Myanmar Condominium Law (2016)

Pyidaungsu Hluttaw Law No. 24/2016 Enacted on 29 January 2016

Note: This is a formatted version of the official law. While every effort is made for clarity, the Burmese language version remains the sole official legal document.

📋 Key Takeaways for Investors

  • Foreign Ownership: Foreigners may collectively own up to 40% of the total saleable floor area.

  • Definition: A “Condominium” must be at least 6 storeys high and built on at least 20,000 sq. ft. of collectively owned land.

  • Ownership Title: Ownership is evidenced by a Unit Registration Certificate, providing a “strata-style” title.

  • Transfer: All transfers (sale, gift, exchange) must be registered within 30 days.

  • Currency: Foreigners must purchase units using foreign currency officially transferred from abroad.

Chapter (1): Title and Definitions

1. Title: This Law shall be called the Condominium Law.

2. Key Definitions:

  • Condominium: A building of six floors or more constructed on collectively owned registered land.

  • Collectively Owned Property: Includes the land, fixtures, gardens, water supply, and facilities intended for use by all co-owners.

  • Foreigner: A person who is not a citizen, associate citizen, or naturalized citizen of Myanmar.

  • Developer: An entity (excluding banks/insurance) licensed to invest in and establish a condominium business.

  • Co-owner: A person (or their heir) holding an official Unit Ownership Registration Certificate.

  • Association: The legal entity formed by co-owners for the management and maintenance of the building.

Chapter (2): Objectives

The law aims to support urban development, modernize the housing sector, and establish a legal framework for the secure ownership and transfer of property units.

Chapter (3) & (4): Administration

  • Management Committee: Formed by the Ministry of Construction to oversee regional implementation, approve designs, and supervise construction safety.

  • Administration Department: Responsible for policy-making and legal study of the condominium sector.

Chapter (5): Registration and Establishment

  • Section 9-10: A condominium can only be built on Collectively Owned Land.

  • Land Requirements: Must be eligible for housing, convertible to collective ownership, and exceed 20,000 square feet.

  • Section 11: The Ministry specifies minimum standards for parking, security, and facilities.

  • Section 15(b): Developers may sell up to 40% of units to foreigners.

  • Section 15(c): Projects on state-owned land or under government departments require Union Government approval.

Chapter (6): Registration of Titles

  • Section 19: The Registration Officer issues a Unit Registration Certificate to the developer, who then transfers it to the buyer.

  • Section 20: All transfers (Sale, Gift, Exchange, or Court Order) must be registered within 30 days.

  • Stamp Duty: Developers pay duty on land/building registration; buyers pay duty on the specific unit transfer (Section 21).

Chapter (7): Rights and Duties of Developers

  • Advance Sales: Developers may sell units before construction is complete (Section 24).

  • Foreign Sales: Developers must inform the Registration Officer of sales to foreigners and ensure funds are remitted as foreign currency from abroad.

Chapter (8): Rights and Duties of Co-owners

Co-owners have the right to:

  • Sell, exchange, gift, lease, or mortgage their unit.

  • Mortgage the unit to a bank.

  • Renovate the interior (with Executive Committee approval) if it doesn’t affect structural integrity.

  • Vote in Association meetings and elect the Executive Committee.

Co-owners are duty-bound to:

  • Contribute to the Maintenance and Management Fund (Sinking Fund).

  • Maintain the security and sanitation of the building.

  • Inform the Executive Committee of any lease or mortgage.

Chapter (9): Reconstruction and Dismantling

  • Section 28: If 75% of members vote in favor, a building can be dismantled and reconstructed.

  • Dangerous Buildings: If the Management Committee deems a building dangerous, it must be dismantled.

Chapter (10): Offences and Penalties

  • General Violations: Fines ranging from 1,000,000 to 5,000,000 Kyats.

  • Failure to Register Transfer: Fines ranging from 1,000,000 to 2,500,000 Kyats.

  • Ongoing Offences: A daily penalty of 10% of the maximum fine for repeated violations.