upgrading. There are concerns that the list of professionals whose accounts qualify for upgrading is too short. There have been suggestions that registered private valuers, registered real estate agents and registered survey assistants, who regularly engage in land transactions on behalf of clients, ought to be included.

Conclusion

In conforming to the principles advanced in the Access to Information Act 2016, the ministry should have an efficient communication & feedback mechanism where users of the NLIMS can not only access information but also lodge complaints when the need arises. Going forward, there should be an introduction of a hybrid system on an interim basis to allow for a smooth transition until such a time when the NLIMS will be fully operational

For enquiries, please visit Ardhi House or email: [email protected]. The ministry can also be reached on phone: 0743922876.

You may make your comment below for feedback, call us on 0726982982 or on email us through [email protected] as we continuously update our guides.

Ardhisasa is an online platform that allows Citizens, other stakeholders and interested parties to interact with land information held and processes undertaken by Government. It has been developed jointly by the Ministry of Land and Physical Planning (MoLPP) and the National Land Commission (NLC) and key partners in Government. It allows the lodgment of applications for various services offered by the Ministry and the Commission. The applications are handled through the platform and responses presented through it.

This National Land Information Management System (NLIMS), a digital land resource management platform aptly named Ardhisasa was lunched by the president Uhuru Kenyatta to resolve the historical problems experienced by Kenyans when undertaking transactions with the lands registry by easing access and providing a robust, stable and secure platform where transactions can take place in the click of a button. 

You may have missed: How Ardhisasa affects conveyancing of land in Nairobi

Additionally, Ardhisasa app is currently under development which will make Ardhisasa a one stop shop for all land related government services. In the meantime, people can carry out land transaction on this platform on phone or computer using your browser.

So what should Kenyans know and expect from this system which actually is one of its own kind in Africa? The following are the things Kenyans should know about this system.

1.     Only digitized land platform in Africa

The Ardhisasa digital platform is the only digitized platform in Africa where buyers and sellers of land meet, transact land transactions and complete all statutory processes in just 48 hours. The system by April when it was being launched by the President Uhuru Kenyatta had recorded over 10,000 land transactions and has over 30,000 registered users. Lessons from elsewhere inform that it takes such high-level champions for transformative land information management systems such as this to be put in place

2.     Ardhisasa digital platform is a system made solely in Kenya by Kenyans.

It was developed by an elite team of Kenyan software engineering practitioners and students. Only New Zealand has a system as robust as Ardhisasa globally. The governments of Namibia, Ghana, Botswana, DRC, Nigeria and Egypt have sent teams to understudy the system and replicate the same in their countries

Also read: Impact of digitization of land records

3.     The Ardhisasa system will be rolled out in phases.

 It is currently being applied in Nairobi County. This is specially to files in block formats. Thereafter the digitalization of land services will be rolled out to the rest of the country in a phased and gradual manner as feedback from users shall be in cooperated into the system. This project is expected to cover the entire country by the end of 2022. This means as at today other countries are still using the manual method of transaction for various land services.

4.     The system will be able to accept requests for routine land transactions.

The Land Laws (Amendment) Act, 2016 (No. 28 of 2016) was assented to by the President on 31 August, 2016 and came into effect on 21 September, 2016. Areas where changes were made includes, Lessees pre-emptive rights of allocation, Land Settlement Fund Board of Trustees, Land Compensation Fund among others. Therefore, the system will be able to accept requests for routine land transactions because these land laws were recently amended to support the signing, submission, processing and even paying government fees electronically.

5.     The system will enhance efficiency and reduce transaction time.

At the click of a button, citizens will carry out online transactions, drastically reducing human interactions. This will make it possible for anyone who want to do transaction to do it from anywhere. Unlike old manual where one has to physically visit the ministry of land offices, this system will provide Kenyans with ease when they are doing the transaction.

Must Read: How the process of digitization works though ardhisasa at Ardhi House

6.     Manual processing

As per the ministry advisory, all transactions relating to properties under the repealed RLA, except apartments, shall, going forward, be processed through the Ardhisasa system. That notwithstanding, for matters where the registration and stamping process had commenced through the manual system, the transaction shall be completed manually.

For instance, if you have a property in Nairobi registered under the repealed RLA, that is not an apartment, you need to log onto the system, register yourself and conduct a search on your property to see if it is in the system. If your property does not appear, you can reach out to ministry of land officials and they shall assist you to investigate and ascertain if the land is classified as a disputed title or public land thereafter guide you on the way forward.

7.     Customer care support.

For propertied senior citizens unschooled on digital platforms who are apprehensive that their property details may be exposed to third parties as they seek help are advised not to panic. This because landowners whose properties are not in the system should not panic; the ministry has got a robust team of customer care agents who are available 24 hours a day to guide you through the process of uploading your property, and a special team that will help you verify the authenticity of your property.

Explained: How Ardhisasa will curb fraud on land transactions 

8.     Misplaced leasehold files from other counties

Through Ardhisasa, the Ministry is addressing and shall continue to address the issue of missing land records. Where the records are not traced, the process to reconstruct shall follow. Ones all land shall have been digitized, there shall be no issues of missing files because all the records shall be kept in digital format.

9.     The platform will increase revenue generation.

Due to proper valuation, and payment of land rents as well as improve urban planning and infrastructure development. Ardhisasa has been integrated with the Kenya Revenue Authority (KRA) systems which will boost revenue collection by sealing tax loopholes that have always been exploited by unscrupulous traders. This system will be able to track all property owners who some have not been paying land rents and other taxes. It is also expected to boost the on-going national titling programme of securing rights to land through issuance of titles

How to Add Property on Ardhisasa

The government collects revenue when one buys land and pays stamp duty, land rent, capital gains and all the taxes associated with land transactions. With this platform, taxes henceforth be channeled directly to KRA because of the integrated platforms so that KRA is able to monitor in real time who is paying taxes, which taxes and how much is being paid.

Don’t Miss: Online Land Search in Kenya through Ardhisasa

10. Minimize fraud and corruption that have pervaded land offices.

This system when fully operational will relieve innocent Kenyans from exploitation by cartels, middlemen and fraudsters. Missing files, perennial fraud, corruption and illegal land transactions. During the launch, the President said, this system will help Kenyans from missing files and from corrupt brokers at Ardhi house The system will resolve the land problem as it will provide an updated, verified database of land records that are easily available, President Kenyatta said.

Ardhisasa was developed with strict security protocols to ensure only data that is valid and complete, and whose integrity we can vouch for, is ingested into the system. Therefore, any property that has discrepancies in its documentation is currently not available for transaction. Said former Cabinet Secretary, Farida Karoney.

Join the Discussion: How Ardhisasa will help Kenyan Government achieve big four agenda 

Conclusion

Ardhisasa is a system has greatly altered the usual operation in Ardhi house and land sector in general for the entire country. However, its usage is still not clear to many Kenyans. Here at premier we have professional who can help you with all the services you may require. Always check our website for new updates.

Real estate investments usually take a bulk of people’s investment. For a customer to invest their life savings, the need to find a trusted real estate agent is more important than in other fields. As a real estate agent, this article will give you insights on how to build trust with your customers to get that all important deal.  We shall go deep into these 12 key factors that help develop trust.

1.      Quality communication

2.      Good online profile

3.      Trust with other agents

4.      Offering top notch customer service

5.      Connect and Communicate on Social Media

6.      Providing Clear Videos and Authentic Photos

7.      Build Integrity and a Good Reputation

8.      Provide Consistency and Regular Updates

9.      Be honest

10.  Avoid unnecessary promises

11.   Start and Participate in Online Groups

12.  Join Industry and Local Professional Groups

1.      Create a good online profile

Often, your profile is the first impression you’ll make on potential clients, so it shouldn’t be taken lightly. You can do this by creating a website for your company, or yourself. Research shows 99% of millennials (and 90% of baby boomers) begin their home search online (as opposed to in-person referrals). To take advantage of this, your online profile should showcase your best assets and displays past client testimonials. Recent marketing studies clearly indicate that consumers believe about 14% of what we say about ourselves but believe 78% of what other people say about us. Pinpoint your specialties and what sets you apart from your competition. Remember to share a bit about who you are as a person, so they’ll feel more connected to you and confident that you’ll take good care of them.

Once you have created a profile with us, we give you a chance to show crucial information like your credentials, links to your social media profile, past sales and customer testimonials. You can send your profile link to your customers who can then provide ratings for you. Customer testimonials help prospects to learn about actual experiences past clients have had with you and can then easily imagine the possible experiences they could have, themselves.

2.      Quality Communication

Customers eagerly anticipate information from you and the longer you go without communicating, the more they become anxious.  Maintain a system for keeping communication open with your real estate partners and customers so that you you will stand miles above the competition. Once you’ve established a connection with your customers, always follow through with what you say. This will show the customer that you’re not just in it for the transaction or to make money. It shows you’re just as focused to help them get to the final goal.

At premier agent, we have created a leads section which you can access once you are logged in and you can track and manage all contacts who have expressed interest in your properties.

3.      Build Trust with Other Agents.

Building trust with your fellow agents can be a long and difficult process, but it’s an incredibly important step that every successful agent will work towards. An agent that trusts you will be much more likely to refer clients to you and work with you should you need their help. In addition, an agent that you have built trust with will most likely notify you of new listings and ask that you refer some buyers towards their property. These types of relationships are what make real estate both a competitive and cooperative business, and successful agents are agents that understand the importance of networking with their fellow agents.

 
4.      Offering top-notch customer service.

The real estate profession is and always has been a people business. People do business with people they know, like and trust and at the heart of the business lies the skills to cultivate and build relationships. Those who do not learn how to build relationships and gain the trust of consumers will have just as much, if not more difficulty, converting leads as they did in developing leads in the first place. There are no short cuts to developing deep and lasting relationships.

5.      Connect and Communicate on Social Media.

Having a social media presence is one of the best things real estate agents can do to communicate effectively in order and grow their brands. Today hundreds of thousands of people are using social media to stay relevant within the industry. According to a recent study from the National Association of Realtors, 47% of real estate businesses note that social media results in the highest quality leads.

Facebook is a no-brainer and remains a staple of marketing for real estate agents. Facebook allows businesses to publish listing-related updates and content, book appointments, communicate with customers and curate reviews in a single platform. You can also use Facebook ads to grow your business.

6.      Providing Clear Videos and Authentic Photos

Customers expect to see videos and clear pictures of the properties listed following the rising usage of technology. We have created a complete guide on how to take real estate photos. The internet is one of the most influential and phenomenon sources of information, making use of Facebook to Twitter, to photo-sharing platforms like Instagram, there are all kinds of social platforms that you can use to connect and sell your brand to people.

7.      Build Integrity and a Good Reputation

One of the best way to build a relationship of trust and confidence with clients is to ensure them of your integrity. This means managing the client’s demands, meeting every deadline, and providing extra value whenever possible. Nothing will ensure returning clients and referrals as much as the agent’s integrity and quality of service.

Ensuring you know every detail about the market and the key steps in the process of buying land in Kenya, meeting the client’s demands, and following up on what’s promised and expected will make you reliable and trusted.

8.      Provide Consistency and Regular Updates

Keeping customers updated both online and offline offers the perception of stability and longevity, both of which are essential aspects of trust in a company’s ability to deliver the products or services they require. As a real estate agent, ensure that you actively present updates on any new projects that you have and supply customers informative information.  Remember that everything you publish online should be accurate and also well-written. Your messages should be precise and simple, and they should reflect your expertise and competence. It will let readers connect with you on a more personal level and set you apart from your competitors.

9.      Be Honest

To build trust in your business, be as honest with your clients as you probably expect them to be with you. Always tell the truth; otherwise, people are likely to come to the worst conclusion about your motivation and competence. Dishonesty not only makes your customers walk out but also seriously damages your reputation.

10.  Avoid Unnecessary Promises

Keeping your word is a needed to build trust with clients and prospects. Avoid setting unrealistic expectations as most customers want straightforward and realistic goals in choosing a Real Estate Agent.  Real estate agent’s reputations often precede them for better or worse. Stories of your successes and failures will spread like wildfire, and the reputation you build for yourself will either help you get more deals or eliminate your chances of doing so. Besides being professional, knowledgeable and pleasant to work with, you also need to be a person of integrity by always following through on your word.

11.  Start and Participate in Online Groups

Consider joining professional groups in the community to make meaningful connections to and build your brand. You can start or participate in online groups for the same reasons. Look for neighbourhood and industry groups where agents can post about community news, current listings, and real estate updates. Groups on Facebook and other sites encourage sharing, connecting, and creating relationships that help generate referrals.

Participate in community events and neighbourhood improvement projects with other local professionals. Create a network of mutual referrals to help locals find a team of helpful professionals they can trust. At Premier Agent, we support several online and offline community groups and can connect you with one.

12.  Join Industry and Local Professional Groups

Clients want to know an agent is competent and honest. An agent who belongs to industry and local professional groups proves his or her expertise. Your office or online profile, post licenses and group affiliations in a place where clients can see them. In Kenya, you can join the Estate Agents Registration Board which is the regulatory body for estate agency practice in Kenya.

To register with the Estate Agents Registration Board, please read our guide on how to register with the Estate Agents Registration Board.

The real estate industry has always been relationship-driven. If you’re focusing on creating a long-term relationship with real estate agents, you’ll begin to see improvements in volume and a wide expansion within your referral network. You can also read our  tips to Become a Trusted Real Estate Agent in Kenya which we have created to help you transform into a trusted partner in the eyes of your real estate partners. 

Ardhisasa is a national land information management system developed by the Ministry of Lands and Physical Planning in consultation with the National Lands Commission, County Governments and other stakeholders, for Kenyans by Kenyans. This platform enables the common mwananchi to access credible, reliable and efficient land and land-based services.

You don’t want to miss: Other services Offered by Ardhisasa Digital Platform

Some of these services can only be performed by a professional once they upgrade their accounts. The process of registration and navigation is, however, the same. Simple and straightforward guidelines on how to register and navigate through the system have been provided.

Quick Guide: A Guide to Registering on Ardhisasa

To understand how to register a caution on Ardhisasa, this video will help.

a verified advocate initiates registration of caution services by switching from a private to an advocate account to create a new application.

Under land registration services, click on view more where all services are listed, then select caution. then click on registration of caution.

on the list of registration applications that come up, click on new application.

Registration Process of Foreign Nationals on Ardhisasa

Read the FAQ then proceed to the proprietors page where you will eter details like parcel number and proprietors information and then click next to move to the caution page.

Add the cautioner and describe the interest claims. Cautioner must be registered in the system.

Upload any supporting documents then confirm and verify details.

Cautioners then are requested to sign and the advocate can submit the caution for registration.

parties can then download a copy from the documents tab.

Quick Guide: How To Pay Land Rent on Ardhisasa

For enquiries, please visit Ardhi House, Off Ngong Rd: P.O. Box 30450-00100, Nairobi,Kenya or email: [email protected]. The ministry can also be reached on phone: 0743922876.

Keep visiting our website https://property254.co.ke/ or call us on 0726982982 or on email through [email protected]  as we continuously update our guides.

You can now pay your land rent on Ardhisasa using the itemised easy steps.

 You can now pay your land rent on Ardhisasa, at the comfort of your home or office. Follow the following easy steps to make your payment.

Go to ardhisasa.lands.go.ke

Register an account to begin transacting. If you are a registered user, simply log into your account and transact.

Quick Guide: A Guide to Registering on Ardhisasa

Go to Services on the website

Under Land Administration, click on Land Rent

Then click on Pay Land Rent

Enter Title Number on the Search section using the following formats: Registration Unit/Registration Section/Parcel Number;

For Nairobi Blocks: Nairobi/Block12/345 or Block No/Parcel Number (for example: 12/345)

For Mombasa Parcels: Mainland North (or South)/Roman Number/Parcel Number (for example MN/IV/123)

How to Conduct Land Search on Ardhisasa

For other towns and municipalities: Kiambu/MunicipalityBlock1/234

After searching for the parcel, pending payments will be listed

Under Actions, click on Pay

Choose Payment method (M-Pesa or M-Pesa Express) and follow the instructions given to make the payment.

You will received a payment Confirmation message on your phone

Click on Confirm to complete the transaction.

The payments will reflect on your account instantly!

NOTE: If you have several pending land rent payments, you will be required to pay each one of them separately, since each has a unique invoice number. You will ONLY receive a Clearance Certificate once you have settled all pending payments.

Ultimate guide to understanding Ardhisasa

Download the Clearance Certificate or Print it directly from the site.

You may have missed: How Ardhisasa affects conveyancing of land in Nairobi

Must Read: How the process of digitization works though ardhisasa at Ardhi House

For enquiries, please visit Ardhi House, Off Ngong Rd: P.O. Box 30450-00100, Nairobi,Kenya or email: [email protected]. The ministry can also be reached on phone: 0743922876.

Keep visiting our website https://property254.co.ke/ or call us on 0726982982 or on email through [email protected]  as we continuously update our guides. 

The recently launched a National Land Information Management System (NLIMS) commonly known as Ardhisasa on 27th of April, 2021 by the president, Uhuru Kenyatta was the culmination of effort to digitize existing cadastral maps and the corresponding ownership records in the country. It has been able to clearly delineate public from private land. The system has been made online where the two has been linked making it possible for the real time inquiries on the system.

Quick Guide: A Guide to Registering on Ardhisasa

Not all process on Ardhisasa can be initiated by a normal public account, therefore the platform provide way for professional to upgrade their account in order to transact. For example, most land registration process will require an advocate to initiate on your behalf and for survey, they will require surveyor to submit the application. With normal public account you will be privy to applications which have been initiated on your behalf by a professional but you cannot initiate application on your own.

User registration in the Ardhisasa.

To access the system, one has to pre-register into the system. Click on the “Register” icon on the Ardhisasa platform to be prompted to register as an individual or a company. For the individual account, natural Kenyan citizens are required to register individual user accounts. To register an account, one should have their National Identification Card Serial Number and the ID Number, a working email address, passport-sized photo (with white background), and an active phone number. (It is important to note that at the moment, only Kenyan Citizens can register an account.)

You need to know: How Ardhisasa is changing the process of purchase and sale of properties in Kenya

For company user account, private limited liability companies are required to register company accounts. To register a Company account, one should have the Company’s Company registration number, official and active company mobile number (registered using a director’s ID number), company email address, and passport-sized photo(s) of the directors (with white background).

This is the first registration which allows one to be registered into the system. However, the system allows for the account upgrading for the professionals to allow them submit their respective professional work, such as conveyance documents, development applications or survey records, for processing and/or approval.

Professional User Account

The individual user account provides a separate interface that enables professionals such as Advocates, Registered Physical Planners, and Registered Quantity Surveyors to upgrade their account to a professional user account. To register a professional user account, one must first have an individual user account, be a member of good standing to the relevant professional body that governs his/her profession and have copies of the requisite documentation. The upgrade to a professional account shall enable the professionals to initiate specialized services on behalf of their clients.

This is important: How to Conduct a Land Search Using Your Ardhisasa Account

How to upgrade account on Ardhisasa?

Some professionals are having challenges getting their accounts upgraded. Therefore, how can one upgrade his or her account? The following are the step by step on how to upgrade an account.

1)     Login to Ardhisasa platform.

2)     CLICK account,

3)     Click Upgrade account,

4)     Select the profession,

5)     Enter registration number,

6)     upload registration certificate and other relevant documents such as national identification card, practicing certificate and registration certificate,

7)     Verify and submit.

8)     A notification will be sent to your phone or email upon approval.

Must Read: How the process of digitization works though ardhisasa at Ardhi House

Only four categories of professional are on the platform and they are the ones who can be their private account. These are: advocates; licensed surveyors; registered physical planners; and registered county physical planners. This list however excludes key stakeholders in the land sector such as like Valuers and real estate management agents, registered under the Valuers Registration Board, and the Estate Agents Registration Board respectively.

It is good to note that

·         if your name does not march the names in your documents, you will have to upload an affidavit confirming that the names in your document and those in your ID are indeed the same person.

·         You must be keen with punctuation. For advocates, they must insert the full stop which is in their admission number (P.105/XXXXX/YY) and do not add space where there is none.

·         These admission number must be entered as per the practicing certificate.

For example, note the difference here

Practicing certificate: P.105/XXXXX/17 (This one is correct entry)

Admission certificate: P. 105/XXXXX/2017 (This one is a wrong entry).

The lawyers have been facing challenges in upgrading of their professional transaction accounts and this can only be avoided if the correct guidelines are followed. The lawyers’ land transaction business has as a result been affected because the online portal does not recognize the law firms’ registration number. This is the main reason why these finer details are very important.

Therefore, the advocates; licensed surveyors; registered physical planners; and registered county physical planners will need the following documents to upgrade their accounts into the Ardhisasa platform.

1)     Scanned copies of practicing certificate

2)     Scanned copies of registration certificate; and/or

3)     Supporting documents for example the I.D.

Official searches, transfers and maps

The Ardhisasa system allows any registered user to make property searches, transfer property, order for a cadastral map or a title. It allows one to request department-specific services provided by the Ministry of Lands and Physical Planning including:

Land registration services- these include registration of cautions, charges, leases, certificates of title/ leases, replacement of titles, restrictions, searches, assessment for stamp duty, and transfers;

How to Pay Land Rent on Ardhisasa

Land administration services- this includes processes such as subdivision, extension of leases, change of user, consents, lease preparation, the extension of user, and renewal of leases;

Physical planning services- this includes approval of part development plans, plan preparation, and issuance of certificates of compliance;

Survey and mapping services such as subdivision, amalgamation, new grants, re-survey, surveying of sectional properties, extension of leases, and change of user;

Valuation services Ã¢â‚¬â€œ asset valuation, government leasing, government purchase, estate administration, and arbitration;

Adjudication & settlement of land

Land allocation services by the National Land Commission

when requesting for an official search to a property or land, the process for searching the land must be followed.  The property owner must give permission for the search to be given. This requires that the person intending to undertake a search, and the proprietor to the property targeted for a search, must pre-register in the system. Moreover, the property owner must have entered the details of the property through the My Properties” option available in the Ardhisasa system menu. The government has further clarified that only parcels Accounts for professionals:

User feedback on account upgrading.

As would be anticipated, different users have had mixed experiences with the system. Some have found it easy to navigate the system for various services and some, especially the four categories professional; advocates; licensed surveyors; registered physical planners; and registered county physical planners are having challenges getting their accounts upgraded.

There are also concerns that the list of professionals whose accounts qualify for upgrading is too short. The land sector is very diverse and different professionals requires account upgrade. In this therefore, there has been a suggestion that all land sector stakeholders such as registered private Valuers, registered real estate agents and registered survey assistants, who regularly engage in land transactions on behalf of clients, ought to have been included.

For enquiries, please visit Ardhi House, Off Ngong Rd: P.O. Box 30450-00100, Nairobi,Kenya or email: [email protected]. The ministry can also be reached on phone: 0743922876.

Keep visiting our website https://property254.co.ke/ or call us on 0726982982 or on email through [email protected] as we continuously update our guides.

Land is a very important resource in our country.  The issues of land have been very emotive because it has not been well managed. There has been fraud, manipulation and grabbing of government land by senior people in the government. The Ardhisasa has protected the government land from looters. The old manual had loopholes which fraudsters, impersonators and middlemen capitalized on to take bribe. Speaking on how effective Ardhisasa platform will stop fraud in land sector, Land cabinet secretary, Farida Karoney said she has confidence in the system. “We have built a very safe and secure platform with highly encrypted data, making it one of the most secure systems ever developed. Ardhisasa will restrict transactional powers to professionals registered with their respective bodies, and prompt users and professionals to demonstrate fidelity to the law,” the CS said.

Quick read:  Ultimate guide to understanding Ardhisasa

Uploading of files into the Ardhisasa requires that all properties are georeferenced. This makes it possible for real time monitoring and consequently will help the government to recover government land which had been grabbed by unscrupulous traders.

Because of this georeferencing and coordinate system, all fraud land will be detected by just placing the coordinates and this will pin the parcel up to the ground. For titles which are in the riparian land, road reserve, forest, airport or any other public space, will be destroyed and will not be uploaded. For instance, those who have the title registered under their name but the land belongs to the public will not see their parcels of land uploaded on the Ardhisasa. This means the parcel will go through cleaning to a certain the owner and how the land was acquired.

Introduction of Ardhisasa is part of the reforms in the ministry of land that has been affected with corruption. It involves migrating all parcels to one regime, the Registry Index Maps (Rims).

Rims will replace deed plans as registration instruments for land. The deed plans have been prone to manipulation.

However, it is good to note that Ardhisasa was created in consideration of all laws of Kenya therefore there cannot be any fraud when using it.

The conversion of the deed plans does not interfere with boundaries as Rims are generated from existing survey plans. The survey maps are available on request.

The conversion process does not affect ownership. Your title will be replaced with a title under the Land Registration Act, 2012.

The old title will be cancelled and placed in the safe custody by the registrar.

You need to know: How Ardhisasa is changing the process of purchase and sale of properties in Kenya

You don’t want to miss: Other services Offered by Ardhisasa Digital Platform

For enquiries, please visit Ardhi House, Off Ngong Rd: P.O. Box 30450-00100, Nairobi,Kenya or email: [email protected]. The ministry can also be reached on phone: 0743922876.

Keep visiting our website https://property254.co.ke/ or call us on 0726982982 or on email through [email protected]  as we continuously update our guides.

With Ardhisasa, what changed?With introduction of Ardhisasa platform, many things have changed on how people are doing land or property transactions. Before then, you would see many people especially lawyers, investors, property owners and brokers gathering outside Ardhi house with big files in their hands. These people would be seeking for different services ranging from land search, replacement of title, registration of certificate of titles among others. Now, most of these services has been put in one platform called Ardhisasa, an online platform that allows Citizens, other stakeholders and interested parties to interact with land information held and processes undertaken by Government.

Quick read:  Ultimate guide to understanding Ardhisasa

“At the click of a button citizens will carry out various land transactions, drastically reducing human interaction, delays and all other inconveniences that Kenyans have had to endure in our land registries,” President said.Services that have been moved online on ArdhisasaTransfer of ownershipIssuance of consentValuation requestsPayment & issuance of land rent clearance certificate.Payments of stamp dutyRegistration & consent feesApplication and withdrawal of caution/caveats/restrictionsRegistration of land documents and searches

You don’t want to miss: Services Offered by Ardhisasa Digital Platform

But what happens to those people whom their land parcels have not been updated?

If your land parcel has not been updated in to the Ardhisasa system, you have to register your parcel by adding your property details on the system and wait for your parcel to be verified by the ministry. No manual transaction can be done to parcels within Nairobi County. Even search cannot be conducted successfully.

Manual transaction can however, only be done for parcels outside Nairobi County and for the parcel in LR format. It is good to note that; LR are parcels registered under the old regimes or repealed laws, Block parcels are parcels registered under the new Land Act 2012. Some of the repealed legislations included the Government Lands Act (Cap. 280), the Registration of Titles Act (Cap. 281), the Land Titles Act (Cap. 282) and the Registered Land Act (Cap. 300).

Transaction for parcels in LR format are done manually at Central Land registry at the ministry of land. To transact on parcels in NAIROBI/BLOCK format, navigate to My property section in the Ardhisasa platform and add your property details then wait for a verification notification from the Ministry. Once the parcel has been verified you will be in a position to transact on your parcel on Ardhisasa.

Transfer by Personal Representative to Person Entitled Under a Will or Intestacy on Ardhisasa

The verification process involves cross-referencing and verifying data from three departments (Land Administration, Survey, and Land Registration. The process is still ongoing. Once the details are verified you will receive a notification. The notification will be done via phone, email address and on your Ardhisasa account.

 
Conducting a search at central registry is free. The requirements for a manual search are;

1.Duly filled Application for Official search Form. You can click this link to get the form.

http://kenyalaw.org/kl/fileadmin/pdfdownloads/LegalNotices/2017/LN278_2017.pdf

2.Title deed

3.PIN certificate (copy)

4.Identity card (copy) for the applicant if Kenyan.

Quick Guide:  How to add Property on your Ardhisasa Account

For enquiries, please visit Ardhi House, Off Ngong Rd: P.O. Box 30450-00100, Nairobi,Kenya or email: [email protected]. The ministry can also be reached on phone: 0743922876.

Keep visiting our website https://property254.co.ke/ or call us on 0726982982 or on email through [email protected]  as we continuously update our guides.

To become a registered real estate agent in Kenya, one needs to be registered with the Estate Agents Registration Board (EARB). Only EARB registered and licensed Estate Agents with a current practicing annual certificate can conduct Estate Agency.

Section 18 of the Estates Agents Act Cap 533, Laws of Kenya provides as follows: –

1. After the expiration of six months from the commencement of this Act or such further period as the Minister may, by notice in the Gazette, allow either generally or in respect of any particular person or class of person: –

(a) No individual shall practice as an estate agent unless he is a registered estate agent;

(b) No partnership shall practice as estate agents unless all the partners whose activities include the doing of acts by way of such practice are registered estate agents;

(2) Any person who contravenes subsection (1) shall be guilty of an offence and liable to fine not exceeding twenty thousand shillings or to imprisonment for a term not exceeding two years or to both.

Estate Agents Registration Board (EARB) is the regulatory body for estate agency practice in Kenya and it derives its mandate from Estate Agents Act, 1984 Cap 533 which was operationalized in 1987.Becoming a registered real estate agent in Kenya enables you to legally participate in selling and renting out buildings and land.  

In the civil case no. 94 of 2016 tree parties who had been engaging in the business of real estate were seeking Kshs. 46,250,000.00 as commission from the defendants. However, at least two of the parties in the partnership were not registered with the Estate Agents Registration Board(EARB). The court held that the Plaintiffs, having engaged in practice as Estate Agents contrary to the law they cannot file a suit and expect to be awarded commission arising from their illegal activities.  

 Conditions and qualifications for registration with the Estate Agents Registration Board (EARB)

To be registered as a real estate agent in Kenya, you need to be a Kenyan Citizen and:

a)      A full member of the Institution of Surveyors of Kenya in specified departments; or

b)      The holder of a degree, diploma or licence from any university or college or school which is recognized for the time being by the Board; or

c)       a person who

a.       is the holder of a degree, diploma or licence of a university or college or school or a member of an institution the membership of which is recognized for the time being by the Board as furnishing sufficient evidence of an adequate academic training for practice as an estate agent; and

b.      has had, to the satisfaction of the Board, practical post qualification experience in such practice of not less than two years of which not less than six months has been in Kenya; or

d)      a person who is not qualified under paragraphs (a), (b), or (c) but is of good character and satisfies the Board that he has not been convicted (whether in Kenya or elsewhere) of an offence involving fraud or dishonesty.

The registration is done on individual real estate agents. For partnership business, all the partners of such a business need to be registered as real estate agents as well. For companies, then the directors of such companies need to be registered as real estate agents by the board.

Wondering on what the procedure for an Agent to Register as a real estate Agent in Kenya? We break down the procedure as:

1. Obtain the necessary forms

Visit the EARB website and complete the online form. You may alternatively visit the Estate Agents Registration Board offices in Survey of Kenya for more guidance.

2. Complete and return the documents

  Attach the relevant Certificates as indicated in the form or online i.e.

•      Passport size photo
• b.      Copy of ID or passport
• c.       Curriculum vitae
• d.      Academic certificates
• e.      Letter of recommendation from a registered and practicing Estate Agent. A sample is available on the EARB website.
• f.        Certificate of Good conduct applied through ecitizen.

3. Pay the application fees

Pay the registration fee: The registration fee is Ksh 1,000, payable through a bank deposit or a banker’s cheque.

 To pay the Estate Agents Registration Board application fees,

• 1.      Go to MPESA menu.
• 2.      Go to Lipa na M-PESA options.
• 3.      Select Pay Bill option.
• 4.      Enter Business No. 522522
• 5.      Enter Account No. 1104163829
• 6.      Enter Amount. Kes. 1,000
• 7.      Enter Your PIN number
• 8.      Append the transaction code (e.g OKF4W7KG9KJ9) to the application form field required.

You may also pay the application and other fees through KCB Account number 1104163829.

4. Attend interview

Once you submit the application documents, the board will vet your application and after a period you will receive a call to pick up a letter to inviting you to attend an interview with the Estate Agents Registration Board. You will then need to pay an interview fee of Kshs. 3,000.00.

https://www.premieragent.co.ke/blog/7-steps-to-start-and-succeed-in-real-estate-in-kenya-in-2022/199

The interview usually seeks to get your understanding of the real estate profession including the regulations that apply. Key regulations include the real estate agents act Cap 533, the land Act  of 2012, Rent Restriction Act, The Landlord and Tenants Act and The 2010 Constitution.

5. Pay registration fees

If you pass the interview, you then register as a real estate agent. This will cost you an additional Ksh. 10,000. In case you do not pass the interview, you can re-apply and have another interview until you pass.

Click here to find more on Letters of Authorization to sell in Real Estate: Importance to an agent and Example

To increase the chances of passing the interview, the EARB conducts a pre-registration conference for interested applicants. This conference has been costing Ksh. 6,000. This conference is optional and you do not need to attend. It just helps to increase your chances of success in the interview.

Once you pass the interview, EARB holds an additional induction conference for all successful agents. This conference usually costs Ksh. 3,000 and attendance is optional. This conference allows you to interact with the board members, other agents and also learn more about the conduct of the real estate profession.

As a registered real estate agent, you will be subject to an annual license from the board. This license costs Ksh. 7,000. An annual but optional Trade license is issued by the board at  Ksh. 5,000. It would thus cost you Ksh 12,500 to operate as a licensed real estate agent in Kenya.

Letter of Authorization to source real estate

Depending on your county, you may pay county licenses as well.

Every year, you will also need to take indemnity insurance to guarantee that compensation shall be payable to persons suffering monetary or other property loss through your dishonest or professional misconduct. The minimum amount set in law is an insured amount of two hundred thousand shillings. The annual minimum premium ranges at Ksh 15,000 for this insurance.

So very year, you will need to renew your insurance, pay for your county trade license and the EARB license.

Real Estate Agents commissions in Kenya: Understanding what Commission to Charge

Why real estate agents should not pay single Business Permit to County governments

Please note the above fees may change from time to time but apply as at the date this article was written. To obtain up to date instructions, please contact us on 0726982982

To download the Estate Agents Act, Click here

One of the most thriving businesses in Kenya is the buying and selling of property. Once a buyer and seller agree on the property price, then the seller or transferor of the property needs to bear in mind that they have an obligation to pay Capital gains tax.  President Uhuru Kenyatta assented to the Finance Act, 2014 effectively reintroducing capital gains tax through an amendment to the Eighth Schedule of the Income Tax Act (ITA) to to reduce budget deficits and raise funds for infrastructure and development projects. The move was aligning tax laws within the East African Community, since Kenya was the only state that did not levy taxes on capital gains. Kenya’s levy is at the bottom with Tanzania and Uganda charging being between 10% to 30%.

What is Capital Gains Tax?

Capital Gains Tax (CGT) is tax that is levied on transfer of property situated in Kenya acquired on or before January 2015.  The rate of tax is 15% of the gain and is paid by the seller or the transferor of the property. It is a final tax and therefore not subjected to further taxation after payment.

 
Capital Gains Tax is separated into three types.

CGT 1 for land and buildings

CGT 2 for shares and

CGT 3 for exemptions.

Property may be transferred from one party to another through different ways such as gifting, inheritance, selling e.tc. It is important to note that not all cases of transfer of property attract payment of Capital Gains Tax.

When computing Capital Gains Tax, three terms are used.

Net transfer value – The transfer value less incidental expenses to the transfer.

Adjusted cost of the property – The cost of acquisition, expenditure for enhancement of preservation of the property; cost of defending title over property and incidental costs of acquiring property.

Capital Gain or Loss- Net transfer value less the adjusted cost of the property.

When these details are captured in system during the payment process, then the amount payable will be 5% of the gain made.

Exemptions on Capital Gains Tax.

The following transactions are exempt from Capital Gains Tax  because they are deemed to be non-profit transactions.

•          Charging property as security for a loan
•          Property (including investment shares) transmitted under inheritance.
•          Transfer of a deceased’s property to the personal representative;
•          Vesting of a company’s property in the liquidator by an order of the court during winding up.
•         Vesting of property in the Official Receiver or Trustee in Bankruptcy.
•          Transfer of property to a beneficiary by a trustee subject to a trust.
•          Sale of a decease’s property to administer the estate of the deceased provided the sale is completed within two (2) years of the death of the deceased.

How do I pay for Capital Gains Tax?

Capital Gains Tax is due on or before transfer of property but not later than the 20th day after the transfer. Payment is initiated online by logging into iTax where you generate a payment slip. You can then make payment by cheque or RTGS at any KRA appointed bank. The payment slip expires within 30 days, so you need to make payment within this period.

Conclusion:

As a real estate agent in Kenya or a purchaser, please consult a tax or legal expert to guide you so that you do not incur any penalties for unpaid tax. As a buyer, please take into consideration the tax implications as you determine the budget available for property purchase.

For more details, give us a call on 0726982982.