Civil Law (Property) Regulation 2020 (ACT)

Civil Law (Property) Regulation 2020   

SL2020-44

made under the

Civil Law (Property) Act 2006

Republication No 4

Effective:  27 November 2023

Republication date: 27 November 2023

Last amendment made by A2023‑36

About this republication

The republished law

This is a republication of the Civil Law (Property) Regulation 2020, made under the Civil Law (Property) Act 2006 (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 27 November 2023.  It also includes any commencement, amendment, repeal or expiry affecting this republished law to 27 November 2023. 

The legislation history and amendment history of the republished law are set out in endnotes 3 and 4.

Kinds of republications

The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at type="disc">

authorised republications to which the Legislation Act 2001 applies

unauthorised republications.

The status of this republication appears on the bottom of each page.

Editorial changes

The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication. Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.

This republication includes amendments made under part 11.3 (see endnote 1).

Uncommenced provisions and amendments

If a provision of the republished law has not commenced, the symbol  U  appears immediately before the provision heading.  Any uncommenced amendments that affect this republished law are accessible on the ACT legislation register ( For more information, see the home page for this law on the register.

Modifications

If a provision of the republished law is affected by a current modification, the symbol  M  appears immediately before the provision heading.  The text of the modifying provision appears in the endnotes.  For the legal status of modifications, see the Legislation Act 2001, section 95.

Penalties

At the republication date, the value of a penalty unit for an offence against this law is $160 for an individual and $810 for a corporation (see Legislation Act 2001, s 133).

Civil Law (Property) Regulation 2020

made under the

Civil Law (Property) Act 2006

Contents

Page

1            Name of regulation  2

1B          Disclosure requirements before contract for sale—Act, s 260 (1) (a) (iii)     2

2            Disclosure requirements for development approval—Act,  s 260 (1) (m) (i) 2

3            Disclosure requirements for utility services—Act, s 260 (1) (m) (iv)         3

Endnotes

1            About the endnotes  4

2            Abbreviation key  4

3            Legislation history  5

4            Amendment history  6

5            Earlier republications  6

Civil Law (Property) Regulation 2020

made under the

Civil Law (Property) Act 2006

1. Name of regulation

   This regulation is the Civil Law (Property) Regulation 2020.

1BDisclosure requirements before contract for sale—Act, s 260 (1) (a) (iii)

The detail (including type and location) of any unit subsidiary for the unit that adjoins the unit is prescribed.

Example—unit subsidiary adjoining unit

a balcony or courtyard

1. Disclosure requirements for development approval—Act,  s 260 (1) (m) (i)

   (1)The following matters are prescribed:

   (a)if the building in the units plan is authorised by a development approval—

   (i)identify the development approval; and

   (ii)include a statement about any condition to which the development approval is subject;

   (b)if the building, or part of the building, in the units plan is not authorised by a development approval—

   (i)confirm the development approval status of the building; and

   (ii)include an undertaking to notify the buyer if a development application is made for the building;

   (c)if a development application for a building in the units plan has been made but not decided—identify the application;

   (d)in all cases—a statement about where the buyer may find further information about the development approval including information about how to find information about publicly notified amendments to the development approval.

   (2)In this section:

   development application—see the Planning Act 2023, section 166 (1).

   development approval—see the Planning Act 2023, dictionary.

2. Disclosure requirements for utility services—Act, s 260 (1) (m) (iv)

   The following matters are prescribed:

   (a)information about which units in the units plan will be individually metered for the purpose of cold water supply;

   (b)information about facilities, if any, that will be provided for charging electric vehicles.

Endnotes

1. About the endnotes

   Amending and modifying laws are annotated in the legislation history and the amendment history.  Current modifications are not included in the republished law but are set out in the endnotes.

   Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel’s Office.

   Uncommenced amending laws are not included in the republished law.  The details of these laws are underlined in the legislation history.  Uncommenced expiries are underlined in the legislation history and amendment history.

   If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering. 

   The endnotes also include a table of earlier republications.

2. Abbreviation key

A = Act	NI = Notifiable instrument
AF = Approved form	o = order
am = amended	om = omitted/repealed
amdt = amendment	ord = ordinance
AR = Assembly resolution	orig = original
ch = chapter	par = paragraph/subparagraph
CN = Commencement notice	pres = present
def = definition	prev = previous
DI = Disallowable instrument	(prev...) = previously
dict = dictionary	pt = part
disallowed = disallowed by the Legislative	r = rule/subrule
Assembly	reloc = relocated
div = division	renum = renumbered
exp = expires/expired	R[X] = Republication No
Gaz = gazette	RI = reissue
hdg = heading	s = section/subsection
IA = Interpretation Act 1967	sch = schedule
ins = inserted/added	sdiv = subdivision
LA = Legislation Act 2001	SL = Subordinate law
LR = legislation register	sub = substituted
LRA = Legislation (Republication) Act 1996	underlining = whole or part not commenced
mod = modified/modification	or to be expired

1. Legislation history

   This regulation was made as part of the Unit Titles Legislation Amendment Act 2020 (see A2020-4, s 4) and is taken to have been made under the Civil Law (Property) Act 2006 A2006-38 (see A2020-4, s 4 (1)).

   Civil Law (Property) Regulation 2020 SL2020-44

   taken to have been notified LR 27 February 2020 (A2020-4 s 4 (2) (a))
   s 1 commenced 27 February 2020 (LA s 75 (1))
   remainder commenced 1 November 2020 (A2020-4 s 4 (2) (b))

   as amended by

   Civil Law (Property) Amendment Regulation 2020 (No 1) SL2020-41

   notified LR 10 September 2020
   s 1, s 2 commenced 10 September 2020 (LA s 75 (1))
   s 4 (so far as it ins s 1B) commenced 1 November 2020 (s 2 and see Unit Titles Legislation Amendment Act 2020 A2020-4, s 2 (1) and CN2020-11)
   s 4 (so far as it ins s 1A) commenced 31 March 2021 (s 2 and see Civil Law (Property) Act 2006 A2006-38, s 259A (2))

   Planning and Unit Titles Legislation Amendment Act 2021 A2021-5 pt 3

   notified LR 8 April 2021
   s 1, s 2 commenced 8 April 2021 (LA s 75 (1))
   pt 3 commenced 9 April 2021 (s 2)

   Planning (Consequential Amendments) Act 2023 A2023-36 sch 1 pt 1.9

   notified LR 29 September 2023
   s 1, s 2 commenced 29 September 2023 (LA s 75 (1))
   sch 1 pt 1.9 commenced 27 November 2023 (s 2 (1) and see Planning Act 2023 A2023-18, s 2 (2) and CN2023-10)

2. Amendment history

   Type 1 matter in disclosure statement—Act, s 259A (1) (a) (iv)

   s 1Ains SL2020-41 s 4

   om A2021‑5 s 10

   Disclosure requirements before contract for sale—Act, s 260 (1) (a) (iii)

   s 1Bins SL2020-41 s 4

   Disclosure requirements for development approval—Act, s 260 (1) (m) (i)

   s 2am A2023-36 amdt 1.69, amdt 1.70

3. Earlier republications

   Some earlier republications were not numbered. The number in column 1 refers to the publication order. 

   Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register.  A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1.  Electronic and printed versions of an authorised republication are identical.

Republication No and date	Effective	Last amendment made by	Republication for
R1 (RI) 19 Nov 2020	1 Nov 2020– 30 Mar 2021	SL2020‑41	new regulation and amendments by SL2020‑41 reissued for republication correction
R2 31 Mar 2021	31 Mar 2021– 8 Apr 2021	SL2020‑41	amendments by SL2020‑41
R3 9 Apr 2021	9 Apr 2021– 26 Nov 2023	A2021‑5	amendments by A2021‑5