Building Units and Group Titles Act 1980

This Act may be cited as the Building Units and Group Titles Act 1980.

s 2 om 22 November 1995 RA s 37

s 3 amd 1988 No. 23 s 4

om 22 November 1995 RA s 36

s 4 om 22 November 1995 RA s 40

On and from the commencement of chapter 8, part 1 of the BCCM Act, this Act applies only for—

the operation of a specified Act; and

the registration of a future 1980 Act plan under the transitional provisions of the BCCM Act; and

any other matter under the transitional provisions of the BCCM Act required to be effected under this Act.

For anything not mentioned in subsection (1)(a), (b) or (c), the Acts Interpretation Act 1954, sections 19, 20 and 20A apply to this Act as if this Act had been repealed by the BCCM Act.

In this section—

BCCM Act means the Body Corporate and Community Management Act 1997.

specified Act means—

the Integrated Resort Development Act 1987; or

the Mixed Use Development Act 1993; or

the Registration of Plans (H.S.P. (Nominees) Pty. Limited) Enabling Act 1980; or

the Registration of Plans (Stage 2) (H.S.P. (Nominees) Pty. Limited) Enabling Act 1984; or

the Sanctuary Cove Resort Act 1985.

transitional provisions, of the BCCM Act, means the provisions of the BCCM Act, chapter 8, part 1.

This Act shall be read and construed with and as an amendment of the Land Title Act 1994.

However, that Act shall be read and construed subject to this Act and to the extent that this Act is inconsistent with that Act, this Act shall prevail.

In this Act and in all instruments purporting to be made or executed thereunder unless the contrary intention appears—

administrative fund means the fund established by a body corporate under section 38(1), and includes a fund established under the Building Units and Group Titles Act 1980, section 38(1)(l) prior to the repeal of that section by the Building Units and Group Titles Act Amendment Act 1988.

aggregate lot entitlement means the sum of the lot entitlements of all lots on a plan.

approved form means a form approved under section 133B.

associate, of a person, for part 4, see section 26A.

associated body corporate, for a body corporate, for part 4, division 2, see section 41A.

body corporate means a body corporate incorporated by section 27.

body corporate manager—

generally, means a person appointed under section 50 or 94 as a body corporate manager of a body corporate; and

for a body corporate incorporated under a specified Act, for part 4, division 2—see section 41A.

building, in relation to a building units plan, means the building or buildings shown on the plan each of which contains 2 or more lots or parts of lots and, where more than 1 building is shown on the plan, means any 1 or more of those buildings.

building units plan means a plan which—

is described in the title or heading thereto as a building units plan; and

shows the building comprised therein as being divided into lots; and

shows the common property comprised therein; and

complies with the requirements of section 9;

and includes a plan of resubdivision of a lot or common property or a lot and common property in a building units plan registered under this Act.

cadastral surveyor, for part 4, division 3, see section 48D.

and includes a plan of resubdivision of a lot or common property or a lot and common property in a group titles plan registered under this Act.

For the purpose of determining the number of proprietors pursuant to paragraph (a), each lot has 1 proprietor.

ceiling does not include a false ceiling.

chief executive (valuations)...

committee means the committee of a body corporate constituted under this Act.

common property means so much of a parcel as from time to time is not comprised in any lot.

company nominee, in relation to a corporation, means the individual (if any) for the time being authorised under section 52 by the corporation.

council...

Court means the Supreme Court.

Crown law officer...

development site, for a body corporate, for part 4, division 2, see section 41A.

electable person, for part 4, division 2, see section 41B.

group titles plan means a plan which—

is described in the title or heading thereto as a group titles plan; and

shows the land comprised therein as being divided into lots and common property; and

complies with the requirements of section 9;

individual nominee, in relation to a proprietor who is an individual, means an individual who is not a proprietor but is nominated for election to a committee by the proprietor.

land means land under the provisions of the Land Title Act 1994 held by the registered proprietor in fee simple.

law practice, for part 4, division 3, subdivision 2, see section 49C.

letting arrangement, for part 4, division 2, see section 41A.

local authority...

lot means a lot shown as such on a plan.

lot entitlement means the lot entitlement of a lot specified or apportioned in accordance with the provisions of section 10(5) or (6) or 19, as the case may be.

managing agent...

Minister...

mortgage includes a charge for securing money or money’s worth.

occupier, in relation to a lot, means a person in lawful occupation of that lot.

original plan means—

in relation to a plan of resubdivision—the registered plan containing the lots or common property the subject of the plan of resubdivision; or

in relation to a plan of amalgamation—the registered plan containing the lots the subject of the plan of amalgamation; or

in relation to a conversion of lots into common property—the registered plan containing those lots.

original proprietor means the person by whom a parcel the subject of a plan was held in fee simple at the time of registration of the plan, and includes any successor or assignee of that person, but does not include a bona fide purchaser for value of a lot or any successor or assignee of that purchaser.

parcel means the land comprised in a plan.

plan means a building units plan or a group titles plan.

planning scheme means a planning scheme under the Local Government (Planning and Environment) Act 1990.

Editor’s note—

Local Government (Planning and Environment) Act 1990—see the Acts Interpretation Act 1954, section 14H and the Integrated Planning Act 1997.

prescribed arrangement means any agreement or arrangement (including an arrangement set out in the by-laws in respect of the plan) between—

in the case of a registered lot—the body corporate or the original proprietor and any other person; or

in the case of a proposed lot—the original proprietor and any other person;

being an agreement or arrangement—

by instrument in writing appointing, pursuant to section 50, a body corporate manager; or

for the carrying out of any of the duties of the body corporate under section 37(1)(a), (b) or (c); or

entered into pursuant to section 37(2)(a), (b), (c), (d) or (e) or section 38C; or

for the protection of the parcel or any part thereof or of the security of the occupants of the lots; or

for the conduct of a business upon the parcel (whether upon a lot or the common property) of letting of lots on behalf of any proprietors of lots; or

under which the rights of the proprietor of a lot are or are likely to be affected to a material extent.

prescribed trust account, for part 4, division 3, subdivision 2, see section 49C.

proprietor means the person for the time being registered or entitled to immediate registration under the Land Title Act 1994 as the proprietor of a lot.

public trustee means the public trustee within the meaning of the Public Trustee Act 1978.

qualified auditor means—

a person registered as an auditor under the Corporations Act; or

a member of CPA Australia who is entitled to use the letters ‘CPA’ or ‘FCPA’; or

a member of The Institute of Chartered Accountants in Australia who is entitled to use the letters ‘CA’ or ‘FCA’; or

a member of the Institute of Public Accountants who is entitled to use the letters ‘MIPA’ or ‘FIPA’.

real estate agent, for part 4, division 3, subdivision 2, see section 49C.

Real Property Acts...

recognised entity, for part 4, division 3, subdivision 2, see section 49C.

referee means a referee appointed under section 69.

registered plan means a plan as amended from time to time registered under this Act.

registrar of titles means the registrar of titles under the Land Title Act 1994.

relevant body corporate debt, for part 4, division 2, see section 41A.

resolution without dissent means a resolution which is passed at a duly convened general meeting of a body corporate and against which no vote is cast.

roll means the roll referred to in section 39 that relates to a plan or to a plan that has been extinguished.

service arrangement, for part 4, division 2, see section 41A.

service obligation means a service obligation created or implied by section 17 or 18.

service right means a service right created or implied by section 17 or 18.

sinking fund means the fund established by a body corporate under section 38(4), and includes a fund established under the Building Units and Group Titles Act 1980, section 38(1)(m) prior to the repeal of that section by the Building Units and Group Titles Act Amendment Act 1988.

special resolution means a resolution which is passed at a duly convened general meeting of a body corporate by the proprietors where the proprietors who vote against the motion proposed as a special resolution do not together—

constitute more than 25% of the total number of proprietors; and

hold more than 25% of the aggregate lot entitlement.

specified Act see section 5A(3).

titles registry fee, for a matter mentioned in a provision of this Act, means the fee payable for the matter under section 133C.

titles registry function see the Queensland Future Fund (Titles Registry) Act 2021, section 5.

town planning scheme...

tribunal means a tribunal constituted under section 96.

unanimous resolution means a resolution which is unanimously passed at a duly convened general meeting of a body corporate at which all persons entitled to exercise the powers of voting conferred by or under this Act are present personally or by proxy or vote in writing at the time of the motion.

voting member, of a committee, means a member of the committee who is entitled to vote at meetings of the committee.

wall includes door, window or other structure dividing a lot from common property or from another lot.

A reference in this Act to a resubdivision of a lot or common property or of a lot and common property is a reference to the alteration of the boundaries of—

1 or more lots so as to create only 2 or more different lots; or

1 or more lots so as to create 1 or more different lots and common property; or

1 or more lots and common property so as to create 1 or more different lots or 1 or more different lots and common property; or

common property so as to create 1 or more lots;

but does not include a reference to the amalgamation of 2 or more lots into 1 lot or the conversion of 1 or more lots into common property.

In this Act, a reference to the Local Government (Planning and Environment) Act 1990 includes a reference to a planning scheme.

Editor’s note—

Local Government (Planning and Environment) Act 1990—see the Acts Interpretation Act 1954, section 14H and the Integrated Planning Act 1997.

Land may be subdivided into lots and common property by the registration of a plan in the manner provided by or under this Act.

A lot may consist of separate parts.

When a plan has been registered—

each lot comprised therein may devolve or be transferred, leased, mortgaged or otherwise dealt with; and

subject to the approval of the local government to the lease, a lease of part of a lot and, in the case of a group titles plan, of part of any improvements on a lot may be registered;

in the same manner and form as any other land held under the provisions of the Land Title Act 1994.

Easements to or over lots may be registered.

Upon the recording of particulars of the plan in the register the plan shall for the purposes of the Land Title Act 1994 be deemed upon registration to be embodied in the register; and notwithstanding the provisions of that Act, a proprietor shall hold the proprietor’s lot and the proprietor’s share in the common property subject to any interests affecting the same for the time being notified on the registered plan and subject to any amendments to lots or common property shown on that plan.

Upon registration of a plan the registrar of titles shall thereafter be authorised to issue a separate certificate of title for each lot showing that the proprietor holds the share of the common property appurtenant thereto in accordance with the lot entitlement set forth in the plan.

A building units plan shall—

delineate the external surface boundaries of the parcel and the location of the building in relation thereto;

bear a statement containing such particulars as may be necessary to identify the title to such parcel;

include a drawing illustrating the lots and distinguishing such lots by numbers;

define the boundaries of each lot in the building by reference to floors, walls, ceilings and, in the case where a boundary may be defined by reference to a permanent structure or permanent structures of the building, each such structure;

However, it shall not be necessary to show any bearing or dimensions of a lot;

show the approximate floor area of each lot;

have endorsed upon it a schedule complying with the provisions of section 19;

have endorsed upon it the name of the building;

have endorsed upon it the address at which documents may be served on the body corporate in accordance with section 127;

contain such other features as may be prescribed.

A group titles plan shall—

delineate the external surface boundaries of the parcel and the location of each lot and the common property in relation thereto;

bear a statement containing such particulars as may be necessary to identify the title to such parcel;

delineate the lots and distinguish such lots by numbers;

delineate the common property;

show the area of each lot and of the common property;

have endorsed upon it a schedule complying with the provisions of section 19;

have endorsed upon it the name of the parcel;

have endorsed upon it the address at which documents may be served on the body corporate in accordance with section 127;

be in the approved form;

contain such other matters, and be of such standard of accuracy, as may be prescribed.

Save with the consent of the Minister a plan shall not be registered if the name of the building or the name of the parcel, as the case may be, endorsed thereon, in the opinion of the registrar of titles, is undesirable.

A plan shall not be registered if the name of the building or the name of the parcel, as the case may be, endorsed thereon is currently endorsed on—

a registered leasehold building units plan under the South Bank Corporation Act 1989; and

a registered building units plan;

or is reserved pursuant to—

section 120 of this Act; or

the South Bank Corporation Act 1989, schedule 4, section 120.

A body corporate may, by resolution without dissent and with the consent of the registrar of titles, change the name of the building or the parcel, as the case may be, endorsed upon the plan to a name with which the plan could be registered without contravention of subsection (3) or (3A).

In a building units plan, the common boundary of any lot with another lot or with common property shall be the centre of the wall, floor or ceiling, as the case may be.

Notwithstanding subsections (5) and (5B), a balcony, courtyard, roof garden or other area (being part of a building) which is not bounded wholly by walls or a ceiling or walls and a ceiling may and, it is hereby declared, always could from the commencement of the Building Units and Group Titles Act 1980 be included as part of a lot shown on a building units plan.

Provided that the balcony, courtyard, roof garden or other area shall be contiguous to a part of the lot the boundary of which part if it, by itself, were a lot would be the centre of walls, floor and ceiling.

Where, pursuant to subsection (5A), a balcony, courtyard, roof garden or other area of a building is included as part of a lot shown on a building units plan—

that part of the boundary of the lot that is not the centre of a wall and would, but for the operation of subsections (5A) and (5B), be required to be the centre of a wall shall be the vertical plane from the upper boundary of the lot to the floor along the line described connecting the centres of the permanent vertical structures of the building approved for that purpose by the registrar of titles (which may include part of a wall) on that boundary, with the centres of the walls that form part of the boundary of the lot;

that part of the boundary of the lot that is not the centre of a ceiling and would, but for subsections (5A) and (5B), be required to be the centre of a ceiling shall be the horizontal plane from the edge of the existing ceiling to the vertical boundary of the lot over which that ceiling does not extend at the level or levels of the walls and, where paragraph (a) applies, the permanent vertical structures to that part, such that, in any case, the plane is no higher than the boundary of the area of the lot that is the centre of a ceiling.

Every plan lodged for registration shall be endorsed with or be accompanied by a certificate of the local government that the proposed subdivision of the parcel as illustrated in the plan has been approved by the local government and that all the requirements of the Local Government (Planning and Environment) Act 1990 as modified by this Act have been complied with in regard to the subdivision.

Editor’s note—

Local Government (Planning and Environment) Act 1990—see the Acts Interpretation Act 1954, section 14H and the Integrated Planning Act 1997.

Every building units plan lodged for registration shall be endorsed with or be accompanied by certificates respectively—

of a cadastral surveyor within the meaning of the Surveyors Act 2003 that the building shown on the building units plan is within the external surface boundaries of the parcel the subject of the building units plan and, where a part of the building projects beyond such external boundaries, that an appropriate easement has been granted as an appurtenance of the parcel or, where that projection is over a road, that the local government has consented thereto pursuant to the local laws, as the case may be; and

of a cadastral surveyor within the meaning of the Surveyors Act 2003 containing the particulars prescribed; and

where the construction of the building shown on the building units plan was commenced after 1 February 1973, of an architect within the meaning of the Architects Act 2002 that the building has been substantially completed in accordance with plans and specifications approved by the local government or a designated officer of the local government or, where the building has not been constructed under the supervision of an architect, of a building surveyor (or where there is no building surveyor a building inspector) of the local government (which certificate a building surveyor or building inspector is hereby authorised to give unless otherwise directed by the local government) that the building has been substantially completed in accordance with plans and specifications approved by the local government or a designated officer of the local government.

No certificate given by a building surveyor or building inspector in good faith for the purposes of subsection (8)(b) shall subject the building surveyor or building inspector to any liability whatsoever in respect thereof and the proof of any allegation of the absence of good faith on the part of the building surveyor or building inspector shall be upon the person so alleging.

For the purposes of this section—

building surveyor and building inspector include, where there is no building surveyor or building inspector of the local government, the officer of the local government whose duties include the performance of duties usually undertaken by a building surveyor or building inspector of a local government.

Before registering a building units plan the registrar of titles may require proof to the registrar’s satisfaction by statutory declaration or otherwise of the time of commencement of construction of the building to which the plan relates.

Each group titles plan lodged for registration must be endorsed with or accompanied by a certificate—

approved under the Survey and Mapping Infrastructure Act 2003; and

given by a cadastral surveyor within the meaning of the Surveyors Act 2003; and

certifying that the plan is accurate.

Before registering a plan the registrar of titles may make or cause to be made such inspection of the parcel to which the plan relates as the registrar considers necessary.

Upon lodgement for registration of a plan the registrar of titles shall allot thereto a number.

Registration of a plan shall be effected by notifying under the seal of the registrar of titles on the plan the fact and date of such registration.

Every building units plan, group titles plan, building units plan of resubdivision or amalgamation, group titles plan of resubdivision or amalgamation or notice of conversion lodged for registration shall be accompanied by the relevant titles registry fees (including the fee mentioned in section 14).

Lots or common property or lots and common property may be resubdivided, with the approval of the local government, by the registration of a plan relating to the lots or common property or lots and common property so resubdivided in the manner provided by this Act for the registration of plans.

However, lots or common property or lots and common property contained in a group titles plan may only be resubdivided by a group titles plan of resubdivision.

In addition, where a resubdivision affects common property or creates additional common property the approval of the body corporate by resolution without dissent is required.

The provisions of this Act relating to plans and to appeals from any decision of a local government or failure of a local government to make a decision shall with such modifications as may be necessary apply to resubdivision.

Notwithstanding the provisions of section 27 proprietors of lots in a building units plan of resubdivision or group titles plan of resubdivision shall not be a body corporate, but shall, upon the date of registration of such plan of resubdivision be members of the body corporate constituted in respect of the original plan.

On registration of a building units plan of resubdivision or group titles plan of resubdivision, lots comprised therein shall be subject to the burden and have the benefit of any easements, service rights and service obligations affecting such lots in the original plan as are included in the plan of resubdivision.

Where the resubdivision is of 1 or more lots so as to create only 2 or more different lots the schedule endorsed on the building units plan of resubdivision or group titles plan of resubdivision as required by section 19 shall apportion among the lots the lot entitlement of such lot or lots in the original plan as are included in the plan of resubdivision and the registrar when registering that plan shall amend the schedule to the original plan to show the lot entitlement of each lot and each proposed lot and the aggregate lot entitlement as whole numbers.

Where the resubdivision affects common property or creates additional common property the schedule endorsed on the building units plan of resubdivision or group titles plan of resubdivision as required by section 19 shall—

show as a whole number, in respect of—

each lot comprised in the parcel other than any lot or lots the subject of the proposed resubdivision; and

each proposed lot;

the proposed lot entitlement of that lot or proposed lot and show the proposed aggregate lot entitlement; and

be accompanied by a certificate under the seal of the body corporate concerned certifying that it has by resolution without dissent agreed to each proposed lot entitlement and the proposed aggregate lot entitlement shown in that schedule.

A resubdivision that creates additional common property shall not be registered unless every mortgage, current lease, caveat or other interest recorded on the certificate of title in respect of each lot from which the additional common property or part thereof is derived has been discharged, surrendered, withdrawn or otherwise disposed of in so far as it affects that additional common property or part thereof.

When registering a building units plan of resubdivision or group titles plan of resubdivision the registrar of titles shall amend the original plan in the manner prescribed.

Upon registration of a building units plan of resubdivision or group titles plan of resubdivision land therein shall not be dealt with by reference to lots in the original plan.

Two or more lots may be amalgamated into 1 lot with the approval of the local government by the registration of a building units plan of amalgamation or group titles plan of amalgamation.

The lot entitlement of a lot created by the amalgamation of 2 or more lots shall be the sum of the lot entitlements of those lots.

When registering a building units plan of amalgamation or group titles plan of amalgamation the registrar of titles shall amend the original plan and the schedule of lot entitlements endorsed thereon in the manner prescribed.

One or more lots may be converted into common property with the approval of the local government by registering with the land registry, as a notice of conversion, a notice executed by the proprietor or proprietors of that lot or those lots and approved by the body corporate by unanimous resolution.

The provisions of this Act relating to plans and to appeals from any decision of a local government or failure of a local government to make a decision shall with such modifications as may be necessary apply to conversions of lots into common property.

A notice of conversion shall not be registered unless every mortgage, current lease, caveat or other interest recorded on each certificate of title has in so far as it affects the lot or lots to which the notice relates been discharged, surrendered, withdrawn or otherwise disposed of, as the case may be.

When registering a notice of conversion the registrar of titles shall—

amend the original plan in the manner prescribed; and

amend the schedule of lot entitlements endorsed upon the original plan in accordance with the schedule complying with the provisions of section 19 lodged with the notice; and

cancel the certificate of title for each lot converted into common property.