Community Titles Act 2018

for a tier 1 scheme — the owner of the parcel to be subdivided by the scheme is the applicant for registration or has given written consent to the subdivision of the parcel by the scheme; and

for a tier 2 or tier 3 scheme — the owner of the lot that is to be subdivided by the scheme is the applicant for registration or has given written consent to the subdivision of the lot by the scheme; and

the holder of each type 1 interest, or type 2 interest, over the whole or a part of the parcel of land or lot to be subdivided by registration of the scheme —

has been given notice in the approved form of the subdivision and schedule of unit entitlements; and

has given written consent to the subdivision;

the scheme plan is approved by the Planning Commission; and

for a community titles (building) scheme, the scheme plan is accompanied by an occupancy permit or building approval certificate under the Building Act 2011 Part 4 Division 3 for each scheme building; and

if the scheme plan identifies an encroachment that is not on to a public road, street or way and is to be managed and controlled as if it were common property or part of a lot or lots, an appropriate easement has been granted and lodged with the Registrar of Titles.