SECTOR
Real Estate & Construction
OLM Law advises on real estate acquisitions, development, construction contracts, property finance and disputes in Kenya.
DISCUSS YOUR MATTER →Sector-focused legal advice for real estate developers, investors and construction companies.
Real estate and construction lawyers for developers, landowners, contractors, REITs and investors across commercial, residential and mixed-use projects in Nairobi, Mombasa and the Coast. We handle the full cycle — title due diligence, conveyancing, joint-venture and development agreements, construction contracts (FIDIC), development financing, and land and construction disputes before the Environment and Land Court.
Relevant expertise: Real Estate & Property; Banking & Finance; Corporate & Commercial; Projects & PPP; Dispute Resolution & ADR
How we help. We support developers, landowners, contractors, REIT sponsors, lenders and investors across the project lifecycle: title due diligence and assembly, conveyancing, joint-venture and development agreements, construction contracts on FIDIC and bespoke forms, development and acquisition financing, sectional-titles work, and the resolution of land and construction disputes in the Environment and Land Court. We act on residential, commercial, retail, industrial and mixed-use schemes in Nairobi, Mombasa and the Coast.
Why OLM for real estate and construction. Kenyan property deals live or die on clean title and bankable security. Our diligence is thorough, our conveyancing is prompt, and because our real estate and finance teams work in step, the acquisition and the funding close together rather than in sequence — keeping developments on programme.
Frequently Asked Questions
What due diligence should I do before buying land in Kenya? A full title search at the relevant land registry, physical and survey verification, a search for caveats and encumbrances, confirmation of planning permissions and land-use restrictions, and environmental compliance checks. We conduct comprehensive due diligence before any money changes hands.
How are construction contracts structured in Kenya? Most significant construction projects in Kenya use FIDIC-based forms (Red, Yellow or Silver Book) or NEC contracts, adapted for Kenyan law. We draft, review and negotiate construction contracts, and advise on claims and disputes that arise during construction.
What is a REIT and how can I invest in one in Kenya? A Real Estate Investment Trust pools capital to invest in income-generating properties. Kenyan REITs are regulated by the CMA. We advise on REIT structuring, licensing and investor documentation.
{
“@context”: “https://schema.org”,
“@type”: “Service”,
“serviceType”: “Legal Services for Real Estate & Construction Sector”,
“provider”: {
“@type”: “LegalService”,
“name”: “OLM Law Advocates LLP”,
“url”: “https://olmllp.com”
},
“areaServed”: “Kenya”,
“description”: “Land acquisition, title due diligence, development agreements, construction contracts, property financing and leasing for developers, contractors, investors and property funds.”,
“url”: “https://olmllp.com/sectors/real-estate-construction”
}
{
“@context”: “https://schema.org”,
“@type”: “FAQPage”,
“mainEntity”: [
{
“@type”: “Question”,
“name”: “What are the main legal risks in property development in Kenya?”,
“acceptedAnswer”: {
“@type”: “Answer”,
“text”: “Key risks include defective title, unperfected security interests, environmental non-compliance, contractor insolvency and planning permission issues. Thorough due diligence on title, encumbrances and regulatory approvals before commitment is essential.”
}
},
{
“@type”: “Question”,
“name”: “How are construction disputes resolved in Kenya?”,
“acceptedAnswer”: {
“@type”: “Answer”,
“text”: “Construction disputes are commonly resolved through adjudication under FIDIC contracts, arbitration (often under NCIA or ICC rules) or litigation in the High Court. Kenya has an active construction adjudication practice and the courts are experienced in construction claims.”
}
}
]
}
Real Estate & Construction Law in Kenya
Kenya’s real estate sector is one of the fastest-growing in sub-Saharan Africa — driven by urbanisation, infrastructure investment, a rising middle class and growing institutional interest in commercial and industrial property. OLM Law advises developers, investors, financiers, contractors and public entities on the full spectrum of real-estate and construction transactions and disputes.
The regulatory landscape
Real estate in Kenya is governed by the Land Act, the Land Registration Act and the Community Land Act, administered by the Ministry of Lands and Physical Planning and county land boards. Development requires planning approval from county governments under the Physical and Land Use Planning Act, with environmental requirements administered by NEMA. Construction contracts are typically structured under the standard FIDIC, JCT or NEC forms, adapted for Kenya’s legal framework. We help clients from acquisition through construction to sale or letting.
How we help
- Acquisitions and disposals — freehold and leasehold transactions, title investigations, due diligence and conveyancing.
- Development and construction — project-documentation suites, FIDIC and bespoke construction contracts, procurement advice and contractor negotiations.
- Real-estate finance — mortgage documentation, security packages, project-finance facilities and REIT structuring.
- Leasing — commercial, retail, industrial and residential lease negotiations for landlords and tenants.
- Disputes — construction-contract claims, landlord-tenant disputes, compulsory acquisition challenges and property-related arbitration.
Relevant expertise
We draw on our Banking & Finance, Corporate & Commercial, Environmental and Dispute Resolution teams for real-estate clients — linking to each of those practice-area pages.
To acquire, develop or finance real estate in Kenya, contact OLM Law.
