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