{"id":"termination-of-units-plans-and-unit-title-schemes-regulations-2014","name":"TERMINATION OF UNITS PLANS AND UNIT TITLE SCHEMES REGULATIONS 2014","slug":"termination-of-units-plans-and-unit-title-schemes-regulations-2014","collection":"regulation","jurisdiction":"nt","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":177173,"registerId":"nt-termination-of-units-plans-and-unit-title-schemes-regulations-2014-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"TERMINATION OF UNITS PLANS AND UNIT TITLE SCHEMES REGULATIONS 2014","content":"NORTHERN TERRITORY OF AUSTRALIA\nTERMINATION OF UNITS PLANS AND UNIT TITLE SCHEMES\nREGULATIONS 2014\nAs in force at 23 December 2015\nTable of provisions\n1 Citation ............................................................................................ 1\n2 Prescribed professional organisation............................................... 1\n3 Application fee ................................................................................. 1\n4 Additional documents ...................................................................... 1\n5 Fee for appointment of valuer .......................................................... 2\n6 Factor for Tribunal to take into account ........................................... 2\n7 Matters for Tribunal to consider ....................................................... 2\nENDNOTES\n\n\n\nNORTHERN TERRITORY OF AUSTRALIA\n____________________\nAs in force at 23 December 2015\n____________________\nTERMINATION OF UNITS PLANS AND UNIT TITLE SCHEMES\nREGULATIONS 2014\nRegulations under the Termination of Units Plans and Unit Title\nSchemes Act 2014\n1 Citation\nThese Regulations may be cited as the Termination of Units Plans\nand Unit Title Schemes Regulations 2014.\n2 Prescribed professional organisation\nThe Australian Valuers Institute Co-op Limited is the prescribed\nprofessional organisation for the definition of valuer in section 4(1)\nof the Act.\n3 Application fee\n(1) The fee prescribed for section 9(1) of the Act is 2 000 revenue\nunits.\n(2) The schemes supervisor may waive (wholly or partly) the fee.\n4 Additional documents\nThe following documents are prescribed for section 12(9)(a)(ii) of\nthe Act:\n(a) the resolution that was passed;\n(b) a document listing the names of the owners of the units and\nindicating how each owner voted on the resolution;\n(c) a document that proves service of the notice of proposed\ntermination on:\n(i) each owner of a unit in the development; and\n(ii) each mortgagee of a unit; and\n\nTermination of Units Plans and Unit Title Schemes Regulations 2014 2\n(iii) any other person who has a registered interest in the\ndevelopment.\n5 Fee for appointment of valuer\nThe fee prescribed for section 13(4)(a) of the Act is 200 revenue\nunits.\n6 Factor for Tribunal to take into account\nThe factor prescribed for section 17(1)(c) of the Act is whether the\nbody corporate for the development had, in the period before the\napplication for the order, been functional.\n7 Matters for Tribunal to consider\nThe matters prescribed for section 17(2)(e) of the Act are as\nfollows:\n(a) the extent to which the development could, if termination were\nnot ordered, be a functional neighbourhood;\n(b) if the Tribunal is considering an application mentioned in\nsection 15(b) of the Act – whether the proponent, before\nmaking the application under section 9(1) of the Act, made a\nreasonable proposal in relation to the development other than\nfor its termination;\n(c) if the proposed termination involves a sale of the development\nland – whether the proposed distribution of the proceeds is fair\nand reasonable;\n(d) the interests of other persons who have registered interests in\nthe development.\n\nENDNOTES\nTermination of Units Plans and Unit Title Schemes Regulations 2014 3\nENDNOTES\n1 KEY\nKey to abbreviations\namd = amended od = order\napp = appendix om = omitted\nbl = by-law pt = Part\nch = Chapter r = regulation/rule\ncl = clause rem = remainder\ndiv = Division renum = renumbered\nexp = expires/expired rep = repealed\nf = forms s = section\nGaz = Gazette sch = Schedule\nhdg = heading sdiv = Subdivision\nins = inserted SL = Subordinate Legislation\nlt = long title sub = substituted\nnc = not commenced\n2 LIST OF LEGISLATION\nTermination of Units Plans and Unit Title Schemes Regulations (SL No. 49, 2014)\nNotified 2 January 2015\nCommenced 2 January 2015\nTermination of Units Plans and Unit Title Schemes Amendment Regulations 2015\n(SL No. 34, 2015)\nNotified 23 December 2015\nCommenced 23 December 2015\n3 GENERAL AMENDMENTS\nGeneral amendments of a formal nature (which are not referred to in the table\nof amendments to this reprint) are made by the Interpretation Legislation\nAmendment Act 2018 (Act No. 22, 2018) to: r 1.\n4 LIST OF AMENDMENTS\nr 4 amd No. 34, 2015, r 3\nr 7 amd No. 34, 2015, r 4","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"These regulations are implementation-focused and do not expand the substantive reach of the underlying Act. They prescribe procedural details (which valuer organisation counts, fixed fees, documentary requirements, and matters the Tribunal must consider) to operationalise the Act. Amendments noted in the endnotes (2015) altered specific regulations (r 4 and r 7) but remained procedural in character; they refine what the Act already required the decision-maker to consider rather than adding new substantive powers or widening the class of persons affected."},"complexity_factors":["Short instrument: 7 substantive regulations (regs 1–7).","Direct cross-references to the Termination of Units Plans and Unit Title Schemes Act (multiple: ss 4(1), 9(1), 12(9)(a)(ii), 13(4)(a), 15(b), 17(1)(c), 17(2)(e)).","Limited number of defined-term dependencies (relies on definitions in the Act rather than defining many new terms).","Two fixed fee figures (2,000 and 200 revenue units) and one discretionary waiver power (reg 3(2)).","One prescribed professional organisation (reg 2) — concentrates an external reference rather than multiple definitions. ","Several evaluative decision criteria for the Tribunal (\"functional\", \"fair and reasonable\", \"reasonable proposal\") that introduce case-by-case judgment.","Prescribed documentary proof requirements (reg 4) that create evidentiary obligations and potential administration checks."],"plain_english_summary":"**What these regulations do (mechanical changes to the Act)**\n\n- They name the professional body whose members will be treated as valuers for the Act’s purposes: the Australian Valuers Institute Co-op Limited (reg 2).  This tells the Act which valuers are acceptable when a valuation is required.\n\n- They set two fixed monetary fees expressed in “revenue units”: an application fee of 2,000 revenue units for lodging an application under the Act (reg 3(1)), and a fee of 200 revenue units for the appointment of a valuer (reg 5).  The schemes supervisor can waive all or part of the application fee (reg 3(2)).  (A “revenue unit” is a monetary unit defined elsewhere in Northern Territory law.)\n\n- They prescribe specific documents that must accompany a termination application when the Act requires them: the passed resolution; a list of unit owners showing how each voted; and proof that the notice of proposed termination was served on each unit owner, each mortgagee, and any other person with a registered interest (reg 4).  Those documents are the documentary proof the Act requires before the process proceeds.\n\n- They prescribe one factor and several specific matters the Tribunal must take into account when considering whether to make an order terminating a unit plan or unit title scheme.  The factor to be considered is whether the body corporate had been functional in the period before the application (reg 6).  The matters for consideration include:\n  - how likely the development is to remain a functional neighbourhood if termination is not ordered (reg 7(a));\n  - where the Tribunal is considering an application of the kind in s15(b) of the Act, whether the proponent earlier made a reasonable non-termination proposal for the development (reg 7(b));\n  - where termination would involve sale of the land, whether the proposed distribution of sale proceeds is fair and reasonable (reg 7(c)); and\n  - the interests of other people with registered interests in the development (reg 7(d)).\n\n**Who it affects**\n\n- Proponents who apply to terminate a units plan or unit title scheme (they face the application fee and documentary requirements) (regs 3–5, 4).\n- Unit owners, mortgagees and other registered interest-holders (they must be given notice and documentary proof of service, and their interests are a named consideration for the Tribunal) (reg 4, reg 7(d)).\n- Valuers and valuing professionals (the regulations nominate one professional organisation for the Act’s definition of valuer) (reg 2).\n- The schemes supervisor (has discretion to waive the application fee) and the Tribunal (must apply the prescribed factor and matters when deciding an application) (regs 3(2), 6, 7).\n\n**Why it matters (official purpose, then practical effects and trade-offs)**\n\nOfficial purpose: the regulations are procedural and implementation-focused — they set who counts as a valuer, fix fees, list mandatory documents, and direct the Tribunal on factors to weigh when deciding termination applications.  In other words, they operationalise the Act’s termination process by specifying costs, documentary proof and decision criteria (regs 2–7).\n\nTesting that purpose against costs, incentives and implementation risks:\n\n- Who pays: the immediate financial burden of the application rests with the applicant (payment of the 2,000 revenue unit application fee and the 200 revenue unit fee tied to valuer appointment). The schemes supervisor can waive the application fee entirely or partly (reg 3). If a sale of the land occurs, distribution of proceeds is a Tribunal consideration (reg 7(c)), but the regulations do not themselves set costs or entitlements for distribution.\n\n- Administrative and compliance burden: applicants must lodge specific proof documents (resolution, owner voting list, and proof of service on owners, mortgagees and other registered interest-holders) (reg 4). That creates a clear evidentiary burden on applicants and a verification task for the schemes supervisor and Tribunal.\n\n- Effects on professional markets and competition: nominating the Australian Valuers Institute Co-op Limited as the prescribed professional organisation (reg 2) channels the Act’s valuation work to valuers recognised by that body. That focuses demand for Act-related valuations on its members; it is a supplier choice that reduces ambiguity about acceptable valuers but may concentrate demand and limit alternative professional recognition unless the Act or other rules allow other qualifications.\n\n- Decision-making discretion and predictability: the Tribunal must take into account the specified factor and matters (regs 6–7). Some of these—such as whether a body corporate had been \"functional\" or whether a distribution is “fair and reasonable”—are inherently evaluative and may produce variable outcomes case by case. That creates ordinary judicial/administrative discretion and some predictability limits for parties.\n\n- Incentives for proponents and alternatives: reg 7(b) requires the Tribunal to consider whether, before applying for termination, the proponent had put forward a reasonable alternative proposal for the development other than termination. This creates an incentive for proponents to explore and document redevelopment or reorganisation alternatives before pursuing termination, since failure to have made reasonable alternative proposals is a point the Tribunal will consider.\n\n- Distribution of benefits and costs: the regulations formalise procedures that concentrate immediate administrative costs on applicants while creating consequences for a broader set of stakeholders (owners, mortgagees, registered interest-holders). Benefits from successful terminations (for example, a land sale or redevelopment) may be concentrated among proponents, purchasers or particular owners; the regulations add a safeguard by making proposed distributions and other interests a Tribunal matter (reg 7(c)–(d)).\n\n- Implementation risk and enforcement: the schemes supervisor’s power to waive fees (reg 3(2)) imports administrative discretion; consistent application of waivers will be an implementation detail that affects access to the termination process. The requirement for proof of service (reg 4(c)) will also require administrative capacity to verify and, if challenged, the Tribunal to assess the adequacy of service evidence.\n\n**Concrete behavioural effects (who decides and who changes behaviour)**\n\n- Applicants: will need to compile the prescribed documents and budget for the fees (regs 3–5, 4). They may be more likely to prepare and present reasonable alternative proposals beforehand because the Tribunal will consider that history (reg 7(b)).\n- Schemes supervisor: decides whether to accept, waive, or refund application fees and must check documentary compliance (reg 3(2), reg 4).\n- Tribunal: applies the prescribed factor and matters when deciding whether to terminate a scheme; its assessments of “functional” bodies corporate and “fair and reasonable” distributions will determine outcomes (regs 6–7).\n\n**Sections cited:** regs 2–7."},"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The Regulations remain tightly focused on their original purpose: providing administrative and procedural details to support the parent Act. They set fees, specify documentation requirements, and clarify Tribunal considerations without expanding into new substantive areas."},"complexity_factors":["Only 7 regulations total, spanning 2 pages of substantive content","Minimal defined terms (relies on definitions in the parent Act)","No nested exceptions or complex conditional logic","Straightforward prescriptive provisions (setting fees, listing documents, naming organisations)","Simple cross-referencing to specific sections of the parent Act without recursive dependencies","No schedules, tables, or intricate procedural timelines"],"plain_english_summary":"**What this legislation does:**\n\nThese Regulations set out the practical details for how unit title schemes (like apartment buildings or townhouse complexes) can be wound up or terminated in the Northern Territory. They work alongside the main Act (the Termination of Units Plans and Unit Title Schemes Act 2014) by filling in specific procedural requirements.\n\n**Key things covered:**\n\n*   **Fees:** Sets the application fee to start the termination process (2,000 revenue units, though this can be waived) and the fee for appointing a valuer (200 revenue units).\n*   **Paperwork:** Lists exactly what documents must be submitted with a termination application, including:\n    *   The resolution passed by owners\n    *   A list showing how each owner voted\n    *   Proof that all owners, mortgagees (banks/lenders), and other interested parties were properly notified\n*   **Professional standards:** Names the Australian Valuers Institute Co-op Limited as the official body whose members can act as valuers in these proceedings.\n*   **What the Tribunal considers:** Specifies factors the Northern Territory Civil and Administrative Tribunal must weigh up when deciding whether to approve a termination, such as:\n    *   Whether the body corporate (the owners' management committee) was actually functioning properly before the application\n    *   Whether the development could work as a functional neighbourhood if termination didn't happen\n    *   Whether alternative proposals were explored\n    *   Whether money from any sale would be distributed fairly\n    *   The interests of banks and other parties with registered interests (legal claims) over the property\n\n**Who it affects:**\n\n*   Unit owners in the NT who want to sell or redevelop their building\n*   Property developers looking to terminate existing schemes\n*   Mortgagees (banks holding mortgages) and other secured creditors\n*   The Tribunal members who decide these applications\n\n**Why it matters:**\n\nTerminating a unit title scheme is a big deal—it effectively ends the legal structure that allows multiple people to own units in one building. These Regulations ensure the process is transparent, fair, and properly documented, protecting owners from being forced out without due process while also allowing dysfunctional or uneconomic schemes to be wound up sensibly."},"summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"Based on the available information, the regulations appear to remain focused on their original purpose: providing procedural rules for the termination of units plans and unit title schemes in the ACT. No scope expansion or contraction is evident from the extract provided."},"complexity_factors":["Operates as subordinate legislation under a parent Act, requiring cross-referencing to understand full legal effect","Strata/unit title law involves layered property law concepts (individual lots, common property, body corporate structures)","Affects multiple stakeholders with potentially competing interests (owners, mortgagees, body corporate)","Procedural and administrative requirements must be followed precisely or risk invalidity","Limited detail visible in the extract provided — actual regulatory content unknown, which may hide further complexity"],"plain_english_summary":"These regulations set out the detailed rules for ending strata (units) title arrangements in the ACT — the legal process for winding up an owners’ scheme so the block can be sold or redeveloped. \n\nThey affect unit owners, bodies corporate, developers and lenders because they govern how a scheme can be dissolved, the procedural requirements and timelines, and how outcomes (like sales or distributions) are handled — so they determine when and how your ownership can be legally ended."}},"importantCases":[],"_links":{"self":"/api/acts/termination-of-units-plans-and-unit-title-schemes-regulations-2014","history":"/api/acts/termination-of-units-plans-and-unit-title-schemes-regulations-2014/history","analysis":"/api/acts/termination-of-units-plans-and-unit-title-schemes-regulations-2014/analysis","conflicts":"/api/acts/termination-of-units-plans-and-unit-title-schemes-regulations-2014/conflicts","importantCases":"/api/acts/termination-of-units-plans-and-unit-title-schemes-regulations-2014/important-cases","documents":"/api/acts/termination-of-units-plans-and-unit-title-schemes-regulations-2014/documents"}}