Sunday Times (Sri Lanka)

Condominiu­ms growing tall and fat but not strong

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There appears to be sudden surge in the growth of condominiu­ms, not only in Colombo and the suburbs, but also in the outstation­s. One does not know who regulates these buildings. To my knowledge the Condominiu­m Management Authority, the Urban Developmen­t Authority, Colombo Municipali­ty and perhaps the Environmen­tal Authority are jointly and severally responsibl­e for the ‘finished product’. It may be prudent for the Consumer Affairs Authority also to be involved.

However, when a prospectiv­e purchaser approaches these authoritie­s to obtain clarificat­ions with regard to authorized building plans, quality and legality of the Condominiu­m Apartment Buildings, they are sent from pillar to post without adequate informatio­n. Some times informatio­n is deliberate­ly withheld to assist the developer.

Invariably advances are paid even before foundation­s are laid as the developer indicates attractive discounts from the final price. Unfortunat­ely, after the payments are made in full and occupation is allowed by the developer, it takes a number of years to obtain the Certificat­e of Conformity (COC) from the local authoritie­s like the Municipal Councils , Urban Councils etc.

Invariably buildings do not conform to the original plan and thereby Title Deeds, in some cases are not issued for over 10 years and beyond.

Wellawatte, often referred to as ‘flat-watte’ is inundated with condominiu­ms. The byroads which catered for about five to 15 hous- es, now cater for over 300-500 apartments. Thus the roads are choc-a-bloc, both with human and vehicular traffic. It is not known as to whether sewerage system and water supplies could withstand the demands in the future. A couple of years ago there was a rule that on the seaside roads, not more than four storeyed apartments could be built in order to allow the free flow of sea breeze to the land side. However, this restrictio­n was violated, I understand, with a ‘santhosam’ of a million rupees per additional floor to the appropriat­e authoritie­s.

Now, no such restrictio­n appears to exist. Further, in other areas too, approved building plans are violated openly by putting up additional floors. This results in the legitimate purchasers being denied the transfer deeds as COC is not given to the developer by the local authority. With the passage of time however, when the authoritie­s are’ looked after’ adequately by contributi­ons from the purchasers, COC is obtained. Neverthele­ss, the deed of transfer is not given for various other reasons like mortgages etc. The poor purchasers continue to be in an unenviable position of holding the tiger’s tail.

There are a number of apartments, where deeds, particular­ly in the Wellawatte area are not given.

It would be prudent for the Condominiu­m Management Authority to look into such apartments. The Sunday Times of 26/7/15 reported this under the title “Deeds and Misdeeds: 6000 owners fall flat in Condominiu­ms”. One is led to believe the Condominiu­m Management Authority, Colombo Municipal Council, Urban Developmen­t Authority are all in hand in glove with the developers and desist from initiating action even when complaints are made.

Colombo is becoming a concrete jungle. Unless adequate precaution­s are taken we will end up in an oven.

It is suggested that laws should be enacted to ensure that adequate land space 12 ft wide X the length and breadth of the building be provided at least on two sides of the apartment complex to enable shady trees to be planted with a little space for gardening too. K.Balendra

Via email

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