Apartment Ownership (Amendment) Act (No. 45 of 1982)

Sri Lanka Consolidated Acts

[Index] [Table] [Database Search] [Name Search] [Previous] [Next] [Help]

Apartment Ownership (Amendment) Act (No. 45 of 1982) - Sect 4

Amendment of section 5 of the principal enactment. [ 4, 45 of 1982]

4. Section 5 of the principal enactment is hereby amended as follows:

(1) in subsection (1) of that section

(a) by the substitution for paragraph (i) of that subsection, of the following paragraph:

"(i) a survey plan or plans which shall be prepared and drawn by a licensed surveyor or by or under the authority of the Surveyor-General and shall

	(b) specify the division, volume and folio in which the Condominium Property is registered and the surveyed area thereof;

(i) the floors and ceilings of each storey; and

(ii) the height of each storey;

	(d) include a description, as well as the vertical section and dimensions, of each building or parts thereof proposed to be erected within the Condominium Property as a separate tenement or an extension of any completed subdivided building, in accordance with building plans and subdivision plans approved by the authority for the time being responsible for the approval of such plans;

	(e) delineate, subject to the provisions of subsections (1A) and (1B), each proposed unit and define the boundaries thereof by reference to floors and walls showing the horizontal dimensions, without it being necessary to show any bearing;

	(f) identify the units into which each building is divided and distinguish such units by assessment numbers, numbers or other symbols;

	(g) distinguish each storey by an index letter in relation to the survey lot number of the Condominium Property and specify the units in each storey in relation to the number of the storey;

	(h) show the approximate floor area of each unit;

(i) delineate the external boundaries and show the horizontal dimensions without it being necessary to show any bearing of each building or parts thereof proposed to be erected within the Condominium Property as a separate element or an extension of any completed subdivided building or buildings in accordance with building plans (if any) and subdivided plans approved by the authority for the time being responsible for the approval of such plans ;

	(j) define the common elements of the Condominium Property;

	(k) bear an endorsement by the person preparing it to the effect that the building shown in the Condominium Plan is within the external horizontal boundaries of the Condominium Property; and

	(l) have attached to it a certificate of a qualified architect or a qualified civil or structural engineer to the effect that the units shown therein are the same as those existing on the Condominium Property; and "; and

(2) by the insertion, immediately after subsection (1) of that section, of the following new subsections :

	"(1A) Where an accessory unit consists of a building or parts thereof and is bounded by external walls, floors and ceilings, the dimensions and boundaries of such accessory unit shall be shown in the Condominium Plan in accordance with the requirements of paragraph (i) of subsection (1).

(1B) Where an accessory unit does not consist of a building or parts thereof

(a) the external boundaries of the accessory unit shall be ascertained from the building plans and the subdivision plans approved by the authority for the time being responsible for the approval of such plans, and the accessory unit shall be unlimited in its vertical dimension except to the extent of any projection above, or encroachment below, ground level by another part of the Condominium Property; and

(b) the Condominium Plan shall show a diagram of the accessory unit with similar dimensions as those shown on the approved plans mentioned in paragraph (a).

(1C) Every Condominium Plan shall

(a) show the share values in whole numbers of each unit and a number equal to the aggregate share value entitlement of all the units and in the case of any provisional unit or units the quantum of provisional share value shall similarly be shown therein for the provisional unit or units;

(b) have endorsed upon it the address at which documents may be served on the management corporation in accordance with section 20N; and

(3) by the addition, at the end of that section, of the following new subsections: "(3) Unless otherwise stipulated in the Condominium Plan, the common boundary on any unit which another unit or with the common elements shall be centre of the floor, wall or ceiling, as the case may be.

(4) No plan lodged as a Condominium Plan shall be registered unless

(a) the plan has been endorsed with a certificate of a licensed surveyor that all buildings and all units shown in the Condominium Plan in relation to the external surface boundaries of the Condominium Property are within the Condominium Property and are in compliance with building plans (if any) and subdivision plans issued by the authority for the time being responsible for the approval of such plans;

	(b) the plan is accompanied by a copy of the relevant Condominium subdivision plan approved by the authority for the time being responsible for the approval of such plan; and

	(c) the share value of each proposed unit has been entered in the plan in compliance with the provisions of section 20A. ".

[Index] [Table] [Database Search] [Name Search] [Previous] [Next] [Help]