Sri Lanka Consolidated Acts

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Apartment Ownership Act (No. 11 of 1973) - Sect 12

Redivision or amalgamation of units

12.
(1) Any owner or owners of units of a registered Condominium Property may, with the approval of the local authority, redivide or amalgamate his or their units by registering a Plan of redivision or amalgamation, relating to such units, in the manner provided by this Law for the registration of Condominium Plans.
(2) An application for amalgamation or redivision shall contain a declaration in the prescribed form made by the applicant which shall be attested by a Notary Public and shall contain-
(a) a description by reference to a survey plan, of the land on which the building is situated and its boundaries, extent and situation specifying the Administrative District, Divisional Revenue Officer's Division, village, ward, pattu, korale or other division or district in which the land is situated, and where the land is situated in a town, the name of the street in which it is situated, together with the assessment number;
(b) the particulars of deeds, instruments or other documents and of other evidence of title relied upon by the applicant in support of the claim to title of the unit;
(c) the particulars of every encumbrance, lis pendens, seizure, order or decree affecting the unit, if any;
(d) a reference to the division, volume and folio in which the original Condominium Plan, and where appropriate, any Plan of redivision or amalgamation, is previously registered:
(e) the name of the scheme and the number of the block, if any;
(f) the percentage of the undivided share in common elements appurtenant to the redivided or amalgamated unit;
(g) a reference to the certificate of conformity from the local authority signifying approval of the proposed redivision or amalgamation (which certificate shall be attached to the declaration);
(h) a reference to the survey plan (by a licensed surveyor) showing the redivision or amalgamation, such plan bearing a reference to the original Condominium Plan relating to the building containing the units proposed to be redivided or amalgamated; and
(i) the full name, postal address and signature of the owners of the unit or units that are being redivided or amalgamated.
(3) Upon registering a Plan of redivision or amalgamation, the Registrar shall make appropriate cross references to the relevant folios so as to connect such registration with the registration of the original Condominium Plan and, where appropriate, any Plan of redivision or amalgamation previously registered.
(4) Upon the registration of a Condominium Plan of redivision or amalgamation-
(a) the provisions of section 9 shall mutatis mutandis apply to each redivided unit or amalgamated unit; and
(b) the units comprised therein shall be subject to the burden, and shall have the benefit, of any servitudes affecting such of the units in the original Condominium Plan as are included in the Plan of redivision or amalgamation.


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