To become a registered real
estate agent in Kenya, one needs to be registered with the Estate Agents Registration Board (EARB). Only EARB registered and licensed Estate Agents
with a current practicing annual certificate can conduct Estate Agency.

Section 18 of the Estates Agents Act Cap 533,
Laws of Kenya provides as follows: –

1. After the expiration of six months from
the commencement of this Act or such further period as the Minister may, by
notice in the Gazette, allow either generally or in respect of any particular
person or class of person: –

(a) No individual shall practice as an estate agent
unless he is a registered estate agent;

(b) No partnership shall practice as estate agents
unless all the partners whose activities include the doing of acts by way of
such practice are registered estate agents;

(c) …

(2) Any person who contravenes subsection (1) shall
be guilty of an offence and liable to fine not exceeding twenty thousand
shillings or to imprisonment for a term not exceeding two years or to both.”

 

Estate Agents Registration
Board (EARB) is the regulatory body for estate agency practice in Kenya and it
derives its mandate from Estate Agents Act, 1984 Cap 533 which was
operationalized in 1987.Becoming a registered real estate agent in Kenya
enables you to legally participate in
selling and renting out buildings and land.  

In the civil
case no. 94 of 2016 tree parties who had been engaging in the
business of real estate were seeking Kshs. 46,250,000.00 as commission from the
defendants. However, at least two of the parties in the partnership were not
registered with the Estate Agents Registration Board(EARB).
The court held that the Plaintiffs, having
engaged in practice as Estate Agents contrary to the law they cannot file a
suit and expect to be awarded commission arising from their illegal
activities.  

 Conditions and
qualifications for registration with the Estate
Agents Registration Board (EARB)

 

To be registered as a real
estate agent in Kenya, you need to be a Kenyan Citizen and:

 

a)      A full member of the Institution of
Surveyors of Kenya in specified departments; or

b)      The
holder of a degree, diploma or licence from any university or college or school
which is recognized for the time being by the Board; or

c)       a person who—

a.       is
the holder of a degree, diploma or licence of a university or college or school
or a member of an institution the membership of which is recognized for the
time being by the Board as furnishing sufficient evidence of an adequate
academic training for practice as an estate agent; and

b.      has
had, to the satisfaction of the Board, practical post qualification
experience in such practice of not less than two years of which not less than
six months has been in Kenya; or

d)      a
person who is not qualified under paragraphs (a), (b), or (c) but is of good
character and satisfies the Board that he has not been convicted (whether in
Kenya or elsewhere) of an offence involving fraud or dishonesty.

 

The registration is done on
individual real estate agents. For partnership business, all the partners of
such a business need to be registered as real estate agents as well. For
companies, then the directors of such companies need to be registered as real
estate agents by the board.

How to become top-selling real estate agent in Kenya. 5 easy steps to get started

 

Wondering on what the procedure for an Agent to
Register as a real estate Agent in
Kenya? We break down the
procedure as:

 

1.
Visit the EARB website and complete the online form. You may alternatively visit the Estate
Agents Registration Board offices in Survey of Kenya for more guidance.

2.
Attach the relevant Certificates as indicated in the
form or online i.e.

a.
Passport size photo

b.
Copy of ID or passport

c.
Curriculum vitae

d.
Academic certificates

e.
Letter of recommendation from a registered and practicing
Estate Agent. A sample is available on
the EARB website.

f.
Certificate of Good
conduct applied through ecitizen.

3.
Application fees – Kshs. 1,000.00

 To pay the Estate Agents Registration
Board application fees,

 

1.      Go
to MPESA menu.

2.      Go
to Lipa na M-PESA options.

3.      Select
Pay Bill option.

4.      Enter
Business No. 522522

5.      Enter
Account No. 1104163829

6.      Enter
Amount. Kes. 1,000

7.      Enter
Your PIN number

8.      Append
the transaction code (e.g OKF4W7KG9KJ9) to the application
form field required.

 

You may also pay the application and other
fees through KCB Account number 1104163829.

Once you submit the
application documents, the board will vet your application and after a period you
will receive a call to pick up a letter to inviting you to attend an interview
with the Estate Agents Registration Board. You will then need to pay an interview fee of Kshs. 3,000.00.

 

The interview
usually seeks to get your understanding of the real estate profession including
the regulations that apply. Key regulations include the real estate agents act
Cap 533, the land Act  of 2012, Rent
Restriction Act, The Landlord and Tenants Act and The 2010 Constitution.

 

If you pass the
interview, you then register as a real estate agent. This will cost you an
additional Ksh. 10,000. In case you do not pass the interview, you can re-apply
and have another interview until you pass.

 

To increase
the chances of passing the interview, the EARB conducts a pre-registration
conference for interested applicants. This conference has been costing Ksh.
6,000. This conference is optional and you do not need to attend. It just helps
to increase your chances of success in the interview.

 

Once you pass
the interview, EARB holds an additional induction conference for all successful
agents. This conference usually costs Ksh. 3,000 and attendance is optional.
This conference allows you to interact with the board members, other agents and
also learn more about the conduct of the real estate profession.

 

As a
registered real estate agent, you will be subject to an annual license from the
board. This license costs Ksh. 5,500. An annual but optional Trade license is issued
by the board at  Ksh. 5,000. It would
thus cost you Ksh 10,500 to operate as a licensed real estate agent in Kenya.

 

Once you pay for
the annual license and trade license, you do not need to pay for the same with
the local authorities.

 

Why
real estate agents should not pay single Business Permit to County governments

 

Please note
the above fees may change from time to time but apply as at the date this
article was written. To obtain up to date instructions, please email the Estate
Agents Registration Board on [email protected]
or call +254 741088144