CONSTRUCTION LAWIn Sri Lanka

Sources of Law

• Legislations• Case laws

Legislations

• Legislation (or "statutory law") is law which has been promulgated (or "enacted") by a legislature or other governing body.

• Construction industry legislations are promulgated by different parties.

• Sri Lankan Parliament• Urban Development Authority• Municipal Council• “Pradeshiya Saba”

Legislations

• Some of the common acts that govern the construction industry in Sri Lanka

•  Housing and Town Improvement Ordinance No. 19 of 1915 • Urban Development Authority (UDA) Law No 41 of 1978 • Town and Country Planning Ordinance No. 16 of 1946 Municipal

Council Ordinance and Urban Council Ordinance• Pradeshiya Sabaha’s Act of 1987 for protection of the environment.

Legislations

• Common aims of these legislations•  Protection of environment conservation • Utilization of natural resources• Promote planning of economic, social and physical

development and its implementation in the urban areas.• Disaster management • Rebuild human settlement and shelters where people are

affected by disasters.

Case Laws

• Definition-; Legal principles enunciated and embodied in judicial decisions that are derived from the application of particular areas of law to the facts of individual cases.

• Part of common law, consisting of judgments given by higher (appellate) courts in interpreting the statutes  applicable in cases brought before them.

Case Laws

•  Called precedents, they are binding on all courts (within the same jurisdiction) to be followed as the law in similar cases.

•  Over time, these precedents are recognized, affirmed, and enforced by the subsequent court decisions, thus continually expanding the common law.

Case laws

• In comparison, statute law is the body of acts enacted by a legislature, and civil law does not recognize any precedent. Also called judge-made law.

Case law 1

CANAGASINGHAM, Appellant, and URBAN COUNCIL • Situation-building an external wall in a plot of bare land

between the appellants house and another building known as the Mansion Hotel

• Existing law- un authorized alterations of buildings are prohibited unless they are done according to approved plans

Case Law 1

• . The wall the appellant has constructed has nothing to do with his building save that it touches it.

• The law does not prohibit the construction, of a wall across one's land.

• Decision- the accuse was not found guilty at the end.

Case Law 2

DE SILVA v. HARMANIS et al.• Situation- plaintiff (claimant) was entitled to an

undivided half of the land on which the house stood, but that the house was not built by him. The Court below held that the plaintiff was not entitled to the house, and dismissed his claim with costs. He appealed.

Case Law 2

•  Existing law- A house becomes the property of the owners of the soil on which it is built.

• Plaintiff did not build the house, and that the house is an

old house. If it be that the plaintiff has right to an undivided half of it, it does not appear to whom the other half of the land belongs

Case Law 2

• The claim was disallowed, and then he brought this action under section 247 to have it established that he had right to the house " by right " of construction about five years ago." 

• plaintiff is entitled to an undivided one-half of the land described in the plaint, including the house standing thereon.

Case Law 3

SEGO MADAR v. MAKEEN.• Situation-construction of a new house after demolishing

the old one and in doing so encroached on a small strip of bare land belonging to the plaintiff. Plaintiff requested for an injunction to compel the defendant to remove the building and restore the strip of land.

Case Law 3

• Plaintiff claimed, however, an injunction to compel the defendant to remove the building and restore the strip of land.

• English Equity and the Roman-Dutch law, is that an injunction of this sort should not be granted- if the plaintiff can be compensated in damages.

• Decision- not to initiate the injunction but to compensate the plaintiff

Case 4

• Back ground; owner of a house mortgaged it and afterwards sold it to the defendant subject to the mortgage. The mortgagee sued on the mortgage bond and obtained judgment; and under a writ issued in execution of the judgment, the house was sold and bought by the plaintiffs on February .

Case 4

• .Existing law; If the rate is not paid, a warrant is, by section 149, to issue to levy it by seizure and sale of all the movable and immovable property of " the proprietor " of the premises and of all movable property to whomsoever belonging which is found on the premises.

• Decision- that the plaintiffs can recover the rate for the second quarter from the defendant.

Act 1

APARTMENT OWNERSHIP LAW ACT

• Original act-1973• Amendments

• Act No. 45 of 1982,• Act No. 4 of 1999• Act No. 39 of 3003 

Act 1

• Background-; According to the Common Law of Sri Lanka, a building constructed on a land would be the property of the owner of the land

• With the population increase and the limitations of resources the apartment concept or multi storied houses came up as a result of urbanization.

Act 1

• Defines three types of properties property • A “Condominium Property” is any building erected on

alienated land held as one land parcel and capable of being subdivided into parcels.

• A “Provisional Condominium Property” is any building erected on alienated land held as one land parcel and capable of being subdivided into parcels.

• A “Semi Condominium Property” is any building on alienated land held as one land parcel, on which there are more than one completed condominium parcels fit for human habitation. 

Act 1

• Result-This act finally resulted in enabling the division of ownership of different buildings parts in the same land to different people deviating from the original law which stated that the land lord of any land was given the ownership of the building properties which it held too.

Act 2

Regional Infrastructure Development LevyAct, No 51 of 2006

An act to provide for the imposition of a levy to be called the regional infrastructure development

Provisions of this Act shall for all purposes be deemed to have come into operation on November 17, 2006.

Customs shall transmit to the Consolidated Fund, all sums recovered by the general director..

Respective relevant authorities are indemnified from any action, civil or criminal. 

Act 3

Coast Conservation ActEstablished to fulfil the necessity of coastal resources

management.Decreed the appointment of a director of coast conservation

with,• Administration and implementation of the provisions,• Formulation and execution of schemes of the work for coast

conservation within the Coastal Zone, • Conduct of research, in collaboration with other Departments,

Agencies and Institutions for the purpose of coast conservation.

Act 3

Prepared a coastal zone management plan and aimed to • Identify coastal problems • Indicate why these problems are important• Present management program to address these problems• Identify what should be done to reduce the scope and

magnitude of the coastal problems• Identify research activities.

Act 4

• two hundred thousand rupees accruing for, or arising in, any year of assessment ending prior to April 1, 2011

• five hundred thousand rupees accruing for, or arising in, any year of assessment commencing on or after April 1, 2011, to any individual

Regulation of the Insurance Industry Act, No. 43 of 2000

Act 4

• Exemption from income tax of the profits and income of any undertaking for fishing. Insertion of new sections 16A, 16B and 16C in the principal enactment

• exemption granted under subsection shall be applicable to that undertaking, on the profits and income computed on the basis of such deemed sale.

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