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State condominiums: Approval for illegal constructions
The Government is to give legal approval for condominium houses constructed before 2009 by state institutions even if the floor areas have been extended by the owners in violation of regulations. To give legal effect to the proposal, the Government is to introduce the Apartment Ownership (Special Provisions) Bill.
The bill seeks to remove the existing impediments to vesting the title of the condominium houses constructed by the National Housing Development Authority and other state institutions prior to Decenber 31, 2009. Under the proposed Act, the properties will be registered notwithstanding the non-availability of the building plans approved by the local authority; the non-availability of the Certificate of Conformity issued by the local authority; not having an assessment number or other symbol for each condominium parcel; such condominium properties not being in conformity with building plans approved by the local authority; the condominium property not being constructed according to prevailing laws; or that a certificate has not been issued by the General Manager of the Condominium Management Authority.
However, it is not clear as to what extent of the violation of the regulations will be accepted to approve the building. The properties will be those constructed prior to December 31, 2009 and are in the possession of which has been handed over to any person or persons by way of sale, lease, rent or rent purchase.
An Urban Development |Authority (UDA) official said the structures where the laws have undergone minor adjustment such as exceeding of floor areas, adding an extra floor would be legalised so that the ownership could be given to the residents. However, in instances where plans passed by the local authorities have been wholly violated such as air space encroachments and side space encroachments, they will not be legalized.
An advisory committee has been set up pending the approval of the law, to compile a list of the buildings which would come under the new law. The provisions of the new law will be in operation for five years from the date of its enactment and will apply to all condominium properties owned by the Commissioner for National Housing; the National Housing Development Authority; the Urban Development Authority; the Sri Lanka Land Reclamation and Development Corporation; or 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.
The law provides for the process by which owners of condominium properties could apply for registration. The moves come despite efforts by state agencies and local authorities to strictly enforce regulations regarding illegal constructions.