What is a plan of Condominium?
A plan of condominium is a method of dividing property so that an individual holds title to a portion of a building or a “ unit “ , as well as a share of the rest of the property that is common to all the individual unit owners . The term “condominium” can apply to residential, commercial or industrial properties. The buildings can be new buildings or existing buildings.
Apartment Ownership ( Amendment )
Act , No 39 of 2003
5. (i) The Condominium Plan shall comprise of 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 —
(a) delineate the external surface boundaries and boundary marks of the Condominium Property and the position of each subdivided building thereon fixed in relation to the surface boundaries ;
(b) specify the division, volume and folio in which the land parcel is registered and the surveyed area thereof ;
(c) include a vertical section of each subdivided building showing—
(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 erected within the Condominium Property as a 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;
(f) identify the condominium parcels into which each building is divided and distinguish such parcels by assessment numbers, numbers or other symbols ;
(g) distinguish each storey by an index letter in relation to the sand parcel number of the Condominium Property and specify the condominium parcels in each storey in relation to the number of such storey ;
(h) specify the approximate floor area of each condominium parcel ;
(i) delineate the external boundaries and show the horizontal dimenions without it being necessary to show any bearing of each building erected within the Condominium Property as a completed subdivided building in a acordance with building plans any subdivided plans approved by the authority for 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 ;
(l) to it a certificate from a registered architect or a registered professional civil or structural engineer to the effect that the condominium parcels shown therein are the same as those existing on the Condominium Property ;
(m) enter the share value of each condominium parcel in the plan in compliance with the provisions of section 20A ; and
(n) bear an endorsement with a certificate of a licensed surveyor that all buildings and all Condominium parcels 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 the building plan, and the subdivision plans issued by the authority for the time being responsible for the approval of such plans.
(o) show the share values in whole numbers of each condominium parcel and number equal to the aggregate share value entitlement of all the condominium parcels ;
(p) have endorsed upon it the address at which documents may be served on the management corporation in accordance with section 20N ; and
1.contain such other particulars as may be prescribed.
2.Where an accessory parcel consists of a building and is bounded by external walls, floors and ceilings, the dimensions and boundaries of such accessory parcel shall be shown in the Condominium Plan in accordance with the requirements of subsection (1).
3. Where an accessory parcel does not consist of a building —
(a) the external boundaries of the accessory parcel shall be ascertained from the building plans and subdivision plans approved by the authority for the time being responsible for the approval of such plans and the accessory parcel 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 parcel with similar dimensions as those shown on the approved plans referred to in paragraph (a).
4. Unless otherwise stipulated in the Condominium Plan, the common boundary on any condominium parcel with another condominium parcel or with the common elements shall be the centre of the floor, wall or ceiling as the case may be."
