Unit Titles Act 2001

This Act is the Unit Titles Act 2001.

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

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 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 this Act.

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

Part 2 Key concepts

Division 2.1 Unit title developments

A parcel is land—

proposed (in a unit title application) to be subdivided under this Act; or

comprising the whole of the land subdivided under this Act (as shown in a registered units plan).

Note A parcel includes land under a declared land sublease.

A unit title application is an application under section 17 for the subdivision of land under this Act.

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):

diagrams showing the subdivision;

if the application provides for a staged development—the development statement;

the schedule of unit entitlement;

schedules of rent and lease provisions.

After those documents have been registered, the units plan consists of the registered documents as amended from time to time under this Act.

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).

For this Act, the total unit entitlement under a schedule of unit entitlement must be 10, 100, 1 000, 10 000 or 100 000.

A unit is a part of a parcel shown in a unit title application or a units plan as a unit.

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.

A class A unit is a unit that is identified as a class A unit—

before a units plan is registered—in the relevant unit title application; or

after the relevant units plan is registered—in the units plan.

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.

Note A 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).

A class B unit is a unit that is identified as a class B unit—

before a units plan is registered—in the relevant unit title application; or

after the relevant units plan is registered—in the units plan.

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.

Note A 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).

A unit subsidiary is a part of a parcel identified as a unit subsidiary annexed to a unit—

before a units plan is registered—in the relevant unit title application; or

after the relevant units plan is registered—in the units plan.

Note A 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).

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.

Note Property 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.