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These Regulations may be cited as the Unit Titles
Regulations 2002.
The provisions of these Regulations commence on the date, or respective dates, fixed by the Minister by notice in the Gazette.
In these Regulations, a reference to a form by number is a reference to the form so numbered in Schedule 4.
(1) An application under section 21FA of the Act (including an application under that section as applied by section 26P of the Act) to change land comprised in a parcel by adding land to, or removing land from, the parcel is to be in Form 1.
The application is to be accompanied by the following:
(a) a plan of the units or lots and the common property as they will be after the addition or removal;
(b) a schedule of the unit entitlements or lots as they will be after the addition or removal;
(c) a development permit under section 53 of the Planning Act 1999 indicating the consent of the relevant consent authority under that Act to the proposed change.
If a change in land of a kind referred to in section 21FA(4) of the
Act is registered, the Registrar-General must advise the relevant local government council of the change.
(1) If a change in land of a kind referred to in section 21FA(4) of the Act is registered, subject to an agreement between the parties (if any), the corporation must review contributions payable under section 36 of the Act and (if necessary) adjust:
(a) the total contributions to take account of additional or reduced obligations of the corporation; and
(b) the contributions in respect of units to reflect relative unit entitlements as they exist after the change.
(2) Subject to an agreement between the parties (if any), the adjustment takes effect on registration of the change.
In this regulation:
parties, in relation to a change in land in a parcel, means persons who had estates or interests in the parcel before the change and persons who have estates or interests in the parcel after the change.
The prescribed warning under section 26C(1) of the Act is to be in the following form:
"Warning: This statement contains details of a unit scheme which is proposed to be developed in [insert number of stages] stages on the land described within.
Persons interested are advised that the proposed scheme may be varied and may not be completed. However, any departure from the proposals outlined in the statement will attract the provisions of Part IVA of the Unit Titles Act 1975.
This statement should not be considered alone but in conjunction with the results of the searches and inquiries normally made in respect of a unit in a unit scheme.".
The warning is to be typed or printed in letters of a size not less than 8 points and so as to be clearly legible.
An application under section 26ZI of the Act to register a building development plan is to be in Form 2.
A building development plan lodged under section 26ZI of the Act is to be a survey plan prepared in accordance with the Licensed
Surveyors Act 1983 and is to:
show, in accordance with the Licensed Surveyors Act 1983 and the practice directions under that Act, the boundaries of the
Building Development Parcel proposed to be subdivided and the position of all buildings on the Building Development Parcel relative to the boundaries of that Parcel and to the boundaries of each building lot on that Parcel;
define the boundaries of the building lots and the common property under the proposed subdivision in accordance with section
26ZG of the Act and to the satisfaction of the Surveyor-General for the Territory; and
include a schedule of building lot entitlements in accordance with regulation 15.
A disclosure statement under section 26ZI(3)(a) of the Act is to be in a form approved by the Registrar-General and is to be in accordance with this regulation.
On the first page of the disclosure statement there is to be typed or printed, in a size of not less than 8 points and so as to be clearly legible, the warning specified in Schedule 2, Part A and no other information other than the title of the building development.
In addition, the disclosure statement is to consist of the following:
details of the buildings proposed to be erected, altered or added to, including a copy of the relevant plans and specifications;
a statement of the commencement and completion dates of the building development or a schedule of commencement and completion dates for each proposed stage of the building development (as applicable);
a statement of any special rights or privileges in relation to the common property proposed to adhere to each lot;
statements about the matters set out in Schedule 2, Part C to the effect set out in that Part.
(1) A schedule of building lot entitlements is to be prepared and certified by a valuer.
The schedule is to set out:
(a) for each building lot – the building lot entitlement for that lot; and
the aggregate building lot entitlement for all the lots.
(3) The building lot entitlement for a building lot is a whole number that represents, as nearly as practicable, the proportion that the value of the lot bears to the aggregate value of all the lots, where the value of each lot is established by reference to its unimproved capital value at the date of certification by the valuer.
(1) If a disclosure statement under section 26ZI(3) of the Act does not contain a mechanism for resolving disputes, the disclosure statement is taken to contain the model dispute resolution procedure set out in Schedule 5.
(2) If, under a mechanism for resolving disputes contained or taken to be contained in a disclosure statement, the arbitrator, mediator or conciliator (however described) in the dispute may make an order to give effect to an outcome of the dispute, the following provisions apply:
the order may be enforced as if it were an order of the Tribunal;
(b) if the order requires a document to be signed by a party to the dispute and then registered, unless a court otherwise orders:
(i) the order may be lodged for registration instead of the signed document; and
(ii) the Registrar-General must register the order lodged as if it were the signed document.