Real Estate & Leasing Support
Foreigners Corner
Legal Prowess
backed by
30 years of
experience
Real Estate & Leasing Support
Secure Property Transactions for Foreigners in Kenya
At BMA Advocates, we represent foreign individuals, diplomats, and companies in real estate transactions across Kenya. Whether you’re purchasing a residential property, leasing commercial space, or investing in development projects, we provide legal clarity, due diligence, and protection from fraud or non-compliance.
Our Services Include:
Due Diligence & Title Verification
Full property and land searches at registries to confirm title status, ownership, and encumbrances.
Drafting & Reviewing Sale Agreements and Leases
Ensuring contracts comply with Kenyan property law and protect your interests.
Property Purchase & Sale Transactions
Handling everything from negotiations to registration and title transfer.
Leasing for Residential or Commercial Use
Drafting or reviewing leases in compliance with tenancy law.
Drafting or reviewing leases in compliance with tenancy law.
Leasehold purchases, company ownership structures, and nominee arrangements.
Real Estate Investment Advisory
Legal guidance on real estate development, co-investment, and REIT participation.
Why Choose BMA Advocates?
- Deep experience in real estate law, conveyancing, and land disputes
- Protection against title fraud, double allocation, or illegal subdivisions
- Guidance tailored to the legal limitations on foreign land ownership in Kenya
- Full support from offer letters to title registration
Frequently Asked Questions (FAQs)
Real Estate & Leasing Support – BMA Advocates
Here are some of the most common questions asked by foreign nationals looking to acquire, lease, or invest in property within Kenya:
1. Can foreigners buy land in Kenya?
Foreigners cannot own freehold land in Kenya, but may legally acquire leasehold property for up to 99 years. We help structure compliant transactions.
2. Foreigners cannot own freehold land in Kenya, but may legally acquire leasehold property for up to 99 years. We help structure compliant transactions.
Freehold grants permanent ownership (not available to foreigners). Leasehold is time-bound and renewable — suitable for foreigners.
3. How do I verify that land or property has a valid title?
We conduct official searches at the Lands Registry and other bodies to confirm ownership, encumbrances, and title authenticity.
4. Can I buy property through a Kenyan company I own?
Yes. A foreign-owned company can acquire land and real estate. We assist with company setup and structuring.
5. What documents are required for a property purchase?
Title deed, sale agreement, KRA PIN, Land Rent and Rates clearance, and transfer documents. We manage document preparation and registration.
6. What taxes or fees are payable during property transactions?
Stamp duty (2–4%), legal fees, and registration charges. We provide a clear cost schedule before engagement.
7. How long does the property purchase process take?
Usually 30–90 days. We help avoid delays by ensuring all parties meet compliance and documentation requirements.
8. Can I lease a residential or commercial property as a foreigner?
Yes. We help draft and review lease agreements tailored to foreign occupancy rights and obligations.
9. Are there risks of title fraud in Kenya?
Yes. Risks include forged titles and multiple claims. Our due diligence process protects clients from these threats.
10. What is the legal process for transferring property ownership?
Negotiation, agreement signing, stamp duty payment, consent acquisition, and title registration. We handle it all.
11. Can I finance my property purchase through a local bank?
Yes. Many banks offer mortgages to foreigners. We help secure and review financing agreements.
12. Is it safe to buy property off-plan in Kenya?
Only with strong legal safeguards. We vet the developer, approvals, and contract structure.
13. Only with strong legal safeguards. We vet the developer, approvals, and contract structure.
No. We can act on your behalf via a notarized Power of Attorney.
14. What happens if there is a dispute after purchase or leasing?
We provide legal representation in property disputes, mediation, and recovery claims.
15. Why should I use a lawyer instead of a broker or agent?
Lawyers provide legal protection, conduct due diligence, and draft enforceable contracts. Agents facilitate introductions, but cannot guarantee legal compliance.
