Real Property (Unit Titles) Act 1975

(1) In this Act the Principal Act means the Land Title Act 2000.

(2) Where an expression used in this Act is defined in the Unit Titles Act 1975, that expression as so used has the same meaning as in that Act.

(a) a reference to a unit is to be taken to be a reference to a building lot; and

(b) a reference to a units plan is to be taken to be a reference to a building development plan.

(4) This Act does not apply to the registration of an instrument made under the Unit Title Schemes Act 2009.

prescribed, in relation to fees, means prescribed under the Registration Act 1927.

(1) This Act is incorporated and is to be read as one with the Principal Act.

(2) Any document or instrument lodged under this Act with the Registrar-General, other than the following, is, for the purposes of the Principle Act, taken to be an instrument affecting land:

(d) the consent of a person having a registered interest in a parcel or unit;

(f) a notice referred to in section 21E(2)(b) of the Unit Titles Act 1975;

(g) a certificate referred to in section 21F(1)(d) of the Unit Titles Act 1975.

(3) Section 159 of the Principle Act does not apply in relation to the following documents or instruments lodged under this Act with the Registrar-General:

(g) an application to change to land under section 21FA of the Unit Titles Act 1975;

(1) The Registrar-General must, after payment of the prescribed fee and lodgement with the Registrar-General within the period referred to in section 21 of the Unit Titles Act 1975 of:

(b) 3 copies of the units plan complying with section 6A and endorsed under section 20 of the Unit Titles Act 1975 by the Surveyor-General; and

(c) the certificate as to title for the relevant parcel or, in relation to an application in respect of the second or subsequent stage of a condominium development, the certificate as to title for the relevant unit; and

(d) the written consent of each person whose consent is required for the registration of the units plan under the provisions applied under subsection (1A);

register the units plan.

(1A) For this section, the provisions in section 52(2) to (11) of the Land Title Act 2000 (the applied provisions) apply with the following changes:

(a) a reference in the applied provisions to the plan is taken to be a reference to the units plan;

(b) a reference in section 52(3) of the applied provisions to the lot to be subdivided or a lot to be consolidated is taken to be a reference to the parcel to which the units plan relates;

(c) a reference in section 52(10) and (11) of the applied provisions to a subdivision or consolidation is taken to be a reference to the subdivision to which the units plan relates;

(d) if the consent of any of the following would otherwise be required for the registration of the units plan under the applied provisions, the consent is not required:

(i) a service authority as defined in section 3(1) of the Planning Act 1999;

(ii) a referral authority as defined in section 60(1) of that Act for a planning scheme;

(iii) a person who has consented in writing to the proposal to which the units plan relates.

(1B) Subsection (1A)(d)(iii) has no effect for a person if:

(1C) Section 210 of the Land Title Act 2000 applies with necessary changes for the issuing of Registrar-General's directions for the applied provisions.

(2) Subject to subsections (1A) to (1C), the registered proprietor of an estate or interest in a parcel of land to which a units plan for a condominium development relates is taken to have consented to the units plan if:

(a) the units plan relates to a second or subsequent stage of the condominium development, the first stage of which has been, before or after the commencement of the Real Property (Unit Titles) Amendment Act 1998, registered; or

(b) he or she gave written consent for the applied provisions, or section 11(3) of the Unit Titles Act 1975 as in force immediately before the commencement of the amendment of that Act by the Land Title and Related Legislation Amendment Act 2008, to the proposed subdivision to which the units plan relates; or

(c) he or she became the registered proprietor of the estate or interest after the registration of a disclosure statement under section 9J in relation to the condominium development to which the units plan relates.

(1) If, immediately before the registration of a units plan, a person was the proprietor of a registered interest in:

(a) in the case of a units plan relating to a second or subsequent stage of a condominium development – a unit included as described in section 6; and

he shall be deemed to be, on the registration of the units plan, the proprietor of a registered interest in each unit, as if:

(c) on the date on which the memorandum creating the first-mentioned registered interest was executed, the registered proprietor had been the proprietor of all the units and that memorandum had, as the case required, been executed by him accordingly; and

(d) the first-mentioned registered interest had been a registered interest of all the units and not of the parcel or unit, as the case may be.

(2) If, immediately before the registration of a units plan, a person was the registered proprietor of an easement over portion of the parcel, he shall be deemed to be, on the registration of the units plan, the proprietor of an easement over so much of the land comprised in the common property and each unit as was affected by the first-mentioned easement; as if:

(a) on the date on which the memorandum creating the first-mentioned easement was executed, the proprietor or the lessee of the parcel on that date had been the proprietor or the lessee of the common property and the unit or units, as the case may be, and that memorandum had been executed by him accordingly; and

(b) the first-mentioned easement had been an easement over the common property or the unit or units, as the case may be, and not over that portion of the parcel.

(3) If, immediately before the registration of a units plan the registered proprietor of the parcel was, in respect of that parcel, the proprietor of an easement over any other land, upon the registration of the units plan:

(a) each proprietor of a unit shall be the proprietor of that easement in respect of his unit; and

(b) the proprietor of the common property shall be the proprietor of that easement in respect of the common property,

as a dominant tenement, notwithstanding that the units or common property may not be contiguous with the servient tenement.

(4) On and after the registration of a units plan, the memorandum of a registered interest referred to in subsection (1) and the memoranda of easements referred to in subsections (2) and (3) and any instrument or other document relating to the parcel or the lease of the parcel or to that registered interest or easement shall be deemed to be modified in such manner as is necessary to give effect to subsections (1), (2) and (3).

(aa) except in subsection (1)(b), parcel includes a unit referred to in subsection (1)(a);

(a) registered proprietor of an easement and proprietor of an easement include a person in whose favour an easement is reserved in the land register; and

(b) a reference to a memorandum creating an easement and the date of its execution includes a reference to the reservation of an easement in the land register, and the date of that reservation.

(a) a reference to a unit (other than a reference in subsection (1)) is to be taken to be a reference to a building lot; and

(b) a reference to a units plan (other than a reference in subsection (1)) is to be taken to be a reference to a building development plan.

Immediately after the registration of a units plan or a building development plan, the Registrar-General shall:

(a) in the case of a units plan that does not relate to a second or subsequent completed stage of a condominium development:

(ii) issue to the relevant corporation a certificate as to title for the common property in accordance with the prescribed form; and

(b) in the case of a units plan relating to a second or subsequent completed stage of a condominium development – cancel the certificate of title and the duplicate of that certificate for the unit (other than a unit in a previously completed stage of the condominium development) held by the developer; and

(c) issue, in accordance with the prescribed form, a certificate as to title for each unit to the person who, by force of section 23 of the Unit Titles Act 1975, is the proprietor of the unit; and

(ca) issue, in accordance with the prescribed form, a certificate as to title for each building lot to the person who, by force of section 26ZQ of the Unit Titles Act 1975, is the proprietor of the building lot; and

(d) in the case of a units plan relating to any completed stage of a condominium development – issue to the developer a certificate as to title for the unit comprising the balance, if any, of the parcel; and

(da) enter on each certificate as to title issued a memorial of any registered interest to which, by force of section 8, or by force of section 23 or 26ZQ of the Unit Titles Act 1975, the unit or building lot is subject and, if it is subject to 2 or more registered interests, enter the memorials in such manner as to preserve their priority; and

(e) enter on the registered instrument evidencing or creating such a registered interest and on its duplicate copy a memorial that it has effect in accordance with section 8 or in accordance with section 23 or 26ZQ of the Unit Titles Act 1975, as the case may be; and

(ea) where the units plan relates to a completed stage of a condominium development record that fact in such manner as he thinks fit on the units plan and on each certificate as to title issued under this section as a result of its registration; and

(f) enter on a certificate as to title issued under this section a memorial of any easement in respect of which, by force of section 8(3), the unit or building lot, and the common property, are the dominant tenements; and

(g) record in the land register in respect of the servient tenement a note that the easement has effect in accordance with section 8(3); and

(h) deliver a copy of the units plan or building development plan to the applicant or person entitled to it and another copy to the local government council for the local government area in which the parcel is situated or, if the parcel is not situated in a local government area, to the Minister.

Subject to section 9DA, the Registrar-General shall, on lodgement with him of:

(b) 3 copies of the units plan of subdivision or units plan of consolidation in accordance with Part IIIA of the Unit Titles Act 1975 and section 9A of this Act; and

(d) in the case of a units plan of subdivision – the certificate or certificates required by section 21B(2)(c) of the Unit Titles Act 1975 to accompany the units plan of subdivision; and

(e) a certified copy of the unanimous resolution of the corporation referred to in section 21A(b)(i) of the Unit Titles Act 1975; and

(g) the duplicate copy of every instrument evidencing or creating an estate or interest in the units subdivided or consolidated to which a consent referred to in paragraph (f) relates; and

(h) the certificate of the corporation under section 21D(b) of the Unit Titles Act 1975; and

(j) in the case of a subdivision, a certificate of a licensed surveyor referred to in section 21B(2)(b) of the Unit Titles Act 1975,

register the units plan of subdivision or units plan of consolidation.