66-27-104 - Ownership Building code compliance.

66-27-104. Ownership Building code compliance.

(a)  Once the property is submitted to the horizontal property regime, an apartment in the building may be individually conveyed and encumbered and may be the subject of ownership, possession or sale and of all types of juridic acts intervivos or mortis causa, as if it were sole and entirely independent of the other apartments in the building of which they form a part, and the corresponding individual titles and interest shall be recordable.

(b)  If private elements are created, the original construction of all apartments must substantially comply with local building codes for planned unit developments, established by the appropriate local authorities for planned unit developments. If no appropriate local authority exists, then compliance must be pursuant to the southern standard building code. A certificate from a professional engineer or architect licensed to practice engineering or architecture in this state, to the effect that construction of the apartments is in substantial compliance with such code, shall be sufficient for the attorney to rely upon in giving an opinion.

[Acts 1963, ch. 124, § 4; T.C.A., § 64-2704; Acts 1990, ch. 823, § 7.]