Unit Titles Act 2001

The Executive may make regulations for this Act.

A regulation may create offences and fix maximum penalties of not more than 60 penalty units for the offences.

Schedule 1 Reviewable decisions (see s 173)

column 1 item column 2

Act provision column 3 reviewable decision column 4 person

1

20 (6) refusal to approve a unit title application on the grounds of inconsistency with the heritage register lessee of the parcel

2

21 (1) determination of a reasonable rent to be reserved under the lease of a unit in a units plan lessee of the parcel

3

22 amendment of a development statement lessee of the parcel

4

29 amendment of a development statement before registration of the units plan each person with an interest in the parcel

5

29 refusal to amend a development statement before registration of the units plan each person with an interest in the parcel

6

29 (5) amendment of a schedule of unit entitlement in amending a development statement before registration of the units plan each person with an interest in the parcel

7

30 amendment of a development statement after registration of the units plan.

lessee of the parcel immediately before registration

owners corporation

each interested nonvoter

8

30 refusal to amend a development statement after registration of the units plan

lessee of the parcel immediately before registration

owners corporation

each interested nonvoter

9

30 (7) (a) authorisation of amendment of a schedule of unit entitlement in amending a development statement after registration of the units plan

lessee of the parcel immediately before registration

owners corporation

each interested nonvoter

10

146 refusal to grant unit entitlement authority owners corporation

11

146 grant of unit entitlement authority otherwise than as applied for owners corporation

12

146 (4) (b) grant of shorter extended period than applied for, for which a unit entitlement authority is to remain in force owners corporation

13

149 grant of boundary authority

owners corporation

each interested nonvoter

14

149 refusal to grant boundary authority

owners corporation

each interested nonvoter

15

149 (4) (b) grant of shorter extended period than applied for, for which a boundary authority is to remain in force

owners corporation

each interested nonvoter

16

154 (4) grant of certificate about unit redevelopment applicant for certificate

17

160 grant of cancellation authority

owners corporation

each interested nonvoter

18

160 refusal to grant cancellation authority

owners corporation

each interested nonvoter

19

160 (4) (b) grant of shorter extended period than applied for, for which a cancellation authority is to remain in force

owners corporation

each interested nonvoter

20

160 (5) grant of cancellation authority including a declaration of provisions that are to govern the new lease arising under section 163

owners corporation

each interested nonvoter

Dictionary (see s 3)

Note 1 The Legislation Act contains definitions and other provisions relevant to this Act.

Note 2 For example, the Legislation Act, dict, pt 1, defines the following terms:

 ACAT

 appoint

 director‑general (see s 163)

 exercise

 function

 heritage register

 reviewable decision notice

 territory planning authority.

address for correspondence—see the Unit Titles (Management) Act 2011, dictionary.

administrator—see the Unit Titles (Management) Act 2011, dictionary.

annexed—see section 12A.

appoint includes engage.

attachment, in relation to a building, means—

an eave, gutter or downpipe; or

an awning; or

anything attached to the building prescribed by regulation.

benefited estate—see section 35 (Easements given by this Act) and section 36 (Easements declared by owners corporations).

boundary authority—see section 149.

building includes—

a structure; and

any other improvement (including fixtures, fittings and site improvements); and

as shown in a unit title application—a building, structure or improvement (including fixtures, fittings and site improvements) proposed to be erected, or as proposed to be altered or added to.

Examples of site improvements

1 a paved path

2 a paved barbecue area building and development provision, in relation to a lease—see the Planning Act 2023, section 256.

building damage scheme—see section 152.

building management statement—see the Land Titles Act 1925, section 123C (1).

burdened estate—see section 35 (Easements given by this Act) and section 36 (Easements declared by owners corporations).

cancellation authority—see section 160.

cancellation dissolution order—see section 165 (Dissolution of owners corporation—Supreme Court powers).

cancellation order—see section 161A (Cancellation orders—Supreme Court powers).

class A unit—see section 10.

class B unit—see section 11.

common property—see section 13.

company—see the Unit Titles (Management) Act 2011, dictionary.

corporate register—see the Unit Titles (Management) Act 2011, section 113.

Crown lease—see the Land Titles Act 1925, dictionary.

Crown lessee, in relation to a declared land sublease, means the lessee under the Crown lease under which the sublease is granted.

declared land sublease—see the Planning Act 2023, section 365 (1).

developer means the lessee of a parcel who applies for the approval of the subdivision of the parcel under section 17 (Unit title applications—general requirements).

development, of a parcel, a unit or common property—

means the erection, alteration or addition of a building on the parcel, unit or common property; and

for a unit title application—includes a proposal for the erection, alteration or addition of a building on the parcel, unit or common property.

development statement means a statement about a staged development, accompanying a unit title application (as amended under section 22 (Unit title applications—amendment of development statement by authority), or amended under section 29 (Amendment of development statements before registration) or section 30 (Amendment of development statements after registration)).

encroachment includes a projection at, above or below ground level.

entitled to vote, in relation to a motion at a general meeting of an owners corporation—see the Unit Titles (Management) Act 2011, dictionary.

estate, in relation to a unit title easement right given by this Act, means the unit or common property benefited or burdened by the right.

Note See div 4.2 (Easements) (which defines unit title easement rights in s 34 and benefited estate and burdened estate in s 35 and s 36).

executive member, of an owners corporation—see the Unit Titles (Management) Act 2011, dictionary.

expiry dissolution order—see section 169 (Dissolution of owners corporation on lease expiry—Supreme Court powers).

final building damage order—see section 157.

former members, of an owners corporation that is dissolved, means the people who were the members of the corporation immediately before the dissolution.

improved value, for calculating the unit entitlement of a unit (whether before or after the registration of the units plan) means—

for a class A unit—the total of the following values:

the value of the unit itself;

for any unit subsidiaries annexed to the unit that are buildings or parts of buildings—the value of the buildings or parts of buildings;

for any unit subsidiaries annexed to the unit that are constituted by land—the combined value of the land and all buildings on the land; or

for a class B unit—the total of the following values:

the combined value of the land occupied by the unit itself and of all buildings on the land;

for any unit subsidiaries annexed to the unit that are buildings or parts of buildings—the value of the buildings or parts of buildings;

for any unit subsidiaries annexed to the unit that are constituted by land—the combined value of the land and all buildings on the land.

interest, in a unit or common property—

means a legal or equitable estate or interest (whether registered or unregistered) in the lease of the unit or of the common property; and

if a units plan subdivides a parcel of land under a declared land sublease—includes the interest of the Crown lessee in the land; but

does not include an interest in a lease of a unit.

interested nonvoter—a person with an interest in a unit or the common property is an interested nonvoter in relation to an application under this Act for amendment of a development statement (under section 30), a boundary authority (under section 149) or a cancellation authority (under section 160) if—

the interest was shown on the corporate register (or known to an executive member) when the application was made; and

either—

the person’s interest was in a unit (otherwise than as mortgagee) or the common property when the resolution authorising the application was passed, but the person was not entitled to vote on the resolution; or

the person’s interest was as mortgagee in a unit when the resolution authorising the application was passed, but the mortgagee was not entitled to vote on the resolution through a mortgagee’s representative.

Examples—interested nonvoters

1 The proprietor of a property adjoining the parcel on which the units stand, if the property benefits from an easement over the common property, and the proprietor’s easement interest is shown on the corporate register.

2 For par (b) (i), a part-owner of a unit that is owned by 2 or more people, if the part-owner was not the representative for the unit when the application was authorised at a general meeting. The part-owner would not have been ‘entitled to vote’ under the Unit Titles (Management) Act 2011, sch 3, s 3.20.

3 For par (b) (i), an owner of a unit for which a mortgagee has issued a mortgagee voting notice under the Unit Titles (Management) Act 2011, sch 3, s 3.23. The owner would not have been ‘entitled to vote’ under that Act, sch 3, s 3.20.

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—

for a unit—the lease of the unit under—

section 33 (2) (Leases of units and common property); or

section 167AA (Declared land subleases—grant of further leases); or

section 171 (2) (New unit lease); or

the Planning Act 2023, section 289 (Grant of further leases); or

for common property—the lease of the common property under—

section 33 (3) (Leases of units and common property); or

section 167AA (Declared land subleases—grant of further leases); or

the Planning Act 2023, section 289 (Grant of further leases); or

for a parcel—

the lease of the parcel—

granted under the Planning Act 2023; or

arising under section 162 (Cancellation of units plan—effects) of this Act; or

if the parcel is land under a declared land sublease—the declared land sublease.

lessee means—

for a unit—the owner of the unit; or

for the common property—the owners corporation; or

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—

repair; and

replacement; and

renewal; and

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—

for a unit—the registered proprietor of the lease of the unit; or

Note The term unit owner is also defined in the dictionary with the same meaning.

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—

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

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—

the Planning Act 2023, section 289 (Grant of further leases); or

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—

the collection and passage of stormwater; and

the supply of water (for drinking or any other use); and

sewerage and drainage services; and

garbage collection services; and

gas, electricity and air services (including air conditioning and heating); and

communication services (including telephone, radio, television and internet).