Community Title Act 2001

This Act is the Community Title Act 2001.

The dictionary at the end of this Act is part of the Act.

Note 1  The dictionary at the end of this Act defines certain terms used in this Act, and includes references (signpost definitions) to other terms defined elsewhere in this Act.

For example, the signpost definition ‘lot entitlement schedule—see section 7 (h).’ means that the term ‘lot entitlement schedule’ is defined in that paragraph.

Note 2 A 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)).

A note included in this Act is explanatory and is not part of the Act.

Note See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.

Other legislation applies in relation to offences against this Act.

Note 1 Criminal Code

The Criminal Code, ch 2 applies to all offences against this Act (see Code, pt 2.1).

The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg conduct, intention, recklessness and strict liability).

Note 2 Penalty units

The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units.

Part 2 Nature of community title schemes

A community title scheme consists of—

a master plan for developing the scheme land; and

a management statement that complies with this part; and

the constituent documents for the body corporate to be formed on the registration of the scheme; and

the by-laws of the body corporate.

A community title scheme must include—

1 or more lots that are common property; and

2 or more lots that are not common property.

The land included in a community title scheme must form a single area that is not divided by anything other than—

a road; or

a body of water (other than a lake within the meaning of the Lakes Act 1976); or

an area prescribed by regulation.

The master plan forming part of a community title scheme must—

contain a site plan that—

delineates the site; and

shows each lot included in the scheme; and

identifies the lots that are common property; and

shows the position of all buildings on the site; and

contain a sketch that complies with the regulations showing the expected appearance of the finished development; and

include a description of the general theme (if any) of the development (for example, the architectural style or the nature of landscaping); and

include any other information prescribed by regulation.

A management statement that forms part of a community title scheme must include—

the name and address of the developer; and

a description of the stages, and the sequence of stages, in which any development of scheme land is to be carried out; and

a plan showing construction zones and access zones and the nature of the use that may be made of them; and

a schedule of times for starting and finishing each stage of any proposed development of scheme land (which may be fixed by reference to the calendar, the finishing of a previous element of the scheme, or to progress in the sale of lots or on any other reasonable basis); and

if a body corporate is to be established (other than on registration of the scheme) for any elements of the scheme—a copy of the documents that are to establish the body corporate; and

a schedule of the hours when work may be carried out on the proposed development; and

a description of the amenities to be provided as part of the proposed development and a statement of—

the purposes for which the amenities are to be provided; and

the extent to which the amenities are to be available for use by owners and occupiers of lots and their invitees; and

the arrangements for providing and maintaining the amenities and defraying the cost of their provision and maintenance; and

a schedule (the lot entitlement schedule) setting out—

for each lot that is not to be common property—a whole number that is the lot entitlement for the lot; and

a whole number that is the total of the entitlements of all lots that are not to be common property; and

a statement of the voting rights of the members of the body corporate at a general meeting if a poll is required; and

any other information or materials prescribed by regulation.

Part 3 Establishment of community title schemes

The developer of a community title scheme may apply to the territory planning authority, in writing, for approval of the scheme.

The application must be signed by—

the developer; and

if the developer is not the lessee of every lot to be included in the scheme—the lessee of each lot that is not leased to the developer; and

if the application relates to land under a declared land sublease and—

the developer is not the sublessee—the sublessee; and

the developer is not the Crown lessee—the Crown lessee.

Each person who signs the application is taken to be the applicant in relation to it.

The application must be accompanied by the documents that comprise the proposed community title scheme.

The documents that comprise the scheme must comply with any requirement prescribed by regulation.

The application may be made whether the site is entirely undeveloped or partly developed.

Before approving a proposed community title scheme, the territory planning authority may require changes to the scheme that need to be made for the scheme to comply with this Act.

The territory planning authority may approve a community title scheme proposal if satisfied that—

the proposal is in accordance with section 8 (Community title scheme proposal—application for approval); and

the proposed community title scheme complies with section 5 (2) and (3) (Community title schemes); and

the proposed lot entitlement schedule is reasonable having regard to the prospective relative values of the lots to be included in the scheme that are not to be common property.

The territory planning authority may refuse to approve a community title scheme proposal if the authority considers the proposal relates to a single building or single set of physically related buildings with no, or limited, external open space.

For subsection (2), the authority must take into account whether—

the proposed lots correspond to attached or semi-detached buildings; and

the proposed lots are limited wholly or partly by height or depth; and

the common property is above or below another proposed lot; and

if the community title scheme proposal relates to a single set of physically related buildings—

the buildings are physically integrated, for example, through underground car parking or physical overpasses; and

the buildings make use of physically integrated common facilities, for example, lifts and underground car parking; and

the amount of open space is limited relative to the buildings in the community title scheme proposal.

Examples—open space

1 lawns and gardens

2 internal roads

The territory planning authority may refuse to approve a community title scheme if the lessee of a lot proposed to be included in the scheme is in breach of the lease, or a provision of (or requirement under) the Planning Act 2023 that applies to the lessee because the lessee is the lessee of the lot.

The territory planning authority may refuse to approve a community title scheme proposal if the proposal is inconsistent with a heritage guideline or heritage direction under the Heritage Act 2004.

If a community title scheme proposal provides for development of the scheme land in stages, the territory planning authority may, before approving the proposal under section 10, amend the management statement if the authority considers it reasonable to do so to reduce 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 lots, or parts of lots, in the scheme.

2 Owners or occupiers of nearby premises.

3 Members of the public who regularly use the surrounding area.

If the territory planning authority approves a community title scheme proposal, the authority must give the developer of the scheme—

written notice of the approval including particulars of any security required under section 13; and

a schedule setting out the provisions under which leases of the lots of common property are to be held.