Consent to Transfer Land in Kenya.
What Is a Consent to Transfer Land in Kenya?
Consent to transfer land in Kenya is legal permission given by the government or local authorities to allow the transfer and ownership of land from one party to another.
It is mandatory under the Land Control Act Cap 302, which requires all transactions to be approved by the relevant control board before they can be registered.
The consent process is initiated by the buyer or seller by applying to the local land control board, providing relevant documents such as title deeds, and paying the applicable fee. Once approved, consent is issued to the parties to enable them to proceed with the transfer process.
Failure to obtain consent renders the transaction null and void, and the transfer cannot be registered.
Consent is required to ensure that land is transferred legally with no disputes arising later on. It also ensures that the government is aware of all land transactions and can keep track of land ownership.
In Kenya, the process of transferring land ownership requires a consent form to be filled out and signed by the parties involved in the transfer.
The consent form is then submitted to the county commissioner of lands, along with a fee of Ksh 1,000. The process of obtaining the consent form and submitting it can take up to 9 days.
In addition, stamp duty must be paid on the property transfer. The stamp duty is a percentage of the property value, and the rate differs depending on whether the property is located in an urban or rural area.
For urban lands, the stamp duty is 4% of the property value, while for rural lands it is 2%.
Once the property transfer has been approved and the stamp duty paid, the new owner must obtain a new title deed certificate.
This involves a process of updating the land registry to reflect the new ownership. To obtain the new title deed certificate, a fee of Ksh. 5,000 is charged by the government.
It is important to note that these fees and charges may change over time, and property owners should always confirm the current rates before initiating any property transfers.
To apply for a land title deed transfer in Kenya, a lawyer must make a written application after payment and issuance of both the land rent certificate and the land rate certificate.
The process of transferring land ownership in Kenya can be complex and time-consuming, but it is important to follow the proper procedures to ensure a legal and valid transfer of ownership