OF NOTES
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) |
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