Legal_Landscape

A commentary on law and current affairs

Sri Lanka and condominium properties

Condominium properties, in the scale that we see currently in Sri Lanka, are rather recent additions to the local property landscape. There are no mandatory disclosures required from Developers. Buyers thus decide on such investments making assumptions based on the exterior facade and the aesthetics of a building rather than on its engineering features.

The lack of knowledge of buyers have, on many occasions, been exploited by Developers of condominium properties. Units are even sold and the full purchase price obtained when the building is not even issued with a Certificate of Conformity. There are ‘good Developers’ and ‘bad Developers’. But how does the unwary purchaser distinguish between these two?

This situation needs urgent attention of the local Authorities. In my book titled “Understanding the concept of condominiums” based on the Sri Lankan Apartment Ownership Law,  “would be buyers” are cautioned against rushing into a sales agreements without checking on certain important elements of the condominium property.


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December 2, 2009 - Posted by | Land & Properties | , , ,

5 Comments »

  1. wWhen purchase agreement says, say “..developing housing appartments comprising 126 condimonium residential appartment…. in twelve storied building..”. but devleoper adds commercial areas in the ground floor and had registered also. Purchaser did not take notice of it as he is a laymen. Is this legal and is there a remedy after lapse of 4 years. This type of actions are taking place in many cases

    Comment by J.N.THEVATHASON | December 29, 2010 | Reply

    • In a situation such as this, one needs to find out the Building Plan approved by the authorities. Does it allow the addition of a commercial area? Normally, the authorities (CMC / UDA) will lay down rules for compliance by the Developer when a commercial section is added to a condominium property such as the requirement of additional car parking space, sewerage and adequate facilities for waste removal, etc. If the Developer has added commercial units in breach of the approval granted for the project, then this can be brought to the notice of the relevant authorities.

      If however, the Building Plan has provision for a commercial area and the construction had taken place in accordance with the permission granted, then there is very little that a prospective purchaser can do after a lapse of 4 years, other than taking steps to ensure that the commercial unit owners pay a higher Service Charge than the residential unit owners due to the excessive maintenance costs for common areas of the commercial section in comparison to those of the residential units.

      Comment by Ajithaa Edirimane | December 29, 2010 | Reply

  2. Hello There. I found your blog the use of msn. That is an extremely well written article.

    I’ll make sure to bookmark it and return to learn more of your useful info. Thank you for the post. I’ll certainly return.

    Comment by wrecker in case grande | April 10, 2013 | Reply

  3. This is really good effort. comunity education will immnesly helps to avoid false property developers.

    Comment by saman buddhika | October 1, 2014 | Reply


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