Variation of Act
Schedule 3 Variation of Act
regulation 24
Section |
Variation |
|
|
omit |
substitute |
Section 26ZI(1) |
the registered proprietor of an estate in fee simple in or a lease from the Crown of land |
the registered proprietors of all the units in a units plan |
Section 26ZI(4) |
the parcel |
a unit in or the common property of a units plan |
Section 26ZQ(1)(a) |
the whole paragraph |
(a) the person who was the proprietor of a unit in the units plan becomes possessed of the building lot that replaces the unit; and |
Section 26ZQ(1)(b) |
the whole paragraph |
(b) the corporation converted by section 26ZU(5)(a) into a building management corporation becomes possessed of an estate in fee simple in the common property it held as a corporation constituted by section 27. |
|
add at the end |
|
Section 26ZR |
(3) The registration of a building development plan does not affect a lease that was granted under section 42B before registration of the plan. |
|
Schedule 4
regulation 3
FORM 1
regulation
6
NORTHERN TERRITORY OF
AUSTRALIA
U |
R |
No: |
LODGED AT THE
REGISTRAR-GENERAL'S OFFICE
ON ……………………….. AT
…………………………………..
BY ……………………….. CORRECTION
TO …………………
FEE ……………………… RECEIPT
……………………………
APPLICATION TO ADD LAND
TO OR REMOVE LAND FROM
A PARCEL
The applicant being the registered proprietor(s) of the land described below, hereby applies to change land comprised in the parcel described below by adding land to, or removing land from, the parcel. |
(NOTES 1–4) |
Register |
Volume |
Folio |
Location |
Lot Description |
Plan |
Unit |
(NOTE 5) |
|
|
|
|
|
|
|
|
DESCRIPTION OF LAND TO BE ADDED OR REMOVED |
|
(NOTE 6) |
APPLICANT |
|
(NOTE 7) |
ADDRESS (for service of documents)
|
|
(NOTE 8) |
…………………………………………………… Signed by the Applicant On (Date) ……………………………………….. In the presence of:
…………………………………………………… Witness …………………………………………………… ……………………………………………………
|
The COMMON SEAL OF THE PROPRIETORS OF UNITS PLAN NO. ………./…………has been affixed hereto. On (Date) ……..………………………………… Signed by …………………………………………………… Authority………………………………………… ……………………………………………………
|
(NOTES 9 & 10) |
Registered on ………….…..….
At …………...…………..
SCHEDULE
OF NOTES
1. This form is used for an application to add land to or remove land from a parcel. A new
schedule of unit entitlements must accompany this application.
2. The application to add or remove land must be in accordance with Part IIIA of the Unit
Titles Act 1975.
3. This form may be lodged as an original only and must be typed or completed in biro. Alterations to information entered on the form should be crossed out (not erased or obliterated by painting over) and initialled by the parties.
4. This application cannot be made unless it is accompanied by the consents required under section 21A(b) of the Unit
Titles Act 1975, by a development permit issued under section 53 of the Planning
Act 1999 indicating the consent of the relevant consent authority under that Act to the additional or removal and, if section 21FA(3) of the Unit
Titles Act 1975 applies, by the approval required under section 26J or 26W (as applicable) of the Unit
Titles Act 1975.
5. Volume and Folio references must be given together with complete parcel description. All the affected certificates as to title, if they have been issued, must be produced.
6. Insert a description of the land to be added or removed together with a units plan/survey plan reference. The plan must be attached to this application and must show clearly which land is being added or removed.
7. Insert full name.
8. Actual address at which it is intended that the person or body corporate receive notices should be stated. In the case of the Body Corporate this is the address which will appear on the certificate as to title for the common property. Any applicable postal address can be used.
9. Insert full name and position or authority for signing on behalf of the Body Corporate.
The Execution of this notice should conform with the formalities under section 30A(2) of the Unit
Titles Act 1975 relating to the affixing of the common seal.
10. This document must be witnessed by a commissioner for oaths, a member of the Legislative
Assembly, a legal practitioner, a person holding office under the
Supreme Court Act
1979,
the Justices of the Peace Act 1991,
the Local
Court Act 2015 or the Registration Act
1927,
a member of the
Police Force, a person licensed as a conveyancing agent or real estate agent under the Agents
Licensing Act 1979,
a Notary Public or any other person approved by the Registrar-General.
A witness to an instrument executed by an individual must first:
take reasonable steps to ensure that the individual is the person entitled to sign the instrument;
have the individual execute the document in the presence of the witness; and
not be a party to the instrument.
After signing, witnesses must legibly write, type or stamp their names and contact address or telephone number below their signature.
For a corporation, an instrument must be executed in a way permitted by law or sealed with the corporation's seal in accordance with section 48 of the Law of Property Act 2000.
For witnessing of instruments executed outside the Northern Territory refer to the Real
Property (Unit Titles) Regulations 1987.
FORM 2
regulation
12
NORTHERN TERRITORY OF
AUSTRALIA
B |
L |
No: |
LODGED AT THE
REGISTRAR-GENERAL'S OFFICE
ON ……………………….. AT
…………………………………..
BY ……………………….. CORRECTION
TO …………………
FEE ……………………… RECEIPT
……………………………
APPLICATION FOR REGISTRATION
OF A BUILDING DEVELOPMENT PLAN
The applicant being the registered proprietor(s) of the land described below, hereby applies for the registration of a building development plan in respect of the land described below and hereby lodges the appropriate documents. |
(NOTES 1–9) |
Register |
Volume |
Folio |
Location |
Lot Description |
Plan |
Unit |
(NOTE 10) |
|
|
|
|
|
|
|
|
|
|
APPLICANT |
|
(NOTE 11) |
ADDRESS (for service of documents)
|
|
(NOTE 12) |
…………………………………………………… Signed by the Applicant On (Date) ……………………………………….. In the presence of:
…………………………………………………… Witness …………………………………………………… ……………………………………………………
|
…………………………………………….…….. Signed by the Applicant On (Date) ………………………………………. In the presence of:
…………………………………………………... Witness …………………………………………………… ……………………………………………………
|
(NOTE 13) |
Registered on ………….…..….
At …………...…………..
SCHEDULE
OF NOTES
1. This form is to be used for an application for registration of a building development plan.
2 This form may be lodged as an original only and must be typed or completed in biro. Alterations to information entered on the form should be crossed out (not erased or obliterated by painting over) and initialled by the parties.
3. A building development plan must involve the creation of not less than 2 building lots and common property.
4. This application must be accompanied by the disclosure statement (in duplicate) in the prescribed form.
5. A copy of the building development plan must be lodged with this application.
6. The building development plan must be signed by the Surveyor-General, a licensed surveyor and a valuer.
7. This application must be accompanied by a schedule of building lot entitlements prepared in accordance with the Unit Titles Regulations 2002.
9. The application must be accompanied by a development permit issued under section 53 of the Planning Act
1999 indicating:
(i) the consent of the relevant consent authority under that Act to the subdivision of the land in accordance with the building development proposal; and
(ii) that the determination to which it relates is conditional on the applicant's compliance with the terms of the disclosure statement.
10. Volume and Folio references must be given together with complete parcel description.
All the affected certificates as to title, if they have been issued, must be produced.
11. Insert full name.
12. Actual address at which it is intended that the Building Management Corporation receive notices and have its books should be stated. This is the address which will appear on the certificate as to title for the common property. Any applicable postal address should be quoted as well.
13. This document must be witnessed by a commissioner for oaths, a member of the Legislative
Assembly, a legal practitioner, a person holding office under the
Supreme Court Act
1979,
the Justices of the Peace Act 1991,
the Local
Court Act 2015 or the Registration Act
1927,
a member of the
Police Force, a person licensed as a conveyancing agent or real estate agent under the Agents
Licensing Act 1979,
a Notary Public or any other person approved by the Registrar-General.
A witness to an instrument executed by an individual must first:
take reasonable steps to ensure that the individual is the person entitled to sign the instrument;
have the individual execute the document in the presence of the witness; and
not be a party to the instrument.
After signing, witnesses must legibly write, type or stamp their names and contact address or telephone number below their signature.
For a corporation, an instrument must be executed in a way permitted by law or sealed with the corporation's seal in accordance with the Law of Property Act 2000, section 48.
For witnessing of instruments executed outside the Northern Territory refer to the Real
Property (Unit Titles) Regulations 1987.
FORM 4
regulation
22
NORTHERN TERRITORY OF
AUSTRALIA
C |
U |
No: |
LODGED AT THE
REGISTRAR-GENERAL'S OFFICE
ON ……………………….. AT
…………………………………..
BY ……………………….. CORRECTION
TO …………………
FEE ……………………… RECEIPT
……………………………
APPLICATION TO CONVERT
UNITS INTO A BUILDING
DEVELOPMENT PLAN
The applicant being the registered proprietor(s) of the land described below, hereby applies to convert all of the units to which the units plan described below relates into building lots by the registration of a building development plan in respect of the land described below and hereby lodges the appropriate documents. |
(NOTES 1–11) |
Register |
Volume |
Folio |
Location |
Lot Description |
Plan |
Unit |
(NOTE 12) |
|
|
|
|
|
|
|
|
UNITS PLAN NUMBER |
………..…./……..…….
|
(NOTE 13) |
APPLICANT |
|
(NOTE 14) |
ADDRESS (for service of documents)
|
|
(NOTE 15) |
The COMMON SEAL OF THE PROPRIETORS OF UNITS PLAN NO. ………./………… has been affixed hereto. On (Date) ……..………………………………… Signed by …………………………………………………… Authority………………………………………… ……………………………………………………
|
Affix Seal here: |
(NOTES 16 & 17) |
Registered on ………….…..….
At …………...…………..
SCHEDULE
OF NOTES
1. This form is used for an application to Convert Units into a Building Development Plan of
Subdivision.
2. This form may be lodged as an original only and must be typed or completed in biro. Alterations to information entered on the form should be crossed out (not erased or obliterated by painting over) and initialled by the parties.
3. This application cannot be made unless the written consent of all of the owners of the units to which a units plan relates has been obtained in the prescribed form (Form 5).
4. A building development plan must involve the creation of not less than 2 building lots and common property.
5. This application must be accompanied by the disclosure statement (in duplicate) in the prescribed form.
6. Three copies of the building development plan must be lodged with this application.
7. Each copy of the building development plan must be signed by the Surveyor-General, a licensed surveyor and a valuer.
8. This application must be accompanied by a schedule of building lot entitlements prepared in accordance with the Unit Titles Regulations 2002.
9. This application must be accompanied by any necessary consents under the Unit
Titles Act 1975 in the prescribed form (Form 5).
10. The application must be accompanied by a development permit issued under section 53 of the Planning Act
1999 indicating:
(i) the consent of the relevant consent authority under that Act to the subdivision of the land in accordance with the building development proposal; and
(ii) that the determination to which it relates is conditional on the applicant's compliance with the terms of the disclosure statement.
11. On the Registrar-General registering a building development plan lodged under section 26ZU(1) of the Unit Titles
Act 1975:
the body corporate for the units becomes a building management corporation;
the units become building lots (that may be further subdivided in accordance with section 26ZV of the Unit Titles Act 1975; and
the management rules applying to building lots apply to the exclusion of any other management rules (except that decisions made before the conversion are taken to have been made under the management provisions applying to the building units).
12. Volume and Folio references must be given together with complete parcel description.
All the affected certificates as to title, if they have been issued, must be produced.
13. Insert Units Plan Number.
14. Insert full name.
15. Actual address at which it is intended that the Building Management Corporation receive notices and have its books should be stated. This is the address which will appear on the certificate as to title for the common property. Any applicable postal address should be quoted.
16. Insert full name and position or authority for signing on behalf of the Body Corporate.
The execution of this notice should conform with the formalities under section 30A(2) of the Unit
Titles Act 1975 relating to the affixing of the common seal.
17. This document must be witnessed by a commissioner for oaths, a member of the Legislative
Assembly, a legal practitioner, a person holding office under the
Supreme Court Act
1979,
the Justices of the Peace Act 1991,
the Local
Court Act 2015 or the Registration Act
1927,
a member of the
Police Force, a person licensed as a conveyancing agent or real estate agent under the Agents
Licensing Act 1979,
a Notary Public or any other person approved by the Registrar-General.
A witness to an instrument executed by an individual must first:
take reasonable steps to ensure that the individual is the person entitled to sign the instrument;
have the individual execute the document in the presence of the witness; and
not be a party to the instrument.
After signing, witnesses must legibly write, type or stamp their names and contact address or telephone number below their signature.
For a corporation, an instrument must be executed in a way permitted by law or sealed with the corporation's seal in accordance with the Law of Property Act 2000, section 48.
For witnessing of instruments executed outside the Northern Territory refer to the Real
Property (Unit Titles) Regulations 1987.
FORM 5
regulation
23
NORTHERN TERRITORY OF
AUSTRALIA
CONSENT
TO AN APPLICATION
TO
CONVERT UNITS INTO A
BUILDING
DEVELOPMENT PLAN
The person described below having the interests as described in the land referred to below consents to: (a) the registration of the application to convert units into a building development plan; (b) the schedule of lot entitlements; and (c) the issue of new certificates as to title for the lots referred to in the building development plan. |
(NOTES 1 & 2) |
Register |
Volume |
Folio |
Location |
Lot Description |
Plan |
Unit |
(NOTE 3) |
|
|
|
|
|
|
|
|
FULL NAME OF PERSON(S) GIVING CONSENT |
|
(NOTE 4) |
TYPE OF INSTRUMENT
|
|
(NOTE 5) |
INSTRUMENT NUMBER
|
|
(NOTE 6) |
UNIT PLAN NUMBER |
………………./………………… |
(NOTE 7) |
………………………………………………….…... Signed by the person giving consent On (Date) …………………………………………... In the presence of:
………………………………………………… Witness ………………………………………………… …………………………………………………
|
………………………………………………. Signed by the person giving consent On (Date) …………………………………… In the presence of:
……………………………………………… Witness ……………………………………………… ………………………………………………
|
(NOTE 8) |
SCHEDULE
OF NOTES
1. This form is to be used by the proprietor of a registered interest to give notice of consent for the application to convert units into a building development plan.
2. This form may be lodged as an original only and must be typed or completed in biro. Alterations to information entered on the form should be crossed out (not erased or obliterated by painting over) and initialled by the parties.
3. Volume and Folio references must be given together with complete parcel description. If the certificate as to title has been issued it must be produced.
4. Insert full name of the person(s), being the proprietors of a registered interest, giving the consent.
5. Insert the dealing type, i.e. Mortgage or Lease.
6. Insert Land Titles Office instrument number.
7. Insert the existing Units
Plan Number.
8. This document must be witnessed by a commissioner for oaths, a member of the Legislative
Assembly, a legal practitioner, a person holding office under the
Supreme Court Act
1979,
the Justices of the Peace Act 1991,
the Local
Court Act 2015 or the Registration Act
1927,
a member of the
Police Force, a person licensed as a conveyancing agent or real estate agent under the Agents
Licensing Act 1979,
a Notary Public or any other person approved by the Registrar-General.
A witness to an instrument executed by an individual must first:
take reasonable steps to ensure that the individual is the person entitled to sign the instrument;
have the individual execute the document in the presence of the witness; and
not be a party to the instrument.
After signing, witnesses must legibly write, type or stamp their names and contact address or telephone number below their signature.
For a corporation, an instrument must be executed in a way permitted by law or sealed with the corporation's seal in accordance with the Law of Property Act 2000, section 48.
For witnessing of instruments executed outside the Northern Territory refer to the Real
Property (Unit Titles) Regulations 1987.
FORM 6
regulation
26
NORTHERN TERRITORY OF
AUSTRALIA
C |
N |
No: |
LODGED AT THE
REGISTRAR-GENERAL'S OFFICE
ON ……………………….. AT
…………………………………..
BY ……………………….. CORRECTION
TO …………………
FEE ……………………… RECEIPT
……………………………
NOTICE OF CHANGE OF
NAME OF BODY CORPORATE
UNDER BUILDING DEVELOPMENT PLAN
The corporation in respect of the building development plan specified below, for the land described below, applies to have a change of name recorded in the Register. |
(NOTES 1 & 2) |
BUILDING DEVELOPMENT PLAN NUMBER |
|
(NOTE 3) |
Register |
Volume |
Folio |
Location |
Lot Description |
Plan |
Unit/ |
(NOTE 4) |
|
|
|
|
|
|
|
|
|
|
NAME ON REGISTER TO BE CHANGED |
|
(NOTE 5) |
||||||
NEW NAME
|
|
(NOTE 6) |
The COMMON SEAL OF THE PROPRIETORS – BUILDING DEVELOPMENT PLAN NO. ………./………… has been affixed hereto. On (Date) ……..………………………………… Signed by …………………………………………………… Authority………………………………………… ……………………………………………………
|
Affix Seal here: |
(NOTES 7 & 8) |
Registered on ………….…..….
At …………...…………..
SCHEDULE
OF NOTES
1. This form is used for notice of change of name of a body corporate under a building development plan.
2. This form may be lodged as an original only and must be typed or completed in biro. Alterations to information entered on the form should be crossed out (not erased or obliterated by painting over) and initialled by the parties.
3. Insert the building development plan number.
4. Volume and Folio references must be given together with complete parcel description. All the affected certificates as to title, if they have been issued, must be produced.
5. Insert the name on the register to be changed.
6. Insert the new name. The name change must include the words 'Building Management Corporation' and must be registered with the Registrar-General under section 28 of the Unit Titles Act
1975.
7. Insert full name and position or authority for signing on behalf of the Body Corporate.
The execution of this notice should conform with the formalities under section 30A(2) of the Unit
Titles Act 1975 relating to the affixing of the common seal.
8. This document must be witnessed by a commissioner for oaths, a member of the Legislative
Assembly, a legal practitioner, a person holding office under the
Supreme Court Act
1979,
the Justices of the Peace Act 1991,
the Local
Court Act 2015 or the Registration Act
1927,
a member of the
Police Force, a person licensed as a conveyancing agent or real estate agent under the Agents
Licensing Act 1979,
a Notary Public or any other person approved by the Registrar-General.
A witness to an instrument executed by an individual must first:
take reasonable steps to ensure that the individual is the person entitled to sign the instrument;
have the individual execute the document in the presence of the witness; and
not be a party to the instrument.
After signing, witnesses must legibly write, type or stamp their names and contact address or telephone number below their signature.
For a corporation, an instrument must be executed in a way permitted by law or sealed with the corporation's seal in accordance with the Law of Property Act 2000, section 48.
For witnessing of instruments executed outside the Northern Territory refer to the Real
Property (Unit Titles) Regulations 1987.
FORM 10
regulation
28
NORTHERN TERRITORY OF
AUSTRALIA
GENERAL
CONSENT
FORM
The person described below having the interests as described in the land referred to below consents to: |
(NOTES 1 & 2) |
ACTION OR DEALING BEING CONSENTED TO
|
|
(NOTE 3) |
Register |
Volume |
Folio |
Location |
Lot Description |
Plan |
Unit |
(NOTE 4) |
|
|
|
|
|
|
|
|
FULL NAME OF PERSON(S) GIVING CONSENT |
|
(NOTE 5) |
TYPE OF INSTRUMENT
|
|
(NOTE 6) |
INSTRUMENT NUMBER
|
|
(NOTE 7) |
UNITS PLAN NUMBER (if applicable)
|
Existing Units Plan Number ………..…./……..…….
|
(NOTE 8) |
…………………………………………………... Signed by the person giving consent On (Date) ……………………………………… In the presence of:
………………………………………………… Witness ………………………………………………… …………………………………………………
|
…………………………………………………... Signed by the person giving consent On (Date) ……………………………………… In the presence of:
………………………………………………… Witness ………………………………………………… …………………………………………………
|
(NOTE 9) |
SCHEDULE
OF NOTES
1. This form is to be used by the proprietor of a registered interest to give notice of consent to actions or dealing in land in respect of which no specific consent form has been prescribed.
2. This form may be lodged as an original only and must be typed or completed in biro. Alterations to information entered on the form should be crossed out (not erased or obliterated by painting over) and initialled by the parties.
3. Insert a description of the action or dealing being consent to.
4. Volume and Folio references must be given together with complete parcel description. If the certificate as to title has been issued it must be produced.
5. Insert full name of the person(s), being the proprietors of a registered interest, giving the consent.
6. Insert dealing type, i.e.
Mortgage or Lease.
7. Insert Land Titles Office instrument number.
8. Insert the existing units plan number if applicable.
9. This document must be witnessed by a commissioner for oaths, a member of the Legislative
Assembly, a legal practitioner, a person holding office under the
Supreme Court Act
1979,
the Justices of the Peace Act 1991,
the Local
Court Act 2015 or the Registration Act
1927,
a member of the
Police Force, a person licensed as a conveyancing agent or real estate agent under the Agents
Licensing Act 1979,
a Notary Public or any other person approved by the Registrar-General.
A witness to an instrument executed by an individual must first:
take reasonable steps to ensure that the individual is the person entitled to sign the instrument;
have the individual execute the document in the presence of the witness; and
not be a party to the instrument.
After signing, witnesses must legibly write, type or stamp their names and contact address or telephone number below their signature.
For a corporation, an instrument must be executed in a way permitted by law or sealed with the corporation's seal in accordance with the Law of Property Act 2000, section 48.
For witnessing of instruments executed outside the Northern Territory refer to the Real
Property (Unit Titles) Regulations 1987.
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