Part of our Complete Guide to Buying Property in Kenya and our First-Time Home Buyer series. See also our guides on how to check if a property title deed is genuine and common mistakes first-time property buyers make.
Most property buyers in Kenya spend more time researching a television purchase than they do interrogating the details of a home they are about to commit millions of shillings to. The questions you ask before signing anything and before paying any deposit are what separate a safe purchase from a regrettable one.
This guide covers the essential questions to ask the seller, the agent, the developer if buying off-plan, and yourself before any property transaction in Kenya moves forward. The answers you receive, and crucially the answers you do not receive, will tell you a great deal about whether the deal you are looking at is sound.
Questions to Ask About the Title and Ownership
These are non-negotiable. No matter how appealing the property looks or how trustworthy the seller seems, these questions must be asked and answered with documentation, not words.
Who is the registered owner of this property? The person selling to you is not always the registered owner. They may be an agent, a relative, or someone claiming power of attorney. You need to know exactly who holds the title and see proof of it. Your lawyer will then verify this through an official search at the Lands Registry. Our detailed guide on how to check if a property title deed is genuine walks through this verification process fully.
Is the title freehold or leasehold, and if leasehold, how many years remain? This question matters enormously for long-term value and mortgage accessibility. A leasehold property with fewer than 50 years remaining has very different financing options and resale prospects than one with 90 years remaining. Our articles on understanding leasehold versus freehold land in Kenya and freehold, leasehold, and sectional property in Kenya explain what each tenure type means for your ownership rights.
Are there any charges, cautions, or encumbrances on the title? A property can have an outstanding mortgage registered against it, a court order, a caution filed by a third party, or a restriction limiting what can be done with it. Ask this question directly and then verify the answer independently through the Lands Registry search. Do not take the seller’s word alone on this.
Are land rent and land rates paid up to date? Outstanding government dues on a property become the buyer’s responsibility upon transfer. Before you complete the purchase, confirm that both land rent owed to the national government and land rates owed to the county government are fully settled. Ask for clearance certificates as proof.
Has the property ever been subject to any legal dispute? Boundary disputes, inheritance conflicts, and co-ownership disagreements can resurface even after a sale is completed. Ask the seller directly and have your lawyer search for any court proceedings involving the property or the parcel number.
Questions to Ask About the Property Itself
Beyond the legal standing of the title, you need to understand the physical condition and history of the property before you commit.
How old is the building and who built it? In Nairobi, the quality of construction varies enormously between developers and between periods. A building from a reputable developer completed five years ago is a very different proposition from one built by an unknown contractor fifteen years ago with no records of the materials used or standards followed. If possible, find out whether the building was put up under a formal contract with a qualified engineer and architect.
What is the water supply situation? Water access is one of the most practical quality-of-life issues for any property in Nairobi. Does the building rely on Nairobi City Water and Sewerage Company supply, a borehole, a water bowser, or a combination? How reliable is the supply historically? Is there a rooftop or ground storage tank and what is its capacity? These questions matter more in daily life than almost any cosmetic feature of the unit.
How is electricity supplied and what is the backup arrangement? Kenya Power connectivity is standard in most Nairobi properties, but load shedding and outages do occur. Does the building have a generator for common areas? If buying in a gated community, is there a generator that covers individual units? What are the costs associated with generator usage?
What is the condition of the roof, plumbing, and electrical systems? These are the expensive things to fix once you own the property. In an apartment setting, some of these are managed by the management company, but you still want to know their current state. Persistent roof leaks, old galvanised piping, or outdated electrical systems can mean significant repair bills shortly after purchase.
Has the property experienced any flooding, structural cracking, or subsidence? Nairobi’s rainy seasons expose structural and drainage weaknesses in many properties. Ask neighbours, not just the seller, whether the building or the compound has flooded in past years. Look at the surrounding terrain during your visit and assess whether the drainage appears adequate.
Questions to Ask About the Transaction
Understanding the mechanics of how the sale will unfold protects you from being caught off guard by processes you did not anticipate.
What is the proposed timeline from signing to completion? A realistic timeline for a straightforward cash purchase in Kenya is 60 to 90 days. Mortgage transactions take longer. Off-plan purchases operate on the developer’s construction schedule. Knowing the expected timeline upfront allows you to plan your finances, your moving arrangements, and your mortgage processing if applicable.
What deposit is required and under what conditions is it refundable? The deposit you pay upon signing the sale agreement is typically 10 percent of the purchase price. The conditions under which this deposit is forfeited or returned if the transaction does not complete should be clearly spelled out in the sale agreement. Never pay a deposit without a signed agreement that addresses this explicitly.
Who pays what costs in this transaction? There is no universal rule in Kenya about who pays legal fees, agent commissions, or transfer costs. These are negotiable and should be agreed upon and documented before signing. Misunderstandings about cost responsibility are a common source of conflict at the completion stage.
Is the seller’s lawyer also acting for the buyer? As covered in our article on common mistakes first-time buyers make, using the seller’s lawyer creates a conflict of interest. The answer to this question should always prompt you to appoint your own independent advocate regardless of what anyone tells you about it being unnecessary or duplicating costs.
Questions to Ask If Buying Off-Plan
Off-plan purchases carry a distinct set of risks that require specific questions beyond the standard property transaction checklist.
What is the developer’s track record? Ask for completed projects you can physically visit. Speak to residents who bought from the developer previously. Check whether previous projects were delivered on time and to the quality advertised. A developer with a strong track record of delivery is meaningfully different from one offering their first project.
Is the land title registered in the developer’s name? Some developers sell apartments on land they do not yet own outright or that has not been fully transferred to them. Request to see the title deed for the land and verify it through the Lands Registry. Our guide on off-plan property risks in Kenya goes deeper into what to look for.
What planning approvals are in place? The development should have an approved building plan from the relevant county government, in Nairobi this is the Nairobi City County, and the necessary approvals from the National Construction Authority. Ask to see these documents and have your lawyer verify them. Buildings put up without proper approvals can face demolition orders, as Kenya has seen in several publicised cases in recent years.
What happens if the project is delayed? Ask the developer directly and read the purchase agreement carefully for penalty clauses, completion guarantees, and what recourse you have if the handover date is missed. Projects delayed beyond initial estimates are not uncommon, and buyers who did not ask this question upfront often find the contract gives them very little protection.
Where will my payments be held during construction? Ideally, buyer funds should be held in an escrow or stakeholder account rather than going directly into the developer’s operating account. This provides some protection if the developer faces financial difficulties mid-construction.
Questions to Ask About the Neighbourhood
The unit is what you buy. The neighbourhood is where you live. These questions affect your daily quality of life and the long-term value of your investment.
What is the security situation in this area? Ask long-term residents, not just the selling agent. Understand whether there is a neighbourhood security arrangement, how well-lit the roads are at night, and what the history of incidents in the area has been.
What are the traffic patterns on access roads? A property that looks conveniently located on a map can involve a genuinely punishing commute during peak hours. Visit the area during morning and evening rush hours before you decide. This is particularly relevant in Nairobi where infrastructure bottlenecks on roads like Ngong Road, Waiyaki Way, and Mombasa Road affect entire neighbourhoods’ liveability.
What development is planned for the surrounding area? A quiet residential street today can become a busy commercial corridor if the area is zoned for mixed use. Check with the county planning office or ask your lawyer to verify zoning for the surrounding parcels. Understanding how location shapes property value is something our guides on Kilimani versus Kileleshwa and Lavington neighbourhood guide cover in useful detail.
What are the service charge and management fee arrangements for the building? If buying an apartment, find out what the monthly service charge covers, what it currently costs, and whether there are any outstanding arrears owed by the building’s management. Service charges fund maintenance, security, lifts, landscaping, and other shared costs. High or poorly managed charges affect both your running costs and the building’s condition over time.
Questions to Ask Yourself
Beyond what you ask others, there are honest questions you need to put to yourself before proceeding with any property purchase.
Can I genuinely afford this without over-stretching? Our guide on how to budget for your first apartment purchase and our overview of how much money you need to buy a house in Nairobi give you the framework to answer this honestly.
Am I buying this property for the right reasons, or am I being driven by FOMO, social pressure, or the seller’s urgency? Urgency created by a seller or agent is almost always a tactic. Genuine, well-priced properties in good locations do get multiple offers, but manufactured urgency is far more common than real competition. If you feel rushed, slow down deliberately.
Do I have the full support of qualified professionals, a lawyer, and if needed a surveyor and financial advisor, to complete this transaction safely? The cost of professional guidance is small relative to the value of the transaction and the potential cost of getting it wrong.
The Complete Guide to Buying Property in Kenya remains your comprehensive reference as you move through each stage of the process. Asking the right questions before you commit is not a sign of inexperience. It is the mark of a buyer who understands what is at stake.
Join The Discussion