We provide end-to-end legal support for construction and infrastructure developments, supporting clients to navigate the legal complexities that arise at every stage of a project. We work with developers, investors, contractors, consultants, and public agencies to structure transactions, mitigate risks, and ensure compliance with construction and land-use laws.
Our team brings considerable experience in drafting and negotiating project documentation, including joint venture agreements, sale and purchase agreements (SPAs), leasehold instruments, and construction contracts. We also advise on legal frameworks surrounding land conversion, sectional titles, zoning, and change-of-user approvals, ensuring that developments are both compliant and commercially viable.
As sustainability and investment structures evolve, we are also at the forefront of advising on green building compliance, environmental, social, and governance (ESG) obligations, and the establishment and governance of real estate investment trusts (REITs). Whether your project is residential, commercial, industrial, or public-sector driven, we provide strategic legal insight that ensures developments are legally sound, commercially viable, and aligned with modern sustainability standards.
Key Capabilities
Legal structuring of real estate projects
Our team advises developers, investors, and institutions on the legal structuring of real estate projects from concept to completion. We help clients navigate the legal, regulatory, and commercial considerations that shape how projects are acquired, financed, developed, and delivered. Our goal is to ensure each project is built on a foundation of legal certainty and strategic foresight.
We guide clients in selecting and establishing appropriate ownership vehicles, including joint ventures, landholding companies, real estate investment trusts (REITs), and co-development partnerships. Our team structures contractual relationships among developers, contractors, financiers, and stakeholders to align interests and manage risk across the project lifecycle. Whether planning a mixed-use development, residential estate, commercial tower, or community housing scheme, we ensure full compliance with land use regulations, titling laws, and project finance requirements. With notable experience in real estate law, construction, and capital markets, we build legal frameworks that enable projects to succeed legally, financially, and socially.
We provide legal frameworks that support sustainable, bankable, and compliant property development.
Project Documentation (JVs, SPAs, Leasehold)
The firm provides comprehensive legal support in drafting, reviewing, and negotiating the core documents that underpin real estate and infrastructure transactions. From joint venture agreements to sale and lease documents, our focus is to ensure clarity, enforceability, and commercial alignment in every contract.
We regularly advise on joint venture (JV) structures between landowners, developers, and investors, helping to allocate rights, responsibilities, profits, and exit options transparently. Our team also drafts and negotiates sale and purchase agreements (SPAs) that govern land acquisitions and property transfers, ensuring thorough due diligence and compliance with regulatory conditions.
In addition, we handle leasehold structuring and documentation for both commercial and residential developments, with careful attention to tenure, rent reviews, options, and termination clauses. Whether it is structuring a co-development deal or formalising a property transfer, we ensure that every project is backed by legally robust documentation that supports long-term success.
We deliver expertly crafted legal agreements that define, protect, and empower real estate and infrastructure projects.
Sectional titles and land conversion
We advise developers, landowners, and institutional clients on the legal processes and documentation required to segment, convert, and formalise property ownership. We help clients navigate the transition from traditional land tenure systems to modern, market-ready ownership structures under the Sectional Properties Act (Chapter 286, Laws of Kenya) and related regulations.
Further, we provide legal support for preparing and registering sectional plans, creating management companies, and drafting by-laws for multi-unit developments such as apartments, office parks, and mixed-use complexes. Our team ensures full compliance with titling, planning, and registration requirements, enabling developers to sell or lease individual units with clean, registrable titles.
For land conversion matters, we guide clients through the legal process of changing land from customary or leasehold to freehold tenure or converting public to private land use. We also handle subdivision applications, amalgamations, and change-of-user approvals. With deep insight into Kenya’s evolving land law framework, we help unlock land value while safeguarding legal integrity and development rights.
We provide legal guidance for sectional developments, title segmentation, and land conversion processes.
Change of User and Subdivision Processes
The team provides legal support for landowners, developers, and investors seeking to rezone or restructure land for development, sale, or financing purposes. Whether changing land use from agricultural to residential, or subdividing a large parcel into saleable plots, we help clients navigate the multi-step regulatory and legal processes with confidence.
We advise on applications for change of user, ensuring alignment with county spatial plans, zoning regulations, and physical planning laws. Our services include preparing the required documentation, coordinating with surveyors and architects, managing public participation, and following through with county government approvals and gazettement.
For subdivisions and amalgamations, we support clients in obtaining consent from relevant authorities such as the Ministry of Lands, county governments, and Land Control Boards (where applicable). We also provide transactional support to formalise new titles, easements, and access rights. With extensive knowledge of Kenya’s planning and land administration systems, we help unlock land potential while ensuring full legal and regulatory compliance.
We guide clients through planning approvals, zoning compliance, and land restructuring processes with legal precision.
Environmental, Social and Governance (ESG) Compliance and Green Buildings
The firm advises developers, investors, corporates, and institutions on integrating environmental, social, and governance (ESG) principles into their real estate and infrastructure projects. As sustainability becomes a legal and commercial imperative, we help clients meet regulatory requirements, international standards, and market expectations tied to environmental and social performance.
Further, we provide legal support for incorporating green building practices, including energy-efficient design, water conservation, waste management, and the use of sustainable materials. Our team advises on regulatory compliance with Kenya’s environmental and planning laws, Leadership in Energy and Environmental Design (LEED) and Excellence in Design for Greater Efficiencies (EDGE) certification processes, as well as ESG reporting frameworks required by lenders, regulators, and stakeholders.
In addition, we guide clients on governance issues such as stakeholder engagement, anti-corruption measures, land rights, and ethical procurement. Whether pursuing certification, securing sustainable finance, or reducing climate-related risk, our role is to ensure that ESG commitments are backed by enforceable legal frameworks that create long-term value and resilience.
We support clients in meeting environmental, social, and governance (ESG) obligations through legally sound, future-ready development strategies.
Real Estate Investment Trusts (REITs)
Our team advises sponsors, trustees, fund managers, and institutional investors on the establishment and operation of real estate investment trusts (REITs) under Kenya’s capital markets framework. We support clients in creating compliant and efficient investment structures that unlock the value of real estate portfolios while offering liquidity, transparency, and long-term growth.
In addition to regulatory compliance, we guide clients on asset acquisition, corporate governance, reporting obligations, and risk management frameworks for REIT operations. Our deep understanding of both real estate and capital markets law positions us to help clients create REITs that are legally compliant, investor-friendly, and aligned with Kenya’s evolving investment landscape.
We provide legal guidance for the formation, regulation, and governance of REITs in Kenya’s capital markets.
Key Contacts
Partner, Head of Real Estate & Construction
E: ckamau-kimoita@ashitivaadvocates.com
