Community Titles Act 2018

Lots in a community titles scheme are defined on the scheme plan for the community titles scheme.

A lot can be comprised of non‑contiguous parts shown on the scheme plan for the community titles scheme.

Lots may be defined on the scheme plan for a community titles scheme in either of the following ways —

as lots with defined upper and lower boundaries as well as lateral boundaries, with at least part of each lot defined by reference to a building shown on the scheme plan (a scheme building);

as lots defined by reference to an area of land, regardless of whether or not there are buildings on the land.

For a lot defined by reference to a scheme building —

if a boundary is defined by reference to a wall — the reference is to the inner surface of the wall; and

if a boundary is defined by reference to a floor — the reference is to the upper surface of the floor; and

if a boundary is defined by reference to a ceiling — the reference is to the under surface of the ceiling; and

the lot does not include the following —

space occupied by a vertical structural member, not being a wall, of a building;

utility conduits except conduits that are for the exclusive use or enjoyment of the lot;

space enclosed by a structure enclosing utility conduits except such a structure enclosing conduits that are for the exclusive use and enjoyment of the lot.

However —

subject to paragraph (b), subsection (4) does not apply if a lot is expressly defined in a contrary manner on a scheme plan; and

if any part of a lot defined by reference to a scheme building is above or below any part of another lot defined by reference to the scheme building, subsection (4) cannot be excluded.

A lot defined by reference to an area of land may include upper and lower boundaries as well as lateral boundaries, provided the land above or below the lot (as the case requires) is common property.

A community titles scheme in which lots are defined as set out in subsection (3)(a) is a community titles (building) scheme.

A community titles scheme in which lots are defined as set out in subsection (3)(b) is a community titles (land) scheme.

All lots and parts of lots in a community titles scheme must be defined in the same way, that is, the way described in subsection (3)(a) or the way described in subsection (3)(b).

A lot in a community titles (building) scheme cannot be subdivided by a community titles scheme that is a community titles (land) scheme.

A tier 1 lot or tier 2 lot in a community titles (land) scheme can be subdivided by a community titles scheme that is either a community titles (building) scheme or a community titles (land) scheme.

A change in the definition of a lot in a community titles scheme does not, of itself, affect any item registered or recorded for the scheme in the Register (even if the lot is assigned a new identifying number).

Damage to, or destruction or removal of a wall, floor, ceiling or other structural element by reference to which a lot in a community titles (building) scheme is defined does not of itself affect the definition of the boundaries of the lot (which remain as defined on the scheme plan).

If a scheme plan identifies an encroachment outside the tier parcel that is to be controlled and managed as part of a lot, the encroachment is to be regarded, for this Act, as if it were part of the lot.