The 12 Documents Every Kenyan Homebuyer Should Demand Before Paying a Booking Fee

Nairobi, Kenya — 2026

In Kenya’s fast-moving property market—particularly across Nairobi’s premium corridors—the most expensive mistake buyers make today is not choosing the wrong home. It is paying too early, on trust, without verified documentation.

As off-plan developments and phased projects become more common, booking fees—often positioned as a small first step—have quietly become the point of highest risk. Once paid, leverage shifts away from the buyer unless the transaction is anchored in clear, enforceable paperwork.

This guide sets out a practical buyer-protection framework, grounded in Kenya’s regulatory environment, to help individuals, families, and diaspora investors make informed decisions before committing any funds.

Using developments such as 37BYINEZA (behind Runda, along Kwaheri Road off Kiambu Road) as a real-market reference—not endorsement—this is what every serious buyer should verify first.

Why Documentation Now Defines a “Smart Buyer”

Nairobi’s development landscape is evolving rapidly. Rising land values, aggressive sales cycles, and early-stage marketing have created a market where:

• Buyers are pushed to commit faster

• Payment timelines begin earlier in the project lifecycle

• Marketing materials often precede full project completion

In this environment, documentation is not paperwork.

It is protection.

The 12 Documents to Request—And What They Actually Prove

1. Official Land Search (ArdhiSasa)

Confirms the registered owner and reveals any encumbrances such as loans, cautions, or restrictions on the land.

2. Title Deed Copy + Owner Identification

Ensures the seller matches the registered owner or has legal authority to transact.

3. Rates Clearance (County)

Indicates whether unpaid county rates could delay approvals or transfer of ownership.

4. Land Rent Clearance (Where Applicable)

Confirms there are no outstanding obligations to the national government affecting the title.

5. Approved Building Plans / County Permits

Verifies the project has passed through official planning and development approvals.

6. Environmental Approval (EIA Licence)

Where applicable, confirms compliance with environmental regulations under NEMA.

7. Sale Agreement or Offer Letter

Defines the legal terms—price, timelines, obligations, penalties, and dispute resolution mechanisms.

8. Detailed Specification Sheet

Clarifies exactly what is included in the purchase versus optional upgrades.

9. Payment Structure + Booking Fee Terms

Outlines how payments are handled, including refund conditions and official receipting.

10. Defects Liability Terms

Specifies post-handover responsibilities—what is covered, timelines, and reporting process.

11. Contractor Verification (NCA Registration)

Confirms the builder is registered and licensed under the National Construction Authority.

12. Professional Team Verification (Architects & QS)

Ensures architects and quantity surveyors are registered and in good standing under BORAQS.

Two Additional Safeguards Most Buyers Overlook

Verify the Estate Agent

Only agents licensed by the Estate Agents Registration Board should facilitate transactions.

Verify Your Lawyer

Confirm your advocate’s practising status through the Law Society of Kenya before engaging them.

Case Context: Reading Developments Like 37BYINEZA

Projects such as 37BYINEZA—positioned within a low-density pocket near Runda, offering 5-bedroom all en-suite homes (approx. 353 sqm) with phased pricing starting from KSh 69.5M—reflect a broader shift in Nairobi’s premium segment.

Buyers are being engaged earlier, often before full project delivery, with structured pricing phases designed to reward early commitment.

But speed should not replace scrutiny.

The key question is not:

“How quickly can I secure a unit?”

It is:

“What verifiable evidence confirms this project is legally, structurally, and financially sound?”

What Buyers Should Do Before Paying Any Booking Fee

• Conduct an independent land search

• Match all approvals to the exact parcel and development scope

• Verify contractor and consultant registrations

• Ensure every payment is receipted and contractually governed

The Bigger Shift

Nairobi’s real estate market is maturing.

The advantage is no longer with the fastest buyer.

It is with the most informed one.

In a landscape where trust is often marketed—but not always documented—

paperwork is the real protection.