Condominiums properties in Uganda
Condominiums properties in Uganda : Condominiums also known as Condos is becoming a new trend in Uganda at a terrific speed with many developers investing in it most especially in the town setting where land is increasingly expense and diminishing.
A condominium refers to a kind of housing where each homeowner owns their individual unit space and dwell in shared ownerships of common – use areas like compound and packing among others.
Under this type of housing, there is no individual ownership of a plot of land. All the land in the condominium project is owned in common by all the homeowners, all condos in Uganda are regulated by the Condominium Property Act 2001 which allows one to have a land title for a specific housing unit or condo within a building.
The Condominium Property Act, 2001
This Act provides for the division of buildings into units and common property, provide ownership of those units by issuance of certificates of title in relation to the units and to provide for the use and management of the units and common property and for other connected matters.
With this Act, it means that under the Condominium Property Act of 2012, property developers and real estate companies engages in the construction of apartments and sell them as is and give the buyer a title or certificate for his property the same way you would sale a stand – alone house on a plot of land.
Under the Condominium setting, the use and access to common facilities such as swimming pools, elevators, fire extinguishers, security, gardens, parking lots, cleaning of common areas and garbage collection services are controlled by the association of owners that jointly represent ownership of the whole condominium.
Interpretation of Condominium Law
The Condominium plan refers to a plan registered in accordance with this Act.
A property developer whether as an individual or as a company, in conjunction with another developer sells or offers for a sale to the public, unit or proposed units.
The Property owner refers to a person who is registered as the owner of the land title such as a freehold estate in a unit, mailo estate in a unit, the leasehold estate in a unit where the parcel on which the unit is located is held under a lease.
Division of the building in units – a proprietor or developer of an existing or planned building may divided the building into two or more units that is by registering with a registrar a condominium plan in accordance with this Act.
Register of Condominium Property
The Registrar shall, upon an application for registration of a condominium plan, close the part of the register relating to the parcel described in the plan and open a separate part of each unit as described in the plan.
Upon the payment of the prescribed fee, a certificate of title will be issued in respect of the unit.
Application of the Registration of Titles Act
The provisions of the Registration of Titles Act relating to registration techniques, procedure and practices shall be provided in this Act, unless otherwise, apply to the registration of land dealings under this Act.
Upon registration of the plan, a certificate of title will be issued in respect of a unit comprised in a condominium plan registered under this Act.
A proprietor of a unit in respect of which part of the register is opened undersection 3 may sell, transfer, lease, charge or otherwise deal with that unit in the same manner and form as land held under the Registration of Titles Act.
Common Property
The common property in the a registered condominium plan shall be held by the owners of all the units as tenants in common in shares proportional to the unit factors for their respective units.
Change of use of Unit
An owner of a unit shall not change the use of his or her unit unless the corporation has consented to the change of use or the planning and local authorities have approved the change of use.
