The Off-Plan Buyer Checklist: 15 Things to Confirm Before Signing a Kenya Off-Plan Contract
Off-plan property differs from buying a completed, standing property. The asset does not yet exist. You are buying a promise to build. More pre-commitment checks are required, not fewer.
About the Developer
1. Is the developer company registered? BRS search at bizsearch.co.ke. Confirm the company exists, is active, and the named directors match who you are dealing with.
2. How long has the company been registered? A company registered last month has no track record. Be more cautious with new entities.
3. Has the developer completed any previous projects? Ask for names and locations of completed projects. Visit one. Speak with buyers independently.
About the Development Land
4. Is the development land titled in the developer company's name? Run an official search on the development land LR number. Confirmed by a Litmus standard verification.
5. Is the title clean and unencumbered? No undisclosed charges on the development land.
6. Is the land in the county and location claimed in the marketing? Confirm the LR number is registered in the county the developer claims. (Prevents the Willstone Homes pattern.)
About Regulatory Approvals
7. Does the developer have NCA registration? Confirm at nca.go.ke.
8. Has county building approval been obtained? Confirm directly with the county planning department. Get the approval reference number.
9. Is an EIA licence required, and has it been obtained? For larger developments or those near sensitive areas: confirm with NEMA.
About Your Specific Unit
10. Is your specific unit clearly identified in the sale agreement? Floor, block, unit number, size, and any specific configuration must be specified. Vague references to "a unit in Phase 1" are not acceptable.
11. Will you receive an individual registered title (sectional or otherwise)? Confirm the mechanism for individual title issuance on completion. What happens if the developer changes the project layout?
About Your Money
12. Where does your deposit go? Confirm whether it goes into a developer operating account (highest risk), a client account held by an advocate as stakeholder (safer), or a genuine escrow arrangement (safest).
13. What happens to your money if the developer goes insolvent? Read the agreement. If the answer is "you become an unsecured creditor," understand what that means.
About the Agreement
14. Is the completion date specific and enforceable? A date is more useful than "on completion." What penalty does the developer pay for missing the date?
15. What is the refund provision? Under what conditions are you entitled to your money back? How quickly? Is there an interest payment for late refunds?
After Signing
If all 15 are confirmed and satisfactory, and you proceed:
Activate monitoring on the development land's title (KSh 5,200/month). If the developer's title situation changes during construction, you want to know immediately.
Litmus full field verification for development land: KSh 25,500. Confirms items 4, 5, 6 and includes gazette search and physical site visit.
This article is for general information only. It does not constitute legal advice. Have a qualified Kenya advocate review any off-plan sale agreement before signing.
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