Unit Titles Act 2001

This section applies to a parcel if the remaining term of the parcel’s lease is at least 50 years.

The lessee of the parcel may apply to the territory planning authority for approval of the subdivision of the parcel under this Act.

The application must provide for the subdivision of the parcel into—

class A units or class B units, but not both; and

unit subsidiaries (if any are provided for in the application); and

common property (for the remaining parts of the parcel).

Note The 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.

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.

Note An application for a staged development may be approved only if—

the development has development approval under the Planning Act 2023 (see s 20 (3) and that Act, ch 7); and

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)).

The application must include—

if the parcel is prescribed by regulation—

a unit title assessment report that is not more than 3 months old; and

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

a plan prepared by a registered surveyor showing anything prescribed by regulation.

Note Unit title assessment report—see s 22B.

The application must include a statement about the proposed use of the units indicating—

the full list of potential authorised uses under the lease for the parcel; and

if the developer proposes to restrict the use of a unit to a subset of the potential uses mentioned in paragraph (a)—

the proposed subset of uses that applies to the unit; and

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

If the application provides for a staged development, it must include—

a development statement prepared in accordance with the regulations; and

on the completion of each stage of the development, the documents mentioned in subsection (5).

In this section:

stage, of a development, means a stage identified in the development statement.