The regulatory environment of real estate professional services firms (PSFs) in Kenya

Abstract

PurposeThis paper brings up the regulatory environment for valuation and estate agency practices in Kenya. Its main purpose is to assess the regulatory institutions to determine whether consumers of real estate services are protected from risks in the property market and to compare Kenya's situation to other markets in the world.Design/methodology/approachThis is a qualitative study of institutions including bodies and laws that are involved in the regulation of valuation and estate agency practices in Kenya, using document analysis method. The roles of professional body, the Institution of Surveyors of Kenya and the registration bodies, the Valuers Registration Board and the Estate Agency Registration Boards and attendant statutes, the Valuers Act and the Estate Agents Act are reviewed to gain insights into the regulation practice in Kenya. Benchmarking is done using regulatory practices in the United Kingdom and the USA.FindingsConcerning valuation, Kenya uses a hybrid system combining the United Kingdom's self-regulation approach and the USA's state regulation approach. The co-regulation approach is working well for valuation practice in Kenya. On the other hand, the regulatory system for estate agents is weak because of limited powers of enforcement, thereby allowing an unknown number of agents to practise outside the regulatory framework.Originality/valueThe paper is unique in its subject matter as it evaluates the external organization (regulatory) environment of professional services firms (PSFs) in the real estate market. Existing studies have been done mainly by management scholars focussing on the internal organization environment of PSFs in general. Secondly, the study brings up to the international audience the regulatory system and practice in the real estate professional services market. This has not been done for Kenya and perhaps for many other countries. Lastly, it makes a novel recommendation that emphasis should be placed on registration and regulation of PSFs rather than individual practitioners to enhance quality in the provision of services where real estate agency is concerned.