Approval required for some dealings as to land not dealt with as lot or lots
136 Approval required for some dealings as to land not dealt with as lot or lots
Subject to sections 139 and 140 a person is not to —
lease or grant a licence to use or occupy land for any term exceeding 20 years, including any option to extend or renew the term or period; or
lease and grant a licence to use or occupy land for terms in the aggregate exceeding 20 years, including any option to renew or extend the terms or periods; or
sell or agree to sell land; or
grant any option of purchase of land,
without the approval of the Commission unless the land is dealt with by way of such lease, licence, agreement or option of purchase as a lot or lots.
A person who contravenes subsection (1) commits an offence.
Subsection (1) applies to land comprised of common property or a lot in a community titles scheme and a reference in that subsection to a lot includes a reference to a lot in a community titles scheme.
However, subsection (1) does not apply to the sale of common property or part of a lot, an agreement to sell common property or part of a lot or the grant of an option of purchase of common property or part of a lot if the transaction is associated with a subdivision by registration of an amendment of a community titles scheme.
Words in subsections (2A) and (2B) have the meanings given in the Community Titles Act 2018 section 3(1) (and references to those words in sections 139 and 140 are to be read accordingly).
Subsection (1) applies to land comprised of common property or a lot in a strata titles scheme and a reference in that subsection to a lot includes a reference to a lot in a strata titles scheme.
However, subsection (1) does not apply to the sale of common property or part of a lot, an agreement to sell common property or part of a lot or the grant of an option of purchase of common property or part of a lot if the transaction is associated with a subdivision by registration of an amendment of a strata titles scheme.
Words in subsections (2D) and (2E) have the meanings given in the Strata Titles Act 1985 section 3(1) (and references to those words in sections 139 and 140 are to be read accordingly).
[(3A) deleted]
In this section —
land, in relation to the leasing or the granting of a licence to use or occupy or, where applicable, the leasing and the granting of such a licence, does not include the whole or a portion of a building if —
the building was constructed in accordance with a building licence granted by a local government under section 374 of the Local Government (Miscellaneous Provisions) Act 1960 (deleted by the Building Act 2011 section 153(2)) or a building permit granted under the Building Act 2011, or a building permit, occupancy permit or building approval certificate is in effect under the Building Act 2011 in respect of the building; and
subject to subsection (4), the leasing or the granting of a licence does not relate to any land other than that building or portion;
licence to use or occupy does not include an easement.
A reference in the definition of land in subsection (3) to the whole or a portion of a building includes a reference to any area outside that whole or portion, which area is —
the subject of the same lease or licence to use or occupy as that whole or portion or of a lease or licence to use or occupy entered into or granted by the lessor of, or grantor of a licence to use or occupy, that whole or portion; and
used for the purpose of ingress to or egress from that whole or portion, advertising, parking vehicles, storing goods, loading or unloading goods or passengers or for any other purpose necessary or desirable for the convenient occupation of that whole or portion.
[Section 136 amended: No. 28 of 2010 s. 62; No. 24 of 2011 s. 168(5); No. 30 of 2018 s. 162; No. 32 of 2018 s. 223.]
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