{"id":"unit-title-schemes-general-provisions-and-transitional-matters-regulations-2009","name":"UNIT TITLE SCHEMES (GENERAL PROVISIONS AND TRANSITIONAL MATTERS) REGULATIONS 2009","slug":"unit-title-schemes-general-provisions-and-transitional-matters-regulations-2009","collection":"regulation","jurisdiction":"nt","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":177242,"registerId":"nt-unit-title-schemes-general-provisions-and-transitional-matters-regulations-2009-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"UNIT TITLE SCHEMES (GENERAL PROVISIONS AND TRANSITIONAL MATTERS) REGULATIONS 2009","content":"NORTHERN TERRITORY OF AUSTRALIA\nUNIT TITLE SCHEMES (GENERAL PROVISIONS AND TRANSITIONAL\nMATTERS) REGULATIONS 2009\nAs in force at 23 October 2019\nTABLE OF PROVISIONS\nPart 1 Preliminary matters\n1 Citation ............................................................................................ 1\n2 Commencement .............................................................................. 1\nPart 2 Key elements of scheme\n3 Changes to scheme statement ........................................................ 1\n4 Requirements about scheme statement .......................................... 2\n5 Obligation of seller – disclosure statement information ................... 4\nPart 3 Scheme administration\n6 Approval and registration of modified management module ............ 5\n6AA Fee to review by-law ........................................................................ 6\nPart 4 Transitional matters\nDivision 1 Conversion of units plan or building\ndevelopment plan into scheme\n6A Lodgement of scheme statement by corporation ............................. 6\n6B Content of scheme statement .......................................................... 7\n6C Effect of registration of scheme statement ...................................... 8\nDivision 2 Formation of scheme from pre-\ncommencement development\n7 Prescribed land................................................................................ 9\nENDNOTES\n\n\n\nNORTHERN TERRITORY OF AUSTRALIA\n____________________\nAs in force at 23 October 2019\n____________________\nUNIT TITLE SCHEMES (GENERAL PROVISIONS AND TRANSITIONAL\nMATTERS) REGULATIONS 2009\nRegulations under the Unit Title Schemes Act 2009\nPart 1 Preliminary matters\n1 Citation\nThese Regulations may be cited as the Unit Title Schemes\n(General Provisions and Transitional Matters) Regulations 2009.\n2 Commencement\nThese Regulations commence on the commencement of\nsection 108 of the Unit Title Schemes Act 2009.\nPart 2 Key elements of scheme\n3 Changes to scheme statement\n(1) For section 12(2) of the Act, a scheme statement may be changed\notherwise than by a subsequent scheme statement if:\n(a) the change relates to information mentioned in section 18(1)(f)\nof the Act and regulation 4(3) because the scheme becomes a\nhigher scheme when all or part of the scheme land comprising\none of its units is subdivided to form the scheme land of a new\nscheme; and\n(b) the Registrar-General, on the application of a person\nresponsible for preparing a scheme statement under\nsection 20 of the Act:\n(i) endorses the change; and\n(ii) records the change in the land register as defined in\nsection 4 of the Land Title Act 2000.\n\nPart 2 Key elements of scheme\nUnit Title Schemes (General Provisions and Transitional Matters) Regulations 2009 2\n(2) On the endorsement and recording of the change, the scheme\nstatement has effect as if the change had been made with effect\nfrom the time of the endorsement.\n4 Requirements about scheme statement\n(1) For section 18(1)(e) of the Act, a scheme statement for a scheme\nintended to be developed progressively must contain the following\ninformation:\n(a) if the developer proposes to implement a stage of the\ndevelopment in accordance with a schedule of\ncommencement and completion dates – that schedule;\n(b) if the developer proposes to create additional units and\ncommon property in implementing a stage of the development\n(including units and common property of another scheme):\n(i) a description of the proposed units and common\nproperty; and\n(ii) the proposed entitlement schedules for the units;\n(c) if the developer proposes to carry out construction works for a\nstage of the development:\n(i) a location plan for the proposed stage; and\n(ii) a description of the uses that can be made of the\nconstruction zones and access zones shown in the plan;\nand\n(iii) a schedule of working hours for the construction works;\n(d) if the developer proposes to use all or a part of the scheme\nland for particular purposes for a stage of the development – a\ndescription of those purposes;\n(e) if the developer proposes to sell a unit as ready for occupation\nfor a proposed stage of the development – a schedule of\nmaterials and finishes for the unit;\n(f) if the developer proposes to create special rights or limitations\nover common property or body corporate assets for a stage of\nthe development – a statement of the rights or limitations;\n\nPart 2 Key elements of scheme\nUnit Title Schemes (General Provisions and Transitional Matters) Regulations 2009 3\n(g) if any of paragraphs (a) to (f) applies – any other information\nreasonably required to examine the scheme statement to\nascertain:\n(i) the overall nature of the facilities proposed for the\ndevelopment; and\n(ii) the rights and obligations of the body corporate and unit\nowners during and after the completion of the\ndevelopment;\n(h) if none of paragraphs (a) to (f) applies:\n(i) a statement specifying broad concepts in relation to the\ndevelopment; and\n(ii) a statement that the developer has no specific proposal\nin relation to implementing a stage of the development.\n(2) To avoid doubt, a developer may propose to do a thing as\nmentioned in subregulation (1)(a) to (f) without entering into a\nbinding agreement in relation to that thing.\n(3) For section 18(1)(f) of the Act, a scheme statement for a higher\nscheme or subsidiary scheme must identify each of the scheme's\nhigher schemes and subsidiary schemes.\n(4) For section 18(3)(c)(i) of the Act, the endorsement of the consent\nauthority relates to the following matters:\n(a) the matters mentioned in section 18(1)(a) to (c) and (e) to (f)\nof the Act;\n(b) any exclusive use by-laws of the scheme.\n(5) In this regulation:\nlocation plan, for a stage of a development, means a plan\nshowing:\n(a) the construction zones, access zones, roads and common\nproperty relating to the stage; and\n(b) the dimensions and areas of the proposed units relating to the\nstage as worked out by a licensed surveyor.\n\nPart 2 Key elements of scheme\nUnit Title Schemes (General Provisions and Transitional Matters) Regulations 2009 4\n5 Obligation of seller – disclosure statement information\n(1) For section 45(2)(b) of the Act, the disclosure statement must\ncontain the following information:\n(a) if the developer has entered into an arrangement to engage a\nbody corporate manager or service contractor:\n(i) the name of the body corporate manager or service\ncontractor; and\n(ii) the nature of the arrangement; and\n(iii) the period the arrangement is to be in force; and\n(iv) the rights and obligations of the body corporate manager\nor service contractor; and\n(v) details about any service fees payable to the body\ncorporate manager or service contractor under the\narrangement;\n(b) if the developer proposes to enter into an arrangement to\nengage a body corporate manager or service contractor – any\nproposal relating to the matters mentioned in paragraph (a).\n(2) For section 45(2)(c) of the Act, the disclosure statement must\ncontain the following information:\n(a) if the developer has authorised a person to be a letting agent:\n(i) the name of the letting agent; and\n(ii) the period the authorisation is to be in force; and\n(iii) the rights and obligations of the letting agent; and\n(iv) details about any service fees payable to the letting\nagent;\n(b) if the developer proposes to authorise a person to be a letting\nagent – any proposal relating to the matters mentioned in\nparagraph (a).\n(3) For section 45(2)(d) of the Act, the disclosure statement must\ncontain the following information:\n(a) a complete list of the existing body corporate assets and any\nproposed body corporate assets;\n(b) any limitation or proposed limitation on the use of the assets.\n\nPart 3 Scheme administration\nUnit Title Schemes (General Provisions and Transitional Matters) Regulations 2009 5\n(4) For section 45(2)(h) of the Act, if the management module of the\nscheme provides for a method of adjudicating disputes arising from\nthe disclosure statement, the statement must specify the method.\nPart 3 Scheme administration\n6 Approval and registration of modified management module\n(1) The scheme supervisor may:\n(a) on the application of a person intending to register the first\nscheme statement of a scheme – approve changes to the\nmanagement module that would otherwise apply to the\nscheme (the applying module); and\n(b) on the application of the body corporate of a scheme –\napprove changes to the management module currently\napplying to the scheme (the applying module).\nNote for subregulation (1)\nThe Unit Title Schemes (Management Modules) Regulations 2009 prescribe\nmanagement modules that apply to various schemes.\n(2) The application must be made in the approved form.\n(3) Without limiting what may be required by the approved form, the\napplication must be accompanied by the following:\n(a) a document setting out the changes;\n(b) a document setting out the applying module incorporating the\nchanges.\n(4) The fee payable for the application is 120 revenue units.\n(5) The scheme supervisor may approve changes to the applying\nmodule only if satisfied the applying module incorporating the\nchanges (the modified module):\n(a) adequately deals with all the matters covered by the applying\nmodule; and\n(b) is fair and equitable.\n(6) The scheme supervisor must tell the Registrar-General about the\napproval.\n\nPart 4 Transitional matters\nDivision 1 Conversion of units plan or building development plan into scheme\nUnit Title Schemes (General Provisions and Transitional Matters) Regulations 2009 6\n(7) The modified module applies to the scheme only if:\n(a) the modified module is registered under subregulation (8); and\n(b) if subregulation (1)(a) applies to the approval – the registration\nis made before or when the first scheme statement of the\nscheme is registered.\n(8) The Registrar-General must, on the application of a person who\nhas been given approval for a modified module under\nsubregulation (1), register the modified module.\n(9) However, the Registrar-General must not do so if:\n(a) subregulation (1)(a) applies to the approval; and\n(b) the first scheme statement of the scheme has been registered.\n(10) The Registrar-General may register a modified module in a way\ndecided by the Registrar-General.\n6AA Fee to review by-law\nFor sections 95B and 119 of the Act, the fee for the review of a\nby-law by the schemes supervisor is 115 revenue units.\nPart 4 Transitional matters\nDivision 1 Conversion of units plan or building development\nplan into scheme\n6A Lodgement of scheme statement by corporation\n(1) For section 111(1) of the Act, a corporation of a units plan or\nbuilding development plan may lodge a scheme statement if the\nfollowing requirements are met:\n(a) it is authorised to do so by unanimous resolution of its\nmembers;\n(b) if it is a corporation of a units plan for an estate development\nor of a building development plan – each corporation\n(connected corporation) connected to that plan\nsimultaneously lodges a scheme statement for the conversion\nof the units plan or building development plan in relation to\nwhich the connected corporation was constituted;\n\nPart 4 Transitional matters\nDivision 1 Conversion of units plan or building development plan into scheme\nUnit Title Schemes (General Provisions and Transitional Matters) Regulations 2009 7\n(c) if it is a corporation connected to a units plan for an estate\ndevelopment or to a building development plan (each a\nrelevant plan) – each of the following corporations (each a\ngroup corporation) simultaneously lodges a scheme\nstatement for the conversion of the units plan or building\ndevelopment plan in relation to which the group corporation\nwas constituted:\n(i) the corporation of the relevant plan;\n(ii) each other corporation connected to the relevant plan.\n(2) For subregulation (1):\n(a) a corporation is connected to a units plan for an estate\ndevelopment if the corporation was constituted because of a\nsubdivision of a part of the parcel to which the units plan\nrelates; and\n(b) a corporation is connected to a building development plan if\nthe corporation was constituted because of a subdivision of a\npart of the parcel to which the building development plan\nrelates.\n(3) For section 20(1)(f) of the Act, the corporation of a units plan or\nbuilding development plan is responsible for preparing the scheme\nstatement for the conversion of the units plan or building\ndevelopment plan.\n(4) In this regulation:\nunanimous resolution, see section 7(4) of the Unit Titles\nAct 2009.\n6B Content of scheme statement\n(1) A scheme statement lodged by the corporation of a units plan or\nbuilding development plan must:\n(a) comply with the requirements of the Act, other than the\nrequirements mentioned in section 18(1)(a) and (3)(b) and (c)\nof the Act; and\n(b) contain a description of the scheme land by reference to a\nplan of subdivision that shows the units and common property\nof the scheme; and\n\nPart 4 Transitional matters\nDivision 1 Conversion of units plan or building development plan into scheme\nUnit Title Schemes (General Provisions and Transitional Matters) Regulations 2009 8\n(c) be accompanied by:\n(i) the plan of subdivision mentioned in paragraph (b); and\n(ii) a certificate given by a licensed surveyor certifying that\nthe boundaries of the units, or building lots, and common\nproperty shown in the units plan or building development\nplan are as shown in the plan of subdivision.\n(2) For section 18(1)(d) of the Act, the contribution entitlement and\ninterest entitlement of a unit as specified in the entitlement\nschedules must be:\n(a) the same as the unit entitlement under the Unit Titles Act 2009\nfor the corresponding unit in the units plan or building lot in the\nbuilding development plan; or\n(b) if a different contribution entitlement or interest entitlement has\nbeen approved by unanimous resolution of the members of\nthe corporation – the approved entitlement.\n(3) In this regulation:\nunanimous resolution, see section 7(4) of the Unit Titles\nAct 2009.\n6C Effect of registration of scheme statement\nFor section 111(2) of the Act, if the Registrar-General registers a\nscheme statement lodged by the corporation of a units plan or\nbuilding development plan:\n(a) the corporation has effect as the body corporate of the\nscheme; and\n(b) each unit to which the units plan, or building lot to which the\nbuilding development plan, relates (the original unit) has\neffect as a unit of the scheme (the converted unit); and\n(c) each right or interest in the original unit existing immediately\nbefore the registration has effect as a right or interest in the\nconverted unit; and\n(d) the common property to which the units plan or building\ndevelopment plan relates has effect as the common property\nof the scheme; and\n(e) the body corporate becomes the owner of the common\nproperty of the scheme; and\n\nPart 4 Transitional matters\nDivision 2 Formation of scheme from pre-commencement development\nUnit Title Schemes (General Provisions and Transitional Matters) Regulations 2009 9\n(f) each right or interest in the common property existing\nimmediately before the registration has effect as a right or\ninterest in the common property of the scheme.\nDivision 2 Formation of scheme from pre-commencement\ndevelopment\n7 Prescribed land\nSection 112 of the Act applies to the land:\n(a) for which development permit number 05/0547 is in force\nimmediately before the commencement of Chapter 4, Part 4.3\nof the Act; and\n(b) in relation to which the following requirements are met:\n(i) the developer lodges a scheme statement complying\nwith section 18 of the Act;\n(ii) the consent authority decides that the proposed units\nand common property are suitable for separate titles.\n\nENDNOTES\nUnit Title Schemes (General Provisions and Transitional Matters) Regulations 2009 10\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\nUnit Title Schemes (General Provisions and Transitional Matters) Regulations (SL\nNo. 18, 2009)\nNotified 26 June 2009\nCommenced 1 July 2009 (r 2, s 2 Unit Titles Schemes Act 2009 (Act\nNo. 14, 2009) and Gaz S30, 26 June 2009)\nUnit Title Schemes and Related Legislation Amendment Regulations 2011 (SL No. 14,\n2011)\nNotified 18 May 2011\nCommenced 18 May 2011\nUnit Titles and Unit Title Schemes Legislation Amendment Regulations 2019 (SL No.\n26, 2019)\nNotified 23 October 2019\nCommenced 23 October 2019\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: rr 1, 3, 6, 6A and 6B.\n4 LIST OF AMENDMENTS\nr 6AA ins No. 26, 2019, r 4\npt 4\ndiv 1 hdg ins No. 14, 2011, r 3\nrr 6A – 6C ins No. 14, 2011, r 3\npt 4\ndiv 2 hdg ins No. 14, 2011, r 4\nr 7 amd No. 14, 2011, r 5","sortOrder":0}],"analysis":{"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"},"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":5,"scope_assessment":{"changed":false,"description":"Based on the available information, there is no evidence of scope change from the original intent. The regulations appear to consistently serve their stated purpose: providing general operational provisions for unit title schemes and managing transitional arrangements between legislative regimes. The split agency responsibility may reflect a deliberate original design rather than a later expansion of scope."},"complexity_factors":["Dual agency administration (Attorney-General's Department and Department of Trade, Business and Asian Relations) creates split jurisdictional responsibility","Transitional provisions add a temporal legal layer requiring understanding of both old and new law","Regulations sit beneath a parent Act, meaning full understanding requires cross-referencing the enabling legislation","The metadata provided is incomplete (missing Regs No, Year, Made By, Gazette details), limiting precise legal analysis","Unit title law involves intersecting property law, contract law, and corporate governance principles","The reprint designation (REPU012R2) suggests the regulations have been amended multiple times, adding interpretive complexity"],"plain_english_summary":"These regulations set out how unit title (strata) schemes operate and provide transitional rules to move existing schemes from old to new law. They affect apartment/unit owners, bodies corporate, developers, agents and businesses in mixed‑use complexes, governing common‑area management, levies, dispute processes and other day‑to‑day rights and obligations. Responsibility is shared between the Attorney‑General’s Department and the Department of Trade, Business and Asian Relations."},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":false,"description":"The Regulations do not expand or narrow the statutory categories of schemes established by the Act. They implement the Act’s framework by prescribing procedural steps, information content, fees and transitional conversion mechanics (notably endorsement/registration procedures (r 3, r 6), disclosure content (r 5), conversion requirements including unanimous resolution and simultaneous lodgement (rr 6A–6C), and prescribed land criteria (r 7)). These are procedural and evidentiary specifications rather than changes to the Act’s substantive scope."},"complexity_factors":["Cross-references to multiple Act provisions (e.g. ss 12, 18, 20, 45, 95B, 111, 112) which require reading both Act and Regulations together (regs 3–7)","Detailed content requirements for progressive developments and disclosure statements adding technical and documentary burden (reg 4, reg 5)","Procedural approvals and registrations with multiple decision-makers (scheme supervisor approval, Registrar‑General registration) and timing constraints (regs 6(1), 6(7)–(9))","Conditional and simultaneous lodgement rules for conversion of legacy units plans requiring unanimous resolutions and coordinated filings (regs 6A–6C)","Technical evidence requirements (plan of subdivision, licensed surveyor certificate) increasing compliance cost and reliance on third-party professionals (reg 6B(1)(c))","Discretion left to administrators to assess fairness and adequacy when approving modified management modules (reg 6(5))","Fixed administrative fees set in revenue units that affect costs for applicants (reg 6(4), reg 6AA)","Transitional carve-outs and prescribed-land rules that add exceptions to the general framework (reg 7)"],"plain_english_summary":"These Regulations set out procedural and information rules for unit title schemes: what must appear in scheme and disclosure statements, how modified management modules are approved and registered, conversion steps for existing units plans into schemes, timing rules and fixed fees. Developers, sellers and bodies corporate bear the documentary, survey and lodgement costs; the scheme supervisor and Registrar‑General make key approvals and registrations. The instrument’s stated aim is orderly scheme formation and transition; it imposes timing conditions, technical certificates and administrative discretion that affect compliance burden and decision‑making."},"kimi_summary":{"content_quality":"ok","complexity_score":5,"scope_assessment":{"changed":false,"description":"The legislation remains focused on its original purpose of supporting the Unit Title Schemes Act 2009 through operational details, disclosure requirements, and transitional arrangements. The 2011 and 2019 amendments added specific mechanisms (conversion of old schemes, by-law review fees) but these are natural elaborations of the original framework rather than scope creep."},"complexity_factors":["Multiple cross-references to the parent Unit Title Schemes Act 2009 (sections 12, 18, 20, 45, 95B, 108, 111, 112, 119) and the Land Title Act 2000","Nested conditional logic in Regulation 6A regarding simultaneous lodgement requirements for connected corporations in estate developments","Defined terms scattered throughout (e.g., 'location plan' in reg 4(5), 'unanimous resolution' in regs 6A(4) and 6B(3)) rather than concentrated in a single interpretation section","Dual pathways for approval of modified management modules (pre-registration vs post-registration) with different timing constraints in Regulation 6","Transitional provisions requiring mapping between old legislative concepts (units plans, building development plans, estate developments) and new scheme structures","Specific reference to a single development permit (05/0547) in Regulation 7, creating a highly specific carve-out","Fee calculations tied to 'revenue units' requiring external lookup to determine actual dollar amounts"],"plain_english_summary":"These regulations support the Northern Territory's Unit Title Schemes Act 2009, which governs how apartment buildings and similar developments are owned and managed.\n\n**What this legislation does:**\n\n*   **Sets out paperwork requirements** for creating and changing \"scheme statements\" — the foundational documents that establish a unit title scheme (like an apartment complex). This includes details about staged developments, construction zones, and how units relate to each other in complex \"higher scheme\" arrangements (where one building sits within a larger development).\n\n*   **Requires sellers to disclose key information** to buyers, including:\n    *   Any contracts with building managers or service contractors\n    *   Any letting agents the developer has appointed\n    *   A complete list of common assets (like pools, gyms, or gardens) and any restrictions on their use\n    *   How disputes about the disclosure statement will be resolved\n\n*   **Allows customised management rules** — body corporates (the owners' collective) can apply to modify the standard \"management module\" (the rulebook for running the scheme) if they want different governance arrangements. The scheme supervisor must approve these changes to ensure they're fair.\n\n*   **Handles the transition from old laws** — provides a pathway to convert older \"units plans\" and \"building development plans\" (created under previous legislation) into the new unit title scheme format. This ensures existing apartment buildings and subdivisions aren't left in legal limbo when the new Act took effect.\n\n*   **Sets fees** for reviewing by-laws (community rules) and approving modified management modules — these are expressed in \"revenue units\" (a standardised fee unit that adjusts with inflation).\n\n**Who it affects:**\n\n*   **Property developers** building new unit developments\n*   **Body corporates** managing existing schemes\n*   **Unit owners** buying into schemes (who benefit from mandatory disclosure)\n*   **Corporations** operating under the old Unit Titles Act that need to convert to the new system\n\n**Why it matters:**\n\nThese regulations fill in the operational details missing from the main Act. They ensure buyers know what they're getting into before purchasing, provide flexibility for different types of developments, and manage the messy business of transitioning thousands of existing properties from old laws to new ones without disrupting ownership rights."}},"importantCases":[],"_links":{"self":"/api/acts/unit-title-schemes-general-provisions-and-transitional-matters-regulations-2009","history":"/api/acts/unit-title-schemes-general-provisions-and-transitional-matters-regulations-2009/history","analysis":"/api/acts/unit-title-schemes-general-provisions-and-transitional-matters-regulations-2009/analysis","conflicts":"/api/acts/unit-title-schemes-general-provisions-and-transitional-matters-regulations-2009/conflicts","importantCases":"/api/acts/unit-title-schemes-general-provisions-and-transitional-matters-regulations-2009/important-cases","documents":"/api/acts/unit-title-schemes-general-provisions-and-transitional-matters-regulations-2009/documents"}}