Discuss the procedural state for processing and acquisition of the

certificate of title for a condominium unit or property in Uganda

The term condominium is from two Latin words; ‘con’ and ‘dominium’.
Therefore, according to the Condominium Property Act, 20011,
condominium" means a system of separate ownership of individual units in
a multiple-unit building, the individual units of which are designated for
separate ownership and the remainder of which is designated for common
ownership solely by the owners of those units. The common areas may
include the compound, staircase, hallways and amenities such as a
swimming pool, children’s play area and gym. The difference between an
apartment building and condominium is entirely based on ownership.
Condominiums are specifically regulated by CPA, 2001. However, other
laws on land, Registration of Titles, taxation, ordinances of the area where
the condominium may generally be invoked.
A condominium status of any building or planned building starts with
registration. According to Section 3(1) of the CPA, 2001, “a proprietor or
developer of an existing or planned building may divide the building into
two or more units by registering with the Registrar a condominium plan in
accordance with this Act.” Before registration however one must first obtain
approval of the Condominium plan from the relevant local authorities.
Section 4(1) of the Act is to the effect that “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 for each unit described in the plan, and shall, upon the payment of the
prescribed fee, issue a certificate of title in respect of the unit.
Upon establishment of the status of condominium building, any interested
party may acquire one or more units and thus register his or her legal
ownership following the following steps discussed below.

Section 5(1) of the Act, “The provisions of the Registration of Titles Act
relating to registration techniques, procedures and practices shall, unless

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Section 2, (Interpretations)

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otherwise provided in this Act, apply to the registration of land dealings
under this Act. Thus, the Registration of Titles Act2 provides for the
process of acquiring a title in Uganda. It should therefore be noted that
process of acquiring a title for any tenure in Uganda is generally the same.
However, the specific procedure for acquiring a title for a condominium unit
is as follows:

Getting Legal advice/support:

For any prospective owner of the condominium, it is advisable that he or
she seek advice of a qualified real estate lawyer who is knowledgeable
about condominium laws in Uganda. The lawyer may help in acquiring all
the paper work needed in the process.
Verification of Land Title:
Verify the land title of the condominium property at the relevant land
registry to ensure its legitimacy. Section 3 of CPA, requires that the
property developer should have registered the condominium plan and
acquired a Certificate of title for each condominium unit as per section 4(1)
of the Act. This step is crucial for confirming ownership and preventing any
legal issues in the future. The exercise should show that the particular
unit(s) of which the prospective owner is interested has a registered title.
Conducting Due Diligence:
Conducting due diligence means that the prospective owner, with the help
of his or her lawyer, carefully conducts an investigation to establish the
authenticity of the title and its legal status by establishing the; property's
history, confirming that the seller has the legal right to sell, and ensuring
that there are no outstanding legal issues or disputes and encumbrances. It
is at this step where all the notices on the land should be established.

Purchase Agreement:
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Sec 38

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Draft and sign a purchase agreement with the seller (vendor). This
agreement outlines the terms and conditions of the sale, including the
purchase price, payment terms, and any other relevant details. Accordingly,
the RTA states that “the vendor will upon due payment of the full amount of
purchase money sign a transfer of the property to the purchaser, that
transfer to be prepared by and at the expense of the purchaser.”3
Payment of Stamp Duty:
The prospective owner/purchaser pays the necessary stamp duty on the
property transaction. According to RTA, “The purchaser shall pay or bear
the expense of all stamp duties on or in respect of the bills provided for by
the contract and on the transfer to him or her.” 4 Stamp duty is a tax levied
on legal documents, including property transactions, and its payment is a
legal requirement.
Application for Land Title:
Submit an application for a certificate of title to the Registrar of lands in the
jurisdictional district Land Office. The application typically includes details
such as the property's location, the condominium unit, and any other
relevant information.
Survey and Valuation:
Conduct a survey of the property to determine its exact boundaries and
ensure that the information aligns with the land registry records.
Additionally, a valuation may be required to assess the property's market
value.
Approval and Issuance:
The Registrar will review the application, and if everything is in order, they
will approve the issuance of the certificate of title. The certificate of title is a
legal document that confirms ownership of the property. Section 30 of the
RTA lays down the following procedure; Upon receipt of any application
under section 29, the registrar shall—

3
No. 10 of the General Conditions of Sale, Twenty-first Schedule (Section 199)
4
No. 11 of the General Conditions of Sale, Twenty-first Schedule (Section 199)

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 a) bring the land under this Act by registering in the name or names of
such person or persons as may be entitled to it a certificate or
certificates of title to the land in the form in the Third Schedule to this
Act;
b) record at the foot of the certificate or certificates all encumbrances
registered under the Registration of Land Titles Ordinance, 1908, and
subsisting at the date of the registration of the certificate or
certificates;
c) endorse the original and duplicate certificate of title under the
Registration of Land Titles Ordinance, 1908…
However, the title is given in respect to the specific unit. Under the
condominium Plan, there is no individual ownership of a plot of land. The
land is owned by the units owners managed by the corporation as was
discussed in the case of Bull v Bull5
Registration of the Condominium Unit Title
According to section 5, upon the issuance of the unit title,
a) The Registrar shall keep a Register of Condominium Units and
shall record in it, particulars of all the units in a condominium.
b) A Register of Condominium Units shall be in Forms III and IV
specified in the First Schedule

Formation of the Condominium Corporation

The condominium unit owners form and register a Condominium
Corporation as per section 20 of CPA, 2001. Section 20 (3) states that “a
corporation shall consist of persons who own units in the parcel to which
the condominium plan relates.” Section 21 of the Act, lays down the
functions of the corporation which generally relate to the management and
governance of the condominium property. Thus, the unit owners, are
tenants in common, having divisible ownership of their units while
commonly own the land as was discussed in the case of Zachary Olum V.
Bongamin John Odora and Ors.6

5
[1955] 1 QB 234
6
[2019] UGHCCD 84

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