Land Sourcing & Sealing All Those Loose Ends – H&S Real Estate
The Journey To Home Ownership Part 1
LAND SOURCING & SEALING ALL THOSE LOOSE ENDS- Written by Nelson Mungai Kihara
By the bedside with your better half, life flashes past you when the kids storm in and you cannot help but think about those endless conversations you have been having about securing their future. Rent always has and always will be a huge portion of your expenditure. You desperately need a home. Come on! The comfort and all it comes with.
Nevertheless, he who dares not grasp the thorn should never crave the rose.
To start with:-
- You do not know how to start the home ownership journey?
- You want to build your home from scratch to enjoy customizing it to your own specifications, tastes and preferences and have some savings to boot…
I would like to speak to you.
This discourse on land ownership and in the end home ownership, has been a major milestone for all young families, where do you get land that is well within your budget and convenient as well?
The journey to land ownership is not as complex as it sounds and though often barred by corrupt and inept dealers, you can always avoid such by following due process and engaging registered land valuers and agents in your journey to owning land.
You will, however, need to keep these pointers close to you as you walk through the process:-
1. Physical Verification:
Ask to see the title deed or copy of title deed. Then do a search at the Ministry of Lands to confirm who the real owners are or if the title has any caveat on it. Have a physical visit as well.
2. Zoning Guidelines:
Zoning is an explicit and legal way of ordering land uses and is the basic tool of urban planning today; it allows local governments to regulate the uses and characteristics of buildings and land within its boundaries. Make sure you verify to know what zone the parcel falls within. This is critical in this new age when counties are developing new spatial plans. Every parcel falls within a zone set aside for different uses from agricultural, industrial, residential, commercial, high-density low density etc. While some of these uses may be changed through a “change of use” process (through a registered physical planner), others might be stuck within their select zoning guidelines and change of use might not suffice. Get this information from the relevant planning offices to make sure that you do not end up with a parcel set aside for a specific use that is not well within your intent.
3. Paid & Unpaid Land Rates:
Do a search with the local authorities to check off any unpaid land rates. If any, agree with the seller on who will settle the debt.
4. Size Verification:
Go to the ministry of Lands and buy two maps, one showing the exact measurements of the piece you are buying (called a mutation) and the other showing the neighbouring lands. With your two maps and a surveyor (you can even do it yourself), visit the land you are buying and verify the details on the map. Check out all the beacons.
5. Price Bargain:
Sit down with your seller and bargain the price. Write down an agreement. The agreement can be done through a lawyer. Request on having the dependents’ and spouses consent.
6. Land Control Board:
Book a meeting with the Lands Control Board (LCB). They meet once a month. However, there is a special LCB meeting, which you can book at an extra cost LCB will issue consent for the land to be sold.
7. Pay the remaining balance after getting consent from LCB:
With the consent from LCB, a recent search (not more than six months), clearance form from County land rates, your two maps, the agreement, KRA PIN, two passport size photos and copy of the title deed, go to the ministry of lands to change ownership.
8. Stamp Duty:
Pay stamp duty i.e. according to the value of the land. 4% of sale value; in municipalities 2%.
Ensure that you follow due process and use registered professionals for a stress-free ride to owning your parcel of land and home in the end.
ARCH. NELSON MUNGAI KIHARA
B. Arch (Hons) M.A.A.K. I Registered Arch. BORAQs
ABOUT THE AUTHOR:
He is a practising architect registered with the Board of Registered Architects & Quantity Surveyors Kenya (BORAQs) & a corporate member of Architectural Association of Kenya.