COMMON LEASEHOLD SCHEMES ACT
Arrangement of Sections
1. Short title
COMMON LEASEHOLD SCHEMES
3. Land may be subdivided by registering a Common Leasehold Scheme
4. Method of registration
5. Content of a Common Leasehold Scheme
6. Easements between units
7. Ownership of common property
THE BODY CORPORATE UNDER A COMMON LEASEHOLD SCHEME
8. Unit-holders become incorporated on registration
9. Incorporation has effect of contract under seal
10. Powers and duties of the body corporate
11. By-laws of the body corporate
12. Body corporate may enforce certain by-laws directly on occupiers of units
13. Creation of easements and covenants
14. Appointment of administrator
15. Remedy for oppression
16. Phased developments
17. Certificates of Title in phased developments
18. Obligations of Registered Proprietor of remainder
19. Provision of services in a phased development
VARIATION AND TERMINATION OF A COMMON LEASEHOLD SCHEME
20. Variation of Common Leasehold Scheme by common consent
21. Termination of a Common Leasehold Scheme by common consent
22. Variation or termination of a Common Leasehold Scheme by order of the Tribunal
23. Taxes and statutory charges on land
24. Powers of entry by public or local authority
26. Service of documents
to provide for the division of land and buildings into units with separate titles by means of Common Leasehold Schemes; and to provide for matters connected with or incidental to the foregoing.
[31st December, 1994]
Act 39 of 1994.
This Act may be cited as the Common Leasehold Schemes Act.
In this Act, unless the context otherwise requires—
“body corporate” means the body corporate of unit-holders under a Common Leasehold Scheme created by section 8;
“Certificate of Title” means a Certificate of Title or Provisional Certificate within the meaning of the Lands and Deeds Registry Act;
“Common Leasehold Scheme” means a scheme registered under this Act for the division of a parcel of land and its buildings into units;
“common property” means so much of the land and buildings subject to a Common Leasehold Scheme as is not comprised in any one unit under the scheme;
“Lands Register” means the Lands Register under the Lands and Deeds Registry Act;
“parcel” means the land subject to a Common Leasehold Scheme;
“phased development” means a Common Leasehold Scheme which includes units for which no Certificate of Title has yet been issued;
“Registered Proprietor” means a person to whom a Certificate of Title has been issued;
“Registrar” means a Registrar for the purposes of the Lands and Deeds Registry Act;
“remainder” means the remainder of phased development referred to in section 17;
“special resolution” means a special resolution of the unit-holders made in accordance with the by-laws of the body corporate;
“Tribunal” means the Lands Tribunal established by the Lands Act;
“unanimous resolution” means a unanimous resolution of the unit-holders made in accordance with the by-laws of the body corporate;
“unit” means the part of the parcel of land and buildings specified as a unit in a Common Leasehold Scheme together with the share of the common property appurtenant thereto;
“unit-holder” means the Registered Proprietor of a unit;
“unit entitlement” means the unit entitlement in respect of a unit set for the purposes of paragraph (1) (f) of section 5.
COMMON LEASEHOLD SCHEMES
(1) A parcel of land registered in the Lands Register together with the buildings on it, or proposed to be built on it, may be divided into units by registering a Common Leasehold Scheme in the manner provided by this Act.
(2) A unit may devolve or be transferred, leased, mortgaged or otherwise dealt with, and shall be subject to taxation relating to land, in the same manner and form as if it were a piece of land registered in the Lands Register.
(3) A unit-holder shall hold his unit subject to—
(a) any registered interests in the parcel;
(b) any registered variation to the Common Leasehold Scheme.
(4) Easements and restrictions as to use implied or created by this Act between units under a Common Leasehold Scheme or between a unit and the common property shall take effect without any notification on the register.
(1) The Registered Proprietor of a parcel of land on the Lands Register may apply to the Registrar for the registration of a Common Leasehold Scheme in relation to the parcel by lodging with him a copy of the proposed scheme in a form approved by the Registrar.
(2) The application shall be accompanied by a certificate made by a registered architect or a registered quantity surveyor that—
(a) in the case of a proposed Common Leasehold Scheme other than a phased development—
(i) all the buildings and other fixtures marked on the plan of the scheme are in place;
(ii) the plan shows their position with reasonable accuracy;
(iii) they are all structurally sound;
(iv) they are within the boundaries of the parcel and any eaves, guttering or other projections are the subjects of registered easements; and
(v) they conform to the planning permit applying to the parcel; or
(b) in the case of a proposed phased development—
(i) all the buildings and other fixtures marked on the plan of the scheme as completed are in place;
(ii) the plan shows their positions with reasonable accuracy;
(iii) they are all structurally sound;
(iv) they are within the boundaries of the parcel and any eaves, guttering or other projections are the subjects of registered easements;
(v) they conform to the planning permit applying to the parcel;
(vi) any proposed buildings are planned to lie within the boundaries of the parcel and any eaves, guttering or other projections are the subjects of registered easements; and
(vii) the plans for any proposed buildings or fixtures conform to the planning permit.
(3) The Registrar shall register the Common Leasehold Scheme if he is satisfied that the application satisfies this Act.
(4) A Common Leasehold Scheme shall not be registered unless the Surveyor-General has given each prospective unit an identifying number.
(5) On the registration of a Common Leasehold Scheme—
(a) the Registrar shall recall and cancel the Certificate of Title relating to the parcel; and
(b) subject to this Act, the Registrar shall issue to the former Registered Proprietor of the parcel a separate Certificate of Title for each unit.
(1) A proposed Common Leasehold Scheme shall—
(a) identify the parcel of land by the identifying number provided by the Surveyor-General;
(b) specify the external surface boundaries of the parcel by means of a diagram or plan conforming with section 12 of the Lands and Deeds Registry Act and specify the location in relation thereto of all buildings and fixtures existing and proposed to be built under the scheme;
(c) divide the land and existing and proposed buildings and fixtures into the parts belonging to the several units, together with common property, defining the boundaries of each unit’s property;
(d) include a plan illustrating the units and stating for each the identity number provided by the Surveyor-General;
(e) show the approximate floor area of the part of any unit that is part of a building, and the approximate area of the part that is not a part of any building;
(f) specify the unit entitlement of each unit, being a whole number, and state the sum of the unit entitlements of all the units;
(g) state a physical or postal address of the body corporate for the purpose of service of notices under section 27; and
(h) contain such other particulars as the approved form may require.
(2) The Common Leasehold Scheme may set out by-laws, not inconsistent with this Act, amending the by-laws in the Schedule.
(3) The Common Leasehold Scheme may, with the approval of the Registrar, specify a name by which the body corporate shall be known.
(4) The Common Leasehold Scheme shall divide the parcel into at least two units.
(5) Where a building is of more than one storey, the several storeys above any point in the parcel may belong to different units.
(6) Where a boundary of a unit is a wall, floor, ceiling or other partition of a building, for the purposes of paragraph (c) of sub-section (1), it shall be sufficient to identify the partition concerned without showing bearings or dimensions.
(7) Unless the Common Leasehold Scheme provides otherwise—
(a) a wall, floor or other partition that constitutes a boundary of a unit; and
(b) any structural member or load-bearing part of a building; shall be, except for its surface within a unit, part of a common property
(1) In respect of each unit there shall be—
(a) in favour of the unit-holder, and as appurtenant to his unit—
(i) an easement for the subjacent and lateral support thereof by the common property and by every other unit capable of providing support; and
(ii) easements for the passage or provision through other units and the common property of any services by means of pipes, wires, cables or ducts for the time being existing in the parcel, to the extent to which those pipes, wires, cables or ducts are capable of being used for the enjoyment of the unit; and
(b) as against the unit-holder and to which his unit shall be subject—
(i) an easement for the subjacent and lateral support of the common property and of every other unit capable of enjoying support; and
(ii) easements for the passage or provision through the unit of any services by means of pipes, wires, cables or ducts for the time being existing in the parcel, to the extent to which those pipes, wires, cables or ducts are capable of being used for the enjoyment of other units or the common property; as appurtenant to the common property and to every other unit capable of enjoying such easements.
(2) In respect of each unit there shall be—
(a) in favour of the unit-holder, and as appurtenant to his unit, an easement for the shelter of his unit by the common property and by every other unit capable of providing shelter; and
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