Real Property (Unit Titles) Regulations 1987 (NT)

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NORTHERN TERRITORY OF AUSTRALIA

REAL PROPERTY (UNIT TITLES) REGULATIONS 1987

As in force at 11 February 2015

Table of provisions [if supportFields]><span style='mso-element:field-begin'></span><span style='mso-spacerun:yes'>&#160;</span>TOC \o &#34;1-9&#34; <span style='mso-element: field-separator'></span><![endif]Citation2Commencement3Interpretation4Forms of application5Form of units plan6Surveyor's certificate7Minister's endorsement8Form of units plan of subdivision9Form of unit plan of consolidation10Formal requirements for notices of conversion of units into common property11Form of building alteration plan12Form of certificate as to title13Form of certificate as to title for common property14Requirements for units plan, units plan of subdivision, units plan of consolidation and building alteration plan15Numbering of units16Consents to registration of units plan17Consent to registrations of building alteration plan19Notice of change of address20Fees21TransitionalSchedule 1ENDNOTES NORTHERN TERRITORY OF AUSTRALIA

NORTHERN TERRITORY OF AUSTRALIA

As in force at 11 February 2015

REAL PROPERTY (UNIT TITLES) REGULATIONS 1987

Regulations under the Real Property (Unit Titles) Act 1975

1Citation

These Regulations may be cited as the Real Property (Unit Titles) Regulations 1987.

2Commencement

These Regulations shall come into operation on the commencement of the Real Property (Unit Titles) Amendment Act 1986.

3Interpretation

In these Regulations a reference to a form by number is a reference to the form so numbered in Schedule 1.

4Forms of application

The form for the purposes of an application for registration of:

  • (a)

    a units plan referred to in section 7(a) of the Act is Form 1;

  • (b)

    a units plan of subdivision or consolidation referred to in section 9B(a) of the Act is Form 2; and

  • (c)

    a building alteration plan referred to in section 9D(a) of the Act is Form 3.

5Form of units plan
  • (1)

    Except in respect of an estate development under Part IVB of the Unit Titles Act 1975, a units plan shall consist of:

    • (a)

      a duly completed plan in accordance with Form 4, being a plan endorsed, respectively, by the Minister and a licensed surveyor, in accordance with section 20(3) and (4) of the Unit Titles Act 1975, and comprising a diagram showing the location plan and floor plan;

    • (b)

      all necessary additional sheets, duly completed, in accordance with Form 5 and signed and dated by the Minister and a licensed surveyor; and

    • (c)

      a duly completed schedule of unit entitlement in accordance with Form 6:

      • (i)

        showing aggregate unit entitlements;

      • (ii)

        showing the unit entitlement for each unit; and

      • (iii)

        signed and delivered by the Minister.

  • (2)

    A units plan in respect of an estate development shall consist of a survey plan duly completed in accordance with the Licensed Surveyors Act 1983 and showing a schedule of lot entitlements.

6Surveyor's certificate
  • (1)

    Subject to subregulation (2), for the purposes of sections 20(3) and 21B(2)(b) of the Unit Titles Act 1975, the certificate of a licensed surveyor shall be in accordance with Form 7.

  • (2)

    The certificate of a licensed surveyor in respect of an estate development under Part IVB of the Unit Titles Act 1975 shall be in accordance with clause 38 of the Survey Practice Directions under section 47 of the Licensed Surveyors Act 1983 notified in Gazette G27 of 9 July 1986, or that clause as from time to time amended and in force.

7Minister's endorsement

For the purposes of section 20(4) of the Unit Titles Act 1975, the appropriate form is Form 4.

8Form of units plan of subdivision
  • (1)

    For the purposes of section 9A of the Act, a units plan of subdivision shall consist of duly completed documents in accordance with:

    • (a)

      Form 8, being a plan showing a floor plan and location plan containing a certificate of a licensed surveyor in accordance with Form 7 and certifying the matters required for the purposes of section 21B(2)(b) of the Unit Titles Act 1975; and

    • (b)

      Form 6, being a schedule of unit entitlement required by section 21D of the Unit Titles Act 1975 and showing the unit entitlement for each unit (as amended by the units plan of subdivision) and the aggregate unit entitlement for such units.

  • (2)

    The schedule of unit entitlement referred to in subregulation (1)(b):

    • (a)

      shall not be required to be executed by the Minister; and

    • (b)

      shall be executed by the body corporate.

    9Form of unit plan of consolidation
  • (1)

    For the purposes of section 9A of the Act, a units plan of consolidation shall consist of duly completed documents in accordance with:

    • (a)

      Form 9, being a plan showing a floor plan and location plan; and

    • (b)

      Form 6, being a schedule of unit entitlement required by section 21D of the Unit Titles Act 1975 and showing the unit entitlement for each unit in the units plan (as amended by the unit plan of consolidation) and the aggregate unit entitlement for such units.

  • (2)

    The schedule of unit entitlement referred to in subregulation (1)(b):

    • (a)

      shall not be required to be executed by the Minister; and

    • (b)

      shall be executed by the body corporate.

    10Formal requirements for notices of conversion of units into common property
  • (1)

    For the purposes of section 9A, a notice of conversion shall be in accordance with Form 10 and include a schedule of unit entitlement, in accordance with Form 6 of each unit to be comprised in the parcel after the conversion and executed by the registered proprietor of the unit and the body corporate.

  • (2)

    A person who wishes to register a notice of conversion shall:

    • (a)

      give the written notice of intended conversion referred to in section 21E(2)(b) of the Unit Titles Act 1975 in accordance with Form 11; and

    • (b)

      provide to the Registrar-General at the time of lodging the notice of conversion:

      • (i)

        all necessary discharges, surrenders, withdrawals or the like for the purpose of section 21D(2)(a) of the Unit Titles Act 1975; and

      • (ii)

        a duly completed acknowledgement of receipt by any relevant local government council of the local government area in which the parcel is located (or if the parcel is located within a prescribed area under the Northern Territory Rates Act 1971, the Minister responsible for that Act) of the notice of intended conversion referred to in paragraph (a).

      11Form of building alteration plan

    For the purposes of section 9A of the Act, a building alteration plan shall consist of duly executed documents in accordance with:

    • (a)

      Form 12, being a plan showing the lines required by section 21F(c) of the Unit Titles Act 1975 and a floor plan and location plan in relation to the unit or units affected and containing a certificate of a licensed surveyor, in accordance with Form 13, certifying the matters referred to in section 21F(d)(i) and (ii) of the Unit Titles Act 1975; and

    • (b)

      Form 6, being a schedule of unit entitlement required referred to in section 21A(b)(ii) of the Unit Titles Act 1975 and showing unit entitlement as it will be after the building alteration is registered and executed by the registered proprietor of the unit and the body corporate.

    12Form of certificate as to title

    For the purposes of sections 9(c) and 9F(b) of the Act, a certificate as to title shall be in accordance with Form 14.

13Form of certificate as to title for common property

For the purposes of section 9(a)(ii) of the Act, the certificate as to title to common property shall be in accordance with Form 15.

14Requirements for units plan, units plan of subdivision, units plan of consolidation and building alteration plan
  • (1)

    For the purposes of sections 6A and 9A of the Act, a units plan, units plan of subdivision, a units plan of consolidation and a building alteration plan:

    • (a)

      shall be drawn on:

      • (i)

        polyester film having at least one matt surface and a thickness of not less than 0.075 mm and not more than 0.125 mm; or

      • (ii)

        on other material approved by the Registrar-General;

    • (b)

      shall include a first sheet laid out in accordance with Forms 4, 8, 9 or 12, as the case requires, showing:

      • (i)

        the data referred to in the definition of location plan in section 4 of the Unit Titles Act 1975; or

      • (ii)

        in the case of a building alteration plan, sufficient data to identify the subject unit and the addition or alteration effected thereon;

    • (c)

      shall include, where necessary, second and subsequent sheets numbered consecutively and laid out in accordance with Form 5 showing:

      • (i)

        a continuation of data depicted on Form 4, 8, 9 or 12, as the case requires; or

      • (ii)

        the data referred to in the definition of floor plan in section 4 of the Unit Titles Act 1975;

    • (d)

      shall:

      • (i)

        if a Form 4, 5, 8, 9 or 12, measure 420 mm by 297 mm (International Size A3) and have a margin of not less than 40 mm on the left hand side of each sheet and a margin of not less than 15 mm on each of the other 3 sides of the sheet and no printing, writing or other notation (other than directions or notations by the Registrar-General) shall appear in, or extend into, any such margin;

      • (ii)

        be free from discolouration and blemishes and shall not be creased or folded;

      • (iii)

        be altered only by striking through the data intended to be altered and not by rubbing, scraping or cutting the surface of the sheet, and all alterations shall be initialled by the surveyor;

      • (iv)

        be replaced if, in the opinion of the Registrar-General, an alteration will render the data, or any part of the data, on the sheet illegible and unsuitable for copying by photographic or similar means;

      • (v)

        be numbered consecutively; and

      • (vi)

        be individually signed and, where applicable, sealed so that no signature or seal is a copy; and

    • (e)

      shall include a schedule of unit entitlement referred to in subregulation (3) in accordance with Form 6.

  • (2)

    A diagram contained on or plan referred to in subregulation (1) shall, whether it is a location plan or a floor plan:

    • (a)

      be drawn to a scale sufficient to enable all details and notations to be clearly shown with all original notations, measurements and linework drawn in black waterproof ink of sufficient strength and clarity to bear photographic reproduction;

    • (b)

      show the scale on the diagram as a bar scale;

    • (c)

      indicate by an arrow or other appropriate means the direction of north, which shall be directed upwards;

    • (d)

      show all linear measurements on the plan in metres and decimal fractions of metres to the nearest 0.01 m;

    • (e)

      show all areas on the plan expressed in square metres (to the nearest square metre below); and

    • (f)

      if necessary, be commenced on one sheet and continued on a subsequent sheet and, in such a case, the diagram shall be drawn so that the complementary parts or the lines on the several sheets show, when placed side by side, the complete diagram.

  • (3)

    For the purposes of subregulation (1)(e) and regulation 11(b), a schedule of unit entitlement shall be in accordance with Form 6 and shall:

    • (a)

      measure 210 mm x 297 mm (International Size A4);

    • (b)

      contain a reference, set out in vertical columns in numerical sequence, to the number of each unit in the scheme;

    • (c)

      have set out opposite each unit number, in whole numbers, the proposed unit entitlement of that unit; and

    • (d)

      show a proposed aggregate unit entitlement, which shall be the numerical total of the proposed unit entitlement of all units in the scheme.

  • (4)

    For the purposes of subregulation (3)(c) and (d), a proposed unit entitlement or proposed aggregate unit entitlement shall not exceed 999, in the case of a proposed unit entitlement, or 9,999, in the case of the aggregate unit entitlement.

15Numbering of units

Units shall be numbered so that no number is used more than once in a unit scheme.

16Consents to registration of units plan

For the purposes of section 7(d) of the Act, a person shall provide consent to the registration of a units plan in accordance with Form 16.

17Consent to registrations of building alteration plan

A consent referred to in section 21A(b)(ii) of the Unit Titles Act 1975 in respect of an alteration referred to in Part IIIA of that Act shall be in accordance with Form 17.

19Notice of change of address

For the purposes of section 16 of the Act, a notice of change of address shall be in accordance with Form 19.

20Fees
  • (2)

    A document shall not be accepted for registration unless the appropriate fee has been paid.

21Transitional

Notwithstanding any other provision in these Regulations, a form that could be used for a particular purpose before the commencement of the Real Property (Unit Titles) Amendment Act 1986 shall, with the necessary changes having regard to the requirements of these Regulations and the Real Property (Unit Titles) Act 1975 and the Unit Titles Act 1975, be deemed to be the prescribed form for that or a corresponding purpose after that commencement.

Schedule 1

FORM 1

section 7(a)

NORTHERN TERRITORY OF AUSTRALIA

Real Property (Unit Titles) Act 1975

Regulation 4(a)

Units Plan

No.

LODGED AT REGISTRAR-GENERAL’S OFFICE

On ...........………………  At ..............…………….. By ...........………………  Correction to ...………… Fee ..........………………  Receipt .........…………... Duplicate to .....................……………………………

APPLICATION FOR REGISTRATION OF A UNITS PLAN

TO:       Registrar-General

The person or persons specified below being the registered proprietor(s)* of the land specified below apply/applies* for the registration of a units plan in respect of that land and for that purpose lodges/lodge* the documents listed in the schedule of notes on the back of this document.

Description of the land the subject of the application.

Register

Volume

Folio

Location

Parcel

Plan

Unit

Details of applicant

______________________________________________________________

Name:

Address of proposed body corporate:

(for service of documents)                                                              See note 9

______________________________________________________________

Dated                                                  1987.

Execution                                                                                           See note 10

*  Delete where applicable.

SCHEDULE OF NOTES

1.          This form is used for an application for registration of a units plan or a units plan of condominium development.

2.          The time limit for the lodgement of this application is 3 months from the date of approval of the plan by the Minister primarily responsible for the administration of the Unit Titles Act 1975.

3.          Three copies of the documents comprising the units plan must be lodged.

4.          Each copy of the plan must be signed by a licensed surveyor, the Minister primarily responsible for the administration of the Unit Titles Act 1975 (or his delegate), and the registered proprietor.

5.          Each of the copies of the schedule of unit entitlements (which is part of the plan) must be signed by the Minister primarily responsible for the administration of the Unit Titles Act 1975 (or his delegate) and the registered proprietor.

6.          The relevant certificate as to title for the land must be lodged.

7.          Written consents in the form of Form 16 to the registration of the units plan of all persons (other than the Crown) having a registered estate or interest in the land must be lodged.

8.          The duplicate of every instrument evidencing or creating any registered estate or interest in the land must be lodged.

9.          Insert full name.   Occupations are not required. Actual address at which it is intended that the body corporate receive notices and have its books should be stated.   This is the address which will appear on the title for the common property.   Any applicable postal address should be quoted.

10.        If an executing party is a natural person execution should read "Signed by ........." (with the name of the applicant being inserted in printed form as well as being signed).   If an executing party is a body corporate execution should conform to any formalities prescribed under the Companies (Northern Territory) Code relating to the affixing of the common seal.

______________________________________________________________

FORM 2

section 9B(a)

NORTHERN TERRITORY OF AUSTRALIA

Real Property (Unit Titles) Act 1975

regulation 4(b)

No.

LODGED AT REGISTRAR-GENERAL’S OFFICE

On ...........………………  At ..............…………….. By ...........………………  Correction to ...………… Fee ..........………………  Receipt .........…………... Duplicate to .....................……………………………

APPLICATION FOR REGISTRATION OF A UNITS PLAN OF SUBDIVISION OR A UNITS PLAN OF CONSOLIDATION

TO:  Registrar-General

The person or persons specified below being the registered proprietor(s)* of the land or lands specified below applies/apply* for the registration of the plan specified below and for that purpose enclose/encloses* for lodgement the documents listed in the schedule of notes on the back of this document.

DETAILS OF THE TITLES OR TITLES AFFECTED BY THE PLAN

Register

Volume

Folio

Location

Parcel

Plan

Unit

*  Delete where applicable.

DETAILS OF THE APPLICANT

Name:                                                                                                 See note 13

Address:         (for service of documents)

See note 13

NAME OF THE PLAN

UNITS PLAN OF SUBDIVISION/UNITS PLAN OF CONSOLIDATION

See note 1

Dated                                                  1987.

See note 14

............................……………                                   ...........................……………

Printed name of the proprietor                                 Signature of the proprietor

SCHEDULE OF NOTES

1.          This form is used for an application for registration of a units plan of subdivision or a units plan of consolidation.   Delete whichever is inapplicable.

2.          A subdivision or consolidation of units and or common property in a condominium development is not permitted until after completion of the final stage in that development.

3.          Three copies of the plan (units plan of subdivision or units plan of consolidation, as the case may be) that is the subject of the application must be lodged.

4.          The schedule of unit entitlements (which is part of the plan) is required in triplicate and must be sealed by the corporation.

5.          The duplicate copy of the title or titles for the land affected by the plan must be lodged.

6. If the plan is a unit plan of subdivision – the certificates issued under section 40 of the Building Act 1993 and referred to in section 21B(2)(c)(i) of the Unit Titles Act 1975 must be lodged.

7. If the plan is a units plan of subdivision in relation to a proposed building – the certification in relation to the proposed use of the land being in accordance with any applicable planning instrument referred to in section 21A(2)(c)(ii) of the Unit Titles Act 1975 must be lodged.

8. Certified copy of the unanimous resolution of approval by the body corporate of the approval of the application referred to in section 21A(b)(i) of the Unit Titles Act 1975 must be lodged.

9.          The written consents in accordance with Form 16 to the application by persons (other than the Crown) with interests in the land referred to in section 21A(b)(ii) of the Units Titles Act 1975 must be lodged.

10.        The duplicate copy of every instrument evidencing or creating an estate or interest in the land must be lodged.

11. The certificate of the body corporate of the special resolution of the body corporate to agreement to the proposed unit entitlement and proposed aggregate unit entitlement referred to in section 21D(b) of the Unit Titles Act 1975 must be lodged.

12. In the case of a units plan of subdivision, a certificate of a licensed surveyor referred to in section 21B(2)(b) of the Unit Titles Act 1975 and being in accordance with Form 7 must be lodged.

13.        Insert full name.   Occupations are not required.   Actual address should be specified.   If applicable, a postal address should be quoted.

14.        If an executing party is a natural person execution should read "Signed by the applicant..." (with the name of the applicant being inserted in printed form as well as being signed).   If an executing party is a body corporate execution should conform to any formalities prescribed under the Companies (Northern Territory) Code relating to the affixing of the common seal.

______________________________________________________________

FORM 3

section 9D(a)

NORTHERN TERRITORY OF AUSTRALIA

Real Property (Unit Titles) Act 1975

regulation 4(c)

No.

LODGED AT REGISTRAR-GENERAL’S OFFICE

On ...........………………  At ..............…………….. By ...........………………  Correction to ...………… Fee ..........………………  Receipt .........…………... Duplicate to .....................……………………………

APPLICATION FOR REGISTRATION OF A BUILDING ALTERATION PLAN

TO:       Registrar General

The person or persons described below being the registered proprietor(s)* applies/apply* for the registration of a building alteration plan in respect of the land described below and for that purpose advise/advises* that the period referred to in section 21F of the Unit Titles Act 1975 expires on the date specified below and for the purposes of lodgement enclose/enclose* the documents listed in the schedule of notes on the back of this document.

DETAILS OF THE APPLICANT

Name:

Address:   (for service of documents)                                                  See note 12

DESCRIPTION OF THE LAND

Register

Volume

Folio

Location

Parcel

Plan

Unit

DATE OF EXPIRATION OF THE PERIOD OF 28 DAYS AFTER ISSUE OF THE CERTIFICATE UNDER SECTION 40 OF THE BUILDING ACT 1993

Execution                                                                                                See note 13

* Delete where applicable.

SCHEDULE OF NOTES

1.          This form is used for an application for registration of a building alteration plan.

2. The time limit for the lodgement of this application is 28 days from the date of issue of the certificate under section 40 of the Building Act 1993.

3.          Building alterations of units in a condominium development are not permitted until after completion of the final stage in that development.

4.          Three copies of the building alteration plan must be lodged.

5.          Each copy of the plan must be signed by the registered proprietor and by a licensed surveyor.

6.          Each copy of the schedule of unit entitlement (which is part of the plan) must be sealed by the corporation.

7.          The certificate as to title for the land must be lodged.

8. The certificate of the licensed surveyor referred to in section 21F(d) of the Unit Titles Act 1975, being in accordance with Form 13, must be lodged as part of the building alteration plan.

9. The certified copy of the unanimous resolution of the body corporate referred to in section 21A(b)(i) of the Unit Titles Act 1975 must be lodged.

10. A certificate under section 40 of the Building Act 1993 must be lodged.

11.        The consents in accordance with Form 17 of approval of persons (other than the Crown) having interests to the land as referred to in section 21A(b)(ii) of the Units Titles Act 1975 must be lodged.

12.        Insert full name.   Occupations are not required.   Actual address should be specified.   If applicable, a postal address should be quoted.

13.        If an executing party is a natural person execution should read "Signed by the applicant...".   If an executing party is a body corporate execution should conform to any formalities prescribed under the Companies (Northern Territory) Code relating to the affixing of the common seal.

______________________________________________________________

FORM 4

NORTHERN TERRITORY OF AUSTRALIA

Real Property (Unit Titles) Act 1975

regulations 5(a) and 7

SURVEYOR’S CERTIFICATE

UNITS PLAN No. ............................. Sheet ............. of .....................

Plan of ................................................................................................................................…………………………………………..

Lot/Portion No. ..............................

Common prop. Vol. ............ Folio .........

Town/Hundred of ..............................

This sheet replaces ..........................

Affected title(s) ............................

Signature .................... Date ........

Approved under the Unit Titles Act 1975 as the units plan for the subdivision of the above-mentioned parcel.

This units plan was registered  on .............. at .........

Dated this ...... day of ...... 19..

..............…………...... Proprietor

.............................……………………. Minister for ................………

……………………………….................................. Registrar-General

Diagram showing location plan and floor plan

  • 1.

    Note:              Additional sheets shall be signed and dated by the licensed surveyor and the Minister.

  • 2.

    Any diagram showing a unit referred to in section 12(1)(d) of the Unit Titles Act 1975 shall contain the statement referred to in that section.

FORM 5

NORTHERN TERRITORY OF AUSTRALIA

Real Property (Unit Titles) Act 1975

regulation 5(b)

(Additional Sheets)

______________________________________________________________

Units plan No. .......................

Sheet .......... of ........... sheets

......................................

This sheet replaces ..................

______________________________________________________________
  • ............……...

    .................……….                  ...........………………….

Proprietor                    Licensed surveyor                            Minister

FORM 6

NORTHERN TERRITORY OF AUSTRALIA

Real Property (Unit Titles) Act 1975

regulations 5(c),

8(1)(b), 9(1)(b),

11(b) and 14(1)(e)

and (3)

SCHEDULE OF UNIT ENTITLEMENT

UNITS PLAN No. .........………… Sheet .....…………. of .......……… This sheet replaces ....…………..

Unit

Folio of the Register

Unit

Folio of the Register

Number Entitlement

Volume Folio

Number Entitlement

Volume Folio

The aggregate unit entitlement is ......

The folio of the Register for the common property is Volume......... Folio ........ .

Dated this                              Dated this                     Dated this        

day of        19                         day of        19                day of        19  

..................…….                     …......................                      …..………..................

    Minister                              Seal of the                              Registered proprietor

  (See note 2)                         Body Corporate                      (See notes 2 and 3)

 (See note 3)

Dated this          

day of        19    

...................……………

Registrar-General

______________________________________________________________

SCHEDULE OF NOTES

1.                A schedule of unit entitlement must be lodged for:

  • (a)

    a units plan;

  • (b)

    a units plan of subdivision;

  • (c)

    a units plan of consolidation;

  • (d)

    a building alteration plan; and

  • (e)

    a notice of conversion.

2.                A schedule of unit entitlement for a units plan shall be executed by the Minister primarily responsible for the administration of the Unit Titles Act 1975, the registered proprietor of the land that is the subject of the application and, upon registration, the Registrar-General.

3.                A schedule of unit entitlement for a units plan of subdivision, units plan of consolidation, or a building alteration plan or a notice of conversion shall be executed by the body corporate, the registered proprietor of any units physically affected by the plan and, upon registration, the Registrar-General.

______________________________________________________________

FORM 7

NORTHERN TERRITORY OF AUSTRALIA

Real Property (Unit Titles) Act 1975

regulation 6

SURVEYOR’S CERTIFICATE

I, ...................................................., a surveyor registered under the Licensed Surveyors Act 1983 certify that:

(1)        every wall, the inner surface or any part of which corresponds substantially with a line showing the floor plan relating to the proposed subdivision of a boundary of a proposed unit, exists;

(2)        every floor and ceiling, the upper or under surface or any part which forms a boundary of a proposed unit, exists;

(3)        every wall, floor, ceiling or structural cubic space, by reference to which any boundary of a proposed unit is to be ascertained, exists;

(4)        every unit illustrated by that floor plan, or floor plan and location plan, is wholly within the perimeter of a parcel;

(5)        the survey information recorded in the accompanying location plan is accurate; and

(6) for any unit limited in its vertical dimensions as referred to in section 12(1)(d) of the Unit Titles Act 1975 the unit is limited as described on the diagram.

______________________________________________________________

Dated                                                  1987.

........................………

Signature     

FORM 8

NORTHERN TERRITORY OF AUSTRALIA

Real Property (Unit Titles) Act 1975

regulation 8(1)(a)

SURVEYOR’S CERTIFICATE

UNITS PLAN OF SUBDIVISION No. ........…………….................. Sheet ........…………………….... of ...........….…………………......

Plan of ..........................................................................................             ............................……………………………………………...

Lot/Portion No. ........................………………………………………

Common prop. Vol. ..………………......... Folio ……………..........

Town/Hundred of ......................……………………………….......

This sheet replaces ......................…………………………………..

Affected title(s) ..........................……………………………………

Signature .................... Date ........

This units plan of subdivision was registered on ...........………. at …………………

..............…………...... Proprietor

……………………………….................................. Registrar-General

Diagram showing location plan and floor plan

  • 1.

    Note:              Additional sheets shall be signed and dated by the licensed surveyor and the Minister.

  • 2.

    Any diagram showing a unit referred to in section 12(1)(d) of the Unit Titles Act 1975 shall contain the statement referred to in that section.

FORM 9

NORTHERN TERRITORY OF AUSTRALIA

Real Property (Unit Titles) Act 1975

regulation 9(1)(a)

SURVEYOR’S CERTIFICATE

UNITS PLAN OF CONSOLIDATION No. ........……………........... Sheet ........…………………….... of ...............….……………......

Plan of ..........................................................................................             .................……………………………………………………...

Lot/Portion No. ........................………………………………………

Common prop. Vol. ..………………......... Folio ……………….......

Town/Hundred of ......................……………………………………..

This sheet replaces ......................………………………………….

Affected title(s) ..........................……………………………………

Signature .................... Date ........

This units plan of consolidation was registered on ........………. at .......……………………………………………………….

..............…………...... Proprietor

……………………………….................................. Registrar-General

Diagram showing location plan and floor plan

  • 1.

    Note:              Additional sheets shall be signed and dated by the licensed surveyor and the Minister.

  • 2.

    Any diagram showing a unit referred to in section 12(1)(d) of the Unit Titles Act 1975 shall contain the statement referred to in that section.

FORM 10

NORTHERN TERRITORY OF AUSTRALIA

Real Property (Unit Titles) Act 1975

regulation 10(1)

NOTICE OF CONVERSION

No.

LODGED AT REGISTRAR-GENERAL’S OFFICE

On ...........………………  At ..............…………….. By ...........………………  Correction to ...………… Fee ..........………………  Receipt .........…………... Duplicate to .....................……………………………

The registered proprietor named below and the proprietor of the units plan specified below hereby give notice that the unit specified below has been converted into common property and that the unit entitlements are as set out in the attached documents listed in the schedule of notes on the back of this document.

FOLIO OF THE REGISTER AFFECTED

Register

Volume

Folio

Location

Parcel

Plan

Unit

REGISTERED PROPRIETOR

(Full name and address)

______________________________________________________________ ______________________________________________________________

* see note 10.

UNITS PLAN

______________________________________________________________ ______________________________________________________________

Dated                                                  1987.

See note 11

Execution by the                                                       The common seal of the

registered proprietor                                                 proprietors units plan

No.     was affixed

in the presence of       

SCHEDULE OF NOTES

1.          This form is used for application for registration of a notice of conversion.

2. This notice of conversion cannot be lodged for registration until 3 months after the date of any notice required by section 21E(2)(b) of the Unit Titles Act 1975 to the local government council for the area in which the parcel is located or, for land within a prescribed area under the Northern Territory Rates Act 1971, the Minister administering the Northern Territory Rates Act 1971.

3.          Conversions of units in a condominium development are not permitted until after completion of the final stage in that development.

4.          The consents in accordance with Form 17 of all registered interests (other than the Crown) to the notice of conversion and to the new schedule of entitlements must be attached.

5.          The duplicate instruments of interests registered on the unit subject to the conversion must be attached together with their discharge.

6.          The notice must be provided in triplicate and must be signed by the registered proprietor and by the corporation.

7.          The schedule of unit entitlements (which is part of the plan) must be provided in triplicate and must be sealed by the corporation.

8.          The copy of any notice of the type referred in note 2 being in accordance with regulation 10(2)(b)(ii) must be attached and be in accordance with Form 11.

9.          The certificate as to title for the unit to be converted and for the common property must be lodged.

10.        Insert full name.   Occupations are not required.   Actual address should be specified.   If applicable a postal address should be specified.

11.        If an executing party is a natural person execution should read "Signed by the applicant...".   If an executing party is a body corporate execution should conform to any formalities prescribed by the Companies (Northern Territory) Code or, in the case of the body corporate, the Unit Titles Act 1975 relating to the affixing of the common seal.

______________________________________________________________

FORM 11

NORTHERN TERRITORY OF AUSTRALIA

Real Property (Unit Titles) Act 1975

regulation 10(2)(a)

NOTICE OF PROPOSED CONVERSION OF UNITS UNDER THE UNIT TITLES ACT 1975 INTO COMMON PROPERTY

To:        (see note 1)

I advise that it is intended, pursuant to section 21E of the Unit Titles Act 1975, to convert the unit described in Schedule 1 into common property within the meaning of the Unit Titles Act 1975 so that it will be on conversion in the ownership of the body corporate specified in Schedule 2.

Schedule 1

Register

Volume

Folio

Location

Parcel

Units Plan

Unit

Schedule 2

Registered proprietors Units Plan ..…/..…

Signed by ..................…….                                      Received by ..............………

(see note 2)                                                                (see note 3)

Note 1:       This notice should be sent in duplicate to:

  • (a)

    in the case of land within the area of a council – the council for the area; and

  • (b)

    in the case of land within a prescribed area under the Northern Territory Rates Act 1971 applies – the Minister responsible for the administration of that Act.

Note 2:       The notice can be signed by the registered proprietor of the unit or the agent or solicitor of that person.

Note 3: A duplicate of the notice should be receipted or acknowledged by the person receiving it so that the receipt or acknowledgement can be lodged as required by regulation 10(2)(b)(ii) for the purposes of section 21E(2)(b) of the Unit Titles Act 1975.

FORM 12

NORTHERN TERRITORY OF AUSTRALIA

Real Property (Unit Titles) Act 1975

Regulation 11(1)(a)

SURVEYOR’S CERTIFICATE

UNITS ALTERATION PLAN No. ........…………….............. Sheet ........…………………….... of .............…………………......

Plan of ..........................................................................................             ......................................…………………………………...

Lot/Portion No. ............................………………………………….

Common prop. Vol. ..………………......... Folio …….……..........

Town/Hundred of ......................……………………………….......

This sheet replaces ......................…………………………………..

Affected title(s) ..........................……………………………………

Signature .................... Date ........

This alteration plan was registered on .....…………………………. at .......………………………………………………………………….

..............…………...... Proprietor

……………………………….................................. Registrar-General

Diagram showing location plan and floor plan

  • 1.

    Note:              Additional sheets shall be signed and dated by the licensed surveyor and the Minister.

  • 2.

    Any diagram showing a unit referred to in section 12(1)(d) of the Unit Titles Act 1975 shall contain the statement referred to in that section.

FORM 13

NORTHERN TERRITORY OF AUSTRALIA

Real Property (Unit Titles) Act 1975

regulation 11(a)

SURVEYOR’S CERTIFICATE IN RESPECT OF A BUILDING ALTERATION PLAN

I, ..........................., a surveyor registered under the Licensed Surveyors Act 1983 certify that:

  • (a)

    the altered wall, floor, ceiling or structural cubic space has been demolished or constructed (as the case may be); and

  • (b)

    every wall, floor or ceiling referred to in paragraph (a) is wholly within the perimeter of the parcel.

Dated                                                  1987.

....................…………

Signature    

FORM 14

NORTHERN TERRITORY OF AUSTRALIA

Real Property (Unit Titles) Act 1975

regulation 12

Register             

Volume    Folio    

CERTIFICATE AS TO TITLE

I certify that the person described in Schedule 2 is the registered proprietor of an estate in fee simple in the land described in Schedule 1 subject to the rights, if any, created by the Units Titles Act 1975 and to any rights, mortgages, encumbrances, liens and interests notified in Schedule 3 or on the back of this document.

Dated                                                  1987.

Registrar-General

SCHEDULE 1

Description of the Land

LOCATION

PARCEL

PLAN

UNIT

SCHEDULE 2

Name and Address of the Registered Proprietor or Proprietors

SCHEDULE 3

Rights, Mortgages, Encumbrances, Liens and other interests in or in respect of, the Unit

Nature of instrument

Instrument number

Date of lodgement

Time of lodgement

Parties

Signature of Deputy Registrar-General

FORM 15

NORTHERN TERRITORY OF AUSTRALIA

Real Property (Unit Titles) Act 1975

regulation 13

Register

Volume    Folio    

I certify that the body corporate under the Unit Titles Act 1975 specified in Schedule 1 is registered as the proprietor of an estate in fee simple in the common property comprised in the units plan specified in Schedule 2 subject to any rights created by the Units Titles Act 1975 and the easements specified in Schedule 3 or on the back of this document and any other right or interest notified in this certificate as to title.

Dated                                                  1987.

Registrar-General

SCHEDULE 1

Name and Address of the Body Corporate

The Proprietors  Units Plan No. ...... of

SCHEDULE 2

Units Plan

SCHEDULE 3

Easements

FORM 16

NORTHERN TERRITORY OF AUSTRALIA

Real Property (Unit Titles) Act 1975

regulation 16

CONSENT TO REGISTRATION OF UNITS PLAN

The person described in Schedule 2 having the interest as described in Schedule 3 in the land referred to in Schedule 1 consents to:

  • (a)

    the registration of the units plan referred to or ascertained in accordance with Schedule 4;

  • (b)

    the schedule of unit entitlement to be lodged with the application to the Registrar-General for the registration of the units plan; and

  • (c)

    the issue of new certificates as to title for the units referred to in paragraph (a).

SCHEDULE 1

Certificates as to Title Affected

Register

Volume

Folio

Location

Parcel

Plan

Unit

SCHEDULE 2

______________________________________________________________

Name of the person, being the proprietor of the registered interest, giving the consent

______________________________________________________________

SCHEDULE 3

Details of the instrument creating the registered interest pursuant to which consent is being given

______________________________________________________________

Type of instrument

______________________________________________________________

SCHEDULE 4

_____________________________________________________________

Units plan ............................................

______________________________________________________________

Dated                                                  1987.

...............................…………..                                  .......................………….

Print name of the person                                                     Signature of the person

giving consent                                                                       giving consent

FORM 17

NORTHERN TERRITORY OF AUSTRALIA

Real Property (Unit Titles) Act 1975

regulation 17

CONSENT TO BUILDING ALTERATION PLAN

The person described in Schedule 2 having the interest as described in Schedule 3 in the land referred to in Schedule 1 consents to:

  • (a)

    the registration of the building alteration plan referred to or ascertained in accordance with Schedule 4; and

  • (b)

    the schedule of unit entitlement to be lodged with the application to the Registrar-General for the registration of the building alteration plan.

SCHEDULE 1

Certificates as to Title Affected

Register

Volume

Folio

Location

Parcel

Plan

Unit

SCHEDULE 2

______________________________________________________________

Name of the person, being the proprietor of the registered interest, giving the consent

______________________________________________________________ ______________________________________________________________

FORM 19

NORTHERN TERRITORY OF AUSTRALIA

Real Property (Unit Titles) Act 1975

regulation 19

NOTICE OF CHANGE OF ADDRESS FOR SERVICE OF DOCUMENTS

The corporation in respect of the units plan specified in Schedule 2, for the land described in Schedule 1, hereby gives notice that the address for service on it of documents has been changed to the address specified in Schedule 3.

SCHEDULE 1

Description of the Land

Register

Volume

Folio

Location

Parcel

Plan

Unit

Details of applicant

______________________________________________________________

SCHEDULE 2

Number of the Units Plan

______________________________________________________________

Units Plan                    /

______________________________________________________________ ______________________________________________________________

SCHEDULE 3

New Address

______________________________________________________________ ______________________________________________________________

Dated                                                  1987.

The COMMON SEAL OF THE PROPRIETORS

UNITS PLAN No.           has been

affixed hereto in the presence of

ENDNOTES
  • 1

    KEY

Key to abbreviations

 

amd = amended od = order

app = appendix om = omitted

bl = by-law pt = Part

ch = Chapter r = regulation/rule

cl = clause rem = remainder

div = Division renum = renumbered

exp = expires/expired rep = repealed

f = forms s = section

Gaz = Gazette sch = Schedule

hdg = heading sdiv = Subdivision

ins = inserted SL = Subordinate Legislation

lt = long title sub = substituted

nc = not commenced

  • 2

    LIST OF LEGISLATION

Real Property (Unit Titles) Regulations (SL No. 51, 1987)

Notified

23 December 1987

Commenced

23 December 1987 (r 2, s 2 Real Property (Unit Titles) Amendment Act 1986 (Act No. 25, 1986), s 2 Unit Titles Amendment Act 1986 (Act No. 24, 1986) and Gaz S82, 23 December 1987)

Amendments of Real Property (Unit Titles) Regulations (SL No. 55, 1990)

Notified

16 January 1991

Commenced

16 January 1991

Real Property (Consequential Amendments) Act 1991 (Act No. 33, 1991)

Assent date

25 June 1991

Commenced

1 October 1991 (Gaz S49, 1 October 1991)

Amendments of Real Property (Unit Titles) Regulations (SL No. 67, 1991)

Notified

11 December 1991

Commenced

1 January 1992 (r 1, s 2 Registration Amendment Act 1991 (Act No. 54, 1991) and Gaz G49, 11 December 1991, p 4)

Statute Law Revision (Miscellaneous Amendments) Act 1991 (Act No. 77, 1991)

Assent date

16 December 1991

Commenced

16 December 1991

Local Government (Consequential Amendments) Act 1993 (Act No. 84, 1993)

Assent date

31 December 1993

Commenced

1 June 1994 (s 2, s 2 Local Government Act 1993 (Act No. 83, 1993) and Gaz S35, 20 May 1994)

Amendments to Real Property (Unit Titles) Regulations (SL No. 30, 1995)

Notified

13 September 1995

Commenced

13 September 1995

Local Government (Consequential Amendments) Act 2008 (Act No. 28, 2008)

Assent date

14 November 2008

Commenced

1 July 2008 (s 2)

Local Government Amendment Act 2014 (Act No. 19, 2014)

Assent date

2 June 2014

Commenced

s 16: 1 July 2014; s 18: 1 December 2014; rem: 2 June 2014 (s 2)

Darwin Rates Amendment Act 2014 (Act No. 47, 2014)

Assent date

8 December 2014

Commenced

11 February 2015 (Gaz G6, 11 February 2015, p 7)

Termination of Units Plans and Unit Title Schemes Act 2014 (Act No. 48, 2014)

Assent date

8 December 2014

Commenced

1 January 2015 (s 2)

  • 3

    GENERAL AMENDMENTS

General amendments of a formal nature (which are not referred to in the table of amendments to this reprint) are made by the Interpretation Legislation Amendment Act 2018 (Act No. 22, 2018) to: rr 1, 5, 6, 7, 8, 9, 10, 11, 14, 17 and 21 and sch 1.

  • 4

    LIST OF AMENDMENTS

r 5                     amd No. 30, 1995, r 1

r 6                     amd No. 30, 1995, r 2

r 10                    amd Act No. 84, 1993, s 6; Act No. 28, 2008, s 4; Act No. 19, 2014, s 26; Act No. 47, 2014, s 29

rr 12 – 13           amd Act No. 33, 1991, s 7

r 18 rep Act No. 48, 2014, s 34

r 20                    amd No. 67, 1991, r 2

sch 1 amd Act No. 33, 1991, s 7; Act No. 77, 1991, s 14; Act No. 84, 1993, s 6; Act No. 28, 2008, s 4; Act No. 19, 2014, s 26; Act No. 48, 2014, s 35; Act No. 47, 2014, s 29

sch 2                 amd No. 55, 1990; Act No. 33, 1991, s 7

rep No. 67, 1991, r 3

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