Land Control Board consent (LCB consent)

The Land Control Act (Cap 302) controls dealings in agricultural land, which broadly means land outside municipalities, townships and trading centres. A sale, transfer, lease, charge, subdivision or partition of such land is a "controlled transaction" and needs the consent of the local Land Control Board.

Timing. The parties must apply within a fixed period after signing the agreement (see the figures box). The High Court can extend the period. The Court of Appeal has read the deadline as a deadline for applying, not for getting the consent.

What happens without it. A controlled transaction without consent is void. Courts have still, in some cases, let buyers recover money paid or rely on other remedies, but you should never plan on that.

How it works. Boards are set up by area, include local officials and residents, and usually sit monthly. Both buyer and seller (and often the seller's spouse and family) attend. The board can refuse consent, for example if the buyer is not a citizen, or to protect a family's home.

Reform. A Land Control Bill would replace boards with land control committees. It is still before Parliament, so the Land Control Act remains in force.

Spouses and families. Boards often ask whether the seller's spouse and adult children agree to the sale of family land, and consent can be refused or delayed if they object. Buyers should ask about family members early, and make sure the sale agreement deals with what happens if consent is refused, including the return of any deposit.

• Applies: farmland in rural Kiambu, Machakos, Nakuru, Laikipia, Kajiado and other counties, including many "plots" in fast-growing satellite towns still classed as agricultural.
• Does not apply: land inside municipalities and townships. Check the land's status with your advocate, because boundaries of towns have changed.