ShapeBuying property is one of the biggest investments most of us make, and in Sri Lanka, land can be registered under two different property registration systems, each with its own legal framework and procedures that define how land ownership is recorded and recognized.
The Title Registration system (Bim Saviya) and the Registration of Documents system in Sri Lanka operate under distinct legal structures. The Title Registration system was introduced with the aim of streamlining secure land ownership in Sri Lanka by issuing land title certificates, with defined classes of ownership, while ownership under the Registration of Documents system is generally valid and widely recognized, it may, in some cases, require a more detailed examination of prior property ownership documents.
In this post, we aim to briefly outline the key distinctions between these two Sri Lanka property registration systems, helping you understand the basics so you can make informed decisions and navigate the systems confidently in line with Sri Lanka real estate law.
| Aspect | Title Registration (Bim Saviya) | Registration of Documents |
|---|---|---|
| Legislations applicable | Registration of Title Act No. 21 of 1998 (as amended)Gazette Extraordinary No.1050/10 dated 21st October 1998Gazette Extraordinary No.1886/58 dated 31st October 2014Gazette Extraordinary No.2308/27 dated 01st December 2022Prescription Ordinance No. 22 of 1871 (as amended) and Partition Law No. 21 of 1977 (as amended) do not apply to lands registered with First Class or Second Class of title. (Section 57 and Section 63 respectively) | Registration of Documents Ordinance No.23 of 1927 (as amended)Instruments falling under the Secured Transactions Act, No.17 of 2024, are not required to be registered under this system. [Section 8 (b) (xii)- as effected by the Registration of Documents (Amendment) Act, No. 18 of 2024] |
| Territorial Scope | Implemented in designated areas as published in official Government Gazettes, with efforts currently underway to extend its coverage to further regions. (Section 1) | Predominantly used nationwide, except in areas where the Title Registration system has been implemented. |
| Registration Authority/ies | Registrar-General of Title – Overall authority for title registration Sri Lanka. (Section 3 (1) & (2)) Registrar of Title (at Land Registry level) – Registers title certificates and encumbrances and maintains records at district Title Registries. (Section 3 (3)) Commissioner of Title Settlement – Oversees title settlement and dispute resolution processes. Further, plays a key role in the preparatory work leading up to registration, such as investigating ownership and resolving disputes. (Sections 2 & 13) | Registrar-General of Lands - oversees the overall administration and functioning of the land register office in Colombo and its branch offices across the country. (Section 2 (2)) Registrars of Lands – operating at district or divisional level land registries, handle the day-to-day property registration. (Section 2 (2)) |
| Record Maintenance | Maintains physical title registries in each Land Registries. (Section 3 (2)) Supported by a centralized, digitized registry maintained by the Registrar of Title, ensuring streamlined access to verified land ownership records. (Section 71) | Maintains physical registers (volume/folio) at Land Registries. (Sections 12 & 14) A digitization initiative, the e-Land Registry System, has been initiated to enhance property record accessibility and efficiency, with implementation currently underway across various registries. |
| Main document types registered | Government-issued Certificate of Title. Three types of Title Certificates are issued:First Class Title: Absolute ownership. (Section 14 (a))Second Class Title: Bona fide possession without full ownership. (Section 14 (b))Co-ownership Title: Shared ownership is granted when absolute ownership cannot be established, or when dividing the land among multiple valid claimants would result in portions falling below the minimum size required for economic viability. In such cases, to avoid uneconomical subdivision as regulated under Section 70, the Commissioner registers all eligible claimants as co-owners based on their respective shares. (Issued only at the initial stage of conversion under the Registration of Title Act – Section 14(d)) The Commissioner may also appoint a manager to represent the co-owners. (Sections 15, 16, 17 and 18) Except in accordance with the provisions of this Act, any instrument purporting to confer common ownership of a registered land parcel shall be void and ineligible for registration under this Act. (Section 48) | Notarially executed property Deeds. The main documents include deeds of transfers, gifts, leases, agreements, caveats, lis pendens and instruments affecting land/s. (Section 6 reads with Section 8 (a) & (b)) The proviso to Section 8 (b) of the Ordinance specifies the categories of documents and instruments that are excluded from the requirement of registration under the Ordinance. |
| Role of the Notary | Must use prescribed statutory forms, as outlined in Government Gazette Extraordinary No.2308/27 dated 01st December 2022. (Section 43) Notaries are required to attest prescribed statutory forms in compliance with Section 44 of the Act and must be signed by all the parties in accordance with the Prevention of Frauds Ordinance No.7 of 1840 as amended by Prevention of Frauds (Amendment) Act No. 4 of 2024) and any other applicable laws. | No prescribed statutory format is generally required for notarial instruments, except in specific instances such as those covered under Section 50 of the Ordinance, where the use of forms from the Second Schedule is required, with adaptations permitted as circumstances demand. Notarial documents are otherwise prepared by Notaries in accordance with general legal principles and are required to attest in compliance with the provisions of Notaries Ordinance No.1 of 1907 (as amended), while the execution by the parties must comply with the requirements of the Prevention of Frauds Ordinance No. 7 of 1840 (as amended by Act No.4 of 2024) and any other applicable laws. |
| Registration Timelines | Any instrument attested in terms of Section 44 of the Act together with the original of the Certificate of Title pertaining to the title must be submitted for registration within seven (07) working days of such attestation to the Registrar of Title. Failure to comply constitutes an offence and may attract a prescribed penalty under the Act. (Section 45) | Any deed attested must be submitted for registration;within Thirty (30) days of execution, if executed within the Notary’s jurisdiction, orwithin Sixty (60) days of execution, if executed outside Notary’s jurisdiction [Section 31 (Rule 30A) – Notaries (Amendment) Act No.31 of 2022] |
| Survey Requirement | Mandatory, with approved cadastral survey. Cadastral maps are prepared by the Surveyor General’s Department through detailed surveys that define legal parcel boundaries, and these maps are rigorously checked and approved, and form the authoritative basis for registering and maintaining secure, accurate, and dispute-free land titles under the Registration of Title Act. (Sections 4, 10 & 11) | Not always mandatory or precise. Land registration does not require an official government survey, and surveying may be carried out by private surveyors. |
| Registration & Conversion of Ownership Rights | New interests or changes in ownership are registered, when the new or existing owner applies to the Registrar of Titles to have their ownership or interest formally registered by updating the Certificate of Title accordingly. A person with a Second Class Title or claiming through them may apply to convert it to a First Class Title of absolute ownership after ten (10) years of original registration, provided no action under Section 29 of the Act has occurred during that time. (Section 31) [Section 29 – allows any person aggrieved by the registration of a Second Class Title to file a court action within ten years to amend the Title Register] Any person who acquires ownership or an interest in a land parcel registered under this system through an order, certificate of sale, or court order issued under any law may apply to the Registrar of Title to have their ownership or interest formally registered. (Section 56) | New interests or changes in ownership are registered by executing and registering new deed/s, agreements & etc. Unlike the Title Registration system, there is no provision for conversion of title by existing owners under this system. Section 39 empowers the District Court to cancel or rectify the registration of any instrument if it is proven to be a forgery, improperly registered, or set aside by a competent court, ensuring the integrity of registered land documents. |
| Sub-division and Amalgamation | Under this system, sub-division or amalgamation of registered land parcels is not a mere procedural step but a statutory process requiring compliance with the provisions of the Act. It mandates prior approval, certified cadastral plans, statutory declarations, and coordination with the Surveyor-General, Title Settlement authorities, and the Registrar of Title before legal effect is given through registration. An application shall be made together with a declaration in the prescribed forms. (Section 36) (Form No.7 – Request for Amalgamations/Subdivision of a Land) (Format 39 – Declaration made under Section 36 (2)) Minimum parcel sizes can also be enforced in declared areas to ensure land remains economically viable and isn’t fragmented into plots too small for productive use. This helps promote sustainable and practical land management, especially in rural or agricultural zones. (Section 70) | Sub-division or amalgamation of land parcels is typically treated as a straightforward administrative procedure without a specific statutory framework. |
| Condominium Registration | An owner of a land parcel registered under this system, on which a multi-storey building has been constructed, may apply to register its horizontal subdivision (condominium parcels) under the Act, in accordance with the Apartment Ownership Law, No. 11 of 1973 (as amended). (Sections 50, 51 & 52) (Form No.21 – Instrument to register a Condominium Property) This process is not automatic and requires submission of a certified condominium plan and compliance with prescribed procedures. Once approved, each unit receives a separate title backed by cadastral mapping and the legal certainty under this system, ensuring clarity and security in property dealings. | Under this system, a condominium is created and governed primarily under the Apartment Ownership Law, No. 11 of 1973 (as amended). Once a Condominium Deed of Declaration and Condominium Plan are registered under this law, individual ownership of units and common property is recognized. |
| Legal Certainty | The system involves a thorough investigation process to verify ownership claims and possession conducted by the Commissioner of Title Settlement prior to issuing ownership declarations based on verified claims and possession. (Sections 12, 13 & 14) It simplifies the ownership structure by replacing the need to trace historical deeds. Registration with a First-Class Title vests absolute ownership subject to recorded encumbrances (Section 32).Entries in the Title Register are conclusive evidence of the existence of property ownership or interest and generally cannot be challenged in court, except as provided for in this Act (Section 33).Every document certified by the Registrar of Title and every Cadastral Map certified by or on behalf of the Surveyor-General shall be accepted as prima facie evidence of all matters stated therein. (Section 35) | Registering an instrument under this Ordinance does not remedy any inherent legal defects nor confer validity upon an instrument that is otherwise invalid at the time of its execution. It only gives the document priority over unregistered or later-registered instruments. Therefore, ownership depends on the validity and legal history of all prior deeds, as registration alone does not guarantee absolute title. (Section 7 (4)) Certified copies or endorsed duplicates by the Registrar serve as prima facie evidence of the registration and its contents in all proceedings. (Section 43) |
| Legal Risk Exposure | The likelihood of ownership disputes is substantially mitigated due to the government’s assurance of title accuracy. In the event of an error or loss, compensation is provided in accordance with a court order, from the Title Insurance Fund established under the Act, administered by the Registrar General of Title under the supervision of the Central Bank of Sri Lanka. (Sections 58, 60 & 62) | Ownership is not guaranteed by the government, and the risk of land disputes is higher compared to the Title Registration system. There is potential for disputes, fraud, and unresolved claims to arise from errors or gaps in the chain of deeds. Ensuring security of ownership depends heavily on maintaining a clear title history and conducting thorough legal due diligence. |
For those navigating the complexities of Sri Lanka real estate investment, understanding the nuances of the Title Registration and Registration of Documents systems is essential. Whether you are acquiring your first property or managing multiple holdings, professional legal guidance ensures your property investments are secure and compliant.
