Unit Titles Act 2001 (ACT)
Unit Titles Act 2001
A2001-16
Republication No 37
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 Unit Titles Act 2001 (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 does not include 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).
Unit Titles Act 2001
Contents
Page
Part 1 Preliminary
1 Name of Act 2
3 Dictionary 2
4 Notes 2
Part 2 Key concepts
Division 2.1 Unit title developments
5 Parcels 3
6 Unit title application 3
7 Units plan 3
8 Unit entitlement 4
9 Units 4
10 Class A units 4
11 Class B units 4
12 Unit subsidiaries 5
12A Meaning of annexed 5
13 Common property 5
Division 2.2 Boundaries
14 Common boundaries—internal 6
15 Common boundaries—external 6
16 Minor boundary changes 6
Part 3 Unit title applications
Division 3.1 Approval of unit title applications
17 Unit title applications—general requirements 8
17A Unit title applications—land under declared land sublease 10
17B Unit title applications—lease part of multi-lease building 12
18 Unit title applications—class A units and class B units 13
19 Unit title applications—unit subsidiaries 13
19A Unit title applications—certificates of occupancy and use 14
20 Unit title applications—approval 14
21 Unit title applications—reasonable rent 18
22 Unit title applications—amendment of development statement by authority 19
Division 3.1A Unit title assessment reports for unit title applications
22A Meaning of unit title assessor 19
22B Unit title assessment reports 20
22C Unit title assessment report applications—unit title assessor may require further information 21
22D Unit title assessment report applications—contents of request for further information 22
22E Unit title assessment report applications—effect of failure to provide further information 23
22F Unit title applications—authority may require further information 24
22G Unit title applications—contents of request for further information 24
Division 3.2 Endorsement of units plan for registration
23 Notice of approval of unit title applications 25
24 Security for staged developments and unfinished work 26
25 Territory rent for common property lease 27
26 Territory rent for unit leases—unit title proposals approved before 1 October 1975 27
27 Endorsement of units plan for registration 27
28 Lapse of endorsement after 3 months 28
Division 3.3 Amendment of development statements
29 Amendment of development statements before registration 29
30 Amendment of development statements after registration 31
31 Effect of registration of amendment 34
Part 4 Registration of units plans
Division 4.1 Subdivision, unit leases and common property lease
32 Subdivision of parcel made by registration 35
33 Leases of units and common property 35
Division 4.2 Easements
34 Unit title easement rights 36
35 Easements given by this Act 37
36 Easements declared by owners corporations 38
37 Registration—easements declared by owners corporations 39
Division 4.3 Encroachments on public unleased land
37A Effect of registration of units plan with encroachment on public unleased land 39
Part 10 Amendment of units plans
Division 10.1 Amendment of schedule of unit entitlement
146 Unit entitlement authority—grant 40
147 Unit entitlement authorities—period of effect 41
148 Unit entitlement authorities—registration 41
Division 10.2 Minor boundary changes
149 Boundary authority—grant 41
150 Boundary authority—period of effect 43
151 Boundary authorities—registration 43
Division 10.3 Building damage schemes
152 What is a building damage scheme? 43
153 Building damage orders—right of appearance 44
154 Provisional building damage order—application 45
155 Provisional building damage order—approval of scheme 46
156 Provisional building damage order—period of effect 47
157 Final building damage order—amendment of units plan 47
158 Final building damage order—period of effect 48
159 Final building damage order—registration 48
Part 11 Cancellation of units plans
Division 11.1 Cancellation authority
160 Cancellation authority—grant by territory planning authority 49
161 Cancellation authority—period of effect 50
Division 11.2 Cancellation orders
161A Cancellation orders—Supreme Court powers 51
161B Cancellation orders—provisional orders 52
161C Cancellation orders—after provisional order is made 52
161D Cancellation orders—right of appearance 53
Division 11.3 Effects of cancellation
162 Cancellation of units plan—effects 53
163 Cancellation of units plan—new lease over parcel 54
164 Dissolution of owners corporation 55
165 Dissolution of owners corporation—Supreme Court powers 56
Part 11A Changing 2-unit units plans to subdivisions
165A Application—pt 11A 58
165B Subdivision of units plan—application 58
Part 12 Lease variations and grants of further leases
Division 12.1 Variation of leases
166 Development applications to vary lease under Planning Act 2023 59
167 Lease variation—amendment of schedule of unit entitlement 60
Division 12.2 Grants of further leases
167AA Declared land subleases—grant of further leases 60
167A Grant of further leases—generally 62
167B Declared land subleases—surrender of leases in units without grant of further leases 63
Part 13 Expiry and termination of unit leases
168 Effects of lease expiry 64
169 Dissolution of owners corporation on lease expiry—Supreme Court powers 66
170 Effect of termination of unit lease 67
171 New unit lease 68
172 New unit lease—schedule of unit entitlement 69
Part 14 Notification and review of decisions
173 Definitions—pt 14 70
173A Internal review notices 70
174 Objections 71
174A Internal reviewer 72
175 Review by internal reviewer 72
176 Reviewable decision notices 72
177 Effect of decision to allow objection 73
177A Applications for review 73
Part 15 Miscellaneous
179 Determination of fees 74
180 Approved forms 74
181 Regulation-making power 74
Schedule 1 Reviewable decisions 75
Dictionary79
Endnotes
1 About the endnotes 89
2 Abbreviation key 89
3 Legislation history 90
4 Amendment history 95
5 Earlier republications 120
6 Expired transitional or validating provisions 123
Unit Titles Act 2001
An Act to provide for the subdivision of land by units plans, and for other purposes
Part 1Preliminary
Name of Act
This Act is the Unit Titles Act 2001.
Dictionary
The dictionary at the end of this Act is part of this Act.
Note 1The dictionary at the end of this Act defines certain terms used in this Act, and includes references (signpost definitions) to other terms defined elsewhere.
For example, the signpost definition ‘owners corporation—see the Unit Titles (Management) Act 2011, dictionary.’ means that the term ‘owners corporation’ is defined in that dictionary and the definition applies to this Act.
Note 2A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).
Notes
A note included in this Act is explanatory and is not part of this Act.
NoteSee the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.
Part 2Key concepts
Division 2.1 Unit title developments
Parcels
A parcel is land—
(a)proposed (in a unit title application) to be subdivided under this Act; or
(b)comprising the whole of the land subdivided under this Act (as shown in a registered units plan).
NoteA parcel includes land under a declared land sublease.
Unit title application
A unit title application is an application under section 17 for the subdivision of land under this Act.
Units plan
(1)After a unit title application has been approved, there is a units plan consisting of the following documents mentioned in section 27 (Endorsement of units plan for registration):
(a)diagrams showing the subdivision;
(b)if the application provides for a staged development—the development statement;
(c)the schedule of unit entitlement;
(d)schedules of rent and lease provisions.
(2)After those documents have been registered, the units plan consists of the registered documents as amended from time to time under this Act.
Unit entitlement
(1)The schedule of unit entitlement forming part of a units plan is a schedule indicating (by numbers assigned to each unit) the improved value of each unit relative to each other unit (the unit’s unit entitlement).
(2)For this Act, the total unit entitlement under a schedule of unit entitlement must be 10, 100, 1 000, 10 000 or 100 000.
Units
(1)A unit is a part of a parcel shown in a unit title application or a units plan as a unit.
(2)After a units plan is registered, a unit of the units plan includes any unit subsidiary shown on the units plan as annexed to the unit.
Class A units
(1)A class A unit is a unit that is identified as a class A unit—
(a)before a units plan is registered—in the relevant unit title application; or
(b)after the relevant units plan is registered—in the units plan.
(2)After a units plan is registered, a class A unit of the units plan includes any unit subsidiary shown on the units plan as annexed to the unit.
NoteA unit title application must show a class A unit as part of a building bounded by reference to floors, walls and ceilings (see s 18).
Class B units
(1)A class B unit is a unit that is identified as a class B unit—
(a)before a units plan is registered—in the relevant unit title application; or
(b)after the relevant units plan is registered—in the units plan.
(2)After a units plan is registered, a class B unit of the units plan includes any unit subsidiary shown on the units plan as annexed to the unit.
NoteA unit title application must show a class B unit as land unlimited in height, except to the extent of any encroachment, whether at, above or below ground level, by another part of the parcel (see s 18).
Unit subsidiaries
A unit subsidiary is a part of a parcel identified as a unit subsidiary annexed to a unit—
(a)before a units plan is registered—in the relevant unit title application; or
(b)after the relevant units plan is registered—in the units plan.
NoteA unit title application must show a unit subsidiary as a building (or part of a building) of a kind prescribed by regulation, or as a building (or part of a building) or land suitable for a purpose prescribed by regulation (see s 19 and Unit Titles Regulation 2001, s 3).
12AMeaning of annexed
A unit subsidiary or an easement that is stated by this Act to be annexed to a unit, common property or an estate in leasehold is taken to be appurtenant to the unit, common property or estate.
NoteProperty in a unit subsidiary or easement that is, at law, ‘appurtenant’ to a unit, common property or a leasehold estate is transferred with that estate when the unit, common property or lease is transferred.
Common property
Common property is all the parts of a parcel identified as common property—
(a)before a units plan is registered—in the relevant unit title application; or
(b)after the relevant units plan is registered—in the units plan.
NoteA unit title application must show as common property all parts of the parcel that are not shown as units or unit subsidiaries (see s 17 (3) (c)).
Division 2.2 Boundaries
Common boundaries—internal
If a floor, wall or ceiling separates a class A unit or a unit subsidiary from common property or another unit or unit subsidiary, the common boundary lies along the centre of the floor, wall or ceiling, unless otherwise specified in the relevant unit title application or units plan.
Common boundaries—external
If a class A unit or a unit subsidiary is bounded by an external wall of the building containing the units, then, unless otherwise indicated in the relevant unit title application or units plan—
(a)the boundary of the unit or unit subsidiary lies along the centre of the wall; and
(b)the part of the wall outside the boundary is common property.
Minor boundary changes
A minor boundary change is a change to the boundaries between units, or between units and the common property, to which all of the following criteria apply:
(a)the change would not involve any change of the boundaries of the parcel;
(b)the change would not substantially change the units plan, or the proposed units plan;
(c)the change would not result in any inconsistency arising with the provisions of the lease (or any declared land sublease) under which any of the units, or the common property, is held;
(d)approval under this Act or any other relevant territory law for the subdivision and development of the parcel would still have been given if the proposals for the subdivision of the parcel under this Act, or any other relevant development proposals, had shown the boundaries as they are proposed to be changed.
Part 3Unit title applications
Division 3.1 Approval of unit title applications
Unit title applications—general requirements
(1)This section applies to a parcel if the remaining term of the parcel’s lease is at least 50 years.
(2)The lessee of the parcel may apply to the territory planning authority for approval of the subdivision of the parcel under this Act.
Note 1A fee may be determined under s 179 for this section.
Note 2If a form is approved under s 180 for an application, the form must be used.
(3)The application must provide for the subdivision of the parcel into—
(a)class A units or class B units, but not both; and
(b)unit subsidiaries (if any are provided for in the application); and
(c)common property (for the remaining parts of the parcel).
NoteThe requirements for what may be shown as class A units, class B units and unit subsidiaries are set out in s 18 and s 19.
(4)The application may provide for the development of all or some of the units and unit subsidiaries (their staged development) after the approval of the application.
NoteAn application for a staged development may be approved only if—
(a)the development has development approval under the Planning Act 2023 (see s 20 (3) and that Act, ch 7); and
(b)for developments of class A units, the boundary floors, walls and ceilings of each unit have already been built in accordance with the development statement (see s 20 (3)).
(5)The application must include—
(a)if the parcel is prescribed by regulation—
(i)a unit title assessment report that is not more than 3 months old; and
(ii)if a work approval for the development is required under the Public Unleased Land Act 2013, section 19 (Approval to carry out work on public unleased land)—a copy of the approval; and
(b)a plan prepared by a registered surveyor showing anything prescribed by regulation.
NoteUnit title assessment report—see s 22B.
(6)The application must include a statement about the proposed use of the units indicating—
(a)the full list of potential authorised uses under the lease for the parcel; and
(b)if the developer proposes to restrict the use of a unit to a subset of the potential uses mentioned in paragraph (a)—
(i)the proposed subset of uses that applies to the unit; and
(ii)the conditions (if any) applying to a stated use.
Example—par (b) (ii)
use of a unit for ‘shop’ only if that use will not make the total gross floor area of the building that is used for ‘shop’ more than 800m2
(7)If the application provides for a staged development, it must include—
(a)a development statement prepared in accordance with the regulations; and
(b)on the completion of each stage of the development, the documents mentioned in subsection (5).
(8)In this section:
stage, of a development, means a stage identified in the development statement.
17AUnit title applications—land under declared land sublease
(1)This section applies to an application to the territory planning authority for approval of the subdivision of a parcel of land under a declared land sublease.
(2)The Crown lessee must consent, in writing, to the application.
(3)For subsection (2)—
(a)the sublessee must request the Crown lessee’s consent, in writing; and
(b)within 10 working days after receiving the request, or any longer period agreed by the sublessee and Crown lessee, the Crown lessee may, in writing, ask the sublessee to give the Crown lessee information about the following:
(i)the proposed subdivision of the land;
(ii)the use of the units in the units plan; or
(c)if the Crown lessee has mortgaged the land under the Crown lease and the consent of the Crown lessee’s mortgagee is required under the mortgage to the application—
(i)the Crown lessee must—
(A)tell the Crown lessee’s mortgagee that the request by the sublessee has been made and of the terms of the request; and
(B)if asked by the mortgagee—ask the sublessee for the information mentioned in paragraph (b) and give the information to the mortgagee; and
(ii)the Crown lessee’s mortgagee must consent or refuse consent (including reasons for the refusal), in writing, to the Crown lessee and the sublessee within 10 working days after—
(A)being told about the sublessee’s request; or
(B)if the mortgagee asks for information under paragraph (c) (i) (B)—receiving the information; and
(iii)the Crown lessee must consent or refuse consent (including reasons for the refusal), in writing, to the sublessee; and
(d)if paragraph (c) does not apply—the Crown lessee must consent or refuse consent (including reasons for the refusal), in writing, within 10 working days after—
(i)receiving the sublessee’s request; or
(ii)if the Crown lessee asks for information under paragraph (b)—receiving the information; and
(e)the sublessee is responsible for the reasonable costs of the Crown lessee, and the Crown lessee’s mortgagee, in making a decision about whether to consent to the unit title application (not including any costs incurred in relation to an order under subsection (4) (c) (ii)).
NoteIf no time is provided for doing a thing under this subsection, the thing must be done as soon as possible (see Legislation Act, s 151B).
(4)For subsection (3) (c) and (d)—
(a)a person to whom a request for consent is made (the request receiver) is taken to have consented to the unit title application if the request receiver does not consent or refuse consent within the relevant period mentioned in subsection (3) (c) (ii) and (d); and
(b)a request receiver may only refuse consent if the request receiver has reasonable grounds for believing—
(i)the proposed subdivision of the land, or the use of the units in the units plan, will not be compatible with other sublessees under the Crown lease; or
(ii)the sublessee is in breach of the sublease; and
(c)if a request receiver refuses consent—
(i)the sublessee may apply to the Magistrates Court for an order that the request receiver has refused consent otherwise than in accordance with this section; and
(ii)if the Magistrates Court is satisfied the request receiver has refused consent otherwise than in accordance with this section, the Court must order that the request receiver is taken to have consented to the request.
17BUnit title applications—lease part of multi-lease building
(1)This section applies to an application under section 17 or section 17A to the territory planning authority for approval of the subdivision of a parcel if—
(a)there is a building on, or proposed for, any part of the parcel; and
(b)the building includes leases that are not included in the application; and
(c)the parcel is not part of a community title scheme approved under the Community Title Act 2001, section 10.
(2)The application must include a building management statement.
Unit title applications—class A units and class B units
(1)A unit title application must show any class A unit as part of a building, with boundaries defined by reference to the floors, walls and ceilings of the building as shown in the application.
(2)A unit title application must show any class B unit as land that has boundaries unlimited in height except to the extent of any encroachment at, above or below ground level by another part of the parcel.
Unit title applications—unit subsidiaries
(1)A unit title application must show any unit subsidiary as—
(a)a building, or part of a building, of a kind prescribed by regulation; or
(b)a building, part of a building, or land, that is suitable for a purpose prescribed by regulation.
NoteSee the Unit Titles Regulation 2001, s 3 for the permissible kinds of unit subsidiaries and purposes.
(2)The application must show any unit subsidiary consisting of a building or part of a building with boundaries defined by reference to the floors, walls and ceilings of the building.
(3)The application must show any unit subsidiary consisting of land as having boundaries unlimited in height except to the extent of any encroachment at, above or below ground level by another part of the parcel.
(4)The application must show unit subsidiaries as annexed to a particular unit, but need not show unit subsidiaries as adjoining the unit.
19AUnit title applications—certificates of occupancy and use
(1)At the time of making a unit title application, or at any time before the application is approved under section 20, the applicant must give the registrar‑general a copy of the most recent certificate of occupancy and use—
(a)for each unit in the parcel; and
(b)for any structure within the boundaries of the common property.
(2)In this section:
certificate of occupancy and use means—
(a)for a development on or after 1 July 1995—a certificate of occupancy issued under, or taken to be issued under, the Building Act 2004; or
(b)for a development before 1 July 1995—a certificate of occupancy issued under the Building Act 1972 (repealed) and the approval of plumbing or drainage work issued under the Energy and Water Act 1988 (repealed).
Unit title applications—approval
(1)The territory planning authority may approve a unit title application if satisfied on reasonable grounds that—
(a)the application is in accordance with this Act; and
(b)each unit is (or will be) suitable for separate occupation; and
(c)the proposed use for each unit—
(i)is permitted under the lease for the parcel; and
(ii)is consistent with any development approval under the Planning Act 2023, chapter 7, or condition subject to which a development approval is given, applying to the building or use of the relevant building; and
Note 1If a development approval relates to the use of land, or of a building or other structure on land, a condition of the approval may be that the use may take place only in stated circumstances or at stated times (see Planning Act 2023, s 187 (2) (i)).
Note 2The territory planning authority must not do any act that is inconsistent with the territory plan (see Planning Act 2023, s 52).
(d)the proposed schedule of unit entitlement is reasonable, having regard to the prospective relative improved values of the units; and
(e)if the application shows an encroachment on public unleased land by an attachment to a building—
(i)if the attachment exists on the day the application is lodged with the authority—the attachment is an authorised existing attachment; or
NoteAuthorised existing attachment—see s (10).
(ii)in any other case—
(A)the encroachment would not endanger public safety or unreasonably interfere with the amenity of the neighbourhood; and
(B)it is not in the public interest to refuse to approve the application because of the encroachment; and
(f)if the application includes a building management statement—
(i)the statement has been approved under the Land Titles Act 1925, section 123I; or
(ii)the requirements mentioned in the Land Titles Act 1925, section 123I (2) are met.
(2)If a unit title application provides for staged development, the territory planning authority may approve a stage of the development (a development stage) as if the stage were a unit title application.
(3)The territory planning authority may approve a development stage only if satisfied that—
(a)the development has development approval under the Planning Act 2023, chapter 7; and
(b)for a staged development of class A units—the boundary floors, walls and ceilings of each unit in the development stage have been built in accordance with the development statement.
(4)Also, if a unit title application relates to a lease located within a prescribed zone, the territory planning authority may approve the application only if the lease states the number of units (however described) permitted on the land and the application is for not more than the permitted number of units.
(5)The territory planning authority may refuse to approve the application if the lessee is in breach of the lease, or of a provision of (or requirement under) the Planning Act 2023 that applies because the lessee is the lessee of the parcel.
(6)The territory planning authority may refuse to approve the application if the proposed subdivision would be inconsistent with the requirements of the heritage register.
(7)The territory planning authority may refuse to approve the application if—
(a)the applicant is required to provide the authority with a unit title assessment report under section 17 and—
(i)has not provided a unit title assessment report; or
(ii)has provided a unit title assessment report that is more than 3 months old; or
(b)the applicant is required to provide a copy of either of the following documents to the authority and the applicant has not provided the document:
(i)for section 17 (5) (a) (ii)—a work approval under the Public Unleased Land Act 2013, section 19;
(ii)for section 19A (1)—a certificate of occupancy and use; or
(c)the authority has asked for further information under section 22F and the applicant has not provided some or all of the information by—
(i)the end of the period stated in the request; or
(ii)if the authority has extended the period within which the further information must be provided—the end of that period.
(8)If a parcel is leased for rural purposes, the territory planning authority may approve the application only if—
(a)criteria have been determined by the authority for the approval of rural unit title applications; and
(b)the application is in accordance with the criteria.
(9)A determination under subsection (8) (a) is a disallowable instrument.
NoteA disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act.
(10)In this section:
authorised existing attachment, in relation to a unit title application, means—
(a)if the application includes the cancellation of a units plan (the old plan) that was registered before 1 January 2002—the old plan shows the attachment; or
(b)in any other case—the attachment was lawful when it was constructed.
certificate of occupancy and use—see section 19A (2).
prescribed zone means a zone identified in the territory plan that is prescribed by regulation.
stage, of a staged development, means a stage identified in the development statement.
Unit title applications—reasonable rent
(1)If the territory planning authority considers that the rent proposed in a unit title application to be reserved for the lease of 1 or more units is not reasonable in the circumstances, the authority must determine what rent is reasonable for the relevant unit or units.
(2)The total rent for all units, worked out in accordance with the territory planning authority’s determination, must not exceed the rent payable under the lease of the parcel when the determination is made.
(3)If the total rent for all units, worked out in accordance with the territory planning authority’s determination, equals the rent payable under the lease of the parcel when the determination is made, a decision (under part 14 (Notification and review of decisions)) on an objection or review of the authority’s determination must not change the total amount.
Unit title applications—amendment of development statement by authority
If a unit title application provides for a staged development, the territory planning authority may, before approving the application under section 20, amend the development statement if the authority considers it reasonable to do so to minimise the adverse effect of the development on anyone’s amenity while it is taking place.
Examples of people whose amenity may be affected
1 owners or occupiers of units
2 owners or occupiers of nearby premises
3 members of the public who regularly use the surrounding area
Division 3.1A Unit title assessment reports for unit title applications
22AMeaning of unit title assessor
In this Act:
unit title assessor means—
(a)a works assessor licensed under the Construction Occupations (Licensing) Act 2004; or
NoteWorks assessor—see the Construction Occupations (Licensing) Act 2004, s 14A.
(b)a building surveyor licensed under the Construction Occupations (Licensing) Act 2004 when providing a works assessment service.
NoteBuilding surveyor—see the Construction Occupations (Licensing) Act 2004, s 9.
22BUnit title assessment reports
(1)An applicant under section 17 (the applicant) may apply, in writing, to a unit title assessor for a report (a unit title assessment report).
(2)The application must include any details or material prescribed by regulation.
Examples
1 proposed unit title plans
2 information about a development approval
NoteIf a form is approved under s 180 for this provision, the form must be used.
(3)If a unit title assessor receives an application under subsection (1) and the unit title assessor agrees to undertake the work, the unit title assessor must—
(a)prepare a unit title assessment report and give it to the applicant; and
Note 1The report must be prepared and given to the applicant as soon as possible (see Legislation Act, s 151B).
Note 2The unit title assessor may refuse to prepare and provide a report if the unit title assessor does not have enough information (see s 22E).
(b)not later than 5 working days after the day the assessor gives the report to the applicant—give a copy of the report to the territory planning authority.
(4)If, after taking reasonable steps, an applicant cannot find a unit title assessor who will agree to prepare a unit title assessment report, the applicant may apply to the construction occupations registrar to appoint a unit title assessor to prepare a unit title assessment report and give it to the applicant.
(5)A regulation may prescribe the requirements for a unit title assessment report, including—
(a)what the report must contain; or
(b)anything that must accompany the report.
22CUnit title assessment report applications—unit title assessor may require further information
(1)This section applies if—
(a)a unit title assessor requires further information to prepare a unit title assessment report under section 22B; and
(b)the applicant and the unit title assessor have not agreed that the unit title assessor will obtain the further information; and
(c)the unit title assessor believes on reasonable grounds that the further information will help the unit title assessor to prepare the report.
(2)The unit title assessor may, by written notice, ask the applicant to give the unit title assessor stated further information in relation to the application.
(3)This section does not entitle a unit title assessor to require—
(a)photographs to be taken by someone other than the owner of the parcel of land; or
(b)photographs to be taken using equipment other than equipment of the owner’s choice; or
(c)further information if—
(i)the unit title assessor has, or has reasonable access to, suitable information that allows the unit title assessor to decide the application without personally inspecting the land where the building work is to be carried out; or
(ii)a territory law requires the unit title assessor to personally obtain or be given the information.
Examples—suitable information unit title assessor has or has reasonable access to
1 The website provides aerial photographs and topographical information including ground contours for some ACT areas. If the land to which an application relates is covered by the website, the photographs and contours have sufficient information, and are accurate and recent enough, to decide the application in relation to tree and ground‑height related matters, the unit title assessor may not require further information or documents by way of photographs or topographical information in relation to trees and ground heights.
2 A unit title assessor may verify land tenure and permit and statutory approval matters by contacting the statutory custodians of the information to a sufficient degree to decide the application in relation to those matters. The unit title assessor may not require further information in relation to those matters.
3 The land to which an application relates is covered by but, because the slope of the land to be built on is steeper than would be adequately shown on the website, the unit title assessor does not have suitable information to allow the unit title assessor to decide the application without personally inspecting the land. Another website has some topographical information on the land, but it is not of sufficient resolution, or recent enough, to be relied on by the unit title assessor in relation to ground heights to decide the application. The unit title assessor may require further information in relation to ground heights.
(4)For this section, a unit title assessor that is a partnership inspects land personally if any partner inspects the land.
22DUnit title assessment report applications—contents of request for further information
(1)A request under section 22C must—
(a)state the period within which the further information asked for must be provided; and
(b)if the further information is not a document—state that the further information must be provided in writing; and
(c)state that the applicant need not provide the further information, but if the applicant fails to provide some or all of the information in accordance with the request, the unit title assessor may refuse to provide a unit title assessment report under section 22E; and
(d)state that, despite the applicant and unit title assessor having previously not agreed that the unit title assessor would obtain the further information, the applicant and unit title assessor may agree that the unit title assessor will obtain the information.
(2)The request may require the applicant to give a statement confirming all or part of any information provided.
NoteIt is an offence to make a false or misleading statement, give false or misleading information or produce a false or misleading document (see Criminal Code, pt 3.4).
(3)The period stated under subsection (1) (a) must be at least 20 working days or, if a shorter period is prescribed by regulation, the shorter period.
(4)The unit title assessor may, on application before the end of the period stated under subsection (1) (a), extend the period within which the further information must be provided once only, for a period not longer than 20 working days.
22EUnit title assessment report applications—effect of failure to provide further information
(1)This section applies if—
(a)a unit title assessor has asked for further information under section 22C in relation to an application; and
(b)the applicant has not provided some or all of the information by—
(i)the end of the period stated in the request; or
(ii)if the unit title assessor has extended the period within which the further information must be provided—the end of that period; and
(c)the applicant and the unit title assessor have not agreed that the unit title assessor will obtain the further information.
(2)The unit title assessor may refuse to prepare and provide a unit title assessment report under section 22B.
22FUnit title applications—authority may require further information
(1)This section applies if—
(a)an applicant has provided a unit title assessment report under section 17; and
(b)further information is needed for the territory planning authority to be able to decide the application under section 20; and
(c)the authority believes on reasonable grounds that the further information will help the authority to decide the application
(2)The authority may, by written notice, ask the applicant to give the authority stated further information in relation to the application.
22GUnit title applications—contents of request for further information
(1)A request under section 22F must—
(a)state the period within which the further information asked for must be provided; and
(b)if the further information is not a document—state that the further information must be provided in writing; and
(c)state that the applicant need not provide the further information, but if the applicant fails to provide some or all of the information in accordance with the request, the authority may refuse to approve the unit title application under section 20 (7).
(2)The period stated under subsection (1) (a) must be at least 20 working days or, if a shorter period is prescribed by regulation, the shorter period.
(3)The authority may, on application before the end of the period stated under subsection (1) (a), extend the period within which the further information must be provided once only, for a period not longer than 20 working days.
Division 3.2 Endorsement of units plan for registration
Notice of approval of unit title applications
(1)If the territory planning authority approves a unit title application for a parcel, the authority must give the lessee of the parcel—
(a)written notice of approval including—
(i)if the application provides for a staged development—a copy of the development statement, signed by the authority, as amended (if at all) under section 22; and
(ii)particulars of any security required under section 24; and
(b)a schedule setting out, for each unit—
(i)the rent to be reserved under the lease; and
(ii)the provisions subject to which the lease is to be held including the permitted uses and—
(A)whether the unit is restricted to residential use only; and
(B)if the unit is not restricted to residential use only—the full list of potential uses; and
(C)any conditions on a particular use; and
(c)a schedule setting out the provisions subject to which the lease of the common property is to be held.
(2)The rent reserved under the lease of a unit as indicated in the schedule mentioned in subsection (1) (b) is the rent for that unit (including any unit subsidiary annexed to the unit) indicated in the application or as decided by the territory planning authority under section 21 (Unit title applications—reasonable rent).
Security for staged developments and unfinished work
(1)This section applies to—
(a)a staged development; or
(b)any works (including, for example, landscaping, roadworks and work on driveways) required to give effect to a development provided for in an approved unit title application that (in the territory planning authority’s opinion) will not be complete when the units plan is endorsed under section 27.
(2)If this section applies, the territory planning authority may, by written notice to the lessee of the parcel, require the lessee to give a bond to the Territory providing security for—
(a)if it is a staged development—the completion of the development in accordance with the development statement; or
(b)in any other case—the completion of the works, as provided for in the unit title application, within the time stated in the notice.
NoteIf a form is approved under s 180 for a bond, the form must be used.
(3)The required security must not exceed—
(a)for a staged development—10% of the total cost of the work required to be carried out to complete the staged development; or
(b)in any other case—the amount required to complete the incomplete works under the notice.
(4)If a bond is forfeited, the Territory is entitled to all of the security or to a lesser amount decided by the territory planning authority.
Territory rent for common property lease
The rent reserved under a lease of common property is 5 cents per year payable if and when demanded.
Territory rent for unit leases—unit title proposals approved before 1 October 1975
If proposals for the subdivision of a parcel of land were approved under the Unit Titles Act 1970 before 1 October 1975 (whether conditionally or otherwise), the rent reserved under the lease of any unit provided for by the proposals is 5 cents per year payable if and when demanded.
Endorsement of units plan for registration
(1)If the territory planning authority has approved a unit title application, the lessee of the parcel may submit to the authority for endorsement under this section a units plan consisting of the following documents:
(a)diagrams showing the subdivision as approved (including the nature and extent of any encroachment mentioned in section 20 (1) (e) (Unit title applications—approval));
(b)if the application provides for a staged development—
(i)the development statement as approved; or
(ii)if the development statement has been amended under section 29—the development statement as amended;
(c)the schedule of unit entitlement as approved;
(d)the schedules of rent and lease provisions given to the lessee under section 23 (1) (b) and (c).
(2)The documents must comply with the regulations.
(3)The territory planning authority must approve the documents as the units plan in accordance with the regulations unless—
(a)there has been any development on the parcel since the application was approved by the authority (except any part of a staged development carried out in accordance with the development statement); or
(b)the lessee is in breach of the lease, or of a provision of (or requirement under) the Planning Act 2023 that applies because the lessee is the lessee of the parcel; or
(c)the documents submitted to the authority are not in accordance with the application as approved, or do not comply with this section; or
(d)the full amount of any security required under section 24 has not been provided with the documents.
Lapse of endorsement after 3 months
(1)An endorsement of a units plan (under section 27) ceases to have effect—
(a)3 months after it was made, unless the units plan has been lodged with the registrar-general for registration under the Land Titles (Unit Titles) Act 1970; or
(b)if the units plan is lodged within 3 months after the endorsement was made, and is subsequently withdrawn under that Act, section 26—when the endorsement under that section is made by the registrar-general.
(2)If an endorsement of a units plan ceases to have effect, the lessee of the parcel may again submit the units plan to the territory planning authority for endorsement under section 27.
(3)If the lessee of the parcel again submits the units plan to the territory planning authority for endorsement under section 27, that section and this section apply as if the previous endorsement had not been made.
Division 3.3 Amendment of development statements
Amendment of development statements before registration
(1)After a unit title application providing for a staged development is approved (under section 20) and before the units plan is registered, the lessee of the parcel may apply to the territory planning authority for the amendment of the development statement.
Note 1A fee may be determined under s 179 for this section.
Note 2If a form is approved under s 180 for an application, the form must be used.
(2)The territory planning authority may amend the development statement as applied for if satisfied on reasonable grounds that—
(a)the applicant has obtained the written agreement to the amendment of each person with an interest in the parcel (except any interested person to whom subsection (3) applies); and
(b)any change of unit or common property boundaries provided for by the amendment is a minor boundary change.
(3)The territory planning authority may amend the development statement despite the applicant’s failure to obtain an interested person’s agreement if the authority is satisfied on reasonable grounds that—
(a)the applicant could not reasonably be aware of that interest, or has made reasonable efforts to obtain the agreement; and
(b)either—
(i)the interested person would not suffer any substantial long‑term detriment because of the proposed amendment; or
(ii)despite that failure, it is desirable to authorise the amendment having regard to the overall interests of everyone with interests in the parcel.
(4)The territory planning authority may refuse to amend the development statement if, in the authority’s opinion based on reasonable grounds, the amendment would result in the development having a significantly adverse effect on anyone’s amenity while it is taking place.
Examples of people whose amenity may be affected
1 owners or occupiers of units
2 owners or occupiers of nearby premises
3 members of the public who regularly use the surrounding area
(5)If the amendment of the development statement requires the change of boundaries, the territory planning authority may amend the schedule of unit entitlement to reflect the change of boundaries, if satisfied on reasonable grounds that the amendment is necessary to reflect accurately a potential change in the relative improved values of the units.
Amendment of development statements after registration
(1)After a units plan that is subject to a staged development has been registered, and before the development is completed, the lessee of the parcel immediately before registration may apply to the territory planning authority for the amendment of the development statement.
Note 1A fee may be determined under s 179 for this section.
Note 2If a form is approved under s 180 for an application, the form must be used.
(2)If the amendment of the development statement only affects an uncompleted stage of a staged development, the territory planning authority may amend the development statement as applied for if satisfied on reasonable grounds that—
(a)the applicant has obtained the written agreement to the amendment of each person with an interest in a unit in that part of the parcel comprising the uncompleted stages of the development (except any interested person to whom subsection (3) applies); and
(b)any change of unit or common property boundaries provided for by the amendment is a minor boundary change within the uncompleted stages of the development.
(3)The territory planning authority may amend the development statement under subsection (2) despite the applicant’s failure to obtain an interested person’s agreement if the authority is satisfied on reasonable grounds that—
(a)the applicant could not reasonably be aware of that interest, or has made reasonable efforts to obtain the agreement; and
(b)either—
(i)the interested person would not suffer any substantial long‑term detriment because of the proposed amendment; or
(ii)despite that failure, it is desirable to authorise the amendment having regard to the overall interests of everyone with interests in that part of the parcel comprising the uncompleted stages of the development.
(4)If subsection (2) does not apply, the territory planning authority may amend the development statement as applied for if satisfied on reasonable grounds that—
(a)the application is authorised by a special resolution of the owners corporation made within 3 months before the day the application is given to the authority; and
(b)the applicant has obtained the written agreement of each interested nonvoter (except any interested nonvoter to whom subsection (5) applies); and
(c)any change of unit or common property boundaries provided for by the amendment is a minor boundary change.
(5)The territory planning authority may amend the development statement under subsection (4) despite the applicant’s failure to obtain an interested nonvoter’s agreement if the authority is satisfied on reasonable grounds that—
(a)the applicant has made reasonable efforts to obtain the agreement; and
(b)either—
(i)the interested nonvoter would not suffer any substantial long-term detriment because of the proposed amendment; or
(ii)despite that failure, it is desirable to authorise the amendment having regard to the overall interests of everyone with interests in the units and the common property.
(6)The territory planning authority may refuse to amend the development statement if, in the authority’s opinion based on reasonable grounds, the amendment would result in the development having a significantly adverse effect on anyone’s amenity while it is taking place.
Examples of people whose amenity may be affected
1 owners or occupiers of units
2 owners or occupiers of nearby premises
3 members of the public who regularly use the surrounding area
(7)The territory planning authority may authorise the amendment of the schedule of unit entitlement to reflect a change of boundaries if—
(a)the amendment of the development statement requires the change of boundaries; and
(b)the authority is satisfied, on reasonable grounds, that the amendment is necessary to reflect accurately a change in the relative improved values of the units.
(8)If the territory planning authority authorises the amendment of the schedule of unit entitlement under this section—
(a)the authority must—
(i)endorse the amended schedule of unit entitlement; and
(ii)give a notice of authorisation to the lessee; and
(b)the lessee must lodge with the registrar-general—
(i)the endorsed amended schedule of unit entitlement; and
(ii)the notice of authorisation.
(9)If the territory planning authority amends the development statement under this section—
(a)the authority must endorse the amended development statement; and
(b)the lessee must lodge with the registrar-general the endorsed amended development statement.
Effect of registration of amendment
(1)On the registration of an amended development statement, and any amended schedule of unit entitlement, lodged under section 30—
(a)the units plan is amended accordingly; and
(b)if unit or common property boundaries are changed—the land covered by each affected lease is the area of land indicated by the boundaries as changed.
(2)A change of unit or common property boundaries under this section is not a variation of a lease for the Planning Act 2023, chapter 7 (Development assessment and approvals).
Part 4Registration of units plans
Division 4.1 Subdivision, unit leases and common property lease
Subdivision of parcel made by registration
On and after the registration of a units plan, the parcel is subdivided as specified in the diagrams in the units plan.
Leases of units and common property
(1)On the registration of a units plan, the lease of the parcel ends.
(2)On registration of the units plan—
(a)the former lessee is granted a lease for each unit in the units plan; and
(b)the owners corporation is granted a lease for the common property.
(3)A lease mentioned in subsection (2)—
(a)is subject to the provisions set out in the units plan; and
(b)is taken to be granted by the Territory under the Planning Act 2023, chapter 10.
Note 1On the registration of a units plan, an owners corporation for the units plan is established (see Unit Titles (Management) Act 2011, s 8).
Note 2The original lease for the parcel is cancelled on registration of the units plan (see Land Titles (Unit Titles) Act 1970, s 10 (1) (a)). If a registered units plan is subsequently cancelled the leases under this section are cancelled and the new lease that arises reverts to the terms of the original lease (see s 162 and s 163).
(4)For subsection (2), registration of a units plan that subdivides a parcel of land under a declared land sublease ends the sublease.
(5)The term of the leases of the units and of the common property begins on the registration of the units plan and ends on the date (stated in the units plan) when, apart from the operation of this section, the term of the lease of the parcel would have ended.
(6)The lease of which a person or the owners corporation becomes the holder under this section—
(a)is subject to any mortgage mentioned in the Land Titles (Unit Titles) Act 1970, section 8; and
(b)is subject to, and has annexed to it, any easement mentioned in that section; and
(c)is subject to, and has annexed to it, the easements given by this Act, section 35.
(7)In this section:
former lessee means the person who was the lessee of the parcel immediately before registration.
Division 4.2 Easements
Unit title easement rights
This division applies to the following rights (unit title easement rights) that the owner of a benefited estate may have against the owner of a burdened estate:
(a)rights of support, shelter and protection (including rights for shelter provided by encroaching eaves, awnings or similar structures)—
(i)provided by the burdened estate at the time of the registration of the units plan, or at the time of the latest amendment (if any) of the plan after its registration; and
(ii)that will be provided by the burdened estate on compliance by its owner with a building and development provision (if any) in the lease of the burdened estate;
(b)rights to utility services, and to their provision by any reasonable form of utility conduit (including rights for the collection, passage and drainage of rainwater by encroaching eaves, gutters, downpipes or similar structures);
(c)all ancillary rights necessary to make the rights mentioned in paragraphs (a) and (b) effective, including a right of entry by the owner of the benefited estate at all reasonable times on the burdened estate for the inspection and maintenance of—
(i)any building on the estate; and
(ii)facilities for any utility service on the estate; and
(iii)any utility conduit on the estate.
NoteEstate is defined in the dictionary as a unit or common property (in this context).
Easements given by this Act
(1)On and after the registration of a units plan, the owner of an estate (a benefited estate) has against the owner of another estate (the burdened estate) any unit title easement rights that are necessary for the reasonable use and enjoyment of the benefited estate.
(2)A unit title easement right under this section is an easement annexed to the benefited estate.
(3)An easement given by this section exists even if the same person is the owner of both the benefited and burdened estates.
(4)A person carrying out work in the exercise of a unit title easement right under this section must make good any damage done in carrying out the work.
NoteEstate is defined in the dictionary as a unit or common property (in this context).
Easements declared by owners corporations
(1)An owners corporation may, by ordinary resolution, with the consent of the owners of each affected estate, declare that the owner of an estate (a benefited estate) has against the owner of another estate (the burdened estate) any unit title easement rights that are necessary for the reasonable support and maintenance of an encroachment of a kind prescribed by regulation.
(2)A unit title easement right declared by an owners corporation under this section is an easement annexed to the benefited estate.
(3)An easement declared by an owners corporation under this section exists even if the same person is the owner of both the benefited and burdened estates.
(4)A person carrying out work in the exercise of a unit title easement right under this section must make good any damage done in carrying out the work.
(5)An easement declared by an owners corporation under this section may only be revoked—
(a)by special resolution of the owners corporation; and
(b)with the consent of the owners of each affected estate.
NoteEstate is defined in the dictionary as a unit or common property (in this context).
Registration—easements declared by owners corporations
A resolution of an owners corporation under section 36 declaring or revoking an easement takes effect on the registration of the easement, or of a memorandum of extinguishment of the easement, together with written evidence of the consent of the owners of each affected estate.
Division 4.3 Encroachments on public unleased land
37AEffect of registration of units plan with encroachment on public unleased land
(1)This section applies if—
(a)a units plan is registered for a parcel; and
(b)the plan shows an encroachment on public unleased land by an attachment to a building on the parcel.
NoteAttachment and encroachment—see the dictionary.
(2)This Act, the Unit Titles (Management) Act 2011 and the Land Titles (Unit Titles) Act 1970, other than the provisions relating to ownership of interests and certificates of title, apply to the encroachment—
(a)if the units plan shows the encroachment is for use with a unit—as if it were part of the unit; and
(b)in any other case—as if it were common property.
NoteThe Land Titles (Unit Titles) Act 1970, s 4 (1) provides that it is incorporated with and must be read as one with the Land Titles Act 1925.
Part 10Amendment of units plans
Division 10.1 Amendment of schedule of unit entitlement
Unit entitlement authority—grant
(1)An owners corporation may apply to the territory planning authority for authority (a unit entitlement authority) for the amendment of the schedule of unit entitlement.
Note 1A fee may be determined under s 179 for this section.
Note 2If a form is approved under s 180 for an application, the form must be used.
(2)The territory planning authority may, by written notice to the owners corporation, grant a unit entitlement authority if satisfied on reasonable grounds that—
(a)the application is authorised by a special resolution of the owners corporation made within 3 months before the day the application is made; and
(b)the amendment is necessary to reflect accurately the current relative improved values of the units, or a change in those values that is anticipated after a particular event happens.
(3)The territory planning authority may grant a unit entitlement authority subject to the condition that it is to take effect only when a stated event happens.
(4)If the owners corporation applies for a unit entitlement authority that is to remain in force for longer than 3 months, the territory planning authority may, in authorising the unit entitlement amendment, if satisfied that an extended period is justified—
(a)allow the extended period applied for; or
(b)allow a shorter extended period.
Unit entitlement authorities—period of effect
(1)A unit entitlement authority remains in force for—
(a)3 months after it is given, or after an event stated in the authority happens; or
(b)any extended period allowed under section 146 (4).
(2)A unit entitlement authority must state the period for which it is in force.
Unit entitlement authorities—registration
On the registration of a unit entitlement authority, the units plan is amended accordingly.
NoteA unit entitlement authority may be registered with the registrar‑general under the Land Titles (Unit Titles) Act 1970 on lodgment by the owners corporation within the period of effect of the authority (see dict, def registered).
Division 10.2 Minor boundary changes
Boundary authority—grant
(1)An owners corporation may apply to the territory planning authority for authority (a boundary authority) for the change of any unit or common property boundaries, together with any consequential amendment of the schedule of unit entitlement.
Note 1A fee may be determined under s 179 for this section.
Note 2If a form is approved under s 180 for an application, the form must be used.
(2)The territory planning authority may grant a boundary authority if satisfied on reasonable grounds that—
(a)the application is authorised by a unanimous resolution of the owners corporation made within 3 months before the application is made; and
(b)the corporation has obtained the written agreement of each interested nonvoter (except any interested nonvoter to whom subsection (3) applies); and
(c)the authorised boundary change is a minor boundary change; and
NoteA minor boundary change is a change to the boundaries of the units or the common property that is described in s 16.
(d)if an amendment of the schedule of unit entitlement is authorised—the amendment is necessary to reflect accurately a change in the relative improved values of the units because of the change of boundaries as authorised.
(3)The territory planning authority may grant a boundary authority despite the owners corporation’s failure to obtain an interested nonvoter’s agreement if the territory planning authority is satisfied on reasonable grounds that—
(a)the corporation has made reasonable efforts to obtain the agreement; and
(b)either—
(i)the interested nonvoter would not suffer any substantial long-term detriment because of the proposed change; or
(ii)despite that failure, it is desirable to authorise the change having regard to the overall interests of everyone with interests in the units and the common property.
(4)If the owners corporation applies for a boundary authority that is to remain in force for longer than 3 months, the territory planning authority may, in authorising the change, if satisfied that an extended period is justified—
(a)allow the extended period applied for; or
(b)allow a shorter extended period.
Boundary authority—period of effect
(1)A boundary authority remains in force for—
(a)3 months after it is given; or
(b)any extended period allowed under section 149 (4).
(2)A boundary authority must state the period for which it is in force.
Boundary authorities—registration
(1)On the registration of a boundary authority—
(a)the units plan is amended accordingly; and
(b)the land covered by each affected lease is the area of land indicated by the boundaries as changed.
NoteA unit entitlement authority may be registered with the registrar-general under the Land Titles (Unit Titles) Act 1970 on lodgment by the owners corporation within the period of effect of the authority (see dict, def registered).
(2)A change of unit or common property boundaries under this section is not a variation of a lease for the Planning Act 2023, chapter 7 (Development assessment and approvals).
Division 10.3 Building damage schemes
What is a building damage scheme?
A building damage scheme for a units plan is a scheme for—
(a)the reinstatement of any building on the parcel that is damaged or destroyed; and
(b)the elimination of any class A unit that is damaged or destroyed (unless the units plan has fewer than 3 units or the unit is to be reinstated); and
NoteA damaged or destroyed class A unit in a 2-unit units plan cannot be eliminated as only 1 unit would remain in the units plan. In this circumstance, if an owners corporation seeks to cancel the units plan, it must apply for the cancellation under s 160.
(c)the consequential amendment of the units plan; and
(d)the application of any insurance amount paid (or payable) for the damage or destruction to any building on the parcel; and
(e)the payment of compensation (or other money) to the owner of any unit, and anyone else who may be adversely affected by the scheme.
Building damage orders—right of appearance
(1)The following have a right to appear on an application for a provisional building damage order or a final building damage order:
(a)the owners corporation;
(b)a unit owner, or another person with an interest in a unit, or the common property, that is recorded on the corporate register;
(c)an insurer who has insured a building on the parcel for the Unit Titles (Management) Act 2011, section 100;
(d)the director‑general, on behalf of the Territory.
NoteA unit owner or the owners corporation may apply for a provisional building damage order (see s 154 (2)). The applicant for a provisional building damage order may apply for a final building damage order (see s 157 (2)).
(2)The applicant must serve a copy of the application on everyone else who has a right to appear, except the director‑general.
NoteThe applicant may serve the application on a person who has a right to appear at the person’s address for correspondence shown on the corporate register. Other forms of service are also permitted, see the Unit Titles (Management) Act 2011, s 124.
(3)A person who has a right to appear may be represented by a lawyer or someone else.
(4)The registrar of the ACAT must give a copy of an application to the director‑general.
Provisional building damage order—application
(1)This section applies if—
(a)after the registration of a units plan, a building on the parcel is damaged or destroyed, unless the damage or destruction happens in the course of the demolition or development of the building; and
(b)the territory planning authority has given—
(i)a development approval under the Planning Act 2023, chapter 7 for a development consisting of the reinstatement or elimination of any unit or building (or part of a unit or building) on the parcel (a unit redevelopment); or
(ii)if the unit redevelopment is exempt from the requirement to obtain development approval under the Planning Act 2023, chapter 7—a certificate under subsection (4); and
(c)a cancellation authority or cancellation order for the units plan is not in force; and
(d)an application for a cancellation authority or cancellation order for the units plan is not pending.
(2)If this section applies, the owners corporation authorised by an ordinary resolution, or a unit owner, may apply to the ACAT for an order (a provisional building damage order) approving a building damage scheme incorporating the unit redevelopment.
(3)The application must be accompanied by—
(a)the proposed building damage scheme; and
(b)as the case requires—
(i)a copy of the development approval mentioned in subsection (1) (b) (i), certified by the territory planning authority as a true copy; or
(ii)a copy of the certificate mentioned in subsection (1) (b) (ii).
(4)On application by the applicant for the provisional damage order, if the territory planning authority is satisfied that approval under this Act or any other relevant territory law for the unit redevelopment would still have been given if the proposals for the subdivision of the parcel under this Act, or any other relevant development proposals, had shown the units plan as it is proposed to be altered by the unit redevelopment, the authority must give the applicant a certificate to that effect.
Note 1A fee may be determined under s 179 for this section.
Note 2If a form is approved under s 180 for an application, the form must be used.
Provisional building damage order—approval of scheme
(1)The ACAT may make a provisional building damage order on application under section 154 if satisfied that—
(a)the damage or destruction to the building did not happen in the course of the development or demolition of the building; and
(b)the territory planning authority has given the development approval or certificate mentioned in section 154 (1) (b); and
(c)it is just and equitable to do so.
(2)The certified copy of the development approval accompanying the application (see section 154 (3) (b)) is evidence that the territory planning authority has given the relevant approval.
(3)The ACAT may make any ancillary order necessary or convenient for giving effect to a provisional building damage order.
Provisional building damage order—period of effect
A provisional building damage order, or any ancillary order, remains in force for—
(a)the period (not longer than 3 months) stated in the order; or
(b)an extended or further extended period stated in an ACAT order for extension made on application by the applicant for the provisional building damage order while the provisional building damage order (or the ancillary order) is in force.
Final building damage order—amendment of units plan
(1)This section applies while a provisional building damage order approving a building damage scheme is in force.
(2)On application by the applicant for the provisional building damage order, the ACAT may make an order (a final building damage order) authorising the amendment of the units plan in accordance with the building damage scheme approved under the provisional building damage order.
(3)The ACAT may make a final building damage order only if satisfied that—
(a)the approved building damage scheme has been carried out as far as practicable; and
(b)any order ancillary to the provisional building damage order has been complied with.
(4)The ACAT may make any ancillary order necessary or convenient for giving effect to a final building damage order.
Final building damage order—period of effect
A final building damage order, or any ancillary order, remains in force for—
(a)the period (not longer than 3 months) stated in the order; or
(b)an extended or further extended period stated in an ACAT order for extension made on application by the applicant for the final building damage order while the final building damage order (or the ancillary order) is in force.
Final building damage order—registration
(1)On the registration of a final building damage order—
(a)the units plan is amended in accordance with the approved building damage scheme; and
(b)if unit or common property boundaries are changed—the land covered by each affected lease is the area of land indicated by the boundaries as changed.
(2)In addition, on the registration of a final building damage order authorising the elimination of a unit—
(a)the lease of the eliminated unit ends; and
(b)the land covered by the lease of the unit immediately before the registration of the order is included in the land covered by the lease of the common property.
(3)A change of unit or common property boundaries under this section is not a variation of a lease for the Planning Act 2023, chapter 7 (Development assessment and approvals).
Part 11Cancellation of units plans
Division 11.1 Cancellation authority
Cancellation authority—grant by territory planning authority
(1)An owners corporation may apply to the territory planning authority for authority (a cancellation authority) for the cancellation of the units plan.
Note 1A fee may be determined under s 179 for this section.
Note 2If a form is approved under s 180 for an application, the form must be used.
(2)On application for a cancellation authority, the territory planning authority may—
(a)grant the cancellation authority; or
(b)refuse to grant the cancellation authority.
(3)The territory planning authority may grant a cancellation authority only if satisfied that—
(a)the application is supported by a unanimous resolution of the corporation made within 3 months before the application is made; and
(b)the corporation has obtained the written agreement of each interested nonvoter (except any interested nonvoter to whom subsection (4) applies).
(4)The territory planning authority may grant a cancellation authority despite the owners corporation’s failure to obtain an interested nonvoter’s agreement if the territory planning authority is satisfied on reasonable grounds that—
(a)the corporation has made reasonable efforts to obtain the agreement; and
(b)either—
(i)the interested nonvoter would not suffer any substantial long-term detriment because of the proposed cancellation; or
(ii)despite that failure, it is desirable to authorise the cancellation having regard to the overall interests of everyone with interests in the units and the common property.
(5)If the owners corporation applies for a cancellation authority that is to remain in force for longer than 3 months, the territory planning authority may, in authorising cancellation, if satisfied that an extended period is justified—
(a)allow the extended period applied for; or
(b)allow a shorter extended period.
(6)A cancellation authority must include a declaration of the provisions that are to govern the new lease arising under section 162 if the territory planning authority considers on reasonable grounds that it is desirable to do so to take account of any variation of a lease of any unit, or of the common property, made (or applied for) since the units plan was registered.
Cancellation authority—period of effect
(1)A cancellation authority remains in force for—
(a)3 months after it is given; or
(b)any period allowed under section 160 (5).
(2)A cancellation authority must state the period for which it is in force.
Division 11.2 Cancellation orders
161ACancellation orders—Supreme Court powers
(1)An owners corporation may apply to the Supreme Court for an order (a cancellation order) authorising the cancellation of the units plan.
(2)On an application for a cancellation order, the Supreme Court may—
4 For par (b) (ii), the mortgagee of a unit who was not entitled to vote on the motion authorising the application because the mortgagee did not (or was not entitled to) issue a mortgagee voting notice under the Unit Titles (Management) Act 2011, sch 3, s 3.23.
internally reviewable decision, for part 14 (Notification and review of decisions)—see section 173.
internal reviewer, for part 14 (Notification and review of decisions)—see section 174A.
internal review notice, for part 14 (Notification and review of decisions)—see the ACT Civil and Administrative Tribunal Act 2008, section 67B (1).
lease means—
(a)for a unit—the lease of the unit under—
(i)section 33 (2) (Leases of units and common property); or
(ii)section 167AA (Declared land subleases—grant of further leases); or
(iii)section 171 (2) (New unit lease); or
(iv)the Planning Act 2023, section 289 (Grant of further leases); or
(b)for common property—the lease of the common property under—
(i)section 33 (3) (Leases of units and common property); or
(ii)section 167AA (Declared land subleases—grant of further leases); or
(iii)the Planning Act 2023, section 289 (Grant of further leases); or
(c)for a parcel—
(i)the lease of the parcel—
(A)granted under the Planning Act 2023; or
(B)arising under section 162 (Cancellation of units plan—effects) of this Act; or
(ii)if the parcel is land under a declared land sublease—the declared land sublease.
lessee means—
(a)for a unit—the owner of the unit; or
(b)for the common property—the owners corporation; or
(c)for a parcel—the registered proprietor of the lease of the parcel.
maintenance, of a building, a facility for a utility service or a utility conduit, means maintenance in good repair and working order, and includes—
(a)repair; and
(b)replacement; and
(c)renewal; and
(d)restoration.
member, of an owners corporation—see the Unit Titles (Management) Act 2011, dictionary.
minor boundary change—see section 16.
mortgage—see the Unit Titles (Management) Act 2011, dictionary.
mortgagee—see the Unit Titles (Management) Act 2011, dictionary.
mortgagee’s representative—see the Unit Titles (Management) Act 2011, schedule 3, section 3.23.
ordinary resolution—see the Unit Titles (Management) Act 2011, dictionary.
owner means—
(a)for a unit—the registered proprietor of the lease of the unit; or
NoteThe term unit owner is also defined in the dictionary with the same meaning.
(b)for common property—the owners corporation.
owners corporation—see the Unit Titles (Management) Act 2011, dictionary.
parcel—see section 5.
part-owner, of a unit—see the Unit Titles (Management) Act 2011, dictionary.
proprietor, of an interest in land, includes anyone who is entitled to exercise the rights of the proprietor in relation to the land.
Examples
1 someone to whom the proprietor has assigned those rights
2 the heir, executor or administrator of the proprietor
3 the trustee in relation to the proprietor’s interest under the Bankruptcy Act 1966 (Cwlth)
4 for a company that is a proprietor, the company’s liquidators
provisional building damage order—see section 154.
provisions, of a lease, means the provisions, covenants and conditions subject to which the lease is held.
public unleased land—see the Public Unleased Land Act 2013, section 8.
registered means registered with the registrar-general under the Land Titles Act 1925 or the Land Titles (Unit Titles) Act 1970.
reviewable decision, for part 14 (Notification and review of decisions)—see section 173.
schedule of unit entitlement, in relation to a units plan, means the schedule of unit entitlement forming part of the plan under section 8.
schedules of rent and lease provisions means the schedules issued by the territory planning authority under section 23 (1) setting out—
(a)the rent to be reserved under the lease of each unit in a units plan and the provisions subject to which the lease of the unit is to be held; and
(b)the provisions subject to which the lease of the common property for the units plan is to be held.
special resolution—see the Unit Titles (Management) Act 2011, dictionary.
staged development, in relation to a unit title application—see section 17 (4) (Unit title applications—general requirements).
termination, of a lease of a unit, does not include the termination of the lease on surrender under—
(a)the Planning Act 2023, section 289 (Grant of further leases); or
(b)for leases under a units plan that subdivides land under a declared land sublease—section 167AA.
unanimous resolution—see the Unit Titles (Management) Act 2011, dictionary.
unit—see section 9.
unit entitlement—see section 8.
unit entitlement authority—see section 146.
unit owner means the registered proprietor of the lease of the unit.
units plan means the units plan under section 7.
unit subsidiary—see section 12.
unit title application—see section 6.
unit title assessment report—see section 22B.
unit title assessor—see section 22A.
unit title easement rights—see section 34.
unopposed resolution—see the Unit Titles (Management) Act 2011, dictionary.
utility conduit means a conduit of any kind for the provision of a utility service, and includes, for example, pipes, wires, cables and ducts for a utility service.
utility services includes—
(a)the collection and passage of stormwater; and
(b)the supply of water (for drinking or any other use); and
(c)sewerage and drainage services; and
(d)garbage collection services; and
(e)gas, electricity and air services (including air conditioning and heating); and
(f)communication services (including telephone, radio, television and internet).
Endnotes
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.
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
Legislation history
Unit Titles Act 2001 A2001‑16
notified 5 April 2001 (Gaz 2001 No 14)
s 1, s 2 commenced 5 April 2001 (IA s 10B)
s 182, s 185 and s 189 commenced 5 April 2001 (s 1)remainder commenced 5 October 2001 (LA s 79)
as amended by
Legislation (Consequential Amendments) Act 2001 A2001-44 pt 401
notified 26 July 2001 (Gaz 2001 No 30)
s 1, s 2 commenced 26 July 2001 (IA s 10B)pt 401 commenced 5 October 2001 (s 2 (2) and amdts 1.4149‑1.4161)
Statute Law Amendment Act 2001 (No 2) A2001-56 pt 3.51
notified 5 September 2001 (Gaz 2001 No S65)
s 1, s 2 commenced 5 September 2001 (s 2 (1))amdts commenced 12 September 2001 (s 2 (2), amdt 3.859, amdt 3.860)
Community Title Act 2001 A2001‑58 s 103
notified 10 September 2001 (Gaz 2001 No S66)
s 1, s 2 commenced 10 September 2001 (IA s 10B)s 103 commenced 10 March 2002 (LA s 79)
Statute Law Amendment Act 2002 A2002‑30 pt 3.84
notified LR 16 September 2002
s 1, s 2 taken to have commenced 19 May 1997 (LA s 75 (2))
amdt 3.929 taken to have commenced 5 October 2001 (s 2 (2))pt 3.84 remainder commenced 17 September 2002 (s 2 (1))
Planning and Land (Consequential Amendments) Act 2002 A2002‑56 sch 3 pt 3.16
notified LR 20 December 2002
s 1, s 2 commenced 20 December 2002 (LA s 75 (1))sch 3 pt 3.16 commenced 1 July 2003 (s 2 and see Planning and Land Act 2002 A2002-55, s 2)
Statute Law Amendment Act 2005 A2005-20 sch 3 pt 3.70
notified LR 12 May 2005
s 1, s 2 taken to have commenced 8 March 2005 (LA s 75 (2))sch 3 pt 3.70 commenced 2 June 2005 (s 2 (1))
Unit Titles Amendment Act 2005 A2005-25
notified LR 11 May 2005
s 1, s 2 commenced 11 May 2005 (LA s 75 (1))remainder commenced 12 May 2005 (s 2)
Unit Titles (Staged Development) Amendment Act 2005 A2005-37
notified LR 26 August 2005
s 1, s 2 commenced 26 August 2005 (LA s 75 (1))
remainder commenced 14 September 2005 (s 2 and CN2005-21)Statute Law Amendment Act 2006 A2006-42 sch 3 pt 3.24
notified LR 26 October 2006
s 1, s 2 taken to have commenced 12 November 2005 (LA s 75 (2))
sch 3 pt 3.24 commenced 16 November 2006 (s 2 (1))Planning and Development (Consequential Amendments) Act 2007 A2007-25 sch 1 pt 1.32
notified LR 13 September 2007
s 1, s 2 commenced 13 September 2007 (LA s 75 (1))sch 1 pt 1.32 commenced 31 March 2008 (s 2 and see Planning and Development Act 2007 A2007-24, s 2 and CN2008-1)
Unit Titles Amendment Act 2008 A2008-9
notified LR 17 April 2008
s 1, s 2 commenced 17 April 2008 (LA s 75 (1))
remainder commenced 18 April 2008 (s 2)ACT Civil and Administrative Tribunal Legislation Amendment Act 2008 (No 2) A2008-37 sch 1 pt 1.102
notified LR 4 September 2008
s 1, s 2 commenced 4 September 2008 (LA s 75 (1))
sch 1 pt 1.102 commenced 2 February 2009 (s 2 (1) and see ACT Civil and Administrative Tribunal Act 2008 A2008-35, s 2 (1) and CN2009-2)Unit Titles Amendment Act 2008 (No 2) A2008-45
notified LR 10 September 2008
s 1, s 2 commenced 10 September 2008 (LA s 75 (1))
s 3 commenced 2 February 2009 (s 2 (1) and CN2008-18)
s 4, s 48 (new section 251) commenced 10 September 2009 (s 2 (1) and CN2008-18)
s 7, s 16, s 39, s 42, s 45, s 46, s 49, s 50, s 53 commenced 2 February 2009 (s 2 (2))
s 15, s 52 (def manager) commenced 1 July 2009 (s 2 (1) and CN2008‑18)remainder commenced 31 March 2009 (s 2 (1) and CN2008-18)
Statute Law Amendment Act 2009 (No 2) A2009-49 sch 3 pt 3.81
notified LR 26 November 2009
s 1, s 2 commenced 26 November 2009 (LA s 75 (1))sch 3 pt 3.81 commenced 17 December 2009 (s 2)
Construction Occupations Legislation Amendment Act 2010 A2010-8 pt 3
notified LR 3 March 2010
s 1, s 2 commenced 3 March 2010 (LA s 75 (1))
pt 3 commenced 3 September 2010 (s 2 (2) and LA s 79)Construction Occupations Legislation (Exemption Assessment) Amendment Act 2010 A2010-24 pt 6
notified LR 8 July 2010
pt 1 commenced 8 July 2010 (s 2 (1))
pt 6 commenced 3 September 2010 (s 2 (2) and see Construction Occupations Legislation Amendment Act 2010 A2010-8 (s 2 (2) and LA s 79)Justice and Community Safety Legislation Amendment Act 2010 (No 4) A2010-50 sch 1 pt 1.12
notified LR 14 December 2010
s 1, s 2 commenced 14 December 2010 (LA s 75 (1))sch 1 pt 1.12 commenced 21 December 2010 (s 2 (1))
Planning and Development (Lease Variation Charges) Amendment Act 2011 A2011-19 sch 1 pt 1.2
notified LR 30 June 2011
s 1, s 2 commenced 30 June 2011 (LA s 75 (1))sch 1 pt 1.2 commenced 1 July 2011 (s 2)
Administrative (One ACT Public Service Miscellaneous Amendments) Act 2011 A2011-22 sch 1 pt 1.161
notified LR 30 June 2011
s 1, s 2 commenced 30 June 2011 (LA s 75 (1))sch 1 pt 1.161 commenced 1 July 2011 (s 2 (1))
Planning and Building Legislation Amendment Act 2011 A2011-23 pt 10
notified LR 6 July 2011
pt 1 commenced 6 July 2011 (s 2 (1))pt 10 commenced 7 July 2011 (s 2 (5))
Unit Titles (Management) Act 2011 A2011-41 sch 5 pt 5.12
notified LR 3 November 2011
s 1, s 2 commenced 3 November 2011 (LA s 75 (1))
sch 5 pt 5.12 commenced 30 March 2012 (s 2 and CN2012-6)Planning, Building and Environment Legislation Amendment Act 2012 A2012-23 pt 6
notified LR 28 May 2012
s 1, s 2 commenced 28 May 2012 (LA s 75 (1))
pt 6 commenced 29 May 2012 (s 2)Public Unleased Land Act 2013 A2013-3 sch 2 pt 2.13
notified LR 21 February 2013
s 1, s 2 commenced 21 February 2013 (LA s 75 (1))
sch 2 pt 2.13 commenced 1 July 2013 (s 2)Planning, Building and Environment Legislation Amendment Act 2013 A2013-15 pt 10
notified LR 21 May 2013
s 1, s 2 commenced 21 May 2013 (LA s 75 (1))pt 10 commenced 22 May 2013 (s 2)
Planning, Building and Environment Legislation Amendment Act 2014 A2014‑23 pt 6
notified LR 26 May 2014
s 1, s 2 commenced 26 May 2014 (LA s 75 (1))pt 6 commenced 27 May 2014 (s 2)
Planning and Development (University of Canberra and Other Leases) Legislation Amendment Act 2015 A2015‑19 pt 19
notified LR 11 June 2015
s 1, s 2 commenced 11 June 2015 (LA s 75 (1))pt 19 commenced 1 July 2015 (s 2 and CN2015-9)
Red Tape Reduction Legislation Amendment Act 2016 A2016‑18 sch 3 pt 3.46
notified LR 13 April 2016
s 1, s 2 commenced 13 April 2016 (LA s 75 (1))sch 3 pt 3.46 commenced 27 April 2016 (s 2)
Unit Titles Legislation Amendment Act 2020 A2020-4 pt 11
notified LR 27 February 2020
s 1, s 2 commenced 27 February 2020 (LA s 75 (1))pt 11 commenced 1 November 2020 (s 2 (1) and CN2020-11)
Land Titles (Electronic Conveyancing) Legislation Amendment Act 2020 A2020-16 sch 1 pt 1.12
notified LR 13 May 2020
s 1, s 2 commenced 13 May 2020 (LA s 75 (1))sch 1 pt 1.12 commenced 1 June 2020 (s 2 and see Electronic Conveyancing National Law (ACT) Act 2020 A2020-15 s 2)
Planning and Unit Titles Legislation Amendment Act 2021 (No 2) A2021‑25 sch 1 pt 1.3
notified LR 17 November 2021
s 1, s 2 commenced 17 November 2021 (LA s 75 (1))sch 1 pt 1.3 commenced 18 November 2021 (s 2)
Unit Titles Legislation Amendment Act 2023 A2023-24 pt 4
notified LR 23 June 2023
s 1, s 2 commenced 23 June 2023 (LA s 75 (1))pt 4 commenced 1 July 2023 (s 2)
Planning (Consequential Amendments) Act 2023 A2023-36 sch 1 pt 1.64
notified LR 29 September 2023
s 1, s 2 commenced 29 September 2023 (LA s 75 (1))
sch 1 pt 1.64 commenced 27 November 2023 (s 2 (1) and see Planning Act 2023 A2023-18, s 2 (2) and CN2023-10)Amendment history
Long title
long titleam A2011‑41 amdt 5.32
Commencement
s 2om LA s 89 (4)
Dictionary
s 3am A2011‑41 amdt 5.33
Parcels
s 5am A2015‑19 s 120
Units plan
s 7am A2005‑37 s 4; pars renum R8 LA (see A2005‑37 s 5)
Class B units
s 11am A2008‑9 amdt 1.1
Meaning of annexed
s 12Ains A2005‑20 amdt 3.447
Minor boundary changes
s 16am A2015‑19 s 121
Unit title applications—general requirements
s 17am A2001‑44 amdt 1.4149; A2002‑56 amdt 3.75; A2005‑37 s 6; A2007‑25 amdt 1.180; A2008‑9 s 4; A2008‑45 s 4; A2010‑8 s 16; A2010‑24 s 52; A2011‑23 s 41; A2012‑23 s 41, s 42; ss renum R24 LA; A2014‑23 s 27; pars renum R28 LA; A2020-4 s 50; ss renum R33 LA; A2023‑24 s 14; A2023‑36 amdt 1.358, amdt 1.384
Unit title applications—land under declared land sublease
s 17Ains A2015‑19 s 122
am A2023‑36 amdt 1.384
Unit title applications—lease part of multi-lease building
s 17Bins A2020-4 s 51
am A2021‑25 amdt 1.4; A2023‑36 amdt 1.384
Unit title applications—class A units and class B units
s 18am A2008‑9 amdt 1.2
Unit title applications—unit subsidiaries
s 19am A2008‑9 amdt 1.2
Unit title applications—certificates of occupancy and use
s 19Ains A2023‑24 s 15
Unit title applications—approval
s 20am A2001‑44 amdt 1.4150, amdt 1.4151; A2002‑56 amdt 3.75, amdt 3.76; A2005‑37 s 7, s 8; A2006‑42 amdt 3.210, amdt 3.211; A2007‑25 amdt 1.181, amdt 1.182; A2008‑9 s 5, s 6; A2010‑8 s 17; ss renum R18 LA; A2011‑19 amdt 1.2, amdt 1.3; ss renum R21 LA; A2011‑23 ss 42-45; ss renum R22 LA; A2013‑3 amdt 2.36; A2020-4 s 52, s 53; pars renum R33 LA; A2021‑25 amdt 1.5; A2023‑24 s 16, s 17; pars renum R36 LA; A2023-36 amdts 1.359-1.361, amdt 1.383, amdt 1.384
Unit title applications—reasonable rent
s 21am A2002‑56 amdts 3.57-3.59; A2008‑37 amdt 1.504; A2023‑36 amdt 1.362, amdt 1.384
Unit title applications—amendment of development statement by authority
s 22sub A2002‑56 amdt 3.60
am A2023‑36 amdt 1.384
Unit title assessment reports for unit title applications
div 3.1A hdg ins A2010‑8 s 18
Meaning of unit title assessor
s 22Ains A2010‑8 s 18
Unit title assessment reports
s 22Bins A2010‑8 s 18
am A2010‑24 s 53; A2023‑36 amdt 1.384
Unit title assessment report applications—unit title assessor may require further information
s 22Cins A2010‑8 s 18
am A2010‑24 s 54
Unit title assessment report applications—contents of request for further information
s 22Dins A2010‑8 s 18
am A2016‑18 amdt 3.217
Unit title assessment report applications—effect of failure to provide further information
s 22Eins A2010‑8 s 18
Unit title applications—authority may require further information
s 22Fins A2010‑8 s 18
am A2023‑36 amdt 1.384
Unit title applications—contents of request for further information
s 22Gins A2010‑8 s 18
Notice of approval of unit title applications
s 23am A2002‑56 amdt 3.61, amdt 3.75, amdt 3.76; A2020-4 s 54; A2023‑36 amdt 1.384
Security for staged developments and unfinished work
s 24am A2001‑44 amdt 1.4152, amdt 1.4153; A2002‑56 amdt 3.62, amdt 3.75; A2023-36 amdt 1.362, amdt 1.384
Endorsement of units plan for registration
s 27am A2002‑56 amdt 3.63, amdt 3.75, amdt 3.76; A2005‑37 s 9; pars renum R8 LA (see A2005‑37 s 10); A2007‑25 amdt 1.182; A2008‑9 s 7, A2023‑36 amdt 1.383, amdt 1.384
Lapse of endorsement after 3 months
s 28am A2002‑56 amdt 3.75; A2023‑36 amdt 1.384
Amendment of development statements before registration
s 29am A2001‑44 amdt 1.4154; A2002‑56 amdt 3.64, amdt 3.65, amdt 3.75; A2023‑36 amdt 1.384
Amendment of development statements after registration
s 30am A2001‑44 amdt 1.4154; A2002‑56 amdt 3.66, amdt 3.67, amdt 3.75, amdt 3.76; A2005‑37 ss 11-14; ss renum R8 LA (see A2005‑37 s 15); A2008‑45 s 5; A2023‑36 amdt 1.384
Effect of registration of amendment
s 31sub A2005‑37 s 16
am A2007‑25 amdt 1.183; A2023-36 amdt 1.363
Developer disclosure
div 3.4 hdgins A2008‑45 s 6
reloc to Civil Law (Property) Act 2006 div 2.9.2 hdg by A2011‑41 amdt 5.38
Contract for sale of unit before registration of units plan
s 31Ains A2008‑45 s 6
am A2011‑41 amdts 5.34-5.37
reloc to Civil Law (Property) Act 2006 s 260 by A2011‑41 amdt 5.38
Leases of units and common property
s 33am A2007‑25 amdt 1.184; A2011‑41 amdt 5.39; A2015‑19 s 123; ss renum R29 LA; A2020-4 ss 55-57; A2023-36 amdt 1.364
Unit title easement rights
s 34am A2007‑25 amdt 1.185
Encroachments on public unleased land
div 4.3 hdgins A2008‑9 s 8
sub A2013‑3 amdt 2.37
Effect of registration of units plan with encroachment on public unleased land
s 37A hdgsub A2013‑3 amdt 2.38
s 37Ains A2008‑9 s 8
am A2011‑41 amdt 5.40; A2013‑3 amdt 2.39
Owners corporations generally
pt 5 hdgom A2011‑41 amdt 5.41
Establishment and legal status of owners corporation
div 5.1 hdgom A2011‑41 amdt 5.41
Establishment of owners corporations
s 38om A2011‑41 amdt 5.41
Legal status of owners corporation
s 39om A2011‑41 amdt 5.41
Membership and representatives
div 5.2 hdgom A2011‑41 amdt 5.41
Members of owners corporation
s 40om A2011‑41 amdt 5.41
Multiple owners of units—authorisation of representatives
s 41om A2011‑41 amdt 5.41
Multiple owners of units—functions of representatives
s 42om A2011‑41 amdt 5.41
Company-owned units—authorisation of representatives
s 43om A2011‑41 amdt 5.41
Company-owned units—functions of representatives
s 44om A2011‑41 amdt 5.41
Evidence of representative status
s 45om A2011‑41 amdt 5.41
General functions
div 5.3 hdgom A2011‑41 amdt 5.41
General functions
s 46om A2011‑41 amdt 5.41
Restriction on owners corporation during developer control period
s 46Ains A2008‑45 s 7
om A2011‑41 amdt 5.41
Common property ownership
s 47om A2011‑41 amdt 5.41
Dealings in property
s 48am A2001‑58 s 103; A2008‑45 s 8, s 9
om A2011‑41 amdt 5.41
Special privileges relating to common property
s 49om A2011‑41 amdt 5.41
Surrender of leases in units
s 49Areloc and renum as s 167A
Exemptions for units plans with 4 or fewer units
s 50am A2008‑45 s 10
om A2011‑41 amdt 5.43
General duties
s 51am A2002‑56 amdt 3.75; A2005‑37 s 17; pars renum R8 LA (see A2005‑37 s 18); A2007‑25 amdt 1.186; A2008‑45 s 11
om A2011‑41 amdt 5.43
Animals—owners corporation’s consent
s 51Ains A2008‑45 s 12
om A2011‑41 amdt 5.43
Structural defects—owners corporation may represent members
s 51Bins A2008‑45 s 12
om A2011‑41 amdt 5.43
Owners corporation—entry to units
s 51Cins A2008‑45 s 12
om A2011‑41 amdt 5.43
Work on behalf of particular unit owners or occupiers
s 52am A2008‑45 s 13
Recovery of costs—agreements under s 52
s 53om A2011‑41 amdt 5.43
Recovery of expenditure resulting from member or unit occupier’s fault
s 54om A2011‑41 amdt 5.43
People appointed by owners corporation to help run owners corporation
div 5.3A hdg ins A2008‑45 s 15
om A2011‑41 amdt 5.43
Manager—appointment
s 55om A2008‑45 s 14
ins A2008‑45 s 15
om A2011‑41 amdt 5.43
Manager—conditions of appointment
s 55Ains A2008‑45 s 15
om A2011‑41 amdt 5.43
Manager—functions
s 55Bins A2008‑45 s 15
om A2011‑41 amdt 5.43
Manager—ending appointment
s 55Cins A2008‑45 s 15
am A2009‑49 amdt 3.204
om A2011‑41 amdt 5.43
Manager—remedial breaches
s 55Dins A2008‑45 s 15
om A2011‑41 amdt 5.43
Manager—code of conduct
s 55Eins A2008‑45 s 15
om A2011‑41 amdt 5.43
Manager—public liability insurance
s 55Fins A2008‑45 s 15
om A2011‑41 amdt 5.43
Manager—delegated functions
s 55Gins A2008‑45 s 15
om A2011‑41 amdt 5.43
Communications officer—appointment
s 55Hins A2008‑45 s 15
om A2011‑41 amdt 5.43
Communications officer—function
s 55Iins A2008‑45 s 15
om A2011‑41 amdt 5.43
Service contractors
div 5.3B hdgins A2008‑45 s 16
om A2011‑41 amdt 5.43
Service contractor—contract and functions
sdiv 5.3B.1 hdg ins A2008‑45 s 16
om A2011‑41 amdt 5.43
Definitions—div 5.3B
s 55Jins A2008‑45 s 16
om A2011‑41 amdt 5.43
def service contract ins A2008‑45 s 16
om A2011‑41 amdt 5.43
def service contractor ins A2008‑45 s 16
om A2011‑41 amdt 5.43
def service contractor services ins A2008‑45 s 16
om A2011‑41 amdt 5.43
Service contractor—contract
s 55Kins A2008‑45 s 16
om A2011‑41 amdt 5.43
Service contractor not to be contracted for longer than 25 years
s 55Lins A2008‑45 s 16
om A2011‑41 amdt 5.43
Service contractor—functions
s 55Mins A2008‑45 s 16
om A2011‑41 amdt 5.43
Service contractor—transfer
s 55Nins A2008‑45 s 16
om A2011‑41 amdt 5.43
Service contractor—ending contract
s 55Oins A2008‑45 s 16
am A2009‑49 amdt 3.205
om A2011‑41 amdt 5.43
Service contractor—remedial breaches
s 55Pins A2008‑45 s 16
om A2011‑41 amdt 5.43
Service contractor—contract and functions
sdiv 5.3B.2 hdg ins A2008‑45 s 16
om A2011‑41 amdt 5.43
Meaning of financed service contract and financier—subdiv 5.3B.2
s 55Qins A2008‑45 s 16
om A2011‑41 amdt 5.43
Who is a financier for a service contract?
s 55Rins A2008‑45 s 16
om A2011‑41 amdt 5.43
Financed service contract—notice of change
s 55Sins A2008‑45 s 16
om A2011‑41 amdt 5.43
Financed service contract—limitation on ending
s 55Tins A2008‑45 s 16
om A2011‑41 amdt 5.43
Financed service contract—person authorised to act for financier
s 55Uins A2008‑45 s 16
om A2011‑41 amdt 5.43
Financed service contract—agreement between owners corporation and financier prohibited
s 55Vins A2008‑45 s 16
om A2011‑41 amdt 5.43
Finances of owners corporation
div 5.4 hdgom A2011‑41 amdt 5.43
Definitions—div 5.4
s 55Wins A2008‑45 s 17
om A2011‑41 amdt 5.43
def initial sinking fund plan ins A2008‑45 s 17
om A2011‑41 amdt 5.43
def sinking fund expenditure ins A2008‑45 s 17
om A2011‑41 amdt 5.43
def sinking fund plan ins A2008‑45 s 17
om A2011‑41 amdt 5.43
Banking and investment of money of corporation
s 56om A2011‑41 amdt 5.43
Prohibition on business
s 57om A2011‑41 amdt 5.43
Borrowing powers
s 58am A2008‑45 s 18
om A2011‑41 amdt 5.43
General funds (administrative or special purpose funds)
s 59am A2005‑20 amdt 3.448
om A2011‑41 amdt 5.43
Contributions to general funds
s 60om A2011‑41 amdt 5.43
Sinking funds
s 61am A2008‑45 s 19, s 20
om A2011‑41 amdt 5.43
Sinking funds—owners corporation to prepare initial 10‑year plan
s 62sub A2008‑45 s 21
(4)-(6) exp 31 March 2011 (s 62 (6) (LA s 88 declaration applies))
om A2011‑41 amdt 5.43
Sinking funds—review of initial sinking fund plan
s 63sub A2008‑45 s 21
om A2011‑41 amdt 5.43
Sinking funds—owners corporation to prepare subsequent 10-year plans
s 63Ains A2008‑45 s 21
om A2011‑41 amdt 5.43
Sinking funds—review of sinking fund plan
s 63Bins A2008‑45 s 21
om A2011‑41 amdt 5.43
Sinking funds—contributions
s 64om A2011‑41 amdt 5.43
General and sinking funds in staged developments
s 64Ains A2005‑37 s 19
om A2011‑41 amdt 5.43
Discounts and interest—amounts owing
s 65am A2008‑45 s 22, s 23
om A2011‑41 amdt 5.43
Recovery of amounts owing
s 66om A2011‑41 amdt 5.43
Security for unpaid amounts—declaration of charge
s 67om A2011‑41 amdt 5.43
Security for unpaid amounts—discharge
s 68om A2011‑41 amdt 5.43
Liability of co-owners
s 69om A2011‑41 amdt 5.43
Information
div 5.5 hdgom A2011‑41 amdt 5.43
Corporate register—establishment
s 70om A2011‑41 amdt 5.43
Corporate register—information for inclusion
s 71am A2005‑20 amdt 3.449
om A2011‑41 amdt 5.43
Corporate register—access
s 72om A2011‑41 amdt 5.43
Names and addresses of executive members
s 73om A2011‑41 amdt 5.43
Insurance information
s 74om A2011‑41 amdt 5.43
Unit title certificate and access to owners corporation records
s 75am A2001‑44 amdt 1.4155, amdt 1.4156
sub A2008‑45 s 24
om A2011‑41 amdt 5.43
Acting on information in unit title certificate
s 76om A2011‑41 amdt 5.43
Failure to provide information (or certificate)—offence
s 77om A2011‑41 amdt 5.43
Owners corporation name, address and letterbox
s 78am A2001‑44 amdt 1.4157
om A2011‑41 amdt 5.43
Service of documents on owners corporation
s 79sub A2002‑30 amdt 3.925
om A2011‑41 amdt 5.43
Service of documents on members, interested people and occupiers
s 80am A2002‑30 amdt 3.926, amdt 3.927
Decision-making by owners corporations
pt 6 hdgom A2011‑41 amdt 5.43
Executive committee
div 6.1 hdgom A2011‑41 amdt 5.43
Executive committee—establishment
s 81om A2011‑41 amdt 5.43
Executive committee—functions
s 82am A2008‑45 s 25; ss renum R13 LA
om A2011‑41 amdt 5.43
Executive committee—before the first annual general meeting
s 83am A2008‑45 s 26
om A2011‑41 amdt 5.43
Executive committee—after the first annual general meeting
s 84am A2008‑45 s 27, s 28
om A2011‑41 amdt 5.43
Meetings of executive committee
s 85om A2011‑41 amdt 5.43
Quorum of executive committee
s 86om A2011‑41 amdt 5.43
Executive committee—office-holders
s 87sub A2008‑45 s 29
om A2011‑41 amdt 5.43
Executive committee—chairperson’s functions
s 87Ains A2008‑45 s 29
om A2011‑41 amdt 5.43
Executive committee—secretary’s functions
s 87Bins A2008‑45 s 29
om A2011‑41 amdt 5.43
Executive committee—treasurer’s functions
s 87Cins A2008‑45 s 29
om A2011‑41 amdt 5.43
Voting of executive committee
s 88om A2011‑41 amdt 5.43
Decisions about staged development
s 88Ains A2005‑37 s 20
om A2011‑41 amdt 5.43
Decisions about use of common property
s 88Bins A2008‑45 s 30
om A2011‑41 amdt 5.43
Decisions about taking legal action
s 88Cins A2008‑45 s 30
om A2011‑41 amdt 5.43
Taking urgent legal action
s 88Dins A2008‑45 s 30
om A2011‑41 amdt 5.43
Delegation by executive committee
s 89sub A2002‑30 amdt 3.928
om A2011‑41 amdt 5.43
Contractors and employees
s 90sub A2008‑45 s 31
om A2011‑41 amdt 5.43
Minutes, records and accounts
s 91am A2002‑56 amdt 3.75
Validity of acts of executive committee
s 92om A2011‑41 amdt 5.43
General meetings
div 6.2 hdgom A2011‑41 amdt 5.43
Conduct of general meetings
s 93om A2011‑41 amdt 5.43
Annual general meetings
s 94om A2011‑41 amdt 5.43
First annual general meeting
s 95am A2008‑45 s 32, s 33
(3)-(5) exp 30 September 2009 (s 95 (5) (LA s 88 declaration applies))
om A2011‑41 amdt 5.43
First annual general meeting—developer to deliver records
s 95Ains A2008‑45 s 34
om A2011‑41 amdt 5.43
General meetings other than annual general meetings
s 96om A2011‑41 amdt 5.43
Notice of general meetings
s 97om A2011‑41 amdt 5.43
Defective notice of meetings
s 98om A2011‑41 amdt 5.43
Quorum at a general meeting—owners corporation with 3 or more members
s 99om A2011‑41 amdt 5.43
Notice of reduced quorum decisions and adjournments
s 100am A2001‑44 amdt 1.4158, amdt 1.4159
om A2011‑41 amdt 5.43
Reduced quorum decisions—effect
s 101om A2011‑41 amdt 5.43
Quorum at a general meeting—owners corporation with 2 members
s 102am A2008‑45 s 35
om A2011‑41 amdt 5.43
Chairperson at a general meeting
s 103om A2011‑41 amdt 5.43
Resolutions at general meetings
div 6.3 hdgom A2011‑41 amdt 5.43
Decision-making at general meetings
s 104om A2011‑41 amdt 5.43
Ordinary resolutions
s 105om A2011‑41 amdt 5.43
Special resolutions
s 106om A2011‑41 amdt 5.43
Unopposed resolutions
s 107om A2011‑41 amdt 5.43
Unanimous resolutions
s 108om A2011‑41 amdt 5.43
Evidence of resolutions of owners corporation
s 109om A2011‑41 amdt 5.43
Voting at general meetings
div 6.4 hdgom A2011‑41 amdt 5.43
Who is entitled to vote?
s 110om A2011‑41 amdt 5.43
Decisions about staged development
s 110Ains A2005‑37 s 21
om A2011‑41 amdt 5.43
One vote—1 unit
s 111om A2011‑41 amdt 5.43
Voting by mortgagees
s 112om A2011‑41 amdt 5.43
Mortgagee voting notice—amendment and revocation
s 113am A2002‑30 amdt 3.929
om A2011‑41 amdt 5.43
Evidence of mortgagee’s entitlement to vote
s 114om A2011‑41 amdt 5.43
Proxy votes
s 115am A2008‑45 s 36
om A2011‑41 amdt 5.43
Proxy votes—limit on developer
s 115Ains A2008‑45 s 37
om A2011‑41 amdt 5.43
Value of votes
s 116sub A2005‑20 amdt 3.450
om A2011‑41 amdt 5.43
Polls
s 117om A2011‑41 amdt 5.43
Voting by chairperson
s 118om A2011‑41 amdt 5.43
Owners corporations with only 2 members—votes divided
s 119om A2008‑45 s 38
Absentee votes—unopposed and unanimous resolutions
s 120om A2011‑41 amdt 5.43
People under 18 or under other legal disabilities
s 121am A2002‑30 amdt 3.930
om A2011‑41 amdt 5.43
Declaration by chairperson of result of voting
s 122om A2011‑41 amdt 5.43
Dispute resolution
div 6.5 hdgsub A2008‑45 s 39
om A2011‑41 amdt 5.43
What is an ACAT dispute?
s 123sub A2008‑45 s 39
om A2011‑41 amdt 5.43
Who may apply to the ACAT?
s 124sub A2008‑45 s 39
om A2011‑41 amdt 5.43
Kinds of ACAT orders
s 125sub A2008‑45 s 39
om A2011‑41 amdt 5.43
Owners corporation articles
pt 7 hdgom A2011‑41 amdt 5.43
What are the articles of an owners corporation?
s 126sub A2008‑45 s 40
om A2011‑41 amdt 5.43
Effect of articles
s 127am A2008‑9 amdt 1.3
om A2011‑41 amdt 5.43
Amendment of articles
s 128am A2008‑45 s 41; ss renum R13 LA
om A2011‑41 amdt 5.43
Breach of articles—article infringement notice
s 129sub A2008‑45 s 42
om A2011‑41 amdt 5.43
Breach of articles—failure to comply with article infringement notice
s 129Ains A2008‑45 s 42
om A2011‑41 amdt 5.43
Breach of articles—request for article infringement notice
s 129Bins A2008‑45 s 42
om A2011‑41 amdt 5.43
Application of Legislation Act
s 130 hdgsub A2001‑56 amdt 3.859
s 130am A2001‑56 amdt 3.860
om A2011‑41 amdt 5.43
Implied warranties
pt 7A hdgins A2008‑45 s 43
reloc to Civil Law (Property) Act 2006 div 2.9.3 hdg by A2011‑41 amdt 5.47
Meaning of implied warranties—div 2.9.3
s 130A hdgam A2011‑41 amdt 5.44
s 130Ains A2008‑45 s 43
am A2011‑41 amdt 5.45
reloc to Civil Law (Property) Act 2006 s 261 by A2011‑41 amdt 5.47
Purpose—div 2.9.3
s 130B hdgam A2011‑41 amdt 5.44
s 130Bins A2008‑45 s 43
am A2011‑41 amdt 5.45
reloc to Civil Law (Property) Act 2006 s 262 by A2011‑41 amdt 5.47
Implied warranties and right to cancel—effect
s 130Cins A2008‑45 s 43
am A2011‑41 amdt 5.45
reloc to Civil Law (Property) Act 2006 s 263 by A2011‑41 amdt 5.47
Implied warranties
s 130Dins A2008‑45 s 43
reloc to Civil Law (Property) Act 2006 s 264 by A2011‑41 amdt 5.47
Cancellation of contract
s 130Eins A2008‑45 s 43
reloc to Civil Law (Property) Act 2006 s 265 by A2011‑41 amdt 5.47
Claim for compensation
s 130Fins A2008‑45 s 43
am A2011‑41 amdt 5.46
reloc to Civil Law (Property) Act 2006 s 266 by A2011‑41 amdt 5.47
Insurance
pt 8 hdgom A2011‑41 amdt 5.48
Public liability insurance by owners corporation
s 131om A2011‑41 amdt 5.48
Building insurance by owners corporation
s 132am A2005‑37 s 22
om A2011‑41 amdt 5.48
Exemptions from building insurance requirements
s 133om A2011‑41 amdt 5.48
Mortgage insurance of unit
s 134om A2011‑41 amdt 5.48
Payment under mortgage insurance policies
s 135om A2011‑41 amdt 5.48
Transfer of mortgagee’s interest to insurer
s 136om A2011‑41 amdt 5.48
Application of insurance money by owners corporation
s 137am A2008‑45 s 53
om A2011‑41 amdt 5.48
Additional insurance—owners corporation
s 138om A2011‑41 amdt 5.48
Additional insurance—unit owners
s 139om A2011‑41 amdt 5.48
Administrators
pt 9 hdgom A2011‑41 amdt 5.48
Interested parties
div 9.1 hdgom A2011‑41 amdt 5.48
Who may apply for an administration order?
s 140am A2008‑45 s 53; A2011‑22 amdt 1.451
om A2011‑41 amdt 5.48
ACAT appearances and service of applications
s 141 hdgam A2008‑45 s 53
s 141am A2008‑45 s 53; A2011‑22 amdt 1.451
om A2011‑41 amdt 5.48
Interested parties
div 9.2 hdgom A2011‑41 amdt 5.48
Appointment, removal and functions
s 142am A2002‑30 amdt 3.931; A2008‑45 s 53
om A2011‑41 amdt 5.48
Removal or replacement of administrator
s 143am A2008‑45 s 53
om A2011‑41 amdt 5.48
Functions of administrator
s 144am A2008‑45 s 53
om A2011‑41 amdt 5.48
Delegation by administrator
s 145sub A2002‑30 amdt 3.932
om A2011‑41 amdt 5.48
Unit entitlement authority—grant
s 146am A2001‑44 amdt 1.4160; A2002‑56 amdt 3.75; A2008‑45 s 44; A2023‑36 amdt 1.384
Boundary authority—grant
s 149am A2001‑44 amdt 1.4160; A2002‑56 amdt 3.75; A2023‑36 amdt 1.384
Boundary authorities—registration
s 151am A2007‑25 amdt 1.187; A2023-36 amdt 1.365
What is a building damage scheme?
s 152am A2023‑24 s 18
Building damage orders—right of appearance
s 153am A2008‑45 s 53; A2011‑22 amdt 1.451; A2011‑41 amdt 5.49, amdt 5.50
Provisional building damage order—application
s 154am A2001‑44 amdt 1.4160; A2002‑56 amdt 3.68, amdt 3.69, amdt 3.75; A2005‑25 s 4; A2007‑25 amdt 1.188; A2008‑45 s 53; A2023-36 amdt 1.366, amdt 1.384
Provisional building damage order—approval of scheme
s 155am A2002‑56 amdt 3.75; A2008‑45 s 53; A2023‑36 amdt 1.384
Provisional building damage order—period of effect
s 156am A2008‑45 s 45
Final building damage order—amendment of units plan
s 157am A2008‑45 s 53
Final building damage order—period of effect
s 158am A2008‑45 s 46
Final building damage order—registration
s 159am A2007‑25 amdt 1.189; A2023-36 amdt 1.367
Cancellation authority—grant by territory planning authority
s 160 hdgsub A2005‑25 s 5
am A2023‑36 amdt 1.384
s 160am A2001‑44 amdt 1.4160; A2002‑56 amdt 3.75; A2005‑25 ss 6-8; ss renum R6 LA (see A2005‑25 s 9); A2023‑36 amdt 1.384
Cancellation authority—period of effect
s 161 hdgsub A2005‑25 s 10
Cancellation orders
div 11.2 hdgom A2005‑25 s 12
ins A2005‑25 s 11
Cancellation orders—Supreme Court powers
s 161Ains A2005‑25 s 11
Cancellation orders—provisional orders
s 161Bins A2005‑25 s 11
Cancellation orders—after provisional order is made
s 161Cins A2005‑25 s 11
Cancellation orders—right of appearance
s 161Dins A2005‑25 s 11
am A2011‑22 amdt 1.451; A2011‑41 amdt 5.51, amdt 5.52
Effects of cancellation
div 11.3 hdgins A2005‑25 s 12
Cancellation of units plan—effects
s 162am A2005‑25 s 13
Cancellation of units plan—new lease over parcel
s 163am A2002‑56 amdt 3.75; A2005‑25 s 14; A2020-4 s 58; A2023-36 amdt 1.368, amdt 1.384
Dissolution of owners corporation—Supreme Court powers
s 165 hdgsub A2005‑25 s 15
s 165am A2005‑25 s 16, s 17, s 19; pars renum R6 LA (see A2005‑25 s 18); A2011‑22 amdt 1.451; A2011‑41 amdt 5.53, amdt 5.54
Changing 2-unit units plans to subdivisions
pt 11A hdgins A2008‑45 s 47
Application—pt 11A
s 165Ains A2008‑45 s 47
Subdivision of units plan—application
s 165Bins A2008‑45 s 47
am A2023-36 amdt 1.369, amdt 1.383
Lease variations and grants of further leases
pt 12 hdgsub A2011‑41 amdt 5.55; A2015‑19 s 124
Variation of leases
div 12.1 hdgins A2011‑41 amdt 5.55
Development applications to vary lease under Planning Act 2023
s 166 hdgsub A2007‑25 amdt 1.190; A2023-36 amdt 1.370
s 166am A2002‑56 amdt 3.75; A2007‑25 amdt 1.191, amdt 1.192; A2015‑19 s 125; A2023-36 amdt 1.371, amdt 1.372, amdt 1.384
Lease variation—amendment of schedule of unit entitlement
s 167sub A2002‑56 amdt 3.70
am A2023-36 amdt 1.373, amdt 1.384
Grants of further leases
div 12.2 hdgins A2011‑41 amdt 5.56
sub A2015‑19 s 126
Declared land subleases—grant of further leases
s 167AAins A2015‑19 s 126
Grant of further leases—generally
s 167A(prev s 49A) ins A2010‑50 amdt 1.53
reloc and renum as s 167A A2011‑41 amdt 5.42
sub A2015‑19 s 127
am A2020‑16 amdt 1.36; A2023-36 amdt 1.374
Declared land subleases—surrender of leases in units without grant of further leases
s 167Bins A2015‑19 s 127
Effects of lease expiry
s 168am A2015‑19 s 128, s 129; ss renum R29 LA; A2023-36 amdt 1.375, amdt 1.384
Dissolution of owners corporation on lease expiry—Supreme Court powers
s 169 hdgsub A2005‑25 s 20
s 169am A2005‑25 s 21, s 22, s 24; pars renum R6 LA (see A2005‑25 s 23); A2011‑22 amdt 1.451; A2011‑41 amdt 5.57, amdt 5.58
Effect of termination of unit lease
s 170am A2002‑56 amdt 3.71, amdt 3.76; A2007‑25 amdt 1.193; A2015‑19 s 130; A2023-36 amdt 1.376, amdt 1.384
New unit lease
s 171am A2002‑56 amdt 3.75; A2007‑25 amdts 1.194-1.196; A2023-36 amdt 1.377, amdt 1.383, amdt 1.384
New unit lease—schedule of unit entitlement
s 172am A2007‑25 amdt 1.197, amdt 1.198; A2015‑19 s 131; A2023-36 amdt 1.377, amdt 1.383
Notification and review of decisions
pt 14 hdgsub A2008‑37 amdt 1.505
Definitions—pt 14
s 173am A2002‑56 amdt 3.72, amdt 3.75
sub A2008‑37 amdt 1.505
def internally reviewable decision ins A2008‑37 amdt 1.505
def internal reviewer ins A2008‑37 amdt 1.505
def internal review notice ins A2008‑37 amdt 1.505
def reviewable decision ins A2008‑37 amdt 1.505
Internal review notices
s 173Ains A2008‑37 amdt 1.505
am A2023‑36 amdt 1.384
Objections
s 174am A2002‑56 amdt 3.75
sub A2008‑37 amdt 1.505
am A2023‑36 amdt 1.384
Internal reviewer
s 174Ains A2008‑37 amdt 1.505
am A2023‑36 amdt 1.384
Review by internal reviewer
s 175am A2002‑56 amdt 3.75
sub A2008‑37 amdt 1.505
am A2023‑36 amdt 1.384
Reviewable decision notices
s 176sub A2008‑37 amdt 1.505
Effect of decision to allow objection
s 177sub A2008‑37 amdt 1.505
Applications for review
s 177Ains A2008‑37 amdt 1.505
Removal of matters from ACAT to Supreme Court
s 178 hdgam A2008‑45 s 53
s 178am A2008‑45 s 53
om A2011‑41 amdt 5.59
Determination of fees
s 179sub A2001‑44 amdt 1.4161
am A2006‑42 amdt 3.211; A2011‑41 amdt 5.60
Approved forms
s 180sub A2001‑44 amdt 1.4161
am A2002‑30 amdt 3.933; A2002‑56 amdt 3.75; A2006‑42 amdt 3.211; A2023‑36 amdt 1.384
Regulation-making power
s 181sub A2001‑44 amdt 1.4161
am A2010‑8 s 19
Repeals and transitional
pt 16 hdgexp 5 April 2003 (s 194)
Definitions for pt 16
s 182exp 5 April 2003 (s 194)
Repeal of Unit Titles Act 1970 and Unit Titles Regulations
s 183om LA s 89 (3)
Units plans, corporations and committees
s 184exp 5 April 2003 (s 194)
Mixed class A and class B unit title proposals
s 185exp 5 April 2003 (s 194)
Transitional unit title proposals
s 186exp 5 April 2003 (s 194)
Transitional unit title approvals
s 187exp 5 April 2003 (s 194)
Representatives—multiply-owned units and company-owned units
s 188exp 5 April 2003 (s 194)
General meetings notified before commencement day
s 189exp 5 April 2003 (s 194)
Finances of transitional corporations
s 190exp 5 April 2003 (s 194)
Work on behalf of unit owners
s 191exp 5 April 2003 (s 194)
Articles
s 192exp 5 April 2003 (s 194)
Insurance
s 193exp 5 April 2003 (s 194)
Expiry of pt 16
s 194sub A2002‑30 amdt 3.934
exp 5 April 2003 (s 194)
Transitional—Unit Titles Amendment Act 2008 (No 2)
pt 20 hdgins A2008‑45 s 48
exp 31 March 2014 (s 254 (LA s 88 declaration applies))
Definitions—pt 20
s 250ins A2008‑45 s 48
exp 31 March 2014 (s 254 (LA s 88 declaration applies))
def commencement day ins A2008‑45 s 48
exp 31 March 2014 (s 254 (LA s 88 declaration applies))
def pre-amendment Act ins A2008‑45 s 48
exp 31 March 2014 (s 254 (LA s 88 declaration applies))
Transitional—unit title application for 2-unit units plan
s 251ins A2008‑45 s 48
exp 31 March 2014 (s 254 (LA s 88 declaration applies))
Transitional regulations
s 252ins A2008‑45 s 48
exp 31 March 2014 (s 254 (LA s 88 declaration applies))
Transitional effect—Legislation Act, s 88
s 253ins A2008‑45 s 48
exp 31 March 2014 (s 254 (LA s 88 declaration applies))
Expiry—pt 20
s 254ins A2008‑45 s 48
exp 31 March 2014 (s 254 (LA s 88 declaration applies))
Transitional—Construction Occupations Legislation Amendment Act 2010
pt 25 hdgins A2010‑8 s 20
exp 3 September 2015 (s 303)
Meaning of commencement day—pt 25
s 300ins A2010‑8 s 20
exp 3 September 2015 (s 303)
Transitional—unit title applications lodged before commencement day
s 301ins A2010‑8 s 20
exp 3 September 2015 (s 303)
Transitional regulations—pt 25
s 302ins A2010‑8 s 20
exp 3 September 2015 (s 303)
Expiry—pt 25
s 303ins A2010‑8 s 20
exp 3 September 2015 (s 303)
Transitional—Unit Titles Legislation Amendment Act 2020
pt 26 hdgins A2020-4 s 59
exp 1 November 2021 (s 306)
Requirement for building management statement—s 17B
s 305ins A2020-4 s 59
exp 1 November 2021 (s 306)
Expiry—pt 26
s 306ins A2020-4 s 59
exp 1 November 2021 (s 306)
Reviewable decisions
sch 1 hdgsub A2008‑37 amdt 1.506
sch 1am A2006‑42 amdt 3.212; A2008‑37 amdt 1.507; A2013‑15 s 20
Dictionary
dictam A2002‑30 amdt 3.935; A2006‑42 amdt 3.213; A2008‑37 amdt 1.508; A2008‑45 s 49; A2009‑49 amdt 3.206; A2011‑22 amdt 1.452; A2011‑41 amdt 5.61; A2023-36 amdt 1.378
def ACAT dispute ins A2008‑45 s 50
om A2011‑41 amdt 5.62
def address for correspondence sub A2011‑41 amdt 5.63
def administration order om A2011‑41 amdt 5.64
def administrative fund om A2011‑41 amdt 5.64
def administrator sub A2011‑41 amdt 5.65
def annexed sub A2005‑20 amdt 3.451
def appoint ins A2008‑45 s 50
def article ins A2005‑20 amdt 3.452
om A2011‑41 amdt 5.66
def attachment ins A2008‑9 s 9
def building and development provision ins A2007‑25 amdt 1.199
sub A2023-36 amdt 1.379
def building management statement ins A2020-4 s 60
sub A2021‑25 amdt 1.6
def cancellation dissolution order sub A2005‑25 s 25
def cancellation order ins A2005‑25 s 26
def communications officer ins A2008‑45 s 50
om A2011‑41 amdt 5.66
def company sub A2011‑41 amdt 5.67
def company representative om A2005‑20 amdt 3.453
def contribution om A2011‑41 amdt 5.68
def corporate register sub A2011‑41 amdt 5.69
def Crown lease ins A2015‑19 s 132
def Crown lessee ins A2015‑19 s 132
def deadlock order om A2011‑41 amdt 5.70
def declared land sublease ins A2015‑19 s 132
sub A2023-36 amdt 1.379
def default articles sub A2008‑45 s 51
om A2011‑41 amdt 5.70
def developer ins A2008‑45 s 52
def developer control period ins A2008‑45 s 52
om A2011‑41 amdt 5.70
def development covenant om A2007‑25 amdt 1.200
def development statement sub A2002‑56 amdt 3.74
def eligible person am A2002‑56 amdt 3.75
om A2011‑41 amdt 5.70
def encroachment ins A2008‑9 s 9
def entitled to vote sub A2005‑20 amdt 3.454; A2011‑41 amdt 5.71
def executive committee om A2011‑41 amdt 5.72
def executive member sub A2011‑41 amdt 5.73
def expiry dissolution order sub A2005‑25 s 27
def financial year om A2011‑41 amdt 5.74
def financier ins A2008‑45 s 52
om A2011‑41 amdt 5.74
def full name om A2011‑41 amdt 5.74
def general fund om A2011‑41 amdt 5.74
def general funds budget om A2011‑41 amdt 5.74
def GST om A2005‑20 amdt 3.455
def implied warranties ins A2008‑45 s 52
om A2011‑41 amdt 5.74
def initial sinking fund plan ins A2008‑45 s 52
om A2011‑41 amdt 5.74
def interest sub A2015‑19 s 133
def interested non-voter am A2011‑41 amdt 5.75
def interested party om A2011‑41 amdt 5.76
def internally reviewable decision ins A2008‑37 amdt 1.509
def internal reviewer ins A2008‑37 amdt 1.509
def internal review notice ins A2008‑37 amdt 1.509
def Land Act om A2007‑25 amdt 1.201
def lease am A2007‑25 amdt 1.202
sub A2015‑19 s 134
amA2023-36 amdt 1.380, amdt 1.381, amdt 1.383
def manager ins A2008‑45 s 52
om A2011‑41 amdt 5.76
def member ins A2011‑41 amdt 5.77
def mortgage sub A2011‑41 amdt 5.78
def mortgagee sub A2011‑41 amdt 5.78
def mortgagee’s representative om A2005‑20 amdt 3.455
ins A2011‑41 amdt 5.80
def mortgagee voting notice om A2011‑41 amdt 5.81
def mortgage insurance policy om A2011‑41 amdt 5.79
def ordinary resolution sub A2011‑41 amdt 5.82
def owners corporation sub A2011‑41 amdt 5.82
def part-owner sub A2011‑41 amdt 5.83
def proportional share om A2011‑41 amdt 5.84
def public place ins A2008‑9 s 9
am A2013‑3 amdt 2.40
def reduced quorum om A2011‑41 amdt 5.84
def reduced quorum decision om A2011‑41 amdt 5.84
def representative om A2011‑41 amdt 5.84
def reviewable decision sub A2008‑37 amdt 1.510
def schedule of unit entitlement sub A2005‑20 amdt 3.456
def schedules of rent and lease provisions ins A2020-4 s 60
am A2023‑36 amdt 1.384
def secretary ins A2008‑45 s 52
om A2011‑41 amdt 5.84
def service contract ins A2008‑45 s 52
om A2011‑41 amdt 5.84
def service contractor ins A2008‑45 s 52
om A2011‑41 amdt 5.84
def sinking fund om A2011‑41 amdt 5.84
def sinking fund expenditure ins A2008‑45 s 52
om A2011‑41 amdt 5.84
def sinking fund plan ins A2008‑45 s 52
om A2011‑41 amdt 5.84
def special purpose fund om A2011‑41 amdt 5.84
def special resolution sub A2011‑41 amdt 5.85
def standard quorum om A2011‑41 amdt 5.86
def termination sub A2007‑25 amdt 1.203; A2015‑19 s 134
amA2023-36 amdt 1.382
def total sinking fund amount om A2011‑41 amdt 5.86
def treasurer ins A2008‑45 s 52
om A2011‑41 amdt 5.86
def unanimous resolution sub A2011‑41 amdt 5.87
def unit owners’ representative om A2005‑20 amdt 3.457
def units plan sub A2005‑20 amdt 3.458
def unit title assessment report ins A2010‑8 s 21
def unit title assessor ins A2010‑8 s 21
def unit title certificate om A2011‑41 amdt 5.88
def unopposed resolution sub A2011‑41 amdt 5.89
def utility services am A2011‑41 amdt 5.90; A2023‑24 s 19
def voting value om A2011‑41 amdt 5.91
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*
5 Oct 20015 Oct 2001–
9 Mar 2002A2001‑58 new Act and amendments by A2001‑44 and A2001‑56 R1 (RI)
27 Sept 20025 Oct 2001–
9 Mar 2002A2001‑58 reissue for retrospective amendments by A2002‑30 R2*
10 Mar 200210 Mar 2002–
16 Sept 2002A2001‑58 amendments by A2001‑58 R2 (RI)
27 Sept 200210 Mar 2002–
16 Sept 2002A2001‑58 reissue for retrospective amendments by A2002‑30 R3
27 Sept 200217 Sept 2002–
5 Apr 2003A2002‑30 amendments by A2002‑30 R4
7 Apr 20036 Apr 2003–
30 June 2003A2002‑56 commenced expiry R5
1 July 20031 July 2003–
11 May 2005A2002‑56 amendments by A2002‑56 R6
12 May 200512 May 2005–
1 June 2005A2005‑25 amendments by A2005‑25 R7
2 June 20052 June 2005–
13 Sept 2005A2005‑25 amendments by A2005‑20 R8*
14 Sept 200514 Sept 2005–
15 Nov 2006A2005‑37 amendments by A2005‑37 R9
16 Nov 200616 Nov 2006–
30 Mar 2008A2006‑42 amendments by A2006‑42 R10
31 Mar 200831 Mar 2008–
17 Apr 2008A2007‑25 amendments by A2007‑25 R11
18 Apr 200818 Apr 2008–
1 Feb 2009A2008‑9 amendments by A2008‑9 R12
2 Feb 20092 Feb 2009–
30 Mar 2009A2008‑45 amendments by A2008‑37 and A2008‑45 R13
31 Mar 200931 Mar 2009–
30 June 2009A2008‑45 amendments by A2008‑45 R14
1 July 20091 July 2009–
9 Sept 2009A2008‑45 amendments by A2008‑45 R15
10 Sept 200910 Sept 2009–
30 Sept 2009A2008‑45 amendments by A2008‑45 R16*
1 Oct 20091 Oct 2009–
16 Dec 2009A2008‑45 commenced expiry R17
17 Dec 200917 Dec 2009–
2 Sept 2010A2009‑49 amendments by A2009‑49 R18
3 Sept 20103 Sept 2010–
20 Dec 2010A2010‑24 amendments by A2010‑8 and A2010‑24 R19
21 Dec 201021 Dec 2010–
31 Mar 2011A2010‑50 amendments by A2010‑50 R20
1 Apr 20111 Apr 2011–
30 June 2011A2010‑50 expiry of provision (s 62 (4)-(6)) R21
1 July 20111 July 2011–
6 July 2011A2011‑22 amendments by A2011‑19 and A2011‑22 R22
7 July 20117 July 2011–
29 Mar 2012A2011‑23 amendments by A2011‑23 R23
30 Mar 201230 Mar 2012–
28 May 2012A2011‑41 relocation of provisions to Civil Law (Property) Act 2006 and other amendments by A2011‑41 R24
29 May 201229 May 2012–
21 May 2013A2012‑23 amendments by A2012‑23 R25
22 May 201322 May 2013–
30 June 2013A2013‑15 amendments by A2013‑15 R26*
1 July 20131 July 2013–
31 Mar 2014A2013‑3 amendments by A2013‑3 R27
1 Apr 20141 Apr 2014‑
26 May 2014A2013‑3 expiry of transitional provisions (pt 20) R28
27 May 201527 May 2015‑
30 June 2015A2014-23 amendments by A2014-23 R29
1 July 20151 July 2015–
3 Sept 2015A2015‑19 amendments by A2015‑19 R30
4 Sept 20154 Sept 2015–
26 Apr 2016A2015‑19 expiry of transitional provisions (pt 25) R31
27 Apr 201627 Apr 2016–
31 May 2020A2016‑18 amendments by A2016‑18 R32
1 June 20201 June 2020–
31 Oct 2020A2020‑16 amendments by A2020‑16 R33
1 Nov 20201 Nov 2020–
1 Nov 2021A2020‑16 amendments by A2020‑4 R34
2 Nov 20212 Nov 2021–
17 Nov 2021A2020‑16 expiry of transitional provisions (pt 26) R35
18 Nov 202118 Nov 2021–
30 June 2023A2021‑25 amendments by A2021‑25 R36
1 July 20231 July 2023–
26 Nov 2023A2023‑24 amendments by A2023‑24
Expired transitional or validating provisions
This Act may be affected by transitional or validating provisions that have expired. The expiry does not affect any continuing operation of the provisions (see Legislation Act 2001, s 88 (1)).
Expired provisions are removed from the republished law when the expiry takes effect and are listed in the amendment history using the abbreviation ‘exp’ followed by the date of the expiry.
To find the expired provisions see the version of this Act before the expiry took effect. The ACT legislation register has point-in-time versions of this Act.
© Australian Capital Territory 2023
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