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    Apartmrny

    Uploaded by

    Pragash Maheswaran
    The document outlines the Apartment Ownership Law, which aims to enable separate ownership of individual units in multi-story properties through registration and subdivision. The key points are: 1. A condominium plan must be prepared by a surveyor showing the boundaries and units. It must be endorsed by a surveyor and architect/engineer. 2. A condominium deed of declaration must also be prepared and signed by the owner, detailing matters like common elements and percentage shares. 3. Once registered, the building is deemed divided into units, with common elements held by all unit owners as tenants in common. Separate deeds can then be executed for individual units.

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    © All Rights Reserved
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    Apartmrny

    Uploaded by

    Pragash Maheswaran
    116 views3 pages
    The document outlines the Apartment Ownership Law, which aims to enable separate ownership of individual units in multi-story properties through registration and subdivision. The key points are: 1. A condominium plan must be prepared by a surveyor showing the boundaries and units. It must be endorsed by a surveyor and architect/engineer. 2. A condominium deed of declaration must also be prepared and signed by the owner, detailing matters like common elements and percentage shares. 3. Once registered, the building is deemed divided into units, with common elements held by all unit owners as tenants in common. Separate deeds can then be executed for individual units.

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    The document outlines the Apartment Ownership Law, which aims to enable separate ownership of individual units in multi-story properties through registration and subdivision. The key points are: 1. A condominium plan must be prepared by a surveyor showing the boundaries and units. It must be endorsed by a surveyor and architect/engineer. 2. A condominium deed of declaration must also be prepared and signed by the owner, detailing matters like common elements and percentage shares. 3. Once registered, the building is deemed divided into units, with common elements held by all unit owners as tenants in common. Separate deeds can then be executed for individual units.

    Copyright:

    © All Rights Reserved
    Download as DOC, PDF, TXT or read online from Scribd
    Download as doc, pdf, or txt
    116 views3 pages

    Apartmrny

    Uploaded by

    Pragash Maheswaran
    The document outlines the Apartment Ownership Law, which aims to enable separate ownership of individual units in multi-story properties through registration and subdivision. The key points are: 1. A condominium plan must be prepared by a surveyor showing the boundaries and units. It must be endorsed by a surveyor and architect/engineer. 2. A condominium deed of declaration must also be prepared and signed by the owner, detailing matters like common elements and percentage shares. 3. Once registered, the building is deemed divided into units, with common elements held by all unit owners as tenants in common. Separate deeds can then be executed for individual units.

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    APARTMENT OWNERSHIP LAW

    Object of the Law


    - To provide for registration of multi-storied properties.

    - Division of multi-storied properties into independent units with common elements.

    - Enable separate ownership of the independent units under disposition of titles to


    independent units.

    - To repeal the Condominium Property Act 1970.

    Procedure for bringing a property within the Apartment Ownership Act


    (1) Condominium Plan must be prepared by a surveyor
    Plan must show
    (a) perimeters / boundaries of Condo Property
    (b) separate units of the building
    (c) extent & boundary of each unit

    - Each unit in the Plan must have separate assessment numbers & other symbols
    by which a unit can be identified

    - Condo Plan must have endorsement of surveyor to the effect that the Condo
    building stands within the perimeters of the Condo property.

    (2) Condominium Deed of Declaration must be prepared by notary & signed by the
    owner of property
    - Condo deed must be certified by a qualified architect / civil engineer that the
    Condo described in the plan are the same those existing.

    * Deed of Declaration & Plan must define the common elements (elements common to
    all units : corridors, stairways etc.)

    Deed of declaration for a Condominium


    - It should be
    a) made to the prescribed form
    b) signed by the applicant
    c) attested by a NP

    - S. 5(1)Matters to be set out in the Condominium plan / declaration

    a) Description of land on which the building is located with reference to the survey
    plan and to which title is claimed by the declarant.
    Its boundaries, extent of land specifying the district, division, village and if it is
    situated in a town – the name of the town, the street and the assessment No.
    b) The name and address of the owner/s of the condominium property.
    c) The deed or instruments by which the applicant / owners can rely on to support their
    claim to title of property.
    d) Reference to the division, volume and folio in which the land is registered under the
    RDO and if land not registered – a declaration that the land is not so registered
    e) Particulars of any encumbrances, lis pendens, seizure, order or decree affecting the
    land to the knowledge of the applicant.
    f) Description of the building stating the number of stories, basements and number of
    units.
    g) A assessment no. / symbol identifying each unit & a statement of the location of the
    unit (which floor, which area, number of rooms etc.), the common area to which it has
    access & corresponding information relating to an accessory unit.
    h) Description of the common element of the condominium property.
    i) A percentage of the undivided share of the common element relating to each unit.
    j) A statement of the purpose for which the buildings and each of the units are
    intended and restricted as to its use.
    k) A statement that the survey plan and the certificates referred to in the survey plan are
    attached.
    l) Further details in connection with the condominium property which the applicant is
    thinks is desirable and consistent with the law.
    m) Any other information required by regulations made under this law.
    n) Signature of the owner/s of the condominium property.

    - s. 5(2) A condominium plan tendered for registration must be accompanied by a


    certificate from the Local Authority, that the plan and the units in the building as shown in
    the plan is in accordance with its laws and regulations made there under.

    - Once Condominium property is registered – cannot go back & register deeds under the
    RDO.

    - All transactions registered Condo. property must be entered in Registered Condo


    property volume folios maintained in a Land Registry. (Appropriate cross references will
    be made to the entries in the RDO to that the property on which the Condo stands is a
    property registered under the RDO.

    - s. 9 – When a Condo plan is registered, the building depicted in the Condo property is
    deemed to be divided into units. The common elements of the building will be held by the
    owners of all the units as Tenants in Common (proportional to the respective share units)
    for the same term & tenure as the units held by them.

    - After Condo plan & declaration is registered, can execute deeds in respect of separate
    units & deeds will be registered by a Registrar of Land in the volume folios that are
    maintained for a Condo unit.

    - Requirements in a deed of declaration of Condominium


    (1) Prior Registration Reference
     that it is a decree under s. 5 (1) AOL
     Format
    “I Sudesh Peter of 42, Nelumpura Road Ratmalana in the Democratic
    Socialist Republic of Sri Lanka being the owner of the Condominium
    Property (soon to be a highway) herein described declare as follows :

     Situation of the land)- Give a full description of the land & the number of
    Condo units & floors

    (2) Name & address of owner

    (3) Title relied on by the owner

    (4) Encumbrances

    (5) Description of the Building


     Information regarding several Condo units with full description of each
    unit (from survey plan)

    (6) The Common Elements


    (i) The land on which the building stands – all columns, compounds,
    access, gates, walls, drains & gardens
    (ii) Foundation – columns / beams / supports / walls & roof of the building
    (iii) Installation of electricity / telephone etc.
    (iv) Tanks, water, sewage, drainage, manhole
    (v) All other parts necessary for conveniences / security
    (vi) Basement / Pantry area for each flat
    (vii) Staircase & landings – exclusive use of all units
    (viii) Rooftop garden for exclusive use of all members of
    the Condo
    (ix) Percentage in the sharing so that each flat / unit gives a share value in
    the property
    (x) Apartment units
    (xi) Use of the buildings & units as intended & restricted for residential
    purposes alone
    (xii) Allocation of the common elements
    (xiii) Documents annexed
    1. Original Condo plan & a copy
    2. Certificate from civil engineer / civil engineer of the local
    authority
    3. Certificate from the qualified architect or instead from a civil
    engineer
    (xiv) Miscellaneous
    (xv) Signature of owner & the witness to the signatures

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