As enacted

Contents

Act of Parliament · As enacted

Apartment Ownership (Special Provisions) Act 2018

Official English translation. Where it differs from the Sinhala or Tamil text, the Act itself says which text prevails.

Official translationFrom Department of Government Printing, unchanged

s 1Short title

This Act may be cited as the Apartment Ownership

(Special Provisions) Act, No. 23 of 2018.

s 2Duration of the Act

The provisions of this Act shall be in operation for a period of five years from the date of commencement of this

Act.

s 3Registration of certain Condominium Properties

(1)

The Registrar shall register under section 6 of the

Apartment Ownership Law, No 11 of 1973, the plans of all such Condominium Properties as are owned by-

(a)

the Commissioner for National Housing;

(b)

the National Housing Development Authority;

(c)

the Urban Development Authority;

(d)

the Sri Lanka Land Reclamation and Development

Corporation; or

(e)

the State or any other agency by which a

Condominium Property has been constructed on

State owned land under the Tsunami Resettlement

Programme of the Government, and which were constructed prior to December 31, 2009 and the possession of which has been handed over to any person or persons by way of sale, lease, rent or rent purchase, notwithstanding-

(i)

the non-availability of the building plans approved by the local authority;

(ii)

the non-availability of the Certificate of

Conformity issued by the local authority;

(iii)

not having an assessment number or other symbol for each condominium parcel;

(iv)

such Condominium Properties not being in conformity with building plans approved by the local authority;

(v)

the Condominium Property has not been constructed according to prevailing laws; or

(vi)

that a certificate has not been issued by the General

Manager of the Condominium Management

Authority.

(2)

Any registration made under subsection (1) shall be deemed for all purposes to have been registered under the provisions of this Act.

(3)

The owner of a Condominium Property referred to in subsection (1) shall submit to the Registrar at the time of registration, a written declaration obtained from the Director-General of the Department of Buildings certifying the safety of occupation of the Condominium Property.

(4)

A certificate issued under the hand of the

Commissioner for National Housing, General Manager of the National Housing Development Authority, Chairman of the Urban Development Authority, Chairman of the Sri

Lanka Land Reclamation and Development Corporation or the Minister assigned the subject of Lands and Land

Development or the head of such other State agency responsible for constructing such Condominium Property on State land under the Tsunami Resettlement Programme of the Government, to the effect that a particular

Condominium Property is owned by the institutions specified in pragraphs (a) to (e) (both inclusive) of subsection (1), as the case may be, and was constructed prior to December 31, 2009, and that the possession of such Property has been handed over to any person by way of sale, lease, rent or rent purchase shall be prima facie proof of the facts contained therein.

s 4Interpretation

In this Act, unless the context otherwise requires-

“Commissioner for National Housing” means the

Commissioner of National Housing appointed under the National Housing Act

(Chapter 401);

“Condominium Management Authority” or

“Authority” means the Condominium

Management Authority established under the

Condominium Management Authority Law,

No. 10 of 1973;

“Condominium Property” means the Condominium

Property within the meaning of the Apartment

Ownership Law, No. 11 of 1973;

“Minister” means the Minister assigned the subject of

Housing under Article 43 of the Constitution;

“National Housing Development Authority” means the National Housing Development

Authority established under the National

Housing Development Authority Act, No. 17

of 1979;

“Registrar” means the Registrar of Lands appointed under the Registration of Documents

Ordinance (Chapter 117) having jurisdiction over the registration district in which the

Condominium Property to be registered is situated;

“Sri Lanka Land Reclamation and Development

Corporation” means the Sri Lanka Land

Reclamation and Development Corporation established under the Land Reclamation and

Development Corporation Act, No. 15 of 1968;

“Urban Development Authority” means the Urban

Development Authority established under the

Urban Development Authority Law, No. 41

of 1978.

s 5Sinhala text to prevail in case of inconsistency

In the event of any inconsistency between the Sinhala and Tamil texts of this Act, the Sinhala text shall prevail.