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Common Leasehold Schemes Act, 1994

This section says the Act may be cited as the Common Leasehold Schemes Act. This section defines key terms used in the Act. Land registered in the Lands Register may be divided into units by registering a common…

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Jurisdiction
Zambia
Structure
44 provisions
Citation
Act 39 of 1994
Dates
As at 31 Dec 1996
More statute details
Dates
As at 31 Dec 1996

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01

Purpose and legislative effect

“This section says the Act may be cited as the Common Leasehold Schemes Act.”

This section says the Act may be cited as the Common Leasehold Schemes Act. This section defines key terms used in the Act. Land registered in the Lands Register may be divided into units by registering a common leasehold scheme. A registered proprietor may apply to register a common leasehold scheme, but the Registrar must be satisfied the application meets the Act, and the scheme cannot be registered unless each prospective unit has an identifying number. A proposed common leasehold scheme must include specified land, boundary, unit, and address details, and it must divide the parcel into at least two units.

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Showing 44 of 44 provisions

Provision 36Amendment 4Short title 2Interpretation 2

Part

Part I – Preliminary

§ 1Short title .................................................................................................................................................................................................... 1Short title

This section says the Act may be cited as the Common Leasehold Schemes Act.

1. Short title This Act may be cited as the Common Leasehold Schemes Act.
Section 1Verify source
§ 2Interpretation ............................................................................................................................................................................................. 1Interpretation

This section defines key terms used in the Act.

2. Interpretation 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 eight; "Certificate of Title" means a Certificate of Title or Provisional Certificate within the meaning of the Lands and Deeds Registry Act; [Cap. 185] "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; [Cap. 185] "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; [Cap. 185] "remainder" means the remainder of phased development referred to in section seventeen; "special resolution" means a special resolution of the unit-holders made in accordance with the by-laws of the body corporate; By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 1 Common Leasehold Schemes Act, 1994 (Chapter 208) Zambia "Tribunal" means the Lands Tribunal established by the Lands Act; [Cap. 184] "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 five. Part II – Common leasehold scheme
Section 2Verify source

Part

Part II – Common leasehold scheme

§ 3Land may be subdivided by registering a common leasehold scheme ................................................................................ 2Provision

Land registered in the Lands Register may be divided into units by registering a common leasehold scheme.

3. Land may be subdivided by registering a common leasehold scheme (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.
Section 3Verify source
§ 4Method of registration ........................................................................................................................................................................... 2Provision

A registered proprietor may apply to register a common leasehold scheme, but the Registrar must be satisfied the application meets the Act, and the scheme cannot be registered unless each prospective unit has an identifying number.

4. Method of registration (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 caves, 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; By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 2 Common Leasehold Schemes Act, 1994 (Chapter 208) Zambia (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.
Section 4Verify source
§ 5Content of a common leasehold scheme ....................................................................................................................................... 3Amendment

A proposed common leasehold scheme must include specified land, boundary, unit, and address details, and it must divide the parcel into at least two units.

5. Content of a common leasehold scheme (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 twelve 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; [Cap. 185] (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) (e) (f) (g) include a plan illustrating the units and stating for each the identity number provided by the Surveyor-General; 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; specify the unit entitlement of each unit, being a whole number, and state the sum of the unit entitlements of all the units; state a physical or postal address of the body corporate for the purpose of service of notices under section twenty-seven; 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. By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 3 Common Leasehold Schemes Act, 1994 (Chapter 208) Zambia (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 subsection (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
Section 5Verify source
§ 6Easements between units ..................................................................................................................................................................... 4Provision

Each unit-holder gets easements for support, shelter, and certain services through other units and the common property, and may enter the servient tenement to deal with shelter.

6. Easements between units (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 (b) as against the unit-holder and to which his unit shall be subject, an easement for the shelter of the common property and of every other unit capable of enjoying shelter. (3) The easement of shelter created by this section shall entitle the unit-holder of the dominant tenement to enter on the servient tenement to replace, renew or restore any shelter. (4) All ancillary rights and obligations reasonably necessary to make them effective shall belong to easements implied or created by this Act.
Section 6Verify source
§ 7Ownership of common property ......................................................................................................................................................... 4Provision

Common property under a common leasehold scheme is held by the unit-holders as tenants in common, and the Registrar must certify each unit-holder’s share on the title.

7. Ownership of common property (1) The common property under a common leasehold scheme shall be held by the unit-holders of the units as tenants in common in shares proportional to the unit entitlements of their units. (2) The Registrar shall, in the Certificate of Title to a unit, certify the share of the unit-holder in the common property. By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 4 Common Leasehold Schemes Act, 1994 (Chapter 208) Zambia (3) Except where a common leasehold scheme is varied in accordance with this Act— (a) no share in the common property may be disposed of except as appurtenant to the unit of the unit-holder concerned; and (b) an assurance of a unit shall operate to assure the share of the disposing party in the common property, without express reference thereto. Part III – The body corporate under a common leasehold scheme
Section 7Verify source

Part

Part III – The body corporate under a common leasehold scheme

§ 8Unit-holders become incorporated on registration ..................................................................................................................... 5Provision

When a common leasehold scheme is registered, the unit-holders become a body corporate.

8. Unit-holders become incorporated on registration (1) Upon the registration of a common leasehold scheme, the unit-holders shall constitute a body corporate with perpetual succession and a common seal. (2) Where the common leasehold scheme is a phased development, the members of the body corporate shall be the unit-holders of the completed units. (3) The name of the body corporate shall be "The Owners of Common Leasehold Scheme Number [registration number of the parcel]", or such other name as may be specified in the common leasehold scheme or adopted by the body corporate with the approval of the Registrar. (4) The body corporate— (a) may sue and be sued on any contract made by it; (b) may sue for and in respect of any damage or injury to the common property caused by any person, whether a unit-holder or not; (c) may be sued in respect of any matter connected with the parcel for which the unit-holders are jointly liable; and (d) shall not be subject to the Companies Act, 1994. [Cap. 388] (5) The body corporate may use a rubber stamp as its common seal in place of an impress seal, and any document on which the stamp is used shall be as valid for all purposes as if it had been sealed.
Section 8Verify source
§ 9Incorporation has effect of contract under seal ........................................................................................................................... 5Provision

The body corporate and its members have the same rights and obligations between themselves as if they were parties to a contract under seal.

9. Incorporation has effect of contract under seal The body corporate and its members from time to time shall have the same rights and obligations among themselves as they were all party to a contract under seal providing that the activities of the members and the body corporate will be conducted in accordance with the common leasehold scheme, the by-laws of the body corporate and this Act.
Section 9Verify source
§ 10Powers and duties of the body corporate .................................................................................................................................... 5Provision

The body corporate must follow the Act and its by-laws, manage and insure the common property, raise and collect contributions, respond to authority notices, and certify contribution details on request.

10. Powers and duties of the body corporate (1) The body corporate shall be governed by this Act and the by-laws of the body corporate. (2) the body corporate shall— (a) enforce the by-laws; (b) control and manage the common property; (c) insure and keep insured the buildings to the replacement value thereof against fire and such other risks as may be prescribed, unless the unit-holders by unanimous resolution decide otherwise; (d) effect such insurance as it is required by law to effect; By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 5 Common Leasehold Schemes Act, 1994 (Chapter 208) Zambia (e) (f) insure against such other risks as the proprietors may from time to time determine by special resolution; subject to any order of the Lands Tribunal, forthwith apply insurance moneys received by it in respect of damage to the buildings in rebuilding and reinstating the building so far as that may lawfully be effected; (g) pay the premiums on any policies of insurance effected by it; (h) comply with notices and orders of any competent public or local authority requiring repairs to, or work to be done in respect of, the parcel or building, or anything in, on or over it; (i) comply, or ensure compliance, with any conditions under which the parcel is held; and (j) comply with any reasonable request for the names and addresses of the persons who are members of the body corporate or of its board. (3) For the purposes of effecting any insurance referred to in subsection (2), the body corporate shall be deemed to have an insurable interest— (a) in the buildings on the parcel to the replacement value thereof; and (b) in the subject matter of any other insurance referred to. (4) The body corporate shall— (a) establish a fund for administrative expenses sufficient in the opinion of the body corporate for the control and management of the common property, for the payment of any premiums of insurance and the discharge of any other obligation of the body corporate; (b) determine from time to time the amounts to be raised for those purposes; (c) (d) raise the amounts so determined by levying contributions on the unit-holders in proportion to the unit entitlements of their respective units; and recover from any unit-holder, if necessary by action in a court of competent jurisdiction, any sum of money expended by the body corporate for repairs or work done by it or at its direction in complying with any notice or order of a competent public or local authority in respect of the unit concerned. (5) Subject to subsection (4), any contributions to be levied by the body corporate shall be due and payable on the passing of a resolution to that effect and in accordance with the terms of the resolution, and may be recovered by the body corporate by action in any court of competent jurisdiction jointly and severally from the unit-holder entitled at the time when the resolution was passed and the unit-holder at the time when the action is instituted. (6) The body corporate shall, on the application of a unit-holder or a person authorised in writing by him, certify— (a) the amount of any contributions due or payable by the unit-holder; (b) the manner in which the contribution is payable; and (c) the extent to which the contribution has been paid by the unit-holder. (7) A certificate under subsection (6) shall, in favour of any person dealing with that unit-holder (including a person who purchases an interest in the unit from the unit-holder) be conclusive evidence of the matters certified.
Section 10Verify source
§ 11By-laws of the body corporate ......................................................................................................................................................... 6Amendment

This section says which by-laws apply to a body corporate, when they may be amended, and when an amendment becomes effective.

11. By-laws of the body corporate (1) the By-laws contained in Part I of the Schedule shall be by-laws of every body corporate. By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 6 Common Leasehold Schemes Act, 1994 (Chapter 208) Zambia (2) The by-laws contained in Part II of the Schedule shall be by-laws of every body corporate unless amended in the common leasehold scheme or by the body corporate. (3) By-laws set out in common leasehold scheme on its registration, being consistent with this Act and Part I of the Schedule, shall be by-laws of the body corporate on its incorporation. (4) A body corporate may amend its by-laws in accordance with this Act and its by-laws. (5) A purported by-law inconsistent with this Act or with Part I of the Schedule shall be void to the extent of the inconsistency. (6) Where the body corporate resolves to amend its by-laws, the body corporate shall forthwith lodge a copy of the resolution with the Registrar for registration, and the resolution shall not have effect before the day of lodgment.
Section 11Verify source

Part

Part I of the Schedule, shall be by-laws of the body corporate on its incorporation.

§ 12Body corporate may enforce certain by-laws directly on occupiers of units ................................................................... 7Provision

A body corporate may enforce certain by-laws directly against an occupier of a unit when the by-law restricts use or enjoyment and there is non-compliance.

12. Body corporate may enforce certain by-laws directly on occupiers of units Where a by-law under a common leasehold scheme places restrictions on the manner of use or enjoyment of units or of the common property, and the occupier or a unit fails to comply with the by-law, the body corporate shall have power to enforce the by-law directly against the occupier as if he were the unit- holder.
Section 12Verify source
§ 13Creation of easements and covenants ........................................................................................................................................... 7Provision

Unit-holders can unanimously direct the body corporate to handle easements or restrictive covenants for the parcel, and the body corporate can execute and lodge the relevant instruments for registration.

13. Creation of easements and covenants (1) The unit-holders under a common ownership scheme may, by unanimous resolution, direct the body corporate— (a) (b) to execute on their behalf a grant of easement or a restrictive covenant burdening the parcel; and to accept or surrender on their behalf a grant of easement or a restrictive covenant benefiting the parcel. (2) When such a resolution is passed, the body corporate or, in the case of a phased development, the body corporate and the Registered Proprietor of the remainder, shall be competent to execute the appropriate instruments in relation to the parcel and to lodge them for registration.
Section 13Verify source
§ 14Appointment of administrator .......................................................................................................................................................... 7Provision

The Tribunal may appoint an administrator on cause shown, and may later remove or replace the administrator.

14. Appointment of administrator (1) The body corporate, a creditor of the body corporate, or any person having an interest in a unit may apply to the Tribunal for the appointment of an administrator. (2) The Tribunal may, on cause shown, appoint an administrator for a definite or indefinite period on such terms and conditions as to remuneration or otherwise as it thinks fit. (3) The remuneration and expenses of the administrator shall be payable out of the funds of the body corporate for administrative purposes. (4) The administrator shall have, to the exclusion of the body corporate, the powers and duties of the body corporate or such of those powers and duties as the Tribunal may order. (5) The Tribunal may, on the application of the administrator or any person referred to in subsection (1), remove or replace the administrator.
Section 14Verify source
§ 15Remedy for oppression ........................................................................................................................................................................ 7Provision

A unit-holder or lawful occupier affected by oppressive or proposed oppressive conduct may apply to the Tribunal for relief.

15. Remedy for oppression (1) A unit-holder or the lawful occupier of a unit under a common leasehold scheme who is aggrieved by an action, or proposed action, by the body corporate or the unit-holders of other units may apply to the Tribunal for relief. By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 7 Common Leasehold Schemes Act, 1994 (Chapter 208) Zambia (2) The Tribunal may, if it is satisfied that the actions or proposed actions are or would be oppressive toward the unit-holder concerned, make such orders as seem to it just and reasonable to resolve the matter, including orders for the appointment of an administrator or the variation or termination of the common leasehold scheme. Part IV – Phased developments
Section 15Verify source

Part

Part IV – Phased developments

§ 16Phased developments .......................................................................................................................................................................... 8Provision

A phased development cannot be registered unless enough units are already complete and serviced, and the filing includes plans and a completion timetable.

16. Phased developments (1) A proposed phased development shall not be registered unless, when the application is lodged, not fewer than twenty-five per centum of the total number of units or eight units, whichever is fewer, are structurally complete and provided with services, together with sufficient of the common property and its buildings and fixtures to allow the reasonable enjoyment of the common property by the holders of those units. (2) The proposed phased development shall contain— (a) detailed building plans of the unfinished buildings and fixtures; and (b) a timetable for their completion covering not more than two years, or such longer period as the Registrar may approve if he considers it justified in the circumstances.
Section 16Verify source
§ 17Certificates of Title in phased developments .............................................................................................................................. 8Provision

The Registrar must issue title certificates for completed units and the remainder in a phased development, and may later issue new certificates when enough units in the remainder are completed.

17. Certificates of Title in phased developments (1) On registering a phased development, the Registrar shall issue a separate Certificate of Title for each of the completed units, together with a Certificate of Title for the remainder of the parcel. (2) The remainder may devolve or be transferred, leased, mortgaged or otherwise dealt with in the same manner and form as if it were a piece of land registered in the Lands Register. (3) When units contained in the remainder amounting to not fewer than twenty-five per centum of the whole or eight units or the remaining units, whichever is fewest, are structurally complete and provided with services, together with sufficient of the common property and its buildings and fixtures to allow the reasonable enjoyment of the common property by the holders of those units, the Registered Proprietor of the remainder may apply for the issue of Certificates of Title for those units. (4) The application shall be accompanied by the Certificate of Title for the remainder and a certificate relating to the completed units of the kind required under subsection (2) of section four. (5) If the Registrar is satisfied that the application conforms to this Act, he shall— (a) cancel the Certificate of Title to the remainder; and (b) issue Certificates of Title for each newly completed unit, together with a Certificate of Title for the new remainder if any units remain uncompleted.
Section 17Verify source
§ 18Obligations of Registered Proprietor of remainder ................................................................................................................... 8Provision

The registered proprietor of a remainder under a phased development must finish the buildings and fixtures according to the approved building plans and timetable.

18. Obligations of Registered Proprietor of remainder (1) The Registered Proprietor of a remainder under a phased development shall complete the buildings and fixtures in accordance with the building plans and the timetable of the phased development. (2) The Registered Proprietor for the time being of a remainder shall be deemed to have contracted with each unit-holder to comply with subsection (1). By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 8 Common Leasehold Schemes Act, 1994 (Chapter 208) Zambia (3) Where a person has contracted with the Registered Proprietor of the remainder to purchase a specified unit on its completion in accordance with the timetable under the phased development, and the contract is registered under this Act— (a) (b) the Registered Proprietor for the time being of the remainder, or of a subsequent remainder that includes the unit concerned, shall be deemed to be a party to the contract; and if the Registered Proprietor fails to comply with subsection (1), the other party to the contract may terminate the contract and require the repayment of any moneys paid under the contract together with interest at the prevailing bank deposit rate.
Section 18Verify source
§ 19Provision of services in a phased development ......................................................................................................................... 9Provision

A phased development may set the registered proprietor of the remainder as agent for maintenance or services, and must set maximum charges or a calculation method if it does so.

19. Provision of services in a phased development (1) A phased development may provide that the Registered Proprietor of the remainder shall be the agent of the body corporate in all or specified aspects of the maintenance of or the provision of services to the common property of the completed units until the whole of the buildings and fixtures are completed. (2) Where it so provides, the phased development shall specify the maximum amounts, or a method of calculating the maximum amounts, to be charged to the body corporate for the maintenance or services, and the Registered Proprietor shall not be entitled to more than the amount so specified or calculated. Part V – Variation and termination of a common leasehold scheme
Section 19Verify source

Part

Part V – Variation and termination of a common leasehold scheme

§ 20Variation of common leasehold scheme by common consent .............................................................................................. 9Provision

A body corporate must apply to vary a common leasehold scheme after the required unanimous resolution, and the application must include specified documents and details.

20. Variation of common leasehold scheme by common consent (1) On the passing of a unanimous resolution of the unit-holders under a common leasehold scheme approving a specified variation to the scheme, together with, where the scheme is a phased development, the agreement in writing of the Registered Proprietor of the remainder and of each party to a registered contract for the purchase on completion of an uncompleted unit, the body corporate shall lodge an application for the variation. (2) The application shall be accompanied by the resolution and the agreements in writing, if any. (3) The application shall specify the variation to the satisfaction of the Registrar. (4) The variation shall not be registered if the common leasehold scheme is varied would not comply with this Act. (5) Where the variation proposes new buildings for the creation of further units, the common leasehold scheme as varied shall be treated as if it were a phased development, with the existing unit-holders being tenant-in-common of the remainder in shares proportional to the unit entitlements of their units unless the variation provides otherwise.
Section 20Verify source
§ 21Termination of a common leasehold scheme by common consent .................................................................................... 9Provision

A common leasehold scheme that is not a phased development may be terminated if the unit-holders unanimously resolve to terminate it.

21. Termination of a common leasehold scheme by common consent (1) A common leasehold scheme, not being a phased development, may be terminated under this section if the unit-holders pass a unanimous resolution for its termination. (2) On the passing of such a resolution, the body corporate shall wind up its affiars and pay off its debts. (3) On the passing of a unanimous resolution that the body corporate has satisfactorily wound up its affairs and has no debts outstanding, the body corporate shall lodge with the Registrar— (a) the resolution that the common leasehold scheme be terminated; (b) the resolution that the body corporate has satisfactorily wound up its affairs and has no debts outstanding; By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 9 Common Leasehold Schemes Act, 1994 (Chapter 208) Zambia (c) a certificate signed by a registered accountant having a practice certificate issued by the Zambia Institute of Certified Accountants under the Accountants Act, 1982, that he has examined the affairs of the body corporate and is satisfied that no debts are outstanding; and [Cap. 390] (d) the Certificate of Title of each unit. (4) On the registration of the documents— (a) the common leasehold scheme shall be terminated and the Registrar shall enter that fact in the register; (b) the body corporate shall be dissolved; (c) unless the resolution for termination provides otherwise, the unit-holders shall become tenants in common of the undivided parcel with shares in proportion to the unit entitlements of the units that each held before the scheme was terminated; and (d) the Registrar shall cancel the Certificates of Title and shall issue a new Certificate of Title for the parcel. (5) Where the body corporate was dissolved having outstanding debts, each unit-holder shall be personally liable for an amount of each debt having the same proportion to the whole of the debt as his unit entitlement had to the aggregate of unit entitlements of all the units.
Section 21Verify source
§ 22Variation or termination of a common leasehold scheme by order of the Tribunal ................................................... 10Provision

The Tribunal may, on application, settle arrangements for a common leasehold scheme and may make related orders; an insurer with relevant insurance has a right to appear.

22. Variation or termination of a common leasehold scheme by order of the Tribunal (1) On the application of the body corporate, a unit-holder or a registered mortgagee of a unit under common leasehold scheme, the Tribunal may by order settle an arrangement of the interests of the unit-holders and other interested parties which may include provisions— (a) for a variation in the scheme, including the removal of all or part of the buildings on the parcel or the construction of further buildings and the alteration, removal or creation of units; (b) for the reinstatement in whole or in part of a damaged or destroyed building; (c) for the re-assignment among the unit-holders of their interests in units or in the parcel; or (d) for the winding up of the body corporate and the termination of the scheme. (2) In the exercise of its powers under this section, the Tribunal may make such orders as it considers expedient or necessary for giving effect to its orders, including orders— (a) directing the Registrar to register variations to the scheme or to terminate the scheme and to recall or issue appropriate Certificates of Title; (b) directing the application of insurance moneys received by the body corporate or by unit- holders or by some one or more of them; (c) directing the payment of money by the body corporate or by unit-holders or by some one or more of them; or (d) imposing such terms and conditions as the Tribunal considers just. (3) On an application to the Tribunal under this section, an insurer who has effected insurance on a building under the common leasehold scheme or part thereof, being insurance against destruction of units or damage to the buildings shall have the right to appear on the application in person or by counsel. (4) The Tribunal may from time to time vary an order made by it under this section. By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 10 Common Leasehold Schemes Act, 1994 (Chapter 208) Zambia Part VI – Miscellaneous
Section 22Verify source

Part

Part VI – Miscellaneous

§ 23Taxes and statutory charges on land .......................................................................................................................................... 11Provision

Land rates and taxes apply to each unit in a common leasehold scheme as if each unit were land on the Lands Register; certain non-tax statutory charges are instead apportioned as like charges on each unit.

23. Taxes and statutory charges on land (1) A law imposing a rate or tax on land shall apply to each unit under a common leasehold scheme as if it were a piece of land on the Lands Register. (2) Where any sum due to a public or local authority, not being a rate or tax, is a statutory charge on all or any part of the parcel of land under a common leasehold scheme, the authority shall have, instead of that charge, a like charge on each unit of an amount bearing the same proportion to the amount of that charge as the unit entitlement of the unit bears to the aggregate unit entitlements of all the units.
Section 23Verify source
§ 24Powers of entry by public or local authority ............................................................................................................................ 11Provision

A public or local authority, or a person authorised by it, may enter another part of a parcel covered by a common leasehold scheme if that is necessary or expedient to exercise an existing statutory power to enter part of the parcel.

24. Powers of entry by public or local authority Where a public or local authority or person authorised by it has a statutory power to enter any part of the parcel covered by a common leasehold scheme, that authority or person shall have power to enter any other part to the extent necessary or expedient for it or him to exercise its or his statutory power.
Section 24Verify source
§ 25Voting ....................................................................................................................................................................................................... 11Provision

A unit-holder’s voting right may be exercised by the guardian if the unit-holder is a minor, or by a person authorised by the unit-holder, law, or a court order.

25. Voting (1) Where a voting right is conferred on a unit-holder by or under this Act, the right may be exercised— (a) by the guardian of the unit-holder; where the unit-holder is a minor; (b) by any person lawfully authorised by the unit-holder to do so; or (c) by any person who, by the operation of law or by an order of a court is authorised to control the property of the unit-holder.
Section 25Verify source
§ 26Service of documents ........................................................................................................................................................................ 11Provision

This section says how a document may be served on a body corporate under a common leasehold scheme, and that a court still has power to direct service in legal proceedings.

26. Service of documents (1) A document may be served on the body corporate under a common leasehold scheme by— (a) leaving it at the physical address registered as the address of the body corporate; or (b) personal service on a unit-holder. (2) A document sent by post to the registered postal address of the body corporate shall be deemed to have been served on the company if it is proved, by a receipt issued or otherwise, that the document or a post office notification of the document, was delivered to the registered postal address. (3) Nothing in this section shall detract from the power of any court to direct how service shall be effected of any document relating to legal proceedings before the court.
Section 26Verify source
§ 27Regulations ............................................................................................................................................................................................. 11Provision

The Minister may make regulations by statutory instrument on matters this Act requires or allows to be prescribed, including application documents and fees or charges.

27. Regulations (1) The Minister may, by statutory instrument, make regulations for or with respect to any matter that by this Act is required or permitted to be prescribed, or that is necessary or convenient to be prescribed for carrying out or giving effect to this Act. (2) Without limiting the generality of subsection (1), such regulations may be made on— (a) (b) the form, including the number of copies, and content of any application or other document required for the purposes of this Act; and the payment of fees and charges in respect of any matter or anything done or supplied under this Act. By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 11 Common Leasehold Schemes Act, 1994 (Chapter 208) Zambia Schedule (Sections 5 and 11) By-laws of a body corporate Part I – Mandatory by-laws
Section 27Verify source

Part

Part I – Mandatory by-laws

§ 1Short title .................................................................................................................................................................................................... 1Short title

The body corporate may not alter the by-laws under this part.

1. This part is mandatory The by-laws under this part may not be altered by the body corporate.
Section 1Verify source
§ 2Interpretation ............................................................................................................................................................................................. 1Interpretation

This section defines “the Act” as the Common Leasehold Schemes Act (Cap. 208) and says terms used in these by-laws and in the Act have the same meaning as in the Act, unless the context otherwise requires.

2. Interpretation In these by-laws, unless the context otherwise requires— (a) "the Act" means the Common Leasehold Schemes Act (Cap. 208); and (b) a term used in these by-laws and in the Act has the same meaning as in the Act.
Section 2Verify source
§ 3Land may be subdivided by registering a common leasehold scheme ................................................................................ 2Amendment

The body corporate may make by-laws, so long as they are not inconsistent with the Act or Part I of the by-laws.

3. By-laws The body corporate may make by-laws not inconsistent with the Act or Part I of these by-laws by means of — (a) a unanimous resolution, in the case of a by-laws that amends Part II of these by-laws; or (b) a special resolution, in any other case.
Section 3Verify source
§ 4Method of registration ........................................................................................................................................................................... 2Provision

A unit-holder must let the body corporate enter the unit on notice for inspection, maintenance, repairs, renewal, or by-law checks, and must also keep the unit repaired, pay chargeable amounts, avoid nuisance, and notify the body corporate about tenancy, interest, or use changes.

4. Duties of a unit-holder A unit-holder shall— (a) permit the body corporate and its agents, at all reasonable times on notice (except in case of emergency when no notice shall be required) to enter his unit for the purpose of inspecting it and maintaining, repairing or renewing— (i) the common property; and (ii) all pipes, wires, cables and ducts existing in the unit and capable of being used in connection with enjoyment of any other unit or the common property; or for the purpose of ensuring that the by-laws are being observed; (b) forthwith carry out all work that may be ordered by any competent public or local authority in respect of his unit, other than such work as may be for the benefit of the parcel generally, and pay all rates, taxes, charges, outgoings and assessments that may be chargeable in respect of his unit; (c) keep his unit in a state of good repair, reasonable wear and tear and damage by fire, storm or act of God excepted; (d) use and enjoy the common property in such a manner as not unreasonably to interfere with the use and enjoyment thereof by the lawful occupier of any other unit; (e) not use his unit or permit it to be used in a manner or for a purpose that causes a nuisance to the lawful occupier of any other unit; (f) not use his unit or permit it to be used for any purpose that may be injurious to the reputation of the parcel; (g) notify the body corporate forthwith upon any change of tenancy or of any transfer of an interest in his unit; and By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 12 Common Leasehold Schemes Act, 1994 (Chapter 208) Zambia (h) notify the body corporate forthwith upon any change of use of his unit.
Section 4Verify source
§ 5Content of a common leasehold scheme ....................................................................................................................................... 3Provision

The body corporate must manage and maintain the common property and provide insurance documents on written request.

5. Duties of the body corporate The body corporate shall— (a) control and manage the common property for the benefit of all unit-holders; (b) keep in a state of good and serviceable repair and properly maintain the common property, including fixtures and fittings; (c) maintain, repair and, where reasonably necessary, replace pipes, wires, cables and ducts for the time being existing in the parcel and capable of being used in connection with the enjoyment of the common property or of more than one unit; and (d) on the written request of the unit-holder or registered mortgagee of a unit, produce the current policy or policies of insurance effected by the body corporate, and the receipt or receipts for the premiums in respect thereof.
Section 5Verify source
§ 6Easements between units ..................................................................................................................................................................... 4Provision

The body corporate may take a range of actions to manage common property, including buying property, borrowing and securing money, investing funds, making service agreements, granting use rights, hiring staff, delegating powers, and doing things needed to enforce by-laws.

6. Powers of the body corporate The body corporate may— (a) purchase, hire or otherwise acquire personal property for use by unit-holders in connection with their enjoyment of common property; (b) borrow money required by it in the performance of its duties or the exercise of its powers; (c) secure the repayment of money borrowed by it, and the payment of interest thereon, by negotiable instrument, or mortgage of unpaid contribution (whether imposed or not), or mortgage of any property vested in it, or by combination of these methods; (d) invest as it considers fit any money in the fund for administrative expenses; (e) make an agreement with the unit-holder or occupier of any unit for the provision of amenities or services by it to that unit or to the unit-holder or occupier; (f) grant to a unit-holder the right to exclusive use and enjoyment of common property, or special privileges in respect thereof, such a grant being determinable on reasonable notice unless the body corporate by unanimous resolution resolves otherwise; (g) employ such agents and servants as it considers desirable or necessary in connection with the control and management of the common property, and the exercise and performance of the powers and duties of the body corporate; (h) delegate to one or more of its members such of its powers and duties as it thinks fit, and at any time withdraw the delegation; and (i) do all things reasonably necessary for the enforcement of the by-laws and the management of the common property.
Section 6Verify source
§ 7Ownership of common property ......................................................................................................................................................... 4Provision

The body corporate must not borrow money or give security unless it does so in accordance with a special resolution.

7. Restrictions on borrowing The body corporate shall not borrow money or grant any security except in accordance with a special resolution.
Section 7Verify source
§ 8Unit-holders become incorporated on registration ..................................................................................................................... 5Provision

Unit-holders must hold an initial general meeting within 3 months after incorporation, hold an annual general meeting each calendar year, give 14 days’ notice, and allow certain people to convene meetings.

8. General meetings of the unit-holders (1) A general meeting of the unit-holders shall be held within three months after their incorporation. By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 13 Common Leasehold Schemes Act, 1994 (Chapter 208) Zambia (2) A general meeting, to be called the annual general meeting, shall be held once in each calendar year, and so that there is not more than fifteen months before the first annual general meeting or between annual general meetings. (3) Other general meetings, called extraordinary general meetings, may be held at any time. (4) The board, if there is one, may convene a general meeting at any time. (5) Eight unit-holders, or the holders of units with one quarter or more of the total unit entitlement of the units, whichever is fewer, may convene a general meeting at any time. (6) Fourteen days notice of every general meeting shall be given to all unit-holders and registered first mortgagees who have notified their interest to the body corporate, specifying the place and time of the meeting and, where any business is proposed other than the consideration of accounts and election of board members at an annual general meeting, the general nature of the business. (7) Proceedings at a general meeting shall not be invalidated only because of an accidental omission to give notice to, or failure to receive notice by, a unit-holder or first mortgage holder.
Section 8Verify source
§ 9Incorporation has effect of contract under seal ........................................................................................................................... 5Amendment

A unit-holder may tell the body-corporate that someone is the occupier of the unit, and that occupier gets notice of and may attend certain by-law amendment meetings but cannot vote.

9. Right of occupiers to attend certain meetings (1) A unit-holder may notify the body-corporate that a specified person is the occupier for the time being of the unit. (2) Where it is proposed to amend the by-laws in a way that would vary the restrictions on the manner of use or enjoyment of units or of the common property, a person so specified shall have the right— (a) to receive notice of the meeting and the proposal in the same manner as a unit-holder; and (b) to attend the meeting and be heard on that matter only, but not to vote.
Section 9Verify source
§ 10Powers and duties of the body corporate .................................................................................................................................... 5Provision

This section sets the rules for how unit-holder general meetings are run, including electing a chairman, quorum, adjournment, and voting.

10. Procedure at general meetings of the unit-holders (1) At the beginning of each general meeting, the meeting shall elect a chairman for the meeting. (2) No business may be transacted at a general meeting unless a quorum is present. (3) One half of the unit-holders, holding at least one half of the unit voting rights, present in person or by proxy shall constitute a quorum. (4) If a quorum is not present within half an hour after the time appointed for the meeting, the meeting shall stand adjourned to the next week, on the same day, at the same time and at the same place. (5) The chairman may, with the consent of the meeting, adjourn the meeting from time to time and from place to place. (6) No business may be transacted at an adjourned meeting other than the business left unfinished at the meeting from which the adjournment took place. (7) If a quorum is not present within half an hour after the time appointed for an adjourned meeting, the persons present and entitled to vote shall constitute a quorum. (8) At a general meeting, a resolution shall be passed if it is passed as an ordinary resolution, except where it is otherwise required by or under the Act. (9) At a general meeting, a vote shall be taken on a resolution by a show of hands unless a poll is required by these by-laws or demanded by any unit-holder present in person or by proxy. (10) If no poll is demanded, a declaration by the chairman that the resolution has been passed or failed to pass on a show of hands shall be conclusive evidence of the fact declared. (11) A demand for a poll may be withdrawn. By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 14 Common Leasehold Schemes Act, 1994 (Chapter 208) Zambia (12) The chairman shall determine the manner of taking a poll, and the result of a poll shall be deemed to be the resolution of the meeting at which the poll was demanded.
Section 10Verify source
§ 11By-laws of the body corporate ......................................................................................................................................................... 6Provision

The body corporate must keep meeting minutes, resolution records, proper accounting records, prepare accounts, and let unit-holders or registered mortgagees inspect those records on request at a reasonable time.

11. Minutes and accounts to be kept The body corporate shall— (a) cause minutes to be kept of general meetings; (b) cause a record to be kept of resolutions, and a separate record of unanimous resolutions; (c) (d) cause proper books of account to be kept in respect of all money received and expended by it and the matters to which the receipts and expenditures relate; cause proper accounts to be prepared relating to the assets and liabilities of the body corporate, and its income and expenditure for each annual general meeting; (e) on the application of a unit-holder or registered mortgagee, make the records and documents referred to in this by-law available for inspection by him or his agent authorised in writing at any reasonable time.
Section 11Verify source
§ 12Body corporate may enforce certain by-laws directly on occupiers of units ................................................................... 7Provision

Unit-holders get voting rights, with different rules for a show of hands and a poll, and voting can be done through proxies.

12. Voting (1) On a show of hands, each unit-holder shall have one vote. (2) On a poll, each unit-holder shall have the same number of votes as the unit entitlement of his unit or units. (3) An instrument appointing a proxy shall be in writing under the hand of the appointer or his attorney, and may be general or for a particular meeting. (4) A proxy need not be a unit-holder. (5) Except where a unanimous resolution is required by or under this Act, a unit-holder shall not be entitled to vote unless all contributions payable in respect of his unit have been duly paid. (6) Joint unit-holders may vote by a proxy jointly appointed (who may be one of the joint unit-holders), but in the absence of such a proxy are not entitled to vote except where a unanimous resolution is required.
Section 12Verify source
§ 13Creation of easements and covenants ........................................................................................................................................... 7Provision

This section defines ordinary, special, and unanimous resolutions and how a unanimous resolution is dated.

13. Resolutions (1) A resolution shall be an ordinary resolution if it is passed by a simple majority of votes cast by such members of the body corporate as, being entitled so to do, vote in person or by proxy at a meeting duly convened and held. (2) A resolution shall be a special resolution if— (a) notice of the resolution is given not less than fourteen days before the meeting at which the resolution is proposed; and (b) it is passed on a poll by a majority of not less than three-fourths of the unit-holders with not less than three-fourths of the total unit entitlement of the units. (3) A resolution shall be a unanimous resolution if each person who is a unit-holder on the date of the resolution signs a paper containing the text of the resolution and expressing his consent to the resolution. (4) The date of a unanimous resolution shall be the date of the meeting at which it was proposed or the date on which it is signed by the last unit-holder to sign, whichever is later. By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 15 Common Leasehold Schemes Act, 1994 (Chapter 208) Zambia (5) Where a resolution or a special resolution is required by or under the Act, other than a resolution to remove a member from the board, the resolution may also be passed by a unanimous resolution. (6) If a unanimous resolution states a date as being the date of the signature thereof by any unit- holder, the statement shall be prima facie evidence that it was signed by the unit-holder on that date.
Section 13Verify source
§ 14Appointment of administrator .......................................................................................................................................................... 7Provision

The body corporate may use its common seal only with the required authority and witness/signature conditions, and it must keep the seal in safe custody.

14. Common seal (1) The common seal of the body corporate shall not be used except with the authority of the board, if there is one, or of the body corporate otherwise, and in the presence of two members of the board or body corporate, or, if there is only one unit-holder, of that unit-holder, who shall sign each instrument to which the seal is affixed. (2) The seal shall be kept in safe custody. Part II – Alterable by-laws
Section 14Verify source

Part

Part II – Alterable by-laws

§ 15Remedy for oppression ........................................................................................................................................................................ 7Provision

A unit-holder must not make undue noise, keep animals after a body corporate notice, or build structures on or visible from common property or another unit without prior approval.

15. Additional duties of unit holders A unit-holder shall not— (a) make any undue noise on the parcel; (b) keep any animal on his unit or the common property after receiving a notice from the body corporate requiring him to desist; or (c) erect any structure on or visible from the common property or another unit without the prior approval of the body corporate.
Section 15Verify source
§ 16Phased developments .......................................................................................................................................................................... 8Provision

The body corporate must establish and maintain suitable lawns and garden on the common property.

16. Additional duties of the body corporate The body corporate shall establish and maintain suitable lawns and garden on the common property.
Section 16Verify source
§ 17Certificates of Title in phased developments .............................................................................................................................. 8Provision

This section sets rules for the body corporate’s board: when it exists, how it is chosen, quorum, voting, meetings, delegation, and record-keeping.

17. Board of the body corporate (1) There shall be a board of the body corporate at any time when there are five or more unit-holders. (2) The powers and duties of the body corporate shall, subject to sub-by-law (3) and to any restriction imposed or direction given by resolution, be exercised and performed by the board. (3) A meeting of the body corporate at which a quorum is present shall be competent to exercise all or any of its authorities, functions or powers. (4) The board shall consist of a number of unit-holders set by resolution, being not more than seven or fewer than three. (5) Where the board is not all the unit-holders— (a) they shall be elected at each annual general meeting; (b) the unit-holders may, by resolution, remove a member of the board and appoint another unit-holder in his place until the next annual general meeting; and (c) a casual vacancy on the board may be filled by the other members of the board. (6) The quorum of the board shall be— (a) two, if the board has three or four members; (b) three, if the board has five or six members; and By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 16 Common Leasehold Schemes Act, 1994 (Chapter 208) Zambia (c) four, if the board has seven members. (7) The continuing members of the board may act notwithstanding any vacancy, but if the number of members is reduced below the number required by or under these by-laws as the quorum, the continuing members may act only for the purposes of increasing the number of members of the board or for convening a general meeting of the body corporate. (8) At the beginning of each meeting, the board shall elect a chairman for the meeting. (9) Decisions of the board shall be determined by the votes of a majority of those present. (10) The board may— (a) hold meetings and regulate the conduct of meetings as it sees fit, but shall meet when any member of the board gives to the other members not less than seven day's notice of a meeting proposed by him, specifying the reasons for calling it; and (b) subject to any restriction imposed or direction given by the body corporate by resolution, delegate to one or more of its members such of its powers and duties as it thinks fit, and at any time withdraw the delegation. (11) The board shall cause to be kept minutes of its meetings and other records and accounts of the body corporate required to be kept. (12) An act done in good faith by the board shall not be invalid only because it is later discovered that there was a defect in the appointment or continuation in office of a member of the board. By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 17
Section 17Verify source

Legislative relationships

4 referenced instruments

Names are derived from the stored provision headings and citation-enrichment layer. Treat this as a research index and verify each relationship against the source text.

A–F

1 instrument

  • Certified Accountants under the Accountants Act, 1982

    Section 21

G–M

2 instruments

  • its by-laws in accordance with this Act

    Section 11

  • Lands and Deeds Registry Act

    Section 5

T–Z

1 instrument

  • Title or Provisional Certificate within the meaning of the Lands and Deeds Registry Act

    Section 2

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  • 31 Dec 1996 · currentEnglish

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