Malawians who want to own a flat, office, or shop in a shared building are still unable to obtain an individual title, nearly two years after Parliament passed the Sectional Titles Act. The Act, which came into force on January 13, 2025, allows individuals and companies to own separate units in a building while sharing ownership of common areas. Before the law, developers could only sell an entire building to one buyer because Malawi did not have a legal framework for registering ownership of individual units in multi-storey properties.
The Ministry of Lands, Housing and Urban Development spokesperson, Fostino Kamanga, said the outstanding gazetting of the Sectional Titles Regulations is the main step remaining before the law can be fully implemented. According to Kamanga, the ministry had prepared a zero-draft of the regulations, which will be submitted to the Ministry of Justice after stakeholders complete final validation. The ministry expects the process to be completed by the end of 2026.
The delay means prospective buyers cannot yet secure individual titles under the new framework, which allows separate ownership of units in a building while providing for shared ownership and management of common areas. Before the law, Malawi lacked a framework for registering individual units in multi-storey properties, limiting the ability to sell or transfer separate flats, offices, and shops with independent titles.
When Parliament was considering the Bill, then deputy minister of Lands Deus Gumba said the law would allow multiple people to hold titles within the same building, improving land use as the population grows. He also said the framework would address difficulties in transferring buildings to multiple heirs, who could otherwise be forced to sell the property and divide the proceeds.
Real estate consultant Prince Matchika has argued that addressing Malawi's housing shortage requires expanding affordable housing and fully implementing the Sectional Titles Act to maximise the use of urban land. Matchika's comments highlight the need for the implementation of the Act to address the country's housing challenges.
The Ministry of Lands, Housing and Urban Development has set ambitious targets for sectional-title registration under its 2026-2031 Strategic Plan. The plan targets the registration and issuance of 3,000 sectional titles in the 2026/27 financial year, rising to 6,500 in 2027/28, 14,800 in 2028/29, 17,000 in 2029/30, and 22,000 in 2030/31.
The ministry's strategic plan allocates K350 million for the declaration and conversion of eligible leasehold properties, K300 million for the allocation, surveying, preparation, and registration of sectional titles, K350 million for preparing and approving sectional-title plans, and K300 million for registering and issuing titles. The allocations total K1.3 billion over five years, demonstrating the government's commitment to implementing the Sectional Titles Act and improving land administration.
Key points
- The delay in implementing the Sectional Titles Act is due to the outstanding gazetting of the Sectional Titles Regulations.
- The Ministry of Lands, Housing and Urban Development has set ambitious targets for sectional-title registration under its 2026-2031 Strategic Plan.
- The implementation of the Sectional Titles Act is expected to address Malawi's housing shortage and improve land use.
