GAZETTE NOTICE NO. 3660

PURSUANT to section 8 of the Statutory Instruments Act, 2013, the Cabinet Secretary for Lands and Physical Planning notifies the general public that a Regulatory Impact Statement on the proposed Sectional Properties Regulations, 2021 to effect the implementation of the Sectional Properties Act, 2020 has been prepared to assess the impact of the regulations on the community and businesses. The main objective of the proposed regulations is to facilitate the implementation of the Sectional Properties Act, 2020 which provides for division of buildings into units to be owned by individual proprietors and common property to be owned by the proprietors of the units as tenants in common. The Act also provides for the use and management of the units and common property and other connected purposes. Given that the main objective of the Act is to give ownership of units in an apartment and high-rise buildings or even units developed in a horizontal setting albeit on one parcel of land, it is necessary to make regulations that facilitate this model of ownership and living within the framework provided by the Act. Power to make regulations is provided under section 59 of the Act. The following is a summary of what the regulations seek to provide for: (a) Procedure for making application for registration of a Sectional Plan and a corporation. (b) The procedure for registration of sectional plans and consequent keeping of a Sectional Plans Register where all Sectional Plans will be registered. (c) The procedure for registration of a Corporation and the corresponding keeping of a corporation register. (d) Procedure for opening unit registers both for freehold and leasehold parcels based on the Registered Sectional Plan and subsequent procedure of issuing certificates of title and certificates of lease respectively. (e) Procedure for preparation of Sectional Plans and the provision of standard forms to guide the process. (f) Procedure for converting long-term leases in respect of properties or units not properly georeferenced. (g) Prescribe fees payable under the Act. This is therefore to request all persons likely to be affected by the proposed regulations to submit written memoranda on the proposed regulations to reach the undersigned within fourteen (14) days from the date of publication of this notice. The draft Regulatory Impact Statement and the proposed regulations are available on the Ministry's website: https://lands.go.ke. The proposed regulations and the Regulatory Impact Statement are also available on request through the Ministry's email address at spregulations@gmail.com during normal working hours. Due to the prevailing global health concerns, the Ministry also welcomes any stakeholder who would prefer virtual interaction on the subject matter to notify the Ministry through the email address given below in order for the Ministry to prepare for such meetings. The virtual meetings will be scheduled as public fora and will take place between Tuesday 27th April and Thursday 6th May, 2021 starting from 10.00 a.m. to 4.00 p.m. to discuss the proposed Regulations and the Regulatory Impact Statement and comments received. Please send your written comments to: The Principal Secretary State Department of Lands Ministry of Lands and Physical Planning Ardhi House, 1' Ngong Avenue P. 0. Box 30450-00100 Nairobi OR Email to: spregulations@gmail.com Dated the 21st April, 2021. FARIDA KARONEY, Cabinet Secretary for Lands and Physical Planning.