Measures relating to the Condominium Law


Domestic Regulations
sr. Section measures mode remarks
1 8

Common lands and Condominiums shall be registered under this Law.

MODE 3 Domestic Regulations
2 9

The developer shall construct a Condominium only on the common land registered at the relevant office of the Registry of Deed.

MODE 3 Domestic Regulations
3 10

Land to be registered as the common land for the purpose of construction of a Condominium:

(a) shall have the right to be constructed as residential housing and shall be the type of land which may be transferred the ownership under any existing Law;

(b) shall have been transferred the ownership as the common land at the relevant office of the Registry of Deed by the landowner in possession;

(c) shall be in conformity with the urban planning criteria stipulated by the relevant government department or government organization;

(d) shall be at least twenty thousand square feet and above of the land area.

MODE 3 Domestic Regulations
4 13 (a)

A person desirous of working as a developer of the Condominium shall have a specified minimum amount of paid up capital and  apply to the relevant Administrative Committee in accordance with  stipulations in order to obtain  a business license.

MODE 3 Domestic Regulations
5 14 (a)

If the developer establishes a Condominium, he shall apply to the relevant Administrative Committee in accordance with stipulations attached layout plan of the land and building, common properties and fundamental par share value together with documents necessary to be the Common Land and the Condominium.

MODE 3 Domestic Regulations
6 15

The developer:

(a) shall construct the Condominium on the common land registered at the relevant Office of the Registry of Deed in accordance with stipulations, receiving the permit  issued under section 14;

(b) have the right to sell not more than forty percent of the Condominium units to foreigners in accordance with this Law;

(c) may establish the Condominium with the approval of the Union Government on the state-owned land or any land preserved by the government department or government organization or development committee or development organization on behalf of the State in accordance with this Law.

MODE 3 Domestic Regulations
7 16 (b)

The developer shall register the deed of establishment of the Condominium to the relevant registrar.

MODE 3 Domestic Regulations
8 16 (d)

The owner of the common land shall carry out to transform the title as a common land at the relevant Office of the Registry of Deed.

MODE 3 Domestic Regulations
9 18

If the construction of the Condominium is completed and residence permit has been obtained in accordance with the existing Law, the developer shall register the deeds and the documents of the establishment of the Condominium to the registrar.

MODE 3 Domestic Regulations
10 20

When transferring the registered unit by any of the following means, the transferor and the transferee shall register the transfer deed with the relevant registrar within thirty day from the date of  the transfer in accordance with the stipulations:

(a) gift, release and exchange;

(b) sale;

(c) transfer of ownership by an order or decree of a final and conclusive court.

MODE 3 Domestic Regulations
11 21 (a)(b)

The developer shall pay stamp duties specified under the Myanmar Stamp Act for the registered common land and the registered Condominium with the relevant registrar at the relevant Office of the Registry of Deed.

The person who has been transferred a unit by any means mentioned in section 20 shall pay the stamp duties specified under the Myanmar Stamp Act in the deed of transfer.

MODE 3 Domestic Regulations
12 22 (a)

When the deeds of transfer by any means mentioned in section 20 are registered:

the collective owner who has been transferred the unit shall pay the registration fees in accordance with the stipulations;

MODE 3 Domestic Regulations
13 23

The collective owner shall, after transferring his own unit by any means in section 20, pay the registration fees and fine specified by the relevant Administrative Committee if the deed of transfer is registered after the expiry of the specified period.

MODE 3 Domestic Regulations
14 25

The duties of the developer are as follows:

(a) constructing the Condominium only on the common land registered at the  relevant Office of the Registry of Deed;

(b) applying to  the relevant Administrative Committee to obtain the business licence in accordance with the stipulations, having the  specified minimum amount of paid up capital;

(c) carrying out for the extension of  the validity of business licence in accordance with the stipulations;

(d) registering the common land at the relevant Office of the Registry of Deed and the deed of establishment of Condominium to the relevant registrar;

(e) if he establishes Condominium, applying to the relevant Administrative Committee to obtain the permit in accordance with the stipulations, attached layout plan of the land and building, common properties and fundamental par share value together with documents necessary to be the Common Land and the Condominium;

(f) constructing the Condominium on the registered common land in accordance with the stipulations after receiving the permit;

(g) registering the deeds and the documents of the establishment of the Condominium to the registrar when the construction of the Condominium is completed and resident permit is obtained in accordance with the existing Laws;

(h) informing the particulars of the joint developer to the Administrative Committee;

(i) informing the relevant registrar at the time of selling the unit to the foreigner;

(j) selling unit to the foreigner only with the foreign currency legally transferred from abroad;

(k) ensuring to conform with the stipulated standard of Condominium and completely contain the stipulated Condominium facilities;

(l) paying stamp duty for registering the deed of the common land and the Condominium in accordance with the existing Laws;

MODE 3 Domestic Regulations
15 27

The duties of the collective owner are as follows. The collective owner shall:

(a) contribute the proportionally stipulated fund for the management and maintenance of the Condominium, according to the fundamental par share value and the collective owner shall also contribute the fund if the owner leases his own unit and unless otherwise agreed between lessor and lessee;

(b) collectively be responsible to preserve and safeguard for the sustainability, cleanness and security of the Condominium and common properties;

(c) inform the Executive Body on leasing, mortgaging and giving permission to someone for the occupation of his own unit;

(d) inform the Executive Body in advance in accordance with the stipulations before transferring a unit by any  transfer under section 20;

(e) be liable for any loss or damages to the Condominium or common properties caused by himself, his lessee, mortgagee in possession or a person occupying the unit by his permission, unless otherwise agreed with such persons;

(f) not affect the original design and the strength of the Condominium when renovation and minor repair are carried out in the interior of his own unit with the permission of the Executive Body.

(g) have the right to use unit by any other means with specific permission of the Executive Body.

MODE 3 Domestic Regulations
16 28

If it is desirous of reconstruction of a new after demolition of the whole or any part of the Condominium, such reconstruction may be carried out by resolution of seventy-five percent of the members in a plenary or a special plenary session of the members of the association.

MODE 3 Domestic Regulations
17 32

(a) The Condominium shall be demolished with the decision of the relevant Administrative Committee when  it is determined as a dangerous building by the relevant government authority.

(b) Reconstruction of the Condominium on the common land where the Condominium is demolished or use by other means shall be carried out in conformity with the stipulations.

MODE 3 Domestic Regulations
18 33

Whoever violates any prohibition or fails to comply with any duties in any rule, order and directive issued under this Law shall, on conviction, be punished with a fine from a minimum of one million Kyats to a maximum of five million Kyats.

MODE 3 Domestic Regulations
19 34

Whoever fails to register the deed of the transfer of the unit under section 20 shall, on conviction, be punished with a fine from a minimum of one million Kyats to a maximum of twenty five million Kyats.

MODE 3 Domestic Regulations
20 35

Whoever continuously commits any offence provided in sections 33 and 34 shall, after a prior conviction for the same offence, be punished with 10 percent of the maximum amount of fine stipulated for the respective offences for each day which he commits.

MODE 3 Domestic Regulations