{"id":"unit-titles-act-1975","name":"Unit Titles Act 1975","slug":"unit-titles-act-1975","collection":"act","jurisdiction":"nt","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":30614,"registerId":"nt-unit-titles-act-1975-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Div 4","sectionType":"division","heading":"Effect of registration of building development","content":"Division 4 Effect of registration of building development\nplan\n26ZP Subdivision of parcel by registration .............................................. 45\n26ZQ Title to building lots and common property .................................... 45\n\nUnit Titles Act 1975 iv\n26ZR Common property to be held in trust ............................................. 46\n26ZS Easements created by this Act ...................................................... 46\n26ZT No alteration of schedule of unit entitlement .................................. 47\n26ZU Conversion of units into building lots ............................................. 47\n26ZV Further subdivision ........................................................................ 48\n26ZW Restrictive covenants .................................................................... 48\n26ZX Disclosure statement part of contract of sale of building lot ........... 49\n26ZY Rights of developer in respect of access and development\nzones ............................................................................................. 49\n26ZZ Application of Part V ...................................................................... 49\n26ZZA By-laws relating to building development ...................................... 49\n26ZZB Transitional .................................................................................... 50\n27A Definitions ...................................................................................... 51\n27 Body corporate – units plan other than building development\nplan ................................................................................................ 51\n28 Body corporate – building development plan ................................. 52\n29 Body corporate may appoint representative .................................. 53\n30 Legal status, &c., of corporation .................................................... 53\n30A Seal of corporation ........................................................................ 53\n31 Corporation excluded matter under Corporations Act 2001 ........... 54\n32 Corporation to act through committee ........................................... 54\n33 General provisions ......................................................................... 54\n34 General duties ............................................................................... 55\n35 Banking and investment of moneys of corporation ........................ 55\n36 Contributions by members of the corporation ................................ 55\n36A Apportionment of expenditure in respect of condominium or\nestate development ....................................................................... 56\n37 Statement of members' liability to corporation and inspection\nof books, &c. .................................................................................. 57\n38 Names and addresses of committee-men ..................................... 58\n39 No business to be carried on ......................................................... 58\n40 Borrowing powers .......................................................................... 58\n41 Breaches of articles may be remedied .......................................... 58\n42 Acquisition and alienation of property ............................................ 59\n42A Acquisition of additional common property .................................... 59\n42B Leasing of common property ......................................................... 60\n43 Agreements with members ............................................................ 60\n44 Special privileges relating to common property ............................. 60\n\nUnit Titles Act 1975 v\n45 Recovery of certain repairs, &c...................................................... 60\n46 Recovery of expenditure resulting from fault ................................. 61\n47 Liability of co-proprietors................................................................ 61\n47A Restrictions on powers of corporation ........................................... 61\n51 Chairman, secretary and treasurer of committee........................... 62\n53 Statutory restrictions on powers of corporation or committee ........ 64\n57 Validity of acts of committee .......................................................... 65\n58 Management modules ................................................................... 65\n76 Articles of corporation .................................................................... 66\n77 Effect of articles ............................................................................. 66\n78 Alteration of articles ....................................................................... 66\n78A Copy of articles to be provided ...................................................... 67\n79 Application of Interpretation Act 1978 ............................................ 68\n79AA Requirements for by-laws .............................................................. 68\n79AB Review and certification of by-laws ................................................ 68\n79AC Lodgement of by-laws ................................................................... 69\n79AD Review by the Tribunal .................................................................. 69\nPart VA Duties, &c., of proprietors and other\noccupiers of units\n79A Duties of proprietors and other occupiers of units ......................... 70\n80A Application of Part ......................................................................... 71\n80 Insurance by corporation ............................................................... 71\n81 Insurable interests of corporation .................................................. 72\n82 Corporation's insurance moneys not to be brought into\ncontribution .................................................................................... 72\n83 Inspection of policies and receipts for premiums ........................... 73\n84 Mortgage insurance of unit ............................................................ 73\n85 Payment under policy .................................................................... 73\n86 Transfer of mortgagee's interest to insurer .................................... 73\n87 Mortgage insurance moneys not to be brought into\ncontribution .................................................................................... 74\n88 Other insurance by proprietor ........................................................ 74\n\nUnit Titles Act 1975 vi\n89 Application of insurance moneys ................................................... 74\n89A Application of Part ......................................................................... 74\n90 Appointment of administrator ......................................................... 74\n91 Removal or replacement of administrator ...................................... 75\n92 Notice to Registrar-General and corporation of order under\nsection 90 or 91 ............................................................................. 75\n93 Duties, functions and powers of administrator ............................... 75\n94 Administrator may delegate duties, functions and powers ............. 75\n98 Approval of scheme for alteration of units plan .............................. 76\n99 Order of Tribunal for alteration of units plan .................................. 77\n100 Effect of registration of order for elimination of unit ....................... 77\n101 Interested persons may be heard .................................................. 77\n102 Directions for lodging orders with Registrar-General ..................... 78\n103 Facilities for service of documents................................................. 78\n104 Service of documents .................................................................... 78\n104A Delegation ..................................................................................... 79\n105 Evidence of resolutions ................................................................. 79\n106 Resolution of disputes ................................................................... 79\n108 Rates ............................................................................................. 81\n109 Fees .............................................................................................. 82\n110 Regulations.................................................................................... 82\nPart X Transitional matters for Justice Legislation\nAmendment Act (No. 2) 2006\n111 Body corporate incorporated under section 27 or 28 ..................... 82\nPart XI Transitional matters for Land Title and\nRelated Legislation Amendment Act 2008\n112 Application ..................................................................................... 82\nPart XII Transitional matters for Unit Title Schemes\nAct 2009\n113 Application of Act ........................................................................... 84\n114 Application – method of voting....................................................... 84\n115 Application – jurisdiction of Supreme Court ................................... 84\n116 Limit on application of section 10................................................... 85\n\nUnit Titles Act 1975 vii\nPart XIII Transitional matters for Justice Legislation\nAmendment (Small Claims and Other\nMatters) Act 2016\n117 Definitions ...................................................................................... 85\n118 Current proceedings to continue in Local Court............................. 86\n119 References to orders ..................................................................... 86\nPart XIV Transitional matters for Agents and Land\nLegislation Amendment Act 2019\n120 Definitions ...................................................................................... 86\n121 Validity of prior by-laws .................................................................. 86\n122 Review of prior by-laws ................................................................. 86\nPart XV Transitional matters for Water Legislation\nAmendment Act 2023\n123 Definition........................................................................................ 87\n","sortOrder":0},{"sectionNumber":"124","sectionType":"section","heading":"Applications for subdivision or consolidation made but not","content":"124 Applications for subdivision or consolidation made but not\ndetermined under Real Property (Unit Titles) Act 1975 ................. 88\n\n____________________\nAs in force at 27 November 2023\n____________________\nUNIT TITLES ACT 1975\nAn Act relating to the subdivision of land into units and common\nproperty, and for other purposes\nPart I Preliminary\n","sortOrder":1},{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"1 Short title\nThis Act may be cited as the Unit Titles Act 1975.\n","sortOrder":2},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"2 Commencement\nThis Act shall come into operation on a date to be fixed by the\nAdministrator by notice published in the Gazette.\n","sortOrder":3},{"sectionNumber":"4","sectionType":"section","heading":"Interpretation","content":"4 Interpretation\n(1) In this Act:\nadministrator means an administrator appointed under section 90.\nbuilding, in relation to proposals for subdivision, includes a building\nproposed to be erected.\nbuilding development means the subdivision under this Act of a\nparcel and its development in accordance with a disclosure\nstatement as defined in section 26ZF.\nBuilding Development Parcel means a parcel to be subdivided\ninto building lots and common property in accordance with\nPart IVC.\nbuilding development plan means a building development plan of\nsubdivision lodged under section 26ZI.\nbuilding lot means a part of a Building Development Parcel that\nmay be further subdivided into common property and 2 or more\nunits in accordance with Part III or IVA.\n\nUnit Titles Act 1975 2\nbuilding management corporation means a body corporate\nconstituted under section 28(1).\ncommittee means the committee of a corporation constituted by\nsection 32.\ncommittee-man means a member of a committee.\ncommon property means so much of a parcel as is not within a\nunit.\ncondominium development means the subdivision under this Act\nof a parcel and its development in stages in accordance with a\ndisclosure statement as defined in section 26A.\ncorporation means a body corporate constituted under section 27\nor 28.\nestate development means the subdivision under this Act of a\nparcel and its development (whether or not in stages) in\naccordance with a disclosure statement as defined in section 26N.\nestate management corporation means a body corporate\nconstituted under section 27(1) in relation to an estate\nfloor includes a stairway and ramp.\nfloor area, in relation to a cubic space, means the area occupied\non a horizontal plane by the base of that cubic space.\nfloor plan, in relation to a building, means a plan, consisting of one\nor more sheets, which:\n(a) defines by lines (in paragraph (c) of this definition referred to\nas base lines) the base of each vertical boundary of every\ncubic space forming the whole of a proposed unit, or the\nwhole or any part of a proposed unit, to which the plan relates;\n(b) shows:\n(i) the floor area of such cubic space; and\n(ii) where the cubic space forms part only of a proposed\nunit, the aggregate of the floor areas of every cubic\nspace that forms part of the proposed unit; and\n\nUnit Titles Act 1975 3\n(c) where proposed units or parts of proposed units to which the\nplan relates are superimposed on other proposed units or\nparts of proposed units to which the plan relates:\n(i) shows the base lines in respect of the proposed units or\nparts of the proposed units that are so superimposed\nseparately from those in respect of the other proposed\nunits or parts of proposed units upon which they are\nsuperimposed; and\n(ii) specifies, by reference to floors or levels, the order in\nwhich that super-imposition occurs,\nand, in relation to an estate development, means a lot plan of the\nlots and common property into which the parcel is or is proposed to\nbe subdivided.\ngeneral meeting means a general meeting of a corporation.\nimproved capital value means the amount which a unit might be\nexpected to realise if offered for sale on such reasonable terms and\nconditions as a seller in good faith would require, but in relation to a\nunit being premises occupied for trade, business or manufacturing\npurposes, does not include the value of plant, machines, tools or\nother appliances which are not fixed to the premises or which are\nonly so fixed that they may be removed without causing structural\ndamage to the premises.\nimprovements includes fittings and fixtures.\nlicensed surveyor means a licensed surveyor within the meaning\nof the Licensed Surveyors Act 1983.\nlocation plan means a plan, consisting of one or more sheets,\nwhich relates to land and delineates the perimeter of that land and,\nin relation to that perimeter, the location, drawn to scale, of all\nbuildings erected or proposed to be erected on that land and of any\npart of a proposed unit not within a building.\nmajority resolution, see section 7(6).\nmanagement module means a management module prescribed\nby regulation under section 58.\nmember means a member of a corporation.\nmortgage means a mortgage within the meaning of the Land Title\nAct 2000, and mortgaged has a corresponding meaning.\nmortgagee means the registered proprietor of a mortgage.\n\nUnit Titles Act 1975 4\nordinary resolution, see section 7(7).\noriginal proprietor, in relation to a units plan, means the person by\nwhom the parcel was held at the time of registration of the units\nplan.\nparcel means the whole of the land comprised in a proposal for the\nsubdivision of a parcel of land or in a units plan, as the case may be\nand, in relation to a condominium development or an estate\ndevelopment to be completed in stages, where the context so\nrequires, includes the land comprised in the parcel other than that\ncomprised in a previously completed stage of the condominium\nproprietor, in relation to a unit, means the registered proprietor.\nregistered means registered in the Register:\n(a) under the Land Title Act 2000; or\n(b) under the Real Property (Unit Titles) Act 1975,\nand register and registration have corresponding meanings.\nRegistrar-General includes an acting or Deputy Registrar-General.\nresolution without dissent, see section 7(5).\nschedule of unit entitlement means the schedule referred to in\nsection 11, 21D or 26C(2)(f).\nschemes supervisor, see section 5 of the Unit Title Schemes\nAct 2009.\nspecial resolution, see section 7(8).\nstage, in relation to an estate development, means a separate part\nof land into which the Estate, as defined in section 26N(1), is\nsubdivided and in respect of which the relevant consent authority\nhas certified under section 65 of the Planning Act 1999 that the\nrequirements of that Act have been complied with.\nstructural cubic space means:\n(a) cubic space occupied by a vertical structural member, not\nbeing a wall, of a building;\n(b) pipes, wires, cables or ducts in a building not for the exclusive\nenjoyment of one unit; or\n\nUnit Titles Act 1975 5\n(c) cubic space enclosed by a structure enclosing such pipes,\nwires, cables or ducts.\nSurveyor-General, see section 4 of the Licensed Surveyors\nAct 1983.\nTribunal means the Civil and Administrative Tribunal.\nunanimous resolution, see section 7(4).\nunit, except in Part III and subject to section 26P, means one or\nmore cubic spaces forming part of the parcel to which a units plan\nrelates, the base of each such cubic space being designated as\none unit on the floor plan which is part of the units plan, being cubic\nspace the base of the vertical boundaries of which is as delineated\non that floor plan and which has horizontal boundaries as\nascertained under subsection (2), but does not include a structural\ncubic space unless it has boundaries described as prescribed and it\nis described in the floor plan as part of a unit.\nunit entitlement, in relation to a unit, means the number specified\nin the schedule of unit entitlement as the unit entitlement for the\nunit, being a whole number that represents, as nearly as\npracticable, the proportion that the value of the unit bears to the\naggregate value of the units contained in the units plan where the\nvalue of each unit is established by reference to its improved capital\nvalue at the date the schedule of unit entitlement is certified for the\npurposes of section 11(1)(b), 21D or 26C(2)(f).\nunits plan means all the documents referred to in section 20(1)\nand endorsed under that section, being documents relating to the\nsubdivision of the relevant parcel and, in the case of a units plan\nrelating to a completed stage of a condominium development or an\nestate development, includes all those documents relating to that\ncompleted stage and all previously completed stages of the\ncondominium development or an estate development.\nvaluer means a valuer within the meaning of the Valuation of Land\nAct 1963, and includes the Valuer-General.\nwall includes a door, window or other structure dividing a unit from\ncommon property or from another unit.\nNote for subsection 4(1)\nThe Interpretation Act 1978 contains definitions and other provisions that may be\nrelevant to this Act.\n\nUnit Titles Act 1975 6\n(2) The boundaries of a cubic space referred to in paragraph (a) of the\ndefinition of floor plan in subsection (1):\n(a) except as provided in paragraph (b) of this subsection are:\n(i) in the case of a vertical boundary where the base of a\nwall corresponds substantially with a line referred to in\nparagraph (a) of that definition – the inner surface of that\nwall; and\n(ii) in the case of a horizontal boundary where a floor or\nceiling joins a vertical boundary of that cubic space – the\nupper surface of that floor and the under surface of that\nceiling; or\n(b) are such boundaries as are described on a sheet of the floor\nplan relating to that cubic space (those boundaries being\ndescribed in the prescribed manner by reference to a wall,\nfloor or ceiling in the building to which that floor plan relates or\nto structural cubic space within that building).\n(3) A reference in this Act to cubic space includes a reference to space\ncontained in any three-dimensional geometric figure.\n(4) The fact that a boundary is defined in a units plan in terms of or by\nreference to:\n(a) a wall that is not vertical; or\n(b) a floor or ceiling that is not horizontal,\ndoes not prevent that plan from being a floor plan.\n(5) A reference in this Act to:\n(a) a units plan, a units plan of subdivision, a units plan of\nconsolidation or a building alteration plan is a reference to a\nplan registered as such; or\n(b) a notice of conversion is a reference to a notice registered as\nsuch,\ntogether with all endorsements required to be made on, and all\nplans and documents required to accompany, the plan or notice\nbefore it may be registered.\n(6) A reference in this Act to a subdivision of a unit or common property\nis a reference to the alteration of the boundaries of:\n(a) one or more units so as to create 2 or more different units;\n\nUnit Titles Act 1975 7\n(b) one or more units so as to create one or more different units\nand common property;\n(c) one or more units and common property so as to create one\nor more different units or one or more different units and\ncommon property; or\n(d) common property so as to create one or more units,\nbut does not include a reference to the consolidation of 2 or more\nunits into one unit or the conversion of one or more units into\n(7) A reference in this Act to a unit includes a reference to all unit\nsubsidiaries appurtenant to that unit before the commencement of\nsection 3 of the Unit Titles Amendment Act 1986.\n(8) A reference in this Act to a schedule of unit entitlement certified by\na valuer means that the valuer certifying the schedule has\nestablished the unit entitlement of each unit appearing in the\nschedule by reference to the improved capital value of the units at\nthe date of certification.\n(9) In section 7, Parts IIIA, V, VA, VI, VII, VIII and IX and Schedule 1,\nunless the contrary intention appears:\n(a) a reference to units is to be read as including a building lot;\nand\n(b) a reference to units plan is to be read as including a\nreference to a building development plan.\n","sortOrder":4},{"sectionNumber":"5","sectionType":"section","heading":"References to proprietor or mortgagee","content":"5 References to proprietor or mortgagee\nIn this Act, unless the contrary intention appears, a reference to a\nproprietor or mortgagee shall be read as including:\n(a) in the case of a natural person – a reference to the heirs,\nexecutors, administrators or assigns of that person or to a\nperson in whom the property of the first-mentioned person is\nvested, or by whom that property is controlled, under the\nBankruptcy Act 1966 of the Commonwealth; or\n(b) in the case of a body corporate other than a corporation – a\nreference to its liquidators or assigns.\n\nUnit Titles Act 1975 8\n","sortOrder":5},{"sectionNumber":"6","sectionType":"section","heading":"Plural references to members, proprietors or committee-men","content":"6 Plural references to members, proprietors or committee-men\nwhere only one exists\nIn this Act, a reference to:\n(a) members, in relation to a corporation with only one member;\n(b) proprietors, in relation to units in a case where the relevant\ncorporation has only one member; or\n(c) committee-men, in relation to a committee with only one\ncommittee-man,\nshall be read as a reference to the person who is that member or\ncommittee-man.\n","sortOrder":6},{"sectionNumber":"7","sectionType":"section","heading":"Methods of voting","content":"7 Methods of voting\n(1) Subsections (2) to (7):\n(a) apply for voting about a resolution of a corporation at a\nmeeting of the corporation; and\n(b) apply with changes specified in the management module:\n(i) for voting about a resolution of the corporation otherwise\nthan at a meeting; or\n(ii) for voting about a resolution of the committee of the\ncorporation; or\n(iii) for a specified purpose of this Act.\n(2) Only 1 vote may be exercised for each unit.\n(3) Except as otherwise provided by the management module, voting\nmay be made:\n(a) personally or by proxy; and\n(b) by show of hands or in writing.\n(4) A motion is passed by a unanimous resolution if the number of\nthe votes counted in favour of the motion is equal to the total\nnumber of the units.\n(5) A motion is passed by a resolution without dissent if no vote is\ncounted against the motion.\n\nUnit Titles Act 1975 9\n(6) A motion is passed by a majority resolution if the number of the\nvotes counted in favour of the motion exceeds 50% of the total\nnumber of the units.\n(7) A motion is passed by an ordinary resolution if:\n(a) the following conditions are satisfied:\n(i) this paragraph applies under the management module;\n(ii) the unit entitlements of the units for the votes counted in\nfavour of the motion exceed the unit entitlements of the\nunits for the votes counted against it; or\n(b) otherwise – the votes counted in favour of the motion are\nmore than the votes counted against the motion.\n(8) A motion is passed by a special resolution if:\n(a) at least two-thirds of the votes cast are counted in favour of\nthe motion; and\n(b) the unit entitlements of the units for the votes counted against\nthe motion do not exceed 25% of the unit entitlements of all\nthe units.\n","sortOrder":7},{"sectionNumber":"9","sectionType":"section","heading":"Units","content":"9 Units\n(1) In this Part a reference to a unit shall be read as a reference to:\n(a) a part of the parcel, being part of a building, bounded by\nreference to floors, walls and ceilings, or such part of the\nparcel together with land in the parcel whether or not that land\nis contiguous to the part;\n(b) a part of the parcel, being a part containing a building or part\nof a building and being unlimited in its vertical dimensions\nexcept to the extent of any projection above, or encroachment\nbelow, ground level by another part of the parcel, or such a\npart of the parcel together with land in the parcel which is not\ncontiguous to the part; or\n(c) in the case of an estate development, a part of the parcel\nunlimited in its vertical dimensions.\n(2) In this Part a reference to parcel is to be read as including a\nreference to a building lot.\n\nUnit Titles Act 1975 10\n","sortOrder":8},{"sectionNumber":"10","sectionType":"section","heading":"Proposals for subdivision","content":"10 Proposals for subdivision\n(1) The registered proprietor of:\n(a) an estate in fee simple in land;\n(b) a lease granted under the Crown Lands Act 1992; or\n(c) a building lot,\nmay, in respect of that parcel of land, apply to the Surveyor-General\nfor approval of proposals for the subdivision of the parcel under this\nAct.\n(2) The proposals shall provide for the subdivision of the parcel into\nunits and common property.\n","sortOrder":9},{"sectionNumber":"11","sectionType":"section","heading":"Documents to be included in proposals","content":"11 Documents to be included in proposals\n(1) The proposals shall include:\n(a) diagrams showing the manner in which it is proposed to\nsubdivide the parcel and allotting to each unit a number;\n(b) a schedule certified by a valuer specifying:\n(i) in respect of each unit – the unit entitlement for that unit;\nand\n(ii) the aggregate unit entitlement proposed for all the units;\nand\n(c) where the proposals provide for the erection or alteration of, or\nan addition to, a building – a copy of the plans and\nspecification for the erection, alteration or addition.\n(3) If a lease has been granted under the Crown Lands Act 1992 for\nthe whole or part of the parcel, the proposal must be accompanied\nby:\n(a) the written consent of the Minister administering that Act to the\nproposed subdivision; and\n(b) any other documents required by the Registrar-General for the\nconversion of the interest in the lease into an estate in fee\nsimple.\n\nUnit Titles Act 1975 11\n","sortOrder":10},{"sectionNumber":"12","sectionType":"section","heading":"Nature of diagrams to be included in proposals","content":"12 Nature of diagrams to be included in proposals\n(1) The diagrams referred to in section 11(1)(a) shall include:\n(a) a location plan and a floor plan in respect of the parcel;\n(b) where the proposals provide for a building to be so subdivided\nthat one unit is wholly or partly above another unit – a\nseparate diagram for each floor of the building showing\nsufficient particulars, at floor level, from which the vertical\nboundaries of each unit on that floor are ascertainable, without\nnecessarily specifying any bearings or dimensions;\n(c) where the proposals provide for a building to be subdivided\ninto 2 or more units otherwise than in the manner referred to in\nparagraph (b) – a diagram showing sufficient particulars, at\nfloor level, from which the vertical boundaries of each unit are\nascertainable without necessarily specifying any bearings or\ndimensions; and\n(d) where the proposals provide for a unit referred to in\nsection 9(b) that is limited in its vertical dimensions by a\nprojection above, or encroachment below, ground level by\nanother part of the parcel – a statement on the diagram on\nwhich the unit is shown to the effect that the unit is so limited\nand stating the nature of the limitation.\n(2) Except in the case of a proposed estate development, a diagram\nreferred to in subsection (1)(b) or (c) shall show the approximate\nfloor area of each unit.\n(4) Subject to subsection (1)(b) one or more diagrams referred to in\nthat subsection may be combined.\n","sortOrder":11},{"sectionNumber":"15","sectionType":"section","heading":"Approval of subdivision","content":"15 Approval of subdivision\n(1) Subject to section 16, the Surveyor-General shall:\n(a) in respect of an application for approval to subdivide a parcel\nof land held in fee simple – approve the proposals; or\n(b) in respect of an application for approval to subdivide a parcel\nof leasehold land – approve the proposal on the condition that:\n(i) the registered proprietor is not in breach of a covenant\ncontained in the lease, or a section of the Act under\nwhich that lease was granted, in respect of that lease;\nand\n\nUnit Titles Act 1975 12\n(ii) the registered proprietor will obtain a grant of an estate\nin fee simple in the parcel of land under the Crown\nLands Act 1992.\n(2) Where the registered proprietor of a parcel of land is in breach of a\ncovenant or section referred to in subsection (1)(b), the Surveyor-\nGeneral may, in his discretion, approve the proposals.\n","sortOrder":12},{"sectionNumber":"16","sectionType":"section","heading":"Condition of approval","content":"16 Condition of approval\nThe Surveyor-General shall not approve the proposals unless:\n(b) the schedule of unit entitlement is certified by a valuer; and\n(c) the proposals conform to sections 9 to 15 inclusive; and\n(d) a development permit or exceptional development permit has\nbeen issued under the Planning Act 1999 indicating:\nproposals; and\n(ii) that the determination to which the consent relates is\nconditional on the applicant's compliance with the\nprovisions in the proposals.\n","sortOrder":13},{"sectionNumber":"17","sectionType":"section","heading":"Conditional approval of subdivision","content":"17 Conditional approval of subdivision\nAn approval under section 15 shall, in the case of proposals\nreferred to in section 11(1)(c), be expressed to be subject to the\ncondition that:\n(a) the erection or alteration of, or addition to, the building will be\ncompleted in accordance with the proposals; and\n(b) where the proposals relate to a parcel of leasehold land – the\napplication for a grant of an estate in fee simple under the\nCrown Lands Act 1992 will be made after the completion of\nthe erection or alteration of, or addition to, the building,\nwithin such time as is specified in the approval or within such\nextended time as the Surveyor-General from time to time allows.\n","sortOrder":14},{"sectionNumber":"18","sectionType":"section","heading":"Documents to be forwarded to proprietor by Surveyor-General","content":"18 Documents to be forwarded to proprietor by Surveyor-General\nWhere the Surveyor-General has approved the proposals, he shall\ncause to be forwarded to the proprietor of the parcel notice in\nwriting that he has approved the proposals or, if the approval is\nsubject a specified condition that he has approved the proposals\n\nUnit Titles Act 1975 13\nsubject to that condition being complied with.\n","sortOrder":15},{"sectionNumber":"19","sectionType":"section","heading":"Final approval where conditions complied with","content":"19 Final approval where conditions complied with\nWhere a conditional approval has been granted, the Surveyor-\nGeneral shall, on an application made for the purpose by the\nproprietor of the parcel, give his final approval to the proposals if\nthe conditions have been complied with but, in any other case, the\nSurveyor-General may, in his discretion, grant or refuse to grant\nfinal approval of the proposals.\n","sortOrder":16},{"sectionNumber":"20","sectionType":"section","heading":"Endorsement of units plan for registration","content":"20 Endorsement of units plan for registration\n(1) Where approval, not being a conditional approval, of the proposals\nhas been granted or, a conditional approval having been granted,\nfinal approval of the proposals has been granted under section 19,\nthe proprietor of the parcel may submit to the Surveyor-General for\nendorsement under this section:\n(a) in the case of a unit development or condominium\ndevelopment – diagrams showing the subdivision in\naccordance with the proposals as so approved;\n(aa) in the case of an estate development – a plan of survey\nprepared by a licensed surveyor showing the subdivision in\naccordance with the proposals as so approved; and\n(b) the schedule of unit entitlement certified by a valuer as so\napproved;\nprepared in accordance with the requirements of the Real Property\n(Unit Titles) Act 1975.\n(2) Each sheet of the document referred to in subsection (1) shall be\nsigned by the proprietor of the parcel.\n(3) There shall be endorsed on the location plan or floor plan referred\nto in section 12(1)(a) a certificate by a licensed surveyor, on the\nappropriate form prescribed under the Real Property (Unit Titles)\nAct 1975.\n(4) The Surveyor-General shall make on the appropriate form\nprescribed by the Real Property (Unit Titles) Act 1975 an\nendorsement that the documents are approved for registration\nunder that Act and affix his signature to, and note the date of, that\nendorsement and affix his signature to and date each other sheet of\nthe documents, unless:\n(a) any alteration of, or addition to, a building on the parcel has\noccurred since the proposals were approved by him; or\n\nUnit Titles Act 1975 14\n(c) the documents submitted to him are not in accordance with\nthe proposals as approved by him.\n","sortOrder":17},{"sectionNumber":"21","sectionType":"section","heading":"Endorsement lapses after 3 months","content":"21 Endorsement lapses after 3 months\n(1) An endorsement made under section 20 ceases to have effect:\n(a) on the expiry of the period of 3 months after the date on which\nit was made, unless the units plan is lodged with the Registrar-\nGeneral under the Real Property (Unit Titles) Act 1975 within\nthat period; or\n(b) if the units plan is so lodged within that period and is\nsubsequently withdrawn under section 20 of that Act – when\nthe endorsement is made by the Registrar-General under that\nsection.\n(2) If an endorsement so ceases to have effect, the proprietor of the\nparcel may again submit the documents to the Surveyor-General\nfor endorsement under section 20, whereupon that section and this\nsection apply as if the previous endorsement had not been made.\nPart IIIA Subdivision and consolidation, &c., of units\nand common property\n","sortOrder":18},{"sectionNumber":"21A","sectionType":"section","heading":"Unanimous consent required","content":"21A Unanimous consent required\nNothing in this Part shall be taken to permit a subdivision,\nconsolidation, conversion, alteration or change referred to in this\nPart:\n(a) in relation to a building, a unit or common property in a\ncondominium development – before the units plan relating to\nthe final stage of the condominium development has been\nregistered; or\n(b) in any case:\n(i) except in pursuance of a unanimous resolution at a\ngeneral meeting of the corporation called for the purpose\nof approving that subdivision, consolidation, conversion,\nalteration or change; and\n(ii) unless each person whose consent is required for the\nsubdivision, consolidation, conversion, alteration or\nchange under section 9DA of the Real Property (Unit\nTitles) Act 1975 has given the consent.\n\nUnit Titles Act 1975 15\n","sortOrder":19},{"sectionNumber":"21B","sectionType":"section","heading":"Subdivision of units and common property","content":"21B Subdivision of units and common property\n(1) Units or common property, or units and common property, may be\nsubdivided by the registration of a plan as a units plan of\nsubdivision.\n(2) A plan shall not be registered as a units plan of subdivision unless:\n(a) it consists of a floor plan and location plan;\n(b) that floor plan and location plan are accompanied by a\ncertificate given by a licensed surveyor certifying that every:\n(i) wall, the inner surface or any part of which corresponds\nsubstantially with a line shown on the floor plan relating\nto the proposed subdivision as a boundary of a proposed\nunit, exists;\n(ii) floor or ceiling, the upper or under surface or any part of\nwhich forms a boundary of a proposed unit, exists;\n(iii) wall, floor, ceiling or structural cubic space, by reference\nto which a boundary of a proposed unit is to be\nascertained, exists; and\n(iv) unit illustrated by that floor plan and location plan is\nwholly within the perimeter of a parcel,\nbut such a certificate shall not certify as to the matters referred\nto in subparagraph (i), (ii) or (iii) in respect of a wall, floor,\nceiling or structural cubic space if the inner, upper or under\nsurface or any part of that wall, floor or ceiling was,\nimmediately before the subdivision, a boundary of a unit the\nsubject of the proposed subdivision or if the boundary of any\nsuch unit was, immediately before the subdivision, ascertained\nby reference to a wall, floor, ceiling or structural cubic space;\nand\n(c) it is accompanied by:\n(i) in the case of a units plan of subdivision relating in whole\nor in part to an existing building – a building certificate in\nrelation to the building;\n(ii) in the case of a units plan of subdivision in relation to a\nproposed building – certification in writing by a person\napproved by the Surveyor-General that the use of the\nland as proposed will be in accordance with the\ndevelopment provisions, and any interim development\n\nUnit Titles Act 1975 16\ncontrol orders, under the Planning Act 1999, affecting\nthat land; and\n(iii) in the case of a units plan of subdivision relating to a\nproposed subdivision of an existing building and a\nproposed building – a certificate referred to in\nsubparagraph (i) and the certification referred to in\nsubparagraph (ii).\n(3) Sections 22 to 25 inclusive with the necessary changes apply to\nand in relation to the registration, as a units plan of subdivision, of a\nplan illustrating a proposed subdivision referred to in section 4(6) in\nthe same way as they apply to and in relation to the registration of a\nplan as a units plan.\n(4) In subsection (2)(c)(i):\nbuilding certificate means:\n(a) a certificate issued under section 40 of the repealed Act as\ndefined in section 4 of the Building Act 1993; or\n(b) occupancy certification as defined in section 4 of the Building\nAct 1993.\n","sortOrder":20},{"sectionNumber":"21C","sectionType":"section","heading":"Consolidation of units","content":"21C Consolidation of units\nTwo or more units held by the same registered proprietor may be\nconsolidated into one unit by the registration of a plan as a units\nplan of consolidation.\n","sortOrder":21},{"sectionNumber":"21D","sectionType":"section","heading":"Unit entitlement of units in subdivisions, plan of consolidation","content":"21D Unit entitlement of units in subdivisions, plan of consolidation\nor notice of conversion\nA plan illustrating a proposed subdivision referred to in section 4(6),\na proposed consolidation under section 21C, a change to land\nunder section 21FA or a proposed conversion under section 21E\nshall not be registered as a units plan of subdivision or a units plan\nof consolidation or a notice of change to land or a notice of\nconversion unless it is accompanied by:\n(a) a schedule certified by a valuer specifying the proposed unit\nentitlement for each unit to be comprised in the parcel after\nthe proposed subdivision, consolidation, change or conversion\nand the proposed aggregate unit entitlement for all the units;\nand\n\nUnit Titles Act 1975 17\n(b) a certificate under the seal of the corporation concerned\ncertifying that it has, by special resolution, agreed to each\nproposed unit entitlement and the proposed aggregate unit\nentitlement shown in the schedule referred to in paragraph (a).\n","sortOrder":22},{"sectionNumber":"21E","sectionType":"section","heading":"Conversion of units into common property","content":"21E Conversion of units into common property\n(1) Subject to subsection (2), one or more units may be converted into\ncommon property by the registration, as a notice of conversion, of a\nnotice in a form approved by the Registrar-General, being a notice\nexecuted by the proprietor or proprietors of that unit or those units\nand by the body corporate.\n(2) A notice referred to in subsection (1) shall not be registered as a\nnotice of conversion unless:\n(a) every mortgage, lien, charge, current lease, caveat or writ\nrecorded in the land register in respect of each unit to which\nthe notice relates has, in so far as it affects any such unit,\nbeen discharged or surrendered, or withdrawn or otherwise\ndisposed of; and\n(b) the Registrar-General is satisfied that written notice of the\nintended conversion was given:\n(i) in the case of a parcel within a local government area –\nto the local government council; and\n(ii) in the case of a parcel within a prescribed area under the\nNorthern Territory Rates Act 1971 – to the Minister\nresponsible for the administration of that Act,\nnot later than 3 months before the registration of the notice of\nconversion.\n","sortOrder":23},{"sectionNumber":"21F","sectionType":"section","heading":"Alteration of building affecting units plan","content":"21F Alteration of building affecting units plan\n(1) Where a building is altered by:\n(a) the demolition of a wall, floor, ceiling or structural cubic space,\nand a boundary of a unit was, immediately before the\nalteration, the inner surface or a part of that wall, the upper\nsurface or a part of that floor or the under surface or a part of\nthat ceiling or was defined in terms of or by reference to that\nwall, floor, ceiling or structural cubic space; or\n(b) the construction of a wall, floor or ceiling so that a boundary of\na unit coincides with the inner surface or a part of that wall, the\nupper surface or a part of that floor or the under surface or a\npart of that ceiling,\n\nUnit Titles Act 1975 18\nthe proprietor of that unit shall, within 28 days after a building\ncertificate is issued in respect of the demolition or construction,\nlodge with the Registrar-General for registration as a building\nalteration plan a plan which:\n(c) defines by lines the base of each vertical boundary of that unit\nafter the alteration of the building; and\n(d) is accompanied by a certificate given by a licensed surveyor\ncertifying that:\n(i) the wall, floor, ceiling or structural cubic space has been\ndemolished or constructed, as the case may be; and\n(ii) every wall, floor or ceiling referred to in paragraph (b) is\nwholly within the perimeter of the parcel.\n(2) In subsection (1):\nbuilding certificate means:\n(a) a certificate issued under section 40 of the repealed Act as\ndefined in section 4 of the Building Act 1993; or\n(b) occupancy certification as defined in section 4 of the Building\nAct 1993.\n21FA Changing parcel that has been subdivided\n(1) Subject to section 21A, a person (including a body corporate) may\napply to the Registrar-General to change land comprised in a parcel\nby adding land to, or removing land from, the parcel.\n(2) An application under subsection (1) is to be in the prescribed form\nand contain the prescribed information (including information\nconcerning unit entitlements and land descriptions).\n(3) If:\n(a) the land is in a condominium development or estate\ndevelopment; and\n(b) the development of the land has not been completed in\naccordance with the disclosure statement relating to the land,\nthe Registrar-General must not deal with the application unless the\nSurveyor-General has under section 26J or 26W (as applicable)\napproved a variation of the disclosure statement.\n\nUnit Titles Act 1975 19\n(4) The Regulations may provide for the consequences of changing\nland in the common property in a unit and of changing land for the\npurposes of creating a new unit.\n(5) In this section, parcel includes the whole of land comprised in a\nsubdivision under this Act.\n","sortOrder":24},{"sectionNumber":"21G","sectionType":"section","heading":"Certificates of title to be lodged with certain documents","content":"21G Certificates of title to be lodged with certain documents\nThe Registrar-General may refuse to register:\n(a) a plan for registration as a units plan of subdivision or a units\nplan of consolidation;\n(ba) a document by which land will be added to or subtracted from\na parcel of land;\n(b) a notice for registration as a notice of conversion; or\n(c) a plan for registration as a building alteration plan,\nunless it is accompanied by the certificate as to title comprising the\n21GA Units plan in Restricted Water Extraction Area\n(1) If a units plan of subdivision or a units plan of consolidation is for\nland in a Restricted Water Extraction Area, the units plan must be\nlodged with the information required by section 14C(3) of the Water\nAct 1992.\n(2) The Registrar-General must refuse to register a units plan of\nsubdivision or a units plan of consolidation for land in a Restricted\nWater Extraction Area unless it complies with the restrictions of\nsections 14A and 14B of the Water Act 1992 and the requirements\nof section 14C(3) of that Act.\n(3) In this section:\nRestricted Water Extraction Area means an area of land declared\nunder section 14A(1) of the Water Act 1992.\n\nUnit Titles Act 1975 20\n","sortOrder":25},{"sectionNumber":"22","sectionType":"section","heading":"Subdivision of parcel by registration","content":"22 Subdivision of parcel by registration\nOn and after the registration of the units plan, the parcel is\nsubdivided in the manner specified in the diagrams in the units plan\nand the boundaries of the units and of the common property shall\nbe ascertained in accordance with those diagrams.\n","sortOrder":26},{"sectionNumber":"23","sectionType":"section","heading":"Title to units and common property","content":"23 Title to units and common property\n(1) On the registration of the units plan, other than a units plan relating\nto a completed stage or completed stages of a condominium\ndevelopment:\n(a) the person who was the proprietor of the parcel becomes\npossessed of an estate in fee simple in each unit; and\n(b) the corporation becomes possessed of an estate in fee simple\nin the common property.\n(1A) On the registration of the units plan relating to a completed stage or\ncompleted stages of a condominium development or estate\ndevelopment:\n(a) the person who was, immediately before that registration, the\nproprietor of that part of the parcel comprised in the completed\nstage or completed stages becomes possessed of an estate in\nfee simple in each unit, other than a unit which was,\nimmediately before that registration, held for an estate in fee\nsimple by another person;\n(b) a person, if any, who was the proprietor of a unit in the\ncondominium development or estate development\nimmediately before that registration continues to be\npossessed of an estate in fee simple in that unit subject to the\nsame mortgages and easements to which it was then subject\nor which were then appurtenant to it;\n(c) the corporation becomes possessed of an estate in fee simple\nin the common property; and\n(d) in the case of a condominium development, the developer, as\ndefined in section 26A, becomes possessed of an estate in\nfee simple in the balance, if any, of the parcel in the\ncondominium development.\n(1B) On the registration of a units plan of subdivision creating common\nproperty, the corporation becomes possessed of an estate or\n\nUnit Titles Act 1975 21\ninterest evidenced by the certificate as to title comprising the land\nthe subject of the units plan of subdivision freed and discharged\nfrom all mortgages, charges, writs and caveats affecting that land\nimmediately before the registration of that plan.\n(1C) On the registration of a notice of conversion, the corporation\nbecomes possessed of the estate or interest in any unit converted\ninto common property evidenced by the certificate as to title\ncomprising the land the subject of the notice.\n(2) Subject to subsections (1A) and (1B), the estate of which a person\nor the corporation, as the case may be, becomes possessed under\nthis section:\n(a) is subject to any mortgage referred to in section 8 of the Real\nProperty (Unit Titles) Act 1975; and\n(b) is subject to, and has appurtenant to it, the easements created\nby section 25 of this Act, and any easement referred to in\nsection 8 of that Act.\n","sortOrder":27},{"sectionNumber":"24","sectionType":"section","heading":"Common property to be held in trust","content":"24 Common property to be held in trust\n(1) Subject to section 42B, the corporation shall hold the common\nproperty in trust for the persons who are for the time being the\nmembers of the corporation as tenants in common in undivided\nshares proportional to the unit entitlements of their respective units,\nand, subject to Part IVB, shall afford those persons opportunity for\nthe reasonable use and enjoyment of the common property.\n(2) Subject to Part IIIA or section 42A, the estate in the common\nproperty held by the corporation is not capable, either at law or in\nequity, of being transferred, assigned or mortgaged.\n","sortOrder":28},{"sectionNumber":"25","sectionType":"section","heading":"Easements created by this Act","content":"25 Easements created by this Act\n(1) In this section:\nproprietor, in relation to the common property, means the\ntenement means a unit or the common property, as the case may\nbe.\n(2) On and after the registration of the units plan, the proprietor of each\ntenement (in this section called the dominant tenement) shall be\ndeemed to have over each other tenement (in this section called\nthe servient tenement) such of the rights specified in\nsubsection (3) as are necessary for the reasonable use and\nenjoyment of the dominant tenement.\n\nUnit Titles Act 1975 22\n(3) The rights referred to in subsection (2) are:\n(a) rights of support, shelter and protection afforded by the\nservient tenement at the time of the registration of the units\nplan;\n(b) rights for the collection, passage and provision of water,\nsewerage, drainage, garbage, gas, electricity and air, and\nother services of whatsoever nature (including telephone,\nradio and television services), through or by means of pipes,\nwires, cables, ducts, or other reasonable means; and\n(c) such ancillary rights as are necessary to make the rights\nreferred to in paragraphs (a) and (b) effective, including rights\nof entry by the proprietor of the dominant tenement and his\nagents, servants and workmen at all reasonable times on the\nservient tenement for the purpose of:\n(i) inspecting, maintaining or repairing the servient\ntenement; or\n(ii) inspecting, maintaining, repairing, replacing, renewing or\nrestoring any pipes, wire, cable, duct or other material.\n(4) A right created by this section shall be deemed to be an easement\nappurtenant to the dominant tenement in relation to which it is\nenjoyed.\n(5) An easement created by this section subsists notwithstanding that\nthe same person is the proprietor of both the dominant and servient\ntenements.\n(6) A person exercising a right under an easement created by\nsubsection (3)(b) or (c) is liable to make good any damage done in\nthe course of exercising that right.\n","sortOrder":29},{"sectionNumber":"26","sectionType":"section","heading":"No alteration of schedule of unit entitlement","content":"26 No alteration of schedule of unit entitlement\nOn and after the registration of the units plan, an alteration of the\nschedule of unit entitlement is not capable of being registered\nunless it is made in pursuance of Part IIIA, section 26U, 26W\nor 26X or an order of the Tribunal under Part VIII.\n\nUnit Titles Act 1975 23\n","sortOrder":30},{"sectionNumber":"26A","sectionType":"section","heading":"Definitions","content":"26A Definitions\nIn this Part, unless the contrary intention appears:\ndeveloper, in relation to a condominium development, means the\nregistered proprietor of an estate in fee simple in or a lease from\nthe Crown of the parcel the subject of the condominium\ndevelopment, and includes a person to whom the developer's\ninterest is transferred as referred to in section 26G, a mortgagee in\npossession and a purchaser from a mortgagee in possession.\ndisclosure statement, in relation to a condominium development,\nmeans a disclosure statement referred to in section 26B(3), and\nincludes such a statement as varied under this Part.\n26AA Application of Part\nNothing in this Act prevents a building lot being the subject of an\napplication under section 26B.\n","sortOrder":31},{"sectionNumber":"Div 2","sectionType":"division","heading":"Application for approval of condominium","content":"Division 2 Application for approval of condominium\n","sortOrder":32},{"sectionNumber":"26B","sectionType":"section","heading":"Application for approval","content":"26B Application for approval\nfee simple in or a lease from the Crown of land may, in respect of\nthat land, apply to the Surveyor-General for the approval of a\nproposal for the subdivision under this Act of the land and its\ndevelopment in stages as a condominium development.\n(2) An application under subsection (1) shall not be made except in\nrespect of a proposal involving the creation of not less than\n24 units.\n(3) An application under subsection (1) shall be accompanied by:\n(a) a disclosure statement in duplicate; and\n(b) a development permit issued under section 54 of the Planning\nAct 1999 indicating:\nAct to the development of that land in accordance with\nthe condominium development proposal; and\n\nUnit Titles Act 1975 24\ndisclosure statement.\n","sortOrder":33},{"sectionNumber":"26C","sectionType":"section","heading":"Contents of disclosure statement","content":"26C Contents of disclosure statement\n(1) A disclosure statement shall, on its first page, have printed the\nprescribed warning, in such manner as is prescribed, and no other\ninformation other than the title of the condominium development.\n(2) In addition to the warning referred to in subsection (1), a disclosure\nstatement shall consist of:\n(a) the documents required under section 11 to be included in an\napplication under section 10(1) as if the disclosure statement\nwere an application under Part III for the approval of the\ncondominium development as a units plan;\n(b) a description of the condominium development, and each\nproposed stage of the development, signed by or on behalf of\nthe proposed developer;\n(c) a location plan for each proposed stage of the condominium\ndevelopment and indicating construction zones, access zones\nand common property;\n(d) a description of what use can be made of access zones and\nconstruction zones referred to in paragraph (c);\n(e) a schedule of materials and finishes for all proposed stages of\nthe condominium development;\n(f) a schedule of units and of unit entitlement certified by a valuer\non the completion of the condominium development and at the\ncompletion of each proposed stage of the condominium\n(g) a schedule of commencement and completion dates for each\nproposed stage of the condominium development;\n(h) a schedule of working hours in relation to the construction and\ndevelopment during the second and each subsequent\nproposed stage of the condominium development; and\n(j) such other documents, if any, as are prescribed.\n\nUnit Titles Act 1975 25\n","sortOrder":34},{"sectionNumber":"26D","sectionType":"section","heading":"Security for proposal","content":"26D Security for proposal\n(1) In approving a condominium development proposal, the Surveyor-\nGeneral must:\n(a) consider whether security is required for the proposal; and\n(b) if the Surveyor-General considers security is required for the\nproposal – seek the Minister's approval for the requirement.\n(2) The purpose of the security is to provide for any damages that may\nbe payable to a claimant if there is a failure of the developer:\n(a) to comply with this Act; or\n(b) to complete the development or a stage of it in accordance\nwith the disclosure statement.\n(3) The Minister may:\n(a) give the approval; and\n(b) specify in the approval the following requirements:\n(i) the form and amount of the security;\n(ii) how and by whom the security must be given and\nmaintained.\n(4) If the Minister gives the approval, the Surveyor-General must, when\napproving the proposal:\n(a) specify the requirements mentioned in subsection (3)(b) as\nconditions for the approval of the proposal; and\n(b) specify that the approval of the proposal is subject to the\ncompliance of the conditions.\nclaimant means:\n(a) a proprietor of a unit in the development; or\n\nUnit Titles Act 1975 26\n(b) a person who has entered into a contract with the developer\nfor the purchase of a proposed unit in the development.\n","sortOrder":35},{"sectionNumber":"26E","sectionType":"section","heading":"Lodgement of disclosure statement for registration","content":"26E Lodgement of disclosure statement for registration\n(1) As soon as practicable after he receives a notice under section 18\nin respect of a condominium development proposal, the proprietor\nof the parcel shall lodge with the Registrar-General a copy of the\ndisclosure statement, certified by the Surveyor-General as being a\ntrue copy.\n(2) An approval under section 15 in respect of a condominium\ndevelopment proposal has no force or effect until a copy of the\ndisclosure statement has been registered.\n(3) In this section condominium development proposal includes a\nvariation, in pursuance of section 26J, of such a proposal and\ndisclosure statement, in relation to such a variation, includes a\nnew proposal referred to in section 26J(2)(a).\n","sortOrder":36},{"sectionNumber":"26F","sectionType":"section","heading":"Final approval where stages completed","content":"26F Final approval where stages completed\n(1) Subject to subsection (2), sections 19, 20 and 21, each with the\nnecessary changes, apply to and in relation to each stage of a\ncondominium development approved under section 15 as if each\nstage were the subject of a conditional approval.\n(2) In the application of sections 20 and 21 to and in relation to the\nsecond or subsequent stage of a condominium development, the\ndocuments referred to in section 20 shall not include those relating\nto a previously completed stage of the condominium development.\n","sortOrder":37},{"sectionNumber":"26G","sectionType":"section","heading":"Transfer of developer's interest","content":"26G Transfer of developer's interest\n(1) This section applies if:\n(a) a units plan for a completed stage of a condominium\ndevelopment is registered; and\n(b) the developer proposes to transfer all of the developer's\ninterest in the development to another person (the\ntransferee).\n(2) The developer must not do so unless:\n(a) the developer applies to the Minister in the approved form for\nthe Minister's approval of the transfer; and\n\nUnit Titles Act 1975 27\n(b) the Minister approves the transfer in writing.\n(3) The Minister must not approve the transfer unless:\n(a) if an application has been made under section 26J for a\nvariation of the disclosure statement for the development to\ntake effect after the transfer – the variation is approved by the\nSurveyor-General; and\n(b) if security is required for the variation – the security has been\ngiven and is maintained as so required.\n(4) The developer must:\n(a) before applying for the approval of the transfer, give a written\nnotice of the proposed transfer to each corporation arising\nfrom a completed stage of the development; and\n(b) give a written notice of the Minister's decision on the\napplication to each such corporation after being notified of the\ndecision.\napproved form means a form approved by the Minister.\nthe developer's interest in the development does not include the\ndeveloper's interest as the proprietor of a unit in the development.\n","sortOrder":38},{"sectionNumber":"26H","sectionType":"section","heading":"Damage for failure, of developer","content":"26H Damage for failure, of developer\n(1) Where a developer fails to comply with a disclosure statement or\ncomplete a condominium development in accordance with the\ndisclosure statement, the proprietor of a unit, or a person who has\ncontracted with the developer to purchase a proposed unit, in the\ncondominium development may, in addition to any other right at law\nor in equity he may have, sue for and recover such damages from\nthe developer as the Tribunal thinks fit.\n(2) Without limiting the generality of subsection (1), the proprietor of a\nunit, or a person who has contracted with the developer to\npurchase a proposed unit, in the condominium development shall\nbe entitled to recover any expected loss of capital appreciation of\nhis unit or proposed unit arising out of the failure, calculated to the\ndate on which the condominium development was to be completed\nin accordance with the disclosure statement.\n(3) The proprietor's consent to a variation of the statement does not\nprevent the proprietor from acting under this section in relation to\nthe statement as in force before the variation.\n\nUnit Titles Act 1975 28\n(4) This section has effect subject to any agreement between the\nproprietor and the developer.\n","sortOrder":39},{"sectionNumber":"26J","sectionType":"section","heading":"Variation of disclosure statement","content":"26J Variation of disclosure statement\n(1) At any time after the completion of the first stage of a condominium\ndevelopment, the developer may apply to the Surveyor-General for\na variation of the Surveyor-General's approval of the subdivision\nproposed in the disclosure statement.\n(1A) A transferee mentioned in section 26G may apply to the Surveyor-\nGeneral for a variation of the disclosure statement under\nsubsection (1) as if the transferee were the developer.\n(2) An application under subsection (1) shall be accompanied by:\n(a) a disclosure statement in the form required under section 26C\nindicating the manner it is proposed that the condominium\ndevelopment proposal be varied and the new proposal;\n(b) a determination under section 57 of the Planning Act 1999\nindicating the consent of the relevant consent authority under\nthat Act to the proposal as varied; and\n(c) the consent in writing, in such form as the Surveyor-General\napproves, of each proprietor of a unit in the condominium\n(3) Subject to this section, an application under subsection (1) shall be\ndealt with by the Surveyor-General in the same manner as an\napplication for the approval of the subdivision proposed in the\noriginal disclosure statement.\n(4) A variation approved because of subsection (1A) may take effect\nonly after the transfer mentioned in section 26G to which the\nvariation relates has occurred.\n(5) In subsection (1):\nSurveyor-General's approval, of the subdivision proposed in the\ndisclosure statement, includes the Minister's approval of such a\nsubdivision given before the commencement of the amendment of\nthis section by the Land Title and Related Legislation Amendment\nAct 2008.\n\nUnit Titles Act 1975 29\n","sortOrder":40},{"sectionNumber":"26K","sectionType":"section","heading":"Disclosure statement deemed part of contract of sale of unit","content":"26K Disclosure statement deemed part of contract of sale of unit\n(1) Each contract entered into by a developer for the sale of a unit,\nproposed unit or other interest in a condominium development,\nother than an interest referred to in section 26G(1)(a), shall, in\naddition to any other condition to which it is expressed to be\nsubject, be deemed to be subject to the condition that the developer\nwill construct and complete the condominium development in\naccordance with the disclosure statement, and each successor in\ntitle to a unit or interest so sold shall be deemed to be the original\npurchaser from or contractor with the developer and may enforce\nthe contract accordingly.\n(2) A person is incapable of contracting out of the effect of\n","sortOrder":41},{"sectionNumber":"26M","sectionType":"section","heading":"Rights of developer in respect of access and development","content":"26M Rights of developer in respect of access and development\nA developer shall have against the corporation of, and the\nproprietor of each unit in the completed stage or stages of, a\ncondominium development such rights in relation to the\nconstruction and access zones specified in the disclosure\nstatement in respect of each stage of the proposed condominium\ndevelopment as is provided in the disclosure statement.\n","sortOrder":42},{"sectionNumber":"26N","sectionType":"section","heading":"Definitions","content":"26N Definitions\n(1) In this Part, unless the contrary appears:\napproved means approved by the Minister.\ncommon property means the common property of the estate\ndeveloper, in relation to an estate development, means the\nregistered proprietor of an estate in fee simple in, or a lease from\nthe Crown of, the parcel the subject of the estate development and\nincludes a mortgagee in possession and a purchaser from a\nmortgagee in possession.\n\nUnit Titles Act 1975 30\ndisclosure statement means a disclosure statement referred to in\nsection 26Q(3), and includes such a statement as varied under this\nPart.\nlot means a lot into which the Estate is or is to be subdivided in\npursuance of this Part.\nEstate means the parcel subdivided or to be subdivided in\npursuance of this Part.\n(2) In this Part a reference to the proprietor of a lot includes a reference\nto the proprietors of units and common property into which a lot is\nfurther subdivided under this Act and a reference to a lot includes a\nreference to such a unit and common property.\n","sortOrder":43},{"sectionNumber":"26P","sectionType":"section","heading":"Application of Act to estate developments","content":"26P Application of Act to estate developments\nThis Act applies to and in relation to an estate development as if a\nreference in this Act to a unit were a reference to a lot and\nnotwithstanding that there is no building on, or a particular building\nproposed to be constructed on, the lot.\n","sortOrder":44},{"sectionNumber":"26Q","sectionType":"section","heading":"Application for approval","content":"26Q Application for approval\nfee simple in or a lease from the Crown of land may, in respect of\nthat land, apply to the Surveyor-General for the approval of a\nproposal for the subdivision under this Act of the land and its\ndevelopment as an estate development.\n(2) An application under subsection (1) shall not be made except in\nrespect of a proposal involving the creation of not less than 2 lots.\n(3) An application under subsection (1) shall be accompanied by:\n(a) a disclosure statement in duplicate;\n(b) a fee of $500 or such other amount as is prescribed; and\n(c) a development permit or exceptional development permit\nissued under the Planning Act 1999 indicating:\nestate development proposal; and\n\nUnit Titles Act 1975 31\ndisclosure statement.\n","sortOrder":45},{"sectionNumber":"26R","sectionType":"section","heading":"Contents of disclosure statement","content":"26R Contents of disclosure statement\n(1) A disclosure statement shall, on its first page, have typed or printed\nin block capital letters of a size not less than 8 points and so as to\nbe clearly legible, the warning specified in Schedule 2 (or such\nother warning in addition to or in substitution for that warning as is\nprescribed), and no other information other than the title of the\nestate development.\n(2) In addition to the warning referred to in subsection (1), a disclosure\nstatement shall consist of:\n(a) the documents required by section 11 to be included in an\napplication under section 10(1) as if the disclosure statement\nwere an application under Part III for the approval of the estate\ndevelopment as a units plan;\n(b) a description of the proposed development (and each stage of\nthe proposed development where it is proposed to be\ndeveloped in stages) signed by or on behalf of the proposed\ndeveloper;\n(c) a lot plan for the estate development prepared by a surveyor\nlicensed under the Licensed Surveyors Act 1983 showing\neach proposed stage of the development, and indicating the\nprecalculated dimensions and areas of the lots, construction\nzones, access zones and common property;\n(d) a description of what use can be made of access zones and\nconstruction zones referred to in paragraph (c);\n(e) a schedule of lots on the completion of the estate\ndevelopment and, as the case may be, its various proposed\nstages and indicating the zoning under the Planning Act 1999\nfor each lot;\n(f) a schedule of commencement and completion dates for each\nproposed stage of the estate development;\n(g) a statement of any special rights or privileges in relation to the\ncommon property proposed to adhere to each lot; and\n(h) such other documents, if any, as are prescribed.\n\nUnit Titles Act 1975 32\n","sortOrder":46},{"sectionNumber":"26S","sectionType":"section","heading":"Security for proposal","content":"26S Security for proposal\n(1) In approving an estate development proposal, the Surveyor-\nGeneral must:\n(a) consider whether security is required for the proposal; and\n(b) if the Surveyor-General considers security is required for the\nproposal – seek the Minister's approval for the requirement.\n(2) The purpose of the security is to provide for any damages that may\nbe payable to a claimant if there is a failure of the developer:\n(a) to comply with this Act; or\n(b) to complete the development.\n(3) The Minister may:\n(a) give the approval; and\n(b) specify in the approval the following requirements:\n(i) the form and amount of the security;\n(ii) how and by whom the security must be given and\nmaintained.\n(4) If the Minister gives the approval, the Surveyor-General must, when\napproving the proposal:\n(a) specify the requirements mentioned in subsection (3)(b) as\nconditions for the approval of the proposal; and\n(b) specify that the approval of the proposal is subject to the\ncompliance of the conditions.\nclaimant means:\n(a) a proprietor of a lot in the development; or\n(b) a person who has entered into a contract with the developer\nfor the purchase of a proposed lot in the development.\n\nUnit Titles Act 1975 33\n","sortOrder":47},{"sectionNumber":"26T","sectionType":"section","heading":"Lodgement of disclosure statement for registration","content":"26T Lodgement of disclosure statement for registration\n(1) As soon as practicable after he receives a notice under section 18\nin respect of an estate development proposal, the proprietor of the\nEstate shall lodge with the Registrar-General a copy of the\ndisclosure statement, certified by the Surveyor-General as being a\ntrue copy.\n(2) An approval under section 15 in respect of an estate development\nproposal has no force or effect until a copy of the disclosure\nstatement has been registered.\n(3) In this section estate development proposal includes a variation,\nin pursuance of section 26W of such a proposal and disclosure\nstatement, in relation to such a variation, includes a new proposal\nreferred to in section 26W(2)(a).\n","sortOrder":48},{"sectionNumber":"26U","sectionType":"section","heading":"Transfer of developer's interest","content":"26U Transfer of developer's interest\n(1) This section applies if:\n(a) a units plan for a completed stage of an estate development is\nregistered; and\n(b) the developer proposes to transfer all or part of the\ndeveloper's interest in the development to another person (the\ntransferee).\n(2) The developer must not do so unless:\n(a) the developer applies to the Minister in the approved form for\nthe Minister's approval of the transfer; and\n(b) the Minister approves the transfer in writing.\n(3) The Minister must not approve the transfer unless:\n(a) if an application has been made under section 26W for a\nvariation of the disclosure statement for the development to\ntake effect after the transfer – the variation is approved by the\nSurveyor-General; and\n(b) if security is required for the variation – the security has been\ngiven and is maintained as so required.\n\nUnit Titles Act 1975 34\n(4) The developer must:\n(a) before applying for the approval of the transfer, give a written\nnotice of the proposed transfer to each corporation arising\nfrom a completed stage of the development; and\n(b) give a written notice of the Minister's decision on the\napplication to each such corporation after being notified of the\ndecision.\napproved form means a form approved by the Minister.\nthe developer's interest in the development does not include the\ndeveloper's interest as the proprietor of:\n(a) a lot in the development; or\n(b) a unit into which a lot in the development is further subdivided\nunder this Act.\n","sortOrder":49},{"sectionNumber":"26V","sectionType":"section","heading":"Damage for failure of developer","content":"26V Damage for failure of developer\n(1) Where a developer fails to comply with a disclosure statement or\ncomplete an estate development in accordance with the disclosure\nstatement, the proprietor of a lot, or a person who has contracted\nwith the developer to purchase a proposed lot in the estate\ndevelopment may, in addition to any other right at law or in equity\nhe may have, sue for and recover such damages from the\ndeveloper as the Tribunal thinks fit.\n(2) Without limiting the generality of subsection (1), the proprietor of a\nlot, or a person who has contracted with the developer to purchase\na proposed lot, in the estate development shall be entitled to\nrecover any expected loss of capital appreciation of his lot or\nproposed lot arising out of the failure, calculated to the date on\nwhich the estate development was to be completed in accordance\nwith the disclosure statement.\n(3) The proprietor's consent to a variation of the statement does not\nprevent the proprietor from acting under this section in relation to\nthe statement as in force before the variation.\n(4) This section has effect subject to any agreement between the\nproprietor and the developer.\n\nUnit Titles Act 1975 35\n","sortOrder":50},{"sectionNumber":"26W","sectionType":"section","heading":"Variation of disclosure statement","content":"26W Variation of disclosure statement\n(1) At any time the developer may apply to the Surveyor-General for a\nvariation of the Surveyor-General's approval of the subdivision\nproposed in the disclosure statement.\n(1A) A transferee mentioned in section 26U may apply to the Surveyor-\nGeneral for a variation of the disclosure statement under\nsubsection (1) as if the transferee were the developer.\n(2) An application under subsection (1) shall be accompanied by:\n(a) a disclosure statement in the form required under section 26R\nindicating the manner it is proposed that the estate\ndevelopment proposal be varied and the new proposal;\n(b) a development permit under section 57 of the Planning\nAct 1999 indicating the consent of the relevant consent\nauthority under that Act to the proposal as varied;\n(c) where the variation, if approved, will affect common property –\nthe consent in writing, in an approved form, of each proprietor\nof a lot in the estate development;\n(d) a fee of $300 or such other amount as is prescribed; and\n(e) a revised schedule of lot entitlements for the whole estate\ndevelopment prepared by a valuer,\nand the developer shall serve a copy of the application, and the\ndocuments required by this subsection to accompany it, on the\nestate management corporation.\n(3) If the developer applies to a proprietor of a lot for consent to a\nproposed variation and the consent is refused or is not, within\n28 days after the application, granted, the developer may apply to\nthe Tribunal for an order consenting, in the name of the proprietor,\nto the proposed variation and the Tribunal has jurisdiction to hear\nand determine the application and make such an order.\n(4) Subject to this section, an application under subsection (1) shall be\ndealt with by the Surveyor-General in the same manner as an\napplication for the approval of the subdivision proposed in the\noriginal disclosure statement.\n(5) Where the Surveyor-General approves a variation under this\nsection or the Tribunal consents under subsection (3) to the\nvariation, the developer shall lodge with the Registrar-General for\nregistration the instrument of approval or order of the Tribunal and\nthe revised schedule of lot entitlements referred to in\n\nUnit Titles Act 1975 36\nsubsection (2)(e).\n(6) A variation approved because of subsection (1A) may take effect\nonly after the transfer mentioned in section 26U to which the\nvariation relates has occurred.\n(7) In subsection (1):\nSurveyor-General's approval, of the subdivision proposed in the\ndisclosure statement, includes the Minister's approval of such a\nsubdivision given before the commencement of the amendment of\nthis section by the Land Title and Related Legislation Amendment\nAct 2008.\n","sortOrder":51},{"sectionNumber":"26X","sectionType":"section","heading":"Reassessment of unit entitlements after completion of estate","content":"26X Reassessment of unit entitlements after completion of estate\n(1) At any time in the third to sixth year after the completion of an\nestate development the estate management corporation may apply\nto the Surveyor-General, in an approved form, for the Surveyor-\nGeneral's approval to a revised schedule of lot entitlements for the\nwhole estate development prepared by a valuer and shall serve a\ncopy of the application and revised schedule on the owner of each\nlot.\n(2) Where the Surveyor-General approves a revised schedule of lot\nentitlements lodged under subsection (1), the estate management\ncorporation shall lodge with the Registrar-General for registration\nthe instrument of approval and the revised schedule.\n","sortOrder":52},{"sectionNumber":"26Y","sectionType":"section","heading":"Further subdivision","content":"26Y Further subdivision\n(1) Subject to the Planning Act 1999, a lot may be further subdivided\nunder this Act into units and common property.\n(2) Where a lot is further subdivided under this Act into units, the\nRegistrar-General shall note on the certificate as to title of each unit\ninto which it is subdivided that the lot comprising all the units and\ncommon property in that further subdivision has the relevant lot\nentitlement for the purposes of this Act.\n(3) The Regulations may prescribe how the relevant entitlement of\neach unit into which a lot is further subdivided shall be determined\nand an entitlement so determined may be expressed as a number\nthat is not a whole number.\n\nUnit Titles Act 1975 37\n","sortOrder":53},{"sectionNumber":"26Z","sectionType":"section","heading":"Restrictive covenants","content":"26Z Restrictive covenants\nFor the purposes of imposing a restrictive covenant on the use of a\nlot in accordance with the disclosure statement, the common\nproperty shall be deemed to be the dominant tenement for the\nbenefit of which the covenant is imposed (notwithstanding that no\npart of the common property may be contiguous to the lot), and the\nburden of the covenant shall run with the land comprised in the lot.\n26ZA Disclosure statement deemed part of contract of sale of lot\n(1) Each contract entered into by a developer for the sale of a lot,\nproposed lot or other interest in an estate development, other than\nan interest referred to in section 26U(1)(a), shall, in addition to any\nother condition to which it is expressed to be subject, be deemed to\nbe subject to the condition that the developer will construct and\ncomplete the estate development in accordance with the disclosure\nstatement, and each successor in title to a unit or interest so sold\nshall be deemed to be the original purchaser from or contractor with\nthe developer and may enforce the contract accordingly.\n(2) A person is incapable of contracting out of the effect of\n26ZB Rights of developer in respect of access and development\nA developer shall have against the estate management corporation\nof, and the proprietor of each lot in the completed stage or stages\nof, an estate development such rights in relation to the construction\nand access zones specified in the disclosure statement in respect\nof each stage of the proposed estate development as is provided in\nthe disclosure statement.\n26ZC Application of Part V\nThe Regulations may vary the application of Part V (other than\n","sortOrder":54},{"sectionNumber":"Div 1","sectionType":"division","heading":"of that Part) and Schedule 1 to and in relation to an","content":"Division 1 of that Part) and Schedule 1 to and in relation to an\nestate development corporation and the management of the affairs\nof the estate development and, where they do so, that Part or\nSchedule 1, as so varied, applies accordingly.\n26ZD By-laws relating to estate development\n(1) An estate management corporation may, by special resolution, in\nrespect of its estate development, make By-laws, not inconsistent\nwith this or any other law of the Territory, relating to:\n(a) the management, use and maintenance of the estate\n\nUnit Titles Act 1975 38\n(aa) the health and safety of persons;\n(b) the control of vehicles in areas that are not part of public\nroadways;\n(c) the control of vessels;\n(d) the control of wharf's and berths;\n(e) the control of polluting substances and pollution control and\nclean-up;\n(f) the imposition and collection of dues and other fees and\ncharges incidental to the management, use and maintenance\nof the common property;\n(g) noise and other nuisance control;\n(h) the enforcement of the By-laws and prosecuting persons for\noffences against the By-laws;\n(j) the duties of owners and occupiers of lots; and\n(k) such other matters as are necessary or convenient to be\nprovided for by by-laws.\n(2) The By-laws may prescribe penalties, not exceeding 100 penalty\nunits, for a contravention of, or failure to comply with, the By-laws\nand, in addition, may prescribe a penalty, not exceeding\none penalty unit, for each day during which the offence continues.\n(3) A pecuniary penalty recovered on prosecution for an offence\nagainst the By-laws is payable to the estate management\ncorporation and may be recovered by it as a debt due to it.\n(3A) Nothing in the By-laws limits or otherwise affects the operation of\nany other law of the Territory.\n26ZE Transitional\n(1) At any time before an estate management corporation first meets\nafter its incorporation the Minister may make a by-law on any\nmatter which, under section 26ZD, the estate management\ncorporation could make a by-law.\n(2) A by-law made under subsection (1) may be revoked or amended\nby a by-law under section 26ZD by the estate management\n\nUnit Titles Act 1975 39\n26ZF Definitions\n(1) In this Part, unless the contrary intention appears:\ncommon property means the common property of the building\ndeveloper, in relation to a building development, means a person\nwho is or was the registered proprietor of an estate in fee simple in,\nor a lease from the Crown of, all of the land to which a Building\nDevelopment Parcel relates.\ndisclosure statement means a disclosure statement referred to in\nsection 26ZI(3) and includes a disclosure statement as varied under\nthis Part.\n(2) In this Part, unless the contrary intention appears, a reference to\nthe proprietor of a building lot includes a reference to the\nproprietors of units and common property into which a building lot is\nfurther subdivided under this Act and a reference to a building lot\nincludes a reference to those units and common property.\n26ZG Boundaries of building lots\n(1) The boundaries of a building lot may be determined by reference to\none or both, or a combination, of the following:\n(a) walls, ceilings and floors of any building on the Building\nDevelopment Parcel;\n(b) land in the Building Development Parcel, whether or not the\nland is contiguous to any building.\n(2) If the boundaries of a building lot are determined by reference to\nland, the vertical dimension is to be taken to be limited to the extent\nof any projections or encroachments (above or below the surface of\nthe land) that are part of some other building lot or the common\nproperty.\n(3) The boundaries of a building lot may be described by reference to\nthe inside or outside of floors, walls or ceilings.\n26ZH Application of Part\n(1) Nothing in this Act prevents a lot being the subject of an application\nunder this Part.\n\nUnit Titles Act 1975 40\n(2) In subsection (1), lot has the same meaning as in section 26N.\n26ZI Lodging of building development plan\nfee simple in or a lease from the Crown of land may lodge with the\nRegistrar-General a building development plan of subdivision.\n(2) A building development plan of subdivision must involve the\ncreation of not less than 2 building lots and common property.\n(3) A building development plan of subdivision must comply with the\nprescribed requirements and must be accompanied by:\n(a) a disclosure statement (in duplicate) in the prescribed form;\n(b) the prescribed fee;\n(c) a development permit or exceptional development permit\nissued under the Planning Act 1999 indicating:\nbuilding development proposal; and\ndisclosure statement;\n(d) a schedule of building lot entitlements prepared in accordance\nwith the Regulations; and\n(e) any other information that may be prescribed to accompany\nthe application.\n26ZJ Lodging of security deposit\n(1) The Minister may, on advice from the Registrar-General, require a\ndeveloper to lodge with the Minister a security.\n(2) The Registrar-General must consider each application under\nsection 26ZI and determine whether to advise the Minister to\nexercise his or her powers under subsection (1).\n(3) The security:\n(a) is to be in the form, for the amount, and from the person, that\nthe Minister thinks fit; and\n\nUnit Titles Act 1975 41\n(b) is to be maintained as the Minister directs.\n(4) The security may be used to pay damages to the proprietor of a\nbuilding lot or a person who has contracted or contracts with the\ndeveloper for the purchase of a proposed building lot in the building\ndevelopment in the event of the developer's failure to comply with\nthis Act or his or her failure to complete the building development in\naccordance with the disclosure statement.\n26ZK Disclosure statement\n(1) A disclosure statement is to contain mechanisms for resolving\ndisputes and for obtaining agreement to contentious issues.\n(2) A provision of a disclosure statement that imposes an obligation\nthat is unjust or oppressive on a prospective owner of a building lot\nor unit is not binding on, and cannot be enforced against, the\nprospective owner.\n(3) A disclosure statement is to contain:\n(a) the prescribed provisions; and\n(b) provisions that relate to matters that are prescribed.\n(4) A disclosure statement is to specify a procedure by which the\ndisclosure statement may, subject to this section, be varied.\n(5) A disclosure statement is to specify that there may be Regulations\nunder this Act that apply to a variation of the statement.\n(6) The Regulations may establish a procedure by which a disclosure\nstatement may be varied other than under section 26ZM.\n(7) The Regulations may provide that a procedure in the Regulations\nfor the variation of a disclosure statement is to apply:\n(a) in all cases, other than a variation under section 26ZM,\nwhether or not the disclosure statement establishes a\nprocedure for the variation of the disclosure statement; or\n(b) if a disclosure statement does not establish a procedure for\nthe variation of the disclosure statement and the variation is\nnot a variation under section 26ZM.\n(8) A variation of a disclosure statement under this section:\n(a) is of no effect unless it is lodged with the Registrar-General;\nand\n\nUnit Titles Act 1975 42\n(b) is not to be registered by the Registrar-General unless the\nvariation complies with the prescribed requirements, if any.\n26ZL Registration of building development plan\n(1) Except as provided in this section, the Registrar-General must\nregister a building development plan lodged under section 26ZI.\n(2) If the parcel of land is crown leasehold, the Registrar-General must\nnot register the building development plan unless it is accompanied\nby the written consent of the Minister administering the Crown\nLands Act 1992 to the plan and any other documentation that is\nnecessary in order for the leasehold interest to be converted into an\nestate in fee simple.\n(3) The Registrar-General must not register a building development\nplan under subsection (1) unless it conforms to applicable\ndevelopment provisions, or an applicable interim development\ncontrol order, under the Planning Act 1999.\n(4) The Registrar-General must not register a building development\nplan under subsection (1) unless all documents and fees required\nunder section 26ZI have been lodged.\n(5) The Registrar-General must not register a building development\nplan under subsection (1) unless the security, if any, required under\nsection 26ZJ has been lodged.\n26ZM Failure of developer to complete building development\n(1) A disclosure statement may be varied by:\n(a) an agreement involving, as parties, the developer, the lot\nowners, persons who have contracted to buy a lot and\npersons with registered interests in the land; or\n(b) the Minister acting in accordance with this Division.\n(2) If a developer fails, or expects or is expected to be unable, to\ncomplete a building development in accordance with the disclosure\nstatement and an agreement under subsection (1)(a) cannot be\nreached, anyone who may be a party to that agreement may apply\nto the Minister for the disclosure statement to be varied.\n\nUnit Titles Act 1975 43\n(3) The Minister may only allow the application:\n(a) after consulting with those persons who will be affected by the\nvariation; and\n(b) if satisfied that it is not possible by agreement or legal process\nfor the building development to be completed in an orderly\nway; and\n(c) after considering advice from an arbitrator appointed under\nsection 26ZN.\n(4) A variation of a disclosure statement under this section:\n(a) is of no effect unless it is lodged with the Registrar-General;\nand\n(b) is not to be registered by the Registrar-General unless the\nvariation complies with the prescribed requirements, if any.\n26ZN Minister's involvement in disputes about disclosure\nstatements\n(1) In the event of a dispute about a variation to a disclosure statement\nunder section 26ZM or about any other matter involving the\ndisclosure statement, or the rights and obligations of the parties, the\nMinister may, if permitted to do so by the disclosure statement,\nappoint, on the application of one or more of the parties, an\narbitrator.\n(2) The Minister may only appoint an arbitrator under subsection (1) if\nthe disclosure statement contains an express statement permitting\nthe Minister to appoint an arbitrator.\n(3) An arbitrator appointed under subsection (1) may exercise the\npowers that are prescribed by the Regulations for resolving\ndisputes having regard to the overall interests of the persons\naffected.\n(4) The Minister may, by notice in writing to the parties to a dispute,\nspecify that the costs incurred by the Minister in exercising his or\nher powers under section 26ZM or this section are payable in equal\nshares by:\n(a) if the developer is a party to the dispute:\n(i) the developer; and\n(ii) all other parties to the dispute together; or\n\nUnit Titles Act 1975 44\n(b) if the developer is not a party to the dispute – each of the\nparties.\n(5) The Minister and the parties to a dispute may agree about the\nfollowing:\n(a) the amount of the costs incurred by the Minister under this\nsection or section 26ZM to be paid by the parties;\n(b) the proportion of the costs incurred by the Minister under this\nsection or section 26ZM to be paid by the parties.\n(6) The Minister may only enter into an agreement under\nsubsection (5) if he or she is satisfied that the determination of the\namount of the costs and the proportion of the costs to be paid by a\nparty to the dispute is equitable, having regard to the nature of the\ndispute and the financial capacities of each party to the dispute.\n(7) If a notice is given under subsection (4) or an agreement is reached\nunder subsection (5) in relation to a dispute, the costs payable by a\nparty to the dispute are due and payable on:\n(a) the date on which the notice is served or the agreement is\nmade; or\n(b) a later date specified in the notice or agreement.\n(8) The balance from time to time outstanding of an amount due and\npayable under subsection (7) by a developer is an overriding\nstatutory charge, within the meaning of the Land Title Act 2000, on\nany unit, building lot or other land, within the Building Development\nParcel to which the dispute relates and of which the developer is a\nregistered proprietor in fee simple or a registered proprietor of a\nlease from the Crown.\n(9) The balance from time to time outstanding of an amount due and\npayable under subsection (7) by a party to a dispute other than a\ndeveloper is an overriding statutory charge, within the meaning of\nthe Land Title Act 2000, on any unit, building lot or other land,\nwithin the Building Development Parcel to which the dispute relates\nand of which the party is a registered proprietor in fee simple.\n26ZO Damage for failure etc. of developer\n(1) If a developer fails to comply with a disclosure statement or to\ncomplete a building development in accordance with the disclosure\nstatement, the proprietor of a building lot, a person who has\ncontracted with the developer to purchase a proposed building lot in\nthe building development or the owner of a unit within the building\nlot may, in addition to any other right that he or she may have at law\n\nUnit Titles Act 1975 45\nor in equity, sue for and recover damages from the developer that\nthe Tribunal thinks fit.\n(2) Without limiting subsection (1), the proprietor of a building lot, a\nperson who has contracted with the developer to purchase a\nproposed building lot or the owner of a unit within the building lot in\nthe building development is entitled to recover any expected loss of\ncapital appreciation of his or her building lot, proposed building lot\nor unit arising out of the failure (calculated to the date on which the\nbuilding development was to be completed in accordance with the\ndisclosure statement).\n26ZP Subdivision of parcel by registration\nOn the registration of the building development plan, the parcel is\nsubdivided in the manner specified in the diagrams in the building\ndevelopment plan and the boundaries of the building lots and of the\ncommon property are to be ascertained in accordance with those\ndiagrams.\n26ZQ Title to building lots and common property\n(1) On the registration of the building development plan:\n(a) the person who was the proprietor of the parcel becomes\npossessed of an estate in fee simple in each building lot; and\n(b) the corporation becomes possessed of an estate in fee simple\nin the common property.\n(2) On the registration of a building development plan creating common\nproperty, the corporation becomes possessed of an estate or\ninterest evidenced by the certificate as to title comprising the land\nthe subject of the building development plan freed and discharged\nfrom all mortgages, charges, writs and caveats affecting the land\nimmediately before the registration of the plan.\n(3) On the registration of a notice of conversion, the corporation\nbecomes possessed of the estate or interest in any building lot\nconverted into common property evidenced by the certificate as to\ntitle comprising the land the subject of the notice.\n\nUnit Titles Act 1975 46\n(4) Subject to subsections (2) and (3), the estate of which a person or\nthe corporation, as the case may be, becomes possessed under\nthis section:\n(a) is subject to any mortgage to which section 8 of the Real\nProperty (Unit Titles) Act 1975 relates; and\n(b) is subject to, and has appurtenant to it, the easements created\nby section 25 and any easement referred to in section 8 of\nReal Property (Unit Titles) Act 1975.\n26ZR Common property to be held in trust\n(1) Subject to section 42B, the corporation holds the common property\nin trust for the persons who are for the time being the members of\nthe corporation as tenants in common in undivided shares\nproportional to the building lot entitlements of their respective\nbuilding lots, and, subject to Part IVB, is to afford those persons\nopportunity for the reasonable use and enjoyment of the common\nproperty.\n(2) Subject to Part IIIA and section 42B, the estate in the common\nproperty held by the corporation is not capable, either at law or in\nequity, of being transferred, assigned or mortgaged.\n26ZS Easements created by this Act\n(1) In this section:\nproprietor, in relation to the common property, means the\ntenement means a building lot, unit or the common property, as the\ncase may be.\n(2) On the registration of the building development plan, the proprietor\nof each tenement (the dominant tenement) is taken to have over\neach other tenement (the servient tenement) those rights\nspecified in subsection (3) that are necessary for the reasonable\nuse and enjoyment of the dominant tenement.\n(3) The rights referred to in subsection (2) are:\n(a) rights of support, shelter and protection afforded by the\nservient tenement at the time of the registration of the building\ndevelopment plan;\n(b) rights for the collection, passage and provision of water,\nsewerage, drainage, garbage, gas, electricity and air, and\nother services of whatsoever nature (including telephone,\n\nUnit Titles Act 1975 47\nradio and television services), through or by means of pipes,\nwires, cables, ducts, or other reasonable means; and\n(c) any other ancillary rights that are necessary to make the rights\nreferred to in paragraphs (a) and (b) effective, including rights\nof entry by the proprietor of the dominant tenement and his or\nher agents, servants and workmen at all reasonable times on\nthe servient tenement for the purpose of:\n(i) inspecting, maintaining or repairing the servient\ntenement; or\n(ii) inspecting, maintaining, repairing, replacing, renewing or\nrestoring any pipes, wire, cable, duct or other material.\n(4) A right created by this section is to be taken to be an easement\nappurtenant to the dominant tenement in relation to which it is\nenjoyed.\n(5) An easement created by this section subsists despite that the same\nperson is the proprietor of both the dominant and servient\ntenements.\n(6) A person exercising a right under an easement created by\nsubsection (3)(b) or (c) is liable to make good any damage done in\nthe course of exercising the right.\n26ZT No alteration of schedule of unit entitlement\nOn and after the registration of the building development plan, an\nalteration of the schedule of building lot unit entitlement is not\ncapable of being registered unless it is made in pursuance of an\norder of the Tribunal under Part VIII or in accordance with this Part.\n26ZU Conversion of units into building lots\n(1) The owners of units to which a units plan relates may lodge with the\nRegistrar-General a building development plan to convert all of the\nunits to which the units plan relates into building lots.\n(2) An application under subsection (1) cannot be made unless the\nwritten consent of all of the owners of the units to which a units plan\nrelates has been obtained.\n(3) Subject to subsection (4), sections 26ZI to 26ZT (inclusive) apply in\nrespect of a building development plan lodged under\n\nUnit Titles Act 1975 48\n(4) The Regulations may vary the application of a section referred to in\nsubsection (3) and the section as varied applies accordingly.\n(5) On the Registrar-General registering a building development plan\nlodged under subsection (1):\n(a) the body corporate for the units is taken to be a body\ncorporate constituted under section 28; and\n(b) the units become building lots (that may be further subdivided\nin accordance with section 26ZV); and\n(c) the management rules applying to building lots apply to the\nexclusion of any other management rules (except that\ndecisions made before the conversion are to be taken to have\nbeen made under the management provisions applying to the\nbuilding units).\n26ZV Further subdivision\n(1) Subject to the Planning Act 1999, a building lot may be further\nsubdivided under this Act into units and common property.\n(2) A further subdivision of a building lot under this Act can only be in a\nmanner that is consistent with the disclosure statement and the\nBy-laws.\n(3) If a building lot is further subdivided under this Act into units, the\nRegistrar-General must note on the certificate as to title of each unit\ninto which it is subdivided that the building lot comprising all the\nunits and common property in that further subdivision has the\nrelevant building lot entitlement for the purposes of this Act.\n(4) The Regulations may prescribe how the relevant entitlement of\neach unit into which a building lot is further subdivided is to be\ndetermined and an entitlement so determined may be expressed as\na number that is not a whole number.\n26ZW Restrictive covenants\nFor the purposes of imposing a restrictive covenant on the use of a\nbuilding lot in accordance with the disclosure statement, the\ncommon property is to be taken to be the dominant tenement for\nthe benefit of which the covenant is imposed (despite that no part of\nthe common property may be contiguous to the building lot) and the\nburden of the covenant runs with the land comprised in the building\nlot.\n\nUnit Titles Act 1975 49\n26ZX Disclosure statement part of contract of sale of building lot\n(1) Each contract entered into by a developer for the sale of a building\nlot, proposed building lot or other interest in a building development\nis, in addition to any other condition to which it is expressed to be\nsubject, to be taken to be subject to the condition that the developer\nwill construct and complete the building development in accordance\nwith the disclosure statement\n(2) For the purposes of subsection (1), a person who is a successor in\ntitle to a building lot or unit or interest is to be taken to be the\noriginal purchaser from or contractor with the developer and may\nenforce the contract accordingly.\n(3) For the purposes of subsection (1), the registered proprietor of a\nunit that was formed by the subdivision of a building lot or a\nproposed building lot is to be taken to be an original purchaser from\nthe developer.\n(4) A person is incapable of contracting out of the effect of\n26ZY Rights of developer in respect of access and development\nA developer has against the building management corporation of,\nand the proprietor of each building lot in the completed stage or\nstages of, a building development the rights in relation to the\nconstruction and access zones specified in the disclosure\nstatement in respect of each stage of the proposed building\ndevelopment as are provided in the disclosure statement.\n26ZZ Application of Part V\nThe Regulations may vary the application of Part V (other than\nDivision 1) and Schedule 1 in relation to a building management\ncorporation and the management of the affairs of the building\ndevelopment and the Part or Schedule, as varied, applies\naccordingly.\n26ZZA By-laws relating to building development\n(1) A building management corporation may, by special resolution, in\nrespect of its building development, make by-laws, not inconsistent\nwith this or any other law of the Territory, relating to:\n(a) the management, use and maintenance of the building\n(aa) the health and safety of persons;\n\nUnit Titles Act 1975 50\n(b) the control of vehicles in areas that are not part of public\nroadways;\n(c) the control of vessels;\n(d) the control of wharfs and berths;\n(e) the control of polluting substances and pollution control and\nclean-up;\n(f) the imposition and collection of dues and other fees and\ncharges incidental to the management, use and maintenance\nof the building development;\n(g) noise and other nuisance control;\n(h) the enforcement of the By-laws and prosecuting persons for\noffences against the By-laws;\n(i) the duties of owners and occupiers of building lots; and\n(j) any other matters that are necessary or convenient to be\nprovided for by by-laws.\n(2) By-laws relating to the further subdivision of a building lot under this\nAct cannot be inconsistent with the disclosure statement.\n(3) The By-laws may prescribe penalties, not exceeding 100 penalty\nunits, for a contravention of, or failure to comply with, the By-laws\nand, in addition, may prescribe a penalty, not exceeding\none penalty unit, for each day during which the offence continues.\n(4) A pecuniary penalty recovered on prosecution for an offence\nagainst the By-laws is payable to the building management\ncorporation and may be recovered by it as a debt due to it.\n(4A) Nothing in the By-laws limits or otherwise affects the operation of\nany other law of the Territory.\n(5) Section 57 of the Interpretation Act 1978 does not apply to the\nBy-laws.\n26ZZB Transitional\n(1) At any time before a building management corporation first meets\nafter its incorporation the Minister may make a by-law on any\nmatter that under section 26ZZA the building management\ncorporation could make a by-law.\n\nUnit Titles Act 1975 51\n(2) A by-law made under subsection (1) may be revoked or amended\nby a by-law under section 26ZZA by the building management\n","sortOrder":55},{"sectionNumber":"27A","sectionType":"section","heading":"Definitions","content":"27A Definitions\nthis Part includes a management module.\n","sortOrder":56},{"sectionNumber":"27","sectionType":"section","heading":"Body corporate – units plan other than building development","content":"27 Body corporate – units plan other than building development\nplan\n(1) On and after the registration of a units plan, including a units plan\nrelating to the first completed stage of a condominium development\nor on the issuing under the Real Property (Unit Titles) Act 1975 of\nthe first freehold title to land in an estate development, there is\nconstituted a body corporate under the name \"The Proprietors –\nUnits Plan No. \", the number to be included in the name being the\nnumber allotted to the units plan by the Registrar-General on its\nregistration.\n(2) The members of the body corporate are the persons who are\nproprietors, for the time being, of the units including, in the case of\na corporation relating to a condominium development or estate\ndevelopment, the units in each completed stage of the\ncondominium development or estate development.\n(3) However, if a new body corporate (the new corporation) is\nconstituted under this Act because of a subdivision of a part of the\nparcel to which the units plan relates:\n(a) the new corporation must be regarded as a member of the\nbody corporate (the parent corporation) constituted on the\nregistration of the units plan; and\n(b) the proprietors of the units resulting from the subdivision must\nnot be regarded as members of the parent corporation.\n(4) If subsection (3) applies, a reference in this Part to a proprietor\nconstituting the parent corporation:\n(a) includes a reference to the new corporation; and\n\nUnit Titles Act 1975 52\n(b) does not include a reference to the proprietors mentioned in\nsubsection (3)(b).\n(a) a reference to a units plan does not include a reference to a\nbuilding development plan; and\n(b) a reference to a body corporate does not include a reference\nto a building management corporation.\n","sortOrder":57},{"sectionNumber":"28","sectionType":"section","heading":"Body corporate – building development plan","content":"28 Body corporate – building development plan\n(1) On the registration of a building development plan there is\nconstituted a body corporate under the name \"The Proprietors –\nBuilding Development Plan No. \", the number to be included in\nthe name being the number allotted to the building development\nplan by the Registrar-General on its registration.\n(2) Despite subsection (1), the body corporate may call itself by\nanother name.\n(3) That other name:\n(a) must include the words \"Building Management Corporation\";\nand\n(b) must be registered with the Registrar-General.\n(4) The members of the body corporate are the persons who are\nproprietors, for the time being, of the building lots.\n(5) However, if a new body corporate (the new corporation) is\nconstituted under this Act because of a subdivision of a part of the\nparcel to which the building development plan relates:\n(a) the new corporation must be regarded as a member of the\nbody corporate (the parent corporation) constituted on the\nregistration of the building development plan; and\n(b) the proprietors of the units resulting from the subdivision must\nnot be regarded as members of the parent corporation.\n(6) If subsection (5) applies, a reference in this Part to a proprietor\nconstituting the parent corporation:\n(a) includes a reference to the new corporation; and\n(b) does not include a reference to the proprietors mentioned in\nsubsection (5)(b).\n\nUnit Titles Act 1975 53\n","sortOrder":58},{"sectionNumber":"29","sectionType":"section","heading":"Body corporate may appoint representative","content":"29 Body corporate may appoint representative\n(1) A body corporate that is a proprietor of a unit may appoint a person\nas its representative for this Part.\n(2) The appointment must be made in accordance with the\nmanagement module that applies to the corporation to which the\nunit plan for the unit relates.\n(3) While the appointment is in force, this Part applies to the\nrepresentative as if the representative were the proprietor.\n","sortOrder":59},{"sectionNumber":"30","sectionType":"section","heading":"Legal status, &c., of corporation","content":"30 Legal status, &c., of corporation\n(1) A corporation:\n(a) has perpetual succession;\n(b) shall have a common seal; and\n(c) may sue and be sued in its corporate name.\n(2) A corporation has the powers, authorities, duties and functions\nconferred or imposed on it by or under this Act and, subject to this\nAct, has the control, management and administration of the\n","sortOrder":60},{"sectionNumber":"30A","sectionType":"section","heading":"Seal of corporation","content":"30A Seal of corporation\n(1) The common seal of a corporation shall be kept:\n(a) where the corporation is constituted by one proprietor – by\nthat person; or\n(b) where the corporation is constituted by 2 or more proprietors –\nby such proprietor or committee-man as the corporation\ndetermines or, in the absence of such determination, by the\nsecretary of the committee.\n(2) The common seal of a corporation shall only be affixed to an\ninstrument or document in the presence of:\n(a) where the corporation is constituted by one or 2 proprietors –\nthat proprietor or those proprietors, as the case may be; or\n(b) where the corporation is constituted by more than\n2 proprietors – such 2 persons, being proprietors or\ncommittee-men, as the corporation determines or, in the\nabsence of such determination, the secretary and one other\ncommittee-man,\n\nUnit Titles Act 1975 54\nwho shall attest the fact and date of the affixing of the seal by his\nsignature or their signatures.\n(3) Notwithstanding subsections (1) and (2), a committee-man shall, for\nthe purpose of performing a duty or function or exercising a power\ndelegated to him under the management module that applies to the\ncorporation, be entitled to have the custody of the common seal of\nthe corporation and to affix it to an instrument or document and,\nwhere he so affixes it, shall attest the fact and date of the affixing of\nthe seal by his signature.\n(4) Where a committee-man referred to in subsection (3) has affixed\nthe common seal of the corporation to an instrument or document,\nhe shall be deemed to have done so under the authority of the\ndelegation.\n(5) Subsection (4) shall not operate so as to enable a person\nfraudulently to obtain a benefit from its operation, but a benefit that\naccrues to a person from the operation of that subsection shall be\ndeemed not to be fraudulently obtained if the benefit was first\nobtained by that person without fraud by him.\n","sortOrder":61},{"sectionNumber":"31","sectionType":"section","heading":"Corporation excluded matter under Corporations Act 2001","content":"31 Corporation excluded matter under Corporations Act 2001\nA corporation is declared to be an excluded matter for the purposes\nof section 5F of the Corporations Act 2001 in relation to the whole\nof the Corporations legislation to which Part 1.1A of that Act\napplies.\n","sortOrder":62},{"sectionNumber":"32","sectionType":"section","heading":"Corporation to act through committee","content":"32 Corporation to act through committee\n(1) On and after the constitution of a corporation, there shall be a\ncommittee of the corporation which, subject to this Act, shall\nperform all the duties and functions, and may exercise all the\npowers, imposed or conferred on the corporation.\n(2) Those duties and functions shall be performed and those powers\nshall be exercised by the committee in such manner as the\ncorporation by resolution passed at a general meeting directs or, in\nthe absence of such a resolution, in such manner as the committee\nthinks fit.\n","sortOrder":63},{"sectionNumber":"33","sectionType":"section","heading":"General provisions","content":"33 General provisions\n(1) A corporation shall perform the duties, may exercise the powers,\nand may perform the functions, imposed or conferred on it by or\nunder this Act.\n\nUnit Titles Act 1975 55\n(2) A corporation may do such things as are incidental or ancillary to\nthe performance of its duties or functions or to the exercise of its\npowers.\n","sortOrder":64},{"sectionNumber":"34","sectionType":"section","heading":"General duties","content":"34 General duties\nA corporation shall, subject to this Act and the Regulations:\n(a) be responsible for the enforcement of its articles and the\ncontrol, management and administration of the common\nproperty;\n(b) keep in a state of good repair and properly maintain the\ncommon property and all chattels in its possession, custody or\ncontrol; and\n(c) maintain in good repair and proper order and, if renewal is\nreasonably necessary, renew, all pipes, wires, cables, ducts,\nand apparatus and equipment of any kind used, or intended,\nadapted or designed for use, in the provision of services in\nrespect of which easements are created by section 25.\n","sortOrder":65},{"sectionNumber":"35","sectionType":"section","heading":"Banking and investment of moneys of corporation","content":"35 Banking and investment of moneys of corporation\n(1) A corporation must open and maintain an account with an ADI into\nwhich it must pay all moneys received by it and out of which must\nbe paid all expenditure incurred by it.\n(2) Subject to subsection (3), moneys of a corporation may be\ninvested:\n(a) in such manner as trust funds may be invested under the\nTrustee Act 1893; or\n(b) in such other manner as is authorised by a special resolution.\n(3) Moneys of a corporation shall not be invested in mortgages of land.\n","sortOrder":66},{"sectionNumber":"36","sectionType":"section","heading":"Contributions by members of the corporation","content":"36 Contributions by members of the corporation\n(1) A corporation shall, from time to time, determine the amount that it\nwill require by way of contributions from its members to discharge\nexpenditure that it may reasonably be expected to incur, or has\nincurred, by reason of the performance of the duties and functions\nand the exercise of the powers imposed or conferred on it by this\nAct.\n(2) A corporation shall, in a determination made under subsection (1),\nspecify the time within which, and the manner in which,\ncontributions so determined are to be paid by its members.\n\nUnit Titles Act 1975 56\n(3) Subject to this section and section 36A, the contribution payable in\nrespect of each unit is such amount as bears to the total amount\nreferred to in the determination the same proportion as the unit\nentitlement of the unit, as at the date of the determination, bears to\nthe aggregate unit entitlement of all the units as at that date.\n(4) Where:\n(a) a determination made under subsection (1) relates to\nexpenditure to be incurred by the corporation in discharge of a\nspecified liability; and\n(b) before the making of that determination, the corporation has,\nby a unanimous resolution, resolved that contributions for that\nexpenditure are payable in a proportion other than that\nspecified in subsection (3),\nthe contribution payable in respect of each unit for that expenditure\nis such amount as is ascertained in accordance with that resolution.\n(4A) If a determination under subsection (1) relates to expenditure to be\nincurred in discharge of a specified liability imposed on the\ncorporation that has been calculated using a formula, the\ncontribution payable in respect of each unit for that expenditure is to\nbe determined having regard to that formula unless before the\nmaking of the determination the corporation has, by a unanimous\nresolution, resolved otherwise.\n(5) The corporation shall cause notice of each determination made\nunder subsection (1) to be given to its members and shall, in the\nnotice given to a member, specify the amount payable by him in\nrespect of his unit and the time within which, and the manner in\nwhich, that amount is payable.\n(6) If an amount payable in respect of a unit is not paid within the\nperiod specified in the notice, that amount is recoverable as a debt\ndue to the corporation from the person who was the proprietor of\nthe unit on the date on which the notice was so given and from the\nperson who is the proprietor of that unit on the date on which the\naction is instituted.\n(7) The liability under subsection (6) is joint and several.\n","sortOrder":67},{"sectionNumber":"36A","sectionType":"section","heading":"Apportionment of expenditure in respect of condominium or","content":"36A Apportionment of expenditure in respect of condominium or\nestate development\nNotwithstanding anything in this Part, moneys due to or held by a\ncorporation immediately before the registration of a units plan\nrelating to a second or subsequent completed stage of a\ncondominium development or estate development shall be\n\nUnit Titles Act 1975 57\napportioned for expenditure on or in relation to the completed units\nand common property in the condominium development or estate\ndevelopment immediately before the registration of the units plan\nrelating to that second or subsequent completed stage of the\ncondominium development or estate development.\n","sortOrder":68},{"sectionNumber":"37","sectionType":"section","heading":"Statement of members' liability to corporation and inspection","content":"37 Statement of members' liability to corporation and inspection\nof books, &c.\n(1) This section applies to the following persons:\n(a) the proprietor or mortgagee of a unit; and\n(b) a person who produces the consent in writing of the proprietor\nof a unit to the making of a request under this section.\n(2) A person to whom this section applies may request the relevant\ncorporation:\n(a) to issue to him within 14 days after the request is received by\nthe corporation, a certificate under the seal of the corporation\ncertifying whether or not any amount that is payable under\nsection 36 by way of contribution in respect of that unit is\nunpaid on the date of the certificate and, if so, the amount\nunpaid and the date on or before which the amount is, or will\nbecome, due; or\n(b) to make, as soon as is reasonably practicable after the\nrequest is received by the corporation, the books and records\nof the corporation available for his inspection and to give him\nreasonable opportunity to inspect those books and records.\n(3) A request under this section shall be in writing.\n(4) The corporation is entitled to charge a fee for supplying the\ncertificate or making available the books and records under this\nsection not exceeding the cost to the corporation of providing that\nservice.\n(5) If default has been made by a corporation in complying with a\nrequest made under this section, each person who was, at the time\nwhen the default occurred, a committee-man of the corporation is,\nunless he proves that he took reasonable steps to ensure that the\ndefault did not occur or proves that the default occurred without his\nknowledge, guilty of an offence.\n(6) Where a person has acted in good faith on a matter stated in a\ncertificate issued by the corporation under this section, then, in an\n\nUnit Titles Act 1975 58\naction by or against the corporation, the corporation is estopped, as\nagainst that person, from denying the truth of that or any other\nmatter stated in the certificate.\n","sortOrder":69},{"sectionNumber":"38","sectionType":"section","heading":"Names and addresses of committee-men","content":"38 Names and addresses of committee-men\nA corporation shall comply with any reasonable request for the\nnames and addresses of its committee-men.\n","sortOrder":70},{"sectionNumber":"39","sectionType":"section","heading":"No business to be carried on","content":"39 No business to be carried on\n(1) Except as provided by this section or in the course of, and for the\npurpose of, exercising its powers and performing its functions and\nduties, a corporation shall not carry on business.\n(1A) A corporation may own, manage, dispose of or otherwise deal with\na unit created by the subdivision under Part IIIA of common\nproperty, but the corporation shall not have any voting rights in\nrelation to the unit at a meeting of the corporation, neither can it\nappoint a committee-man by virtue of its ownership of the unit.\n(2) If default has been made by a corporation in complying with\nsubsection (1), each person who was, at the time when the default\noccurred, a committee-man of the corporation is, unless he proves\nthat he took reasonable steps to ensure that the default did not\noccur or proves that the default occurred without his knowledge,\nguilty of an offence.\n","sortOrder":71},{"sectionNumber":"40","sectionType":"section","heading":"Borrowing powers","content":"40 Borrowing powers\nA corporation may, if authorised by a resolution without dissent:\n(a) borrow moneys required by it for the purpose of performing its\nduties or functions or exercising its powers; and\n(b) secure the repayment of moneys borrowed by it and the\npayment of interest on those moneys.\n","sortOrder":72},{"sectionNumber":"41","sectionType":"section","heading":"Breaches of articles may be remedied","content":"41 Breaches of articles may be remedied\n(1) If a person who is bound by a provision of the articles of a\ncorporation commits a breach of that provision by act or omission,\nthe corporation may serve upon that person a notice in writing\ngiving particulars of the breach and requiring him to remedy the\nbreach within a reasonable time specified in the notice.\n\nUnit Titles Act 1975 59\n(2) If the person upon whom the notice has been served fails to\nremedy the breach within the time specified in the notice, the\ncorporation may itself remedy the breach.\n","sortOrder":73},{"sectionNumber":"42","sectionType":"section","heading":"Acquisition and alienation of property","content":"42 Acquisition and alienation of property\n(1) A corporation may, if authorised by special resolution:\n(a) purchase, hire or otherwise acquire, or accept, personal\nproperty (not being a leasehold interest) for its own use or for\nany use in connection with the use and enjoyment of the\ncommon property; and\n(b) dispose of any property so purchased, acquired or accepted.\n(2) A corporation may, if authorised by resolution without dissent:\n(a) grant an easement over any portion of the common property;\n(b) acquire or accept an easement granted for the benefit of the\ncommon property; or\n(c) release an easement so granted, acquired or accepted,\nbut an easement shall not be so granted, acquired, accepted or\nreleased except upon such terms and conditions and for such\npurposes as are specified in the resolution.\n(3) Subject to sections 39(1A) and 42A, a corporation is not capable,\neither at law or in equity, of acquiring or possessing any interest in\nland (not being an easement granted for the benefit of the common\nproperty).\n","sortOrder":74},{"sectionNumber":"42A","sectionType":"section","heading":"Acquisition of additional common property","content":"42A Acquisition of additional common property\n(1) In this section, land means land held for an estate in fee simple.\n(2) A corporation may, if authorised by a resolution without dissent,\naccept a transfer or grant of land (not being a unit within the parcel)\nwhich is contiguous to the parcel but which is not subject to a\nmortgage, charge or writ, for the purpose of creating additional\ncommon property and, upon so doing, shall forthwith cause the\ndealing evidencing the transaction to be registered under the Land\nTitle Act 2000.\n\nUnit Titles Act 1975 60\n(3) On the registration under the Land Title Act 2000 of a transfer or\ngrant referred to in subsection (2):\n(a) the land comprised in the transfer or grant becomes common\nproperty and is subject to the provisions of this Act relating to\ncommon property; and\n(b) the Registrar-General shall make in the Register such\nrecordings in relation to that land as he thinks fit.\n","sortOrder":75},{"sectionNumber":"42B","sectionType":"section","heading":"Leasing of common property","content":"42B Leasing of common property\n(1) A corporation may, if authorised by a resolution without dissent of\nthe corporation, grant a lease of the common property.\n(2) An estate management corporation may, if authorised by a special\nresolution of the corporation, grant a lease of the common property.\n(3) A building management corporation may, if authorised by a special\nresolution of the corporation, grant a lease of the common property.\n","sortOrder":76},{"sectionNumber":"43","sectionType":"section","heading":"Agreements with members","content":"43 Agreements with members\nA corporation may, if authorised by a special resolution, enter into\nand carry out an agreement with a proprietor or occupier of a unit\nproviding for the repair or maintenance of the unit or for the\nprovision of amenities or services by it to that unit or to that\nproprietor or occupier.\n","sortOrder":77},{"sectionNumber":"44","sectionType":"section","heading":"Special privileges relating to common property","content":"44 Special privileges relating to common property\n(1) A corporation may, if authorised by a unanimous resolution or as\notherwise prescribed, grant to a member, or any person who has\nderived an interest in a unit through a member, any special privilege\n(not being a lease) in respect of the enjoyment of part or parts of\nthe common property.\n(2) A grant under subsection (1) may be terminated by notice in writing\ngiven by the corporation to the grantee in accordance with a special\nresolution.\n","sortOrder":78},{"sectionNumber":"45","sectionType":"section","heading":"Recovery of certain repairs, &c.","content":"45 Recovery of certain repairs, &c.\n(1) Where a corporation has performed any act which it was required\nor authorised by its articles or by or under this Act or any other law\nin force in the Territory to perform, and which related to one unit\nonly or some of the units only, any money expended by the\ncorporation in performing that act is recoverable by the corporation\nas a debt from the proprietor or proprietors, for the time being, of\nthat unit or those units, as the case may be.\n\nUnit Titles Act 1975 61\n(2) Where the act referred to in subsection (1) related to some of the\nunits only the amount recoverable from a proprietor in respect of a\nunit bears to the whole amount of the debt the same proportion as\nthe unit entitlement of the unit bears to the aggregate unit\nentitlement of all those units.\n(3) For the purposes of this section:\n(a) act includes repairs and work; and\n(b) an act shall be deemed to relate to a unit if, but only if, the act\nis wholly or substantially for the benefit of the unit or wholly or\nsubstantially the liability or the responsibility of the proprietor\nof the unit.\n","sortOrder":79},{"sectionNumber":"46","sectionType":"section","heading":"Recovery of expenditure resulting from fault","content":"46 Recovery of expenditure resulting from fault\nWhere a corporation has incurred any expenditure or performed\nany repairs, work or act that it was required or authorised by its\narticles or by or under this Act or any other law in force in the\nTerritory to perform, the expenditure, repairs, work or act having\nbeen rendered necessary by reason of any wilful or negligent act or\nomission on the part of, or breach of any provision of its articles by,\na member of the corporation, the amount of that expenditure or any\nmoney expended by it in performing the repairs, work or act is\nrecoverable by it from that member as a debt.\n","sortOrder":80},{"sectionNumber":"47","sectionType":"section","heading":"Liability of co-proprietors","content":"47 Liability of co-proprietors\nWhere 2 or more persons are proprietors of a unit and an amount is\nrecoverable under section 36 or 45 from the proprietor of that unit,\nthe liability of those persons in respect of the payment of that\namount is joint and several.\n","sortOrder":81},{"sectionNumber":"47A","sectionType":"section","heading":"Restrictions on powers of corporation","content":"47A Restrictions on powers of corporation\n(1) Notwithstanding anything contained elsewhere in this Act, a\ncorporation shall not, during the initial period:\n(a) amend, rescind or add to its articles, or make articles in the\nplace of articles rescinded, in such a manner that a right is\nconferred or an obligation is imposed on one or more, but not\nall, proprietors or in respect of one or more, but not all, units;\n(b) alter common property forming part of a building, or erect a\nstructure, on the common property; or\n(c) borrow moneys or give securities,\n\nUnit Titles Act 1975 62\nunless the doing of that thing is authorised by an order of the\nTribunal.\n(2) Without affecting any other remedy available against an original\nproprietor, where a corporation contravenes subsection (1):\n(a) the original proprietor is liable for any loss suffered by the\ncorporation or a proprietor as a result of the contravention;\nand\n(b) the corporation or a proprietor may recover from the original\nproprietor, as damages for breach of statutory duty, any loss\nsuffered by it or him,\nunless:\n(c) the contravention occurred without the knowledge of the\noriginal proprietor;\n(d) the original proprietor was not in a position to influence the\nconduct of the corporation in relation to the contravention; or\n(e) the original proprietor, being in such a position, used all due\ndiligence to prevent the contravention.\n(3) In this section initial period means the period commencing on the\nday on which the corporation is constituted and ending on the day\non which there are proprietors of units the subject of the units plan\n(other than the original proprietor) the sum of whose unit\nentitlements is not less than one third of the aggregate unit\nentitlement.\n","sortOrder":82},{"sectionNumber":"51","sectionType":"section","heading":"Chairman, secretary and treasurer of committee","content":"51 Chairman, secretary and treasurer of committee\n(1) The committee-men shall, at the first meeting of a committee after\nthey assume office, appoint a chairman, a secretary and a treasurer\nof the committee.\n(2) A person:\n(a) shall not be appointed to an office referred to in subsection (1)\nunless he is a committee-man; and\n(b) may be appointed to one or more of those offices.\n\nUnit Titles Act 1975 63\n(3) A person appointed to an office referred to in subsection (1) shall\nhold office until:\n(a) he ceases to be a committee-man;\n(b) the receipt by the corporation from him of notice in writing of\nhis resignation from that office; or\n(c) another person is appointed by the committee to hold that\noffice,\nwhichever first occurs.\n(4) The chairman shall preside at all meetings of the committee at\nwhich he is present and, if he is absent from a meeting, the\ncommittee-men present at that meeting shall appoint one of their\nnumber to preside at that meeting during the absence of the\nchairman.\n(5) A person shall not exercise the powers, or perform any of the\nauthorities, duties or functions of the corporation or the treasurer of\nthe corporation, being powers, authorities, duties or functions\nrelating to the receipt or expenditure of, or accounting for, moneys,\nor the keeping of the books of account, of the corporation, unless\nhe is:\n(a) a member of the corporation or a committee-man and is the\ntreasurer of the corporation or of the committee; or\n(b) a person with whom the treasurer of the corporation is\nrequired by an order of the committee to jointly exercise that\npower or perform jointly that authority, duty or function, and\nwho is enabling the treasurer to comply with the order.\n(6) The treasurer of a corporation may delegate the exercise of any of\nhis powers (other than this power of delegation), or the\nperformance of any of his authorities, duties or functions as\ntreasurer, the delegation of which is specifically approved by the\ncommittee, to another committee-man so approved, subject to such\nlimitations as to time or otherwise as are so approved and, while a\ndelegate is acting in accordance with the delegation, he shall be\ndeemed to be the treasurer of the corporation.\n(7) The committee of a corporation, may by notice in writing served on\nthe treasurer of the corporation, order that he shall not exercise any\nof his powers, or perform any of his authorities, duties or functions\nthat are specified in the notice, unless he does so jointly with\nanother person so specified.\n\nUnit Titles Act 1975 64\n(8) A person who has possession or control of any:\n(a) records, books of account or keys belonging to a corporation;\nor\n(b) other property of a corporation,\nshall, within 7 days after service on him of notice of a resolution of\nthe committee requiring him to do so, deliver those records, books\nof account or keys or that other property to a committee-man\nspecified in the notice.\nMaximum penalty: 1 000 penalty units.\n","sortOrder":83},{"sectionNumber":"53","sectionType":"section","heading":"Statutory restrictions on powers of corporation or committee","content":"53 Statutory restrictions on powers of corporation or committee\n(1) Unless otherwise determined pursuant to a special resolution of the\ncorporation, a committee shall not, in any one case, undertake\nexpenditure exceeding the amount determined under section 36(1).\n(1A) Notwithstanding subsection (1), a corporation or committee shall\nnot cause an improvement to be made to the common property\nthat, in any one case, exceeds the prescribed amount (or where no\namount is prescribed, exceeds the amount calculated by multiplying\n300 monetary units by the number of units) unless:\n(a) it does so in pursuance of a resolution passed in general\nmeeting without dissent; or\n(b) it resolves by special resolution in general meeting that the\nimprovement is essential for the health, safety or security of\nusers of the common property; or\n(c) it does so to comply with a notice or order served on it by a\npublic authority or local government council.\n(2) Where proposed expenditure would exceed an amount referred to\nin subsection (1), the committee shall:\n(a) submit the proposal for determination at an extraordinary\ngeneral meeting of the corporation convened for the purpose\nof, or for purposes which include, consideration of the\nproposal; and\n(b) if the proposed expenditure is in respect of work to be\nperformed or the purchase of personal property, submit at\nleast 2 tenders to that meeting with the proposal.\n\nUnit Titles Act 1975 65\n(3) Subsection (1) does not apply to the expenditure of moneys:\n(a) in payment of a premium of insurance effected by or on behalf\nof the corporation; or\n(b) to comply with a notice or order served on the corporation by a\npublic authority or local government council; or\n(c) in discharge of a liability incurred in respect of an obligation of\nthe corporation authorised by the corporation in general\nmeeting.\n","sortOrder":84},{"sectionNumber":"57","sectionType":"section","heading":"Validity of acts of committee","content":"57 Validity of acts of committee\nNo act done in good faith by the committee is invalidated merely by\nreason of the fact that at the relevant time there was some defect in\nthe appointment or continuance in office of a committee-man.\n","sortOrder":85},{"sectionNumber":"58","sectionType":"section","heading":"Management modules","content":"58 Management modules\n(1) The regulations may:\n(a) prescribe management modules for corporations; and\n(b) provide for the application to a corporation of a management\nmodule; and\n(c) make other provisions (such as transitional provisions) for the\napplication.\n(2) A management module must specify:\n(a) how a corporation may make a decision (including, for\nexample, requirements about meetings and voting of the\ncommittee of the corporation); and\n(b) the records that must be kept by the corporation; and\n(c) any other requirements about the management of the\n(3) Without limiting subsection (1)(c), the regulations may provide:\n(a) for a specified period after the commencement of this\nsection – the application to a corporation of this Part as in\nforce before the commencement; and\n\nUnit Titles Act 1975 66\n(b) the application of a management module to the corporation\nafter the end of the period.\n","sortOrder":86},{"sectionNumber":"76","sectionType":"section","heading":"Articles of corporation","content":"76 Articles of corporation\nOn and after the constitution of a corporation by section 27, the\narticles set out in Schedule 1 shall, subject to any amendment or\nrescission of, or addition to, those articles made under section 78,\nbe the articles of the corporation.\n","sortOrder":87},{"sectionNumber":"77","sectionType":"section","heading":"Effect of articles","content":"77 Effect of articles\n(1) The corporation and each of the members of the corporation are\nbound by, and have the rights conferred by, the articles of the\ncorporation to the same extent as if:\n(a) the corporation and each member had agreed under seal with\neach other and each other member to be bound by the\narticles; and\n(b) the articles contained covenants on the part of the corporation\nand each member to observe all the provisions of the articles.\n(2) Unless the articles of the corporation otherwise provide, an\noccupier of a unit, not being the proprietor of the unit, is bound by\nthe articles of the corporation as if he were the proprietor of the unit.\n","sortOrder":88},{"sectionNumber":"78","sectionType":"section","heading":"Alteration of articles","content":"78 Alteration of articles\n(1) A corporation may, by special resolution, alter its articles by\namending, rescinding or adding to its articles or by making articles\nin the place of articles rescinded.\n(2) Subject to subsection (3) an alteration of the articles of a\ncorporation under subsection (1):\n(a) has no force or effect unless a copy of the special resolution\nmaking the alteration, certified under the seal of the\ncorporation as a true copy, is lodged with and registered by\nthe Registrar-General; and\n(b) has force and effect on and from the date of its registration or\nsuch later date as is fixed by the special resolution.\n\nUnit Titles Act 1975 67\n(3) To the extent that an alteration of the articles of a corporation made\nunder subsection (1) or (2) results in a provision of the articles:\n(a) being inconsistent with this Act other than a provision in\nSchedule 1;\n(b) imposing a duty or conferring a power on the corporation\nwhich is not incidental or ancillary to the performance of the\nduties or functions, or the exercise of the powers, imposed or\nconferred on it by this Act; or\n(c) prohibiting or restricting the devolution, transfer, lease or\nmortgage of, or any other dealing with:\n(i) an interest in a unit; or\n(ii) the equitable estate of the proprietor of a unit in the\ncommon property,\nthe alteration has no force or effect.\n","sortOrder":89},{"sectionNumber":"78A","sectionType":"section","heading":"Copy of articles to be provided","content":"78A Copy of articles to be provided\n(1) Where a unit or common property the subject of a units plan is\nleased, otherwise than to a proprietor of a unit, for the purpose of its\nbeing used as, or in connection with, a residence, the lessor shall,\nwithin 7 days after the lessee's becoming entitled under the lease to\npossession of the unit or common property, provide the lessee, in\naccordance with subsection (2), with a copy of the articles of the\ncorporation for the time being in force in respect of the units plan.\n(2) A lessee is provided with a copy of the articles in accordance with\nthis section if the copy is:\n(a) in any case, served personally on the lessee;\n(b) where the lease relates to a unit or common property that is\nfully enclosed by walls or other structures – left in a\nconspicuous position at the unit or on the common property; or\n(c) where the lease relates to a unit – served by leaving it with a\nperson, who apparently has attained the age of 16 years, at\nthe address of the unit or by posting it by prepaid post to the\nlessee at that address.\n\nUnit Titles Act 1975 68\n","sortOrder":90},{"sectionNumber":"79","sectionType":"section","heading":"Application of Interpretation Act 1978","content":"79 Application of Interpretation Act 1978\n(1) The Interpretation Act 1978 applies to and in relation to the articles\nof a corporation as if the articles were an Act and as if each article\nwere a section of an Act.\n(2) Expressions used in the articles of a corporation have, unless the\ncontrary intention appears, the same meaning as in this Act.\n79AA Requirements for by-laws\n(1) This Part applies to the by-laws of a corporation.\n(2) A by-law, including any amendment to a by-law, has no effect\nunless it is:\n(a) certified by the schemes supervisor under section 79AB(5)(a);\nand\n(b) lodged with the Registrar-General under section 79AC.\n(3) A reference to an amendment of a by-law includes the repeal or\nrevocation of the by-law.\n79AB Review and certification of by-laws\n(1) A corporation must, in accordance with the directions of the\nschemes supervisor, submit the following for review by the\nschemes supervisor:\n(a) any by-law it makes;\n(b) any amendment it makes to a by-law.\n(2) A corporation may also submit a by-law, or an amendment to a\nby-law, that it proposes to make for review by the schemes\nsupervisor.\n(3) A consolidation of a by-law that includes an amendment may be\nsubmitted for review instead of the amendment or proposed\namendment.\n(4) The schemes supervisor must review the by-law, amendment or\nconsolidation, on receipt of it and the prescribed fee, to ensure that\nit complies with the following criteria:\n(a) it is authorised under this Act;\n\nUnit Titles Act 1975 69\n(b) it does not constitute an unusual or unexpected use of the\nauthority under which it is made;\n(c) its form and style are in accordance with established\nstandards;\n(d) its content is logically consistent within itself and, in the case\nof an amendment, with any by-law being amended.\n(5) The schemes supervisor must, within 28 days of receipt of the\nby-law, amendment or consolidation:\n(a) certify that it complies with the criteria in subsection (4); or\n(b) refuse to certify it and give the corporation written reasons\nwhy it does not comply with those criteria.\n(6) If the schemes supervisor refuses to certify the by-law, amendment\nor consolidation:\n(a) it may be modified to comply with the criteria and a new\nby-law, amendment or consolidation submitted to the schemes\nsupervisor for review in accordance with subsection (4); or\n(b) the corporation may apply to have the decision of the\nschemes supervisor reviewed by the Tribunal under\nsection 79AD.\n(7) In the absence of evidence to the contrary, the schemes supervisor\nis taken to have refused to certify the by-law, amendment or\nconsolidation if the schemes supervisor has not responded within\nthe time allowed under subsection (5).\n79AC Lodgement of by-laws\n(1) A corporation must, in accordance with the directions of the\nRegistrar-General, lodge with the Register-General any by-law,\namendment or consolidation that is certified by the schemes\nsupervisor within 28 days of the certification.\n(2) A by-law, amendment or consolidation cannot be lodged unless it is\ncertified by the schemes supervisor.\n79AD Review by the Tribunal\n(1) The Tribunal has jurisdiction to review a decision by the schemes\nsupervisor to certify or refuse to certify a by-law or an amendment\nor consolidation of a by-law.\n\nPart VA Duties, &c., of proprietors and other occupiers of units\nUnit Titles Act 1975 70\n(2) The corporation and members have the right to have the decision\nreviewed by the Tribunal.\n(3) The applicant for review must serve notice of the application on the\nmembers and, if the applicant is not the body corporate, on the\nbody corporate.\n(4) The interests of the body corporate and all members are taken to\nbe affected by the review, to join them as parties under section 128\nof the Northern Territory Civil and Administrative Tribunal Act 2014.\n(5) After reviewing the decision, the Tribunal may, in addition to its\nother powers, order that a change be made to a by-law,\namendment or consolidation if it is satisfied that:\n(a) the change is necessary to comply with the criteria in\nsection 79AB(4); and\n(b) the body corporate had a reasonable opportunity to make a\nsubmission to the Tribunal about the change; and\n(c) a member who could be adversely affected by the change had\na reasonable opportunity to make a submission to the Tribunal\nabout the change.\nNote for section 79AD\nThe Northern Territory Civil and Administrative Tribunal Act 2014 contains other\nprovisions relevant to the review.\nPart VA Duties, &c., of proprietors and other occupiers\nof units\n","sortOrder":91},{"sectionNumber":"79A","sectionType":"section","heading":"Duties of proprietors and other occupiers of units","content":"79A Duties of proprietors and other occupiers of units\nA proprietor, mortgagee in possession (whether by himself or\nanother person), lessee or occupier of a unit shall not:\n(a) do any thing or permit any thing to be done on, in or in relation\nto that unit so that:\n(i) support or shelter provided by that unit for another unit\nor common property is interfered with; or\n(ii) the passage or provision of water, sewerage, drainage,\ngas, electricity, garbage, artificially heated or cooled air,\nheating oil and other services (including telephone, radio\nand television services) through or by means of a pipe,\nwire, cable or duct for the time being in the unit is\ninterfered with;\n\nUnit Titles Act 1975 71\n(b) use or enjoy that unit, or permit that unit to be used or\nenjoyed, in such a manner or for such a purpose as to cause a\nnuisance or hazard to the occupier of another unit (whether\nthat person is a proprietor or not); or\n(c) subject to sections 42B and 44, use or enjoy the common\nproperty in such a manner or for such a purpose as to\ninterfere unreasonably with the use or enjoyment of the\ncommon property by the occupier of another unit (whether that\nperson is a proprietor or not) or by any other person entitled to\nthe use and enjoyment of the common property.\n","sortOrder":92},{"sectionNumber":"80A","sectionType":"section","heading":"Application of Part","content":"80A Application of Part\n(1) This Part does not apply to or in relation to the corporation of an\nestate development except in relation to improvements and\nbuildings the common property of the estate development.\n(2) Except as prescribed by the Regulations, this Part applies to a\nbuilding management corporation and a reference to a corporation\nis to be taken to include a building management corporation.\n","sortOrder":93},{"sectionNumber":"80","sectionType":"section","heading":"Insurance by corporation","content":"80 Insurance by corporation\n(1) Subject to subsection (3), a corporation shall insure and keep\ninsured all buildings and other improvements on the parcel for their\nreplacement value from time to time against all the following risks:\n(a) fire, lightning, tempest, earthquake and explosion;\n(b) riot, civil commotion, strikes and labour disturbances;\n(c) malicious damage;\n(d) bursting, leaking and overflowing of boilers, water tanks, water\npipes and associated apparatus; and\n(e) impact of aircraft (including parts of, and objects falling from\naircraft) and of road vehicles, horses and cattle.\n(2) Subject to subsection (3), a corporation shall insure itself and keep\nitself insured against liability in respect of:\n(a) death, bodily injury or illness; or\n(b) loss of, or damage to, property,\n\nUnit Titles Act 1975 72\noccurring in connection with the common property as a result of an\naccident, for such aggregate amount of liability, being not less than\nthe prescribed amount or, where no amount is prescribed,\n$2,000,000 at any one time, as is determined by the corporation.\n(3) A corporation may, by unanimous resolution resolve that it will not\ninsure against such of the risks referred to in subsections (1)\nand (2) as are specified in the resolution, and, in that event, the\ncorporation is not required by this section to insure against a risk so\nspecified.\n(4) Where a corporation has, under subsection (3), resolved that it will\nnot insure against a particular risk, a proprietor or mortgagee of a\nunit may at any time serve on the corporation a written notice\nrequiring it to insure against that risk.\n(5) 28 days after the receipt by the corporation of the notice, the\nunanimous resolution ceases to have effect in relation to the risk\nspecified in the notice and the corporation shall, in accordance with\nsubsection (1) or (2), as the case may be, insure against that risk.\n(6) As soon as is practicable after the receipt by the corporation of the\nnotice, the corporation shall notify every member and every\nmortgagee of a unit:\n(a) of the particulars of the notice and the date of its receipt; and\n(b) of the date on and from which the risk specified in the notice\nis, or is to be, covered by insurance effected by the\n(7) Nothing in this section shall be construed as limiting the right of a\ncorporation to effect such additional insurance as it determines.\n(8) In this section risk includes any liability referred to in\nsubsection (2).\n","sortOrder":94},{"sectionNumber":"81","sectionType":"section","heading":"Insurable interests of corporation","content":"81 Insurable interests of corporation\nFor all purposes connected with any insurance effected by it under\nsection 80(1), a corporation shall be deemed to have an insurable\ninterest in the buildings and improvements on the parcel to the\nextent of their replacement value.\n","sortOrder":95},{"sectionNumber":"82","sectionType":"section","heading":"Corporation's insurance moneys not to be brought into","content":"82 Corporation's insurance moneys not to be brought into\ncontribution\nThe moneys received by a corporation under a policy of insurance\neffected by it under section 80(1) in respect of any buildings or\nother improvements on the parcel shall not be liable to be brought\n\nUnit Titles Act 1975 73\ninto contribution with moneys received under any other policy of\ninsurance except another policy effected under that subsection in\nrespect of the same buildings or improvements.\n","sortOrder":96},{"sectionNumber":"83","sectionType":"section","heading":"Inspection of policies and receipts for premiums","content":"83 Inspection of policies and receipts for premiums\nA corporation shall, on the written request of a member or the\nmortgagee of a unit, produce for inspection by the member or\nmortgagee the policy of insurance effected by the corporation and\nthe receipt for premiums paid under that policy.\n","sortOrder":97},{"sectionNumber":"84","sectionType":"section","heading":"Mortgage insurance of unit","content":"84 Mortgage insurance of unit\nWhere the estate or interest of the proprietor of a unit is subject to a\nmortgage, the proprietor may effect one or more policies of\ninsurance that indemnify him against liability under the mortgage,\nbeing liability arising out of damage to, or destruction of, the unit.\n","sortOrder":98},{"sectionNumber":"85","sectionType":"section","heading":"Payment under policy","content":"85 Payment under policy\nWhere a policy of insurance is in force under section 84, the insurer\nis liable to pay to the mortgagee whose interest is noted on the\npolicy or, if there are 2 or more such mortgagees, to those\nmortgagees in their order of registered priority:\n(a) the sum insured as stated in the policy;\n(b) the amount of the loss; or\n(c) the amount sufficient, at the date of the loss, to discharge the\nmortgage noted on the policy,\nwhichever is the least amount.\n","sortOrder":99},{"sectionNumber":"86","sectionType":"section","heading":"Transfer of mortgagee's interest to insurer","content":"86 Transfer of mortgagee's interest to insurer\nPayment by the insurer to a mortgagee under section 85 does not\nentitle the mortgagor to a discharge of the mortgage, but, upon that\npayment:\n(a) if the amount paid equals the amount necessary to discharge\nthe mortgage, the insurer is entitled to obtain from the\nmortgagee a transfer of the mortgage; or\n(b) if the amount paid is less than the amount necessary to\ndischarge the mortgage, the insurer is entitled to obtain from\nthe mortgagee a transfer of an undivided share of the\nmortgagee's estate and interest in the mortgage that bears to\nthat estate and interest the same proportion as the amount\npaid bears to the amount that was owing under the mortgage\n\nUnit Titles Act 1975 74\nimmediately before the payment.\n","sortOrder":100},{"sectionNumber":"87","sectionType":"section","heading":"Mortgage insurance moneys not to be brought into","content":"87 Mortgage insurance moneys not to be brought into\ncontribution\nThe moneys received under a policy of insurance effected in\nrelation to a unit by the proprietor of that unit under section 84 shall\nnot be brought into contribution with moneys received under any\nother policy of insurance except another policy effected under that\nsection which indemnifies that person against liability arising out of\ndamage to, or destruction of, that unit.\n","sortOrder":101},{"sectionNumber":"88","sectionType":"section","heading":"Other insurance by proprietor","content":"88 Other insurance by proprietor\nNothing in this Part shall be construed as limiting the right of a\nproprietor of a unit to insure against damage to, or destruction of,\nthe unit to the extent of its replacement value.\n","sortOrder":102},{"sectionNumber":"89","sectionType":"section","heading":"Application of insurance moneys","content":"89 Application of insurance moneys\nSubject to this Act and to any order of the Tribunal, where a\ncorporation receives insurance moneys in respect of damage to, or\ndestruction of, any building or improvement on the parcel, it shall,\nwithout delay, apply those moneys to rebuilding and reinstating the\nbuilding or improvement.\n","sortOrder":103},{"sectionNumber":"89A","sectionType":"section","heading":"Application of Part","content":"89A Application of Part\nThis Part applies to a building management corporation and a\nreference to a corporation is to be taken to include a building\n","sortOrder":104},{"sectionNumber":"90","sectionType":"section","heading":"Appointment of administrator","content":"90 Appointment of administrator\n(1) A corporation, a creditor of a corporation or a person having an\nestate or interest in a unit may apply to the Tribunal for the\nappointment as administrator of the corporation of a person who\nhas consented to act in that capacity.\n(2) On an application made under subsection (1), the Tribunal may, in\nits discretion and on cause shown, by order, appoint the person\nnamed in the application to be administrator of the corporation on\nsuch terms and conditions as to remuneration or otherwise as it\nthinks fit.\n\nUnit Titles Act 1975 75\n(3) The remuneration of an administrator of a corporation and the\nexpenses incurred by him in the performance of his duties and\nfunctions and the exercise of his powers as an administrator shall\nbe deemed to be expenditure incurred by the corporation.\n","sortOrder":105},{"sectionNumber":"91","sectionType":"section","heading":"Removal or replacement of administrator","content":"91 Removal or replacement of administrator\nOn an application made by the administrator of a corporation, the\ncorporation or a person referred to in section 90(1), the Tribunal\nmay, in its discretion, by order, remove or replace the administrator\nof the corporation.\n","sortOrder":106},{"sectionNumber":"92","sectionType":"section","heading":"Notice to Registrar-General and corporation of order under","content":"92 Notice to Registrar-General and corporation of order under\nsection 90 or 91\nIn an order under either section 90 or 91 the Tribunal shall give\nsuch directions as it thinks fit with respect to the giving of notice of\nthe order to the Registrar-General and to the corporation.\n","sortOrder":107},{"sectionNumber":"93","sectionType":"section","heading":"Duties, functions and powers of administrator","content":"93 Duties, functions and powers of administrator\n(1) Subject to this section, the administrator of a corporation shall\nperform the duties, and may exercise the powers and perform the\nfunctions, of the corporation, its committees and officers to the\nexclusion of the corporation and its committee.\n(2) Except with the approval of the Tribunal, the administrator of a\ncorporation shall not do any act that is required by this Act to be\nauthorised by a unanimous resolution.\n(3) On application made to the Tribunal by the administrator of a\ncorporation or a person referred to in section 90(1), the Tribunal\nmay give such directions as it thinks fit with regard to the manner in\nwhich the administrator shall perform his duties and functions and\nexercise his powers.\n","sortOrder":108},{"sectionNumber":"94","sectionType":"section","heading":"Administrator may delegate duties, functions and powers","content":"94 Administrator may delegate duties, functions and powers\n(1) An administrator of a corporation may, by writing under his hand,\ndelegate to any person, either generally or otherwise as provided\nby the instrument of delegation, all or any of his duties, functions\nand powers, except this power of delegation.\n(2) A duty so delegated shall be performed, and a function or power so\ndelegated may be performed or exercised, by the delegate in\naccordance with the instrument of delegation.\n(3) A delegation under this section is revocable at will and does not\nprevent the performance of a duty or function, or the exercise of a\npower, by the administrator of the corporation.\n\nUnit Titles Act 1975 76\n","sortOrder":109},{"sectionNumber":"98","sectionType":"section","heading":"Approval of scheme for alteration of units plan","content":"98 Approval of scheme for alteration of units plan\n(1) Where:\n(a) after the registration of a units plan, a building or other\nimprovement on the parcel is damaged or destroyed; and\n(b) an order for the termination of the units plan has not been\nmade under the Termination of Units Plans and Unit Title\nSchemes Act 2014; and\n(c) an application for such an order is not pending,\nan application may be made to the Tribunal for an order, approving\na scheme that makes provision for the reinstatement of the building\nor other improvement, or, in a case where a unit has been\ndamaged or destroyed, for the elimination of that unit and for any\nconsequential alteration of the units plan.\n(2) An application under this section may be made by the corporation,\nby a majority of the members of the corporation jointly or, if an\nadministrator of the corporation has been appointed, by the\nadministrator.\n(3) A copy of an application under this section for the approval of a\nscheme providing for the elimination of a unit shall be served on the\nRegistrar-General.\n(4) A scheme submitted for the approval of the Tribunal shall include\nprovisions showing:\n(a) the proposed reinstatement or elimination;\n(b) the manner in which it is proposed to apply insurance moneys\npaid or payable in respect of the damage or destruction;\n(c) the compensation or other moneys to be paid to the proprietor\nof a unit and any other person who may be adversely affected\nby the scheme; and\n(d) where the scheme provides for the elimination of a unit, the\nmanner in which it is proposed that the units plan be altered,\nincluding any necessary alteration of the schedule of unit\nentitlement, to enable effect to be given to the scheme.\n(5) The Tribunal may, on the hearing of an application under this\nsection, make an order approving the scheme if it is satisfied that it\nis just and equitable to do so and may, in the order, give such\n\nUnit Titles Act 1975 77\ndirections as it thinks are necessary or expedient to enable effect to\nbe given to the scheme.\n","sortOrder":110},{"sectionNumber":"99","sectionType":"section","heading":"Order of Tribunal for alteration of units plan","content":"99 Order of Tribunal for alteration of units plan\nThe Tribunal , if satisfied, on an application made for the purpose,\nthat the provisions of a scheme approved by it providing for the\nelimination of a unit (other than the provisions for the alteration of\nthe units plan) have been carried out and that the directions (if any)\ngiven in the order approving the scheme have been complied with,\nshall make an order directing such alteration of the units plan as\nwas approved by it.\n","sortOrder":111},{"sectionNumber":"100","sectionType":"section","heading":"Effect of registration of order for elimination of unit","content":"100 Effect of registration of order for elimination of unit\nOn the registration of an order for the alteration of a units plan, the\nunits plan shall be deemed to be altered in the manner directed by\nthe order of the Tribunal and:\n(a) the title of the unit proposed to be eliminated is determined;\n(b) the land comprised in the common property shall be deemed\nto include the land that, immediately before the registration of\nthe order, comprised that unit; and\n(c) section 25(3)(a) has effect as if a reference in that section to\nthe registration of the units plan were a reference to the\nregistration of the order for the alteration of the units plan.\n","sortOrder":112},{"sectionNumber":"101","sectionType":"section","heading":"Interested persons may be heard","content":"101 Interested persons may be heard\nEach of the following persons has the right to appear and to be\nheard in support of, or in opposition to, an application made under\nsection 95 or 98:\n(a) the corporation or, if an administrator has been appointed, the\nadministrator of the corporation;\n(b) a member of the corporation;\n(c) a person claiming to have an estate or interest in a unit;\n(d) an insurer who has effected insurance of a building or other\nimprovement on the parcel; and\n(e) the Minister.\n\nUnit Titles Act 1975 78\n","sortOrder":113},{"sectionNumber":"102","sectionType":"section","heading":"Directions for lodging orders with Registrar-General","content":"102 Directions for lodging orders with Registrar-General\nThe Tribunal may, in an order under section 99, give such\ndirections as it thinks fit with respect to the taking out of the order\nand the lodging of a copy of the order with the Registrar-General.\n","sortOrder":114},{"sectionNumber":"103","sectionType":"section","heading":"Facilities for service of documents","content":"103 Facilities for service of documents\n(1) A corporation (other than a building management corporation) shall\ncause to be continuously displayed in a conspicuous place on the\nparcel a notice showing the name of the corporation and the\naddress shown on the units plan for service of documents.\n(1A) A building management corporation must cause to be continuously\ndisplayed in a conspicuous place on the building lot for which it is\nincorporated a notice showing the name of the corporation and the\naddress shown on the building development plan for service of\ndocuments.\n(2) A corporation (other than a building management corporation) shall\ncause to be continuously available in a conspicuous and accessible\nplace on the parcel a receptacle suitable for purposes of postal\ndelivery, bearing the name of the corporation in clear and legible\ncharacters.\n(3) A building management corporation must cause to be continuously\navailable in a conspicuous and accessible place on the building lot\na receptacle suitable for purposes for postal delivery, bearing the\nname of the corporation in clear and legible characters.\n","sortOrder":115},{"sectionNumber":"104","sectionType":"section","heading":"Service of documents","content":"104 Service of documents\nA document may be served on a corporation:\n(a) by sending it by prepaid post as a letter properly addressed to\nthe corporation at the address shown on the units plan or, if\nthe corporation is a building management corporation, shown\non the building development plan for service of documents; or\n\nUnit Titles Act 1975 79\n(b) if that address for service is the postal address of the building\non the parcel or building lot – by placing it in the receptacle\nreferred to in section 103(2) or (3).\n","sortOrder":116},{"sectionNumber":"104A","sectionType":"section","heading":"Delegation","content":"104A Delegation\n(1) The Minister may, by instrument in writing, delegate to a person any\nof his powers and functions under this Act, other than this power of\ndelegation.\n(2) A power or function delegated under this section, when exercised\nor performed by the delegate, shall, for the purpose of this Act, be\ndeemed to have been exercised or performed by the Minister.\n(3) A delegation under this section does not prevent the exercise of a\npower or the performance of a function by the Minister.\n","sortOrder":117},{"sectionNumber":"105","sectionType":"section","heading":"Evidence of resolutions","content":"105 Evidence of resolutions\nA document bearing the seal of the corporation and stating:\n(a) at a general meeting held on a specified date a resolution in\nthe terms set out in the document was passed; and\n(b) the resolution was a unanimous, special or ordinary resolution,\nis evidence of the facts stated in the document.\n","sortOrder":118},{"sectionNumber":"106","sectionType":"section","heading":"Resolution of disputes","content":"106 Resolution of disputes\n(1) An application may be made under this section:\n(a) if a corporation, a mortgagee of a unit, a member or an\noccupier of a unit claims that a breach of this Act or of the\nby-laws or articles of the corporation has occurred; or\n(b) if a member claims to have been prejudiced, as occupier of a\nunit, by the wrongful act or default of:\n(i) the corporation or the committee, or a delegate of the\ncorporation or committee; or\n(ii) another member; or\n(c) if a member claims that a decision of the corporation or the\ncommittee, or a delegate of the corporation or committee, is\nunreasonable, oppressive or unjust; or\n\nUnit Titles Act 1975 80\n(d) if a dispute arises:\n(i) between a corporation or the committee and a member;\nor\n(ii) between 2 or more members,\nin relation to any aspect of the occupation or use of a unit or\nthe common property; or\n(e) if a member claims the corporation or the committee, or a\ndelegate of the corporation or committee, has failed or\nunreasonably refused to perform a function imposed, or to\nexercise a power conferred, on the corporation or committee\nunder this Act or the management module that applies to the\ncorporation; or\n(f) in respect of a dispute or claim of a kind prescribed by\nregulation.\n(2) Subject to this section, the application must be made to the Tribunal\nand dealt with by the Tribunal within its original jurisdiction.\n(3) A member appointed by a corporation may represent the\ncorporation in proceedings under this section.\n(4) For resolving the dispute, the Tribunal may make any orders the\nTribunal considers appropriate.\n(4A) Without limiting subsection (4), the Tribunal may make one or more\nof the following orders:\n(a) an order for the payment of money;\n(b) an order that a corporation refund to a member money paid to\nthe corporation by the member;\n(c) an order that a person take, or refrain from taking, any action;\n(d) an order to confirm, vary or reverse a decision of the\ncorporation or committee;\n(e) an order altering the by-laws or articles of a corporation;\n(f) an order requiring a corporation or committee to perform a\nfunction imposed, or to exercise a power conferred, on the\ncorporation or committee under this Act or the management\nmodule that applies to the corporation.\n\nUnit Titles Act 1975 81\n(4B) In addition to the orders referred to in subsections (4) and (4A), the\nTribunal may make an order of a kind prescribed by regulation for\nresolving a dispute or claim referred to in subsection (1)(f).\n(5) The Tribunal shall not make an order to alter the by-laws or articles\nof a corporation unless:\n(a) the corporation is a party to the proceedings or the Tribunal is\nsatisfied that the corporation has been given a reasonable\nopportunity to become a party to the proceedings;\n(b) if it appears to the Tribunal that the alteration could adversely\naffect a member who is not a party to the proceedings, the\nTribunal is satisfied that the member has been notified of the\npossibility that such an order could be made and given a\nreasonable opportunity to make submissions to the Tribunal in\nrelation to the matter; and\n(c) in any event, the Tribunal is satisfied that the order is essential\nto achieve a fair and equitable resolution of the matter in\ndispute.\n(6) Where the Tribunal makes an order altering the by-laws or articles\nof a corporation, the Tribunal shall forward a copy of the order to\nthe Registrar-General.\n(10) This section does not limit or derogate from any civil remedy at law\nor in equity.\n(11) In this section:\ndelegate, of a corporation or committee, means a delegate of the\ncorporation or committee under the management module that\napplies to the corporation.\nmember, in relation to a corporation, includes a person who is, by\nsection 77, bound by the articles of the corporation.\n","sortOrder":119},{"sectionNumber":"108","sectionType":"section","heading":"Rates","content":"108 Rates\nFor the purposes of the Local Government Act 2019 and the\nNorthern Territory Rates Act 1971:\n(a) each unit in a units plan shall, on and after the registration of\nthe units plan, be rated separately;\n(b) a building lot under this Act is to be rated separately until it is\nsubdivided into units; and\n\nPart XI Transitional matters for Land Title and Related Legislation Amendment Act\nUnit Titles Act 1975 82\n(c) no rates in respect of the parcel are payable under those Acts\nby the corporation.\n109 Fees\n(1) There are payable in respect of applications (other than\napplications to the Tribunal ) and other matters under this Act such\nfees as are specified in, or ascertained in accordance with, the\nregulations made under the Registration Act 1927.\n(2) A fee payable under subsection (1) is payable to the Registrar-\nGeneral.\n","sortOrder":120},{"sectionNumber":"110","sectionType":"section","heading":"Regulations","content":"110 Regulations\nThe Administrator may make regulations, not inconsistent with this\nAct, prescribing all matters that are required or permitted to be\nprescribed by this Act or are necessary or convenient to be\nprescribed for carrying out or giving effect to this Act.\nPart X Transitional matters for Justice Legislation\nAmendment Act (No. 2) 2006\n","sortOrder":121},{"sectionNumber":"111","sectionType":"section","heading":"Body corporate incorporated under section 27 or 28","content":"111 Body corporate incorporated under section 27 or 28\n(1) This section applies in relation to the following amendments made\nby the Justice Legislation Amendment Act (No. 2) 2006:\n(a) the amendment to insert in section 4(1) of this Act the\ndefinitions of building management corporation and estate\nmanagement corporation;\n(b) the amendments to sections 27 and 28 of this Act.\n(2) The amendments have effect in relation to a body corporate\nconstituted under section 27 or 28 before, on or after the\ncommencement of those amendments.\nPart XI Transitional matters for Land Title and Related\nLegislation Amendment Act 2008\n","sortOrder":122},{"sectionNumber":"112","sectionType":"section","heading":"Application","content":"112 Application\n(1) Subject to subsection (5A), the amendments relating to an approval\nfor a subdivision or consolidation under this Act apply to an\napplication made on or after the commencement for such an\napproval.\n\nPart XI Transitional matters for Land Title and Related Legislation Amendment Act\nUnit Titles Act 1975 83\n(2) The amendments relating to the requirements for a disclosure\nstatement or its variation apply to such a statement or variation\nlodged with the Registrar-General on or after the commencement.\n(3) The amendments relating to the provision of security for an\napproval under section 26D or 26S apply to such an approval made\non or after the commencement.\n(4) The amendments relating to the transfer of a developer's interest\nunder section 26G or 26U apply to such a transfer that occurs on or\nafter the commencement.\n(5) The amendments to sections 21A and 26ZI for a document covered\nby section 9A of the Real Property (Unit Titles) Act 1975 apply to\nsuch a document lodged with the Registrar-General on or after the\ncommencement of the amendments made to that Act by the\namending Act.\n(5A) The amendment to section 16(1)(d) that is made by the amending\nAct does not apply to proposals that relate to 1 or both of the\nfollowing:\n(a) a development permit or exceptional development permit for\nthe carrying out of works on or in relation to land, that was in\nforce under the Planning Act 1999 immediately before the\ncommencement;\n(b) a building permit that was in force under the Building Act 1993\nimmediately before the commencement.\n(5B) The regulations may provide for a matter that is of a savings or\ntransitional nature consequent on the enactment of the Land Title\nand Related Legislation Amendment Act 2008.\n(5C) A regulation mentioned in subsection (5B) may have retrospective\noperation only to the extent to which the regulation:\n(a) does not have effect before the commencement of this\nsection; and\n(b) does not disadvantage a person (other than the Territory or a\nTerritory authority) by decreasing the person's rights or\nimposing liabilities on the person.\n(5D) Subsection (5B) and any regulation made under the subsection\ncease to have effect 1 year after the commencement of this section.\n\nPart XII Transitional matters for Unit Title Schemes Act 2009\nUnit Titles Act 1975 84\n(6) In this section:\namending Act means the Land Title and Related Legislation\nAmendment Act 2008.\namendments means:\n(a) the amendments made to this Act by the amending Act; and\n(b) in relation to a particular matter – each of the amendments\nmentioned in paragraph (a) that relates to the matter.\ncommencement means the commencement of the amendments.\nPart XII Transitional matters for Unit Title Schemes\nAct 2009\n","sortOrder":123},{"sectionNumber":"113","sectionType":"section","heading":"Application of Act","content":"113 Application of Act\nThis Act does not apply to land:\n(a) that is scheme land under the Unit Title Schemes Act 2009; or\n(b) for which a development permit or exceptional development\npermit has been issued on an application covered by\nsection 202 of the Planning Act 1999; or\n(c) to which the Unit Title Schemes Act 2009 applies as\nprescribed by regulations made under section 112 of that Act.\n","sortOrder":124},{"sectionNumber":"114","sectionType":"section","heading":"Application – method of voting","content":"114 Application – method of voting\nThis Act as amended by sections 164, 165, 169, 170, 171 and 176\nof the Unit Title Schemes Act 2009:\n(a) applies only in relation to voting about a resolution of a\ncorporation occurring on or after the commencement of this\nsection (the commencement); and\n(b) does not affect any decision made by a corporation before the\ncommencement.\n","sortOrder":125},{"sectionNumber":"115","sectionType":"section","heading":"Application – jurisdiction of Supreme Court","content":"115 Application – jurisdiction of Supreme Court\n(1) This Act as amended by section 173 of the Unit Title Schemes\nAct 2009:\n(a) applies only in relation to an application made under Part VIII\nof this Act on or after the commencement of this section (the\ncommencement); and\n\nPart XIII Transitional matters for Justice Legislation Amendment (Small Claims and\nOther Matters) Act 2016\nUnit Titles Act 1975 85\n(b) does not affect any application made to the Local Court under\nthat Part made before the commencement.\n(2) Any proceedings commenced in relation to an application made\nunder Part VIII before the commencement may continue as if this\nAct as in force immediately before the commencement continues to\nbe in force.\n","sortOrder":126},{"sectionNumber":"116","sectionType":"section","heading":"Limit on application of section 10","content":"116 Limit on application of section 10\n(1) This section applies in relation to section 10 on and after the\ncommencement of Part 7 of the Justice Legislation Amendment\nAct 2010.\n(2) An application cannot be made under section 10 unless it is made\nin respect of:\n(a) a building lot; or\n(b) a parcel of land or leasehold land for which, before the\ncommencement, a development permit or exceptional\ndevelopment permit has been issued under the Planning\nAct 1999 indicating the matters mentioned in section 16(d).\nPart XIII Transitional matters for Justice Legislation\nAmendment (Small Claims and Other Matters)\nAct 2016\n","sortOrder":127},{"sectionNumber":"117","sectionType":"section","heading":"Definitions","content":"117 Definitions\ncommencement means the commencement of section 9 of the\nSmall Claims Act 2016.\nformer law means all of the following as in force immediately\nbefore the commencement:\n(a) this Act;\n(b) the Small Claims Act 1974 (being Act No. 67 of 1974 (as\namended) repealed by section 9 of the Small Claims\nAct 2016);\n(c) the Local Court Act 2015.\n\nPart XIV Transitional matters for Agents and Land Legislation Amendment Act 2019\nUnit Titles Act 1975 86\n","sortOrder":128},{"sectionNumber":"118","sectionType":"section","heading":"Current proceedings to continue in Local Court","content":"118 Current proceedings to continue in Local Court\n(1) This section applies if, before the commencement:\n(a) proceedings under this Act had been commenced in the Local\nCourt; and\n(b) the proceedings, including any appeals that might be made,\nhad not been finally determined.\n(2) The former law continues to apply in relation to the proceedings,\nincluding any appeals, as if the Small Claims Act 2016 and the\nJustice Legislation Amendment (Small Claims and Other Matters)\nAct 2016 had not commenced.\n","sortOrder":129},{"sectionNumber":"119","sectionType":"section","heading":"References to orders","content":"119 References to orders\nA reference in this Act to an order of the Tribunal made under a\nprovision of this Act includes a reference to an order of the Local\nCourt made under that provision before the commencement.\nPart XIV Transitional matters for Agents and Land\nLegislation Amendment Act 2019\n","sortOrder":130},{"sectionNumber":"120","sectionType":"section","heading":"Definitions","content":"120 Definitions\nby-law includes an amendment to a by-law.\ncommencement means the commencement of the Agents and\nLand Legislation Amendment Act 2019.\n","sortOrder":131},{"sectionNumber":"121","sectionType":"section","heading":"Validity of prior by-laws","content":"121 Validity of prior by-laws\nSubject to section 122, a by-law that was made before the\ncommencement is taken to be valid.\n","sortOrder":132},{"sectionNumber":"122","sectionType":"section","heading":"Review of prior by-laws","content":"122 Review of prior by-laws\n(1) A person affected by a by-law that was made before the\ncommencement but not forwarded to the Minister under section 63\nof the Interpretation Act 1978, as in force immediately before the\ncommencement, may submit the by-law for review by the schemes\nsupervisor.\n(2) On receipt of the by-law and the prescribed fee, the schemes\nsupervisor must review it in accordance with section 79AB(4).\n\nPart XV Transitional matters for Water Legislation Amendment Act 2023\nUnit Titles Act 1975 87\n(3) The schemes supervisor must, within 28 days of receipt of the\nby-law:\n(a) certify that it complies with the criteria in section 79AB(4); or\n(b) refuse to certify it and give the person who submitted it and\nthe corporation written reasons why it does not comply with\nthose criteria.\n(4) If the schemes supervisor refuses to certify the by-law under\nsubsection (3)(b):\n(a) the by-law may be modified to comply with the criteria and a\nnew by-law submitted to the schemes supervisor in\naccordance with section 79AB; or\n(b) the person may apply to have the decision of the schemes\nsupervisor reviewed by the Tribunal under section 79AD.\n(5) A by-law that the schemes supervisor has refused to certify under\nsubsection (3)(b) is invalid if:\n(a) no proceedings are commenced to review the refusal by the\nschemes supervisor within the time allowed under the\nNorthern Territory Civil and Administrative Tribunal Act 2014;\nor\n(b) on review, the Tribunal confirms the refusal by the schemes\nsupervisor and no appeal to the Supreme Court is made within\nthe time allowed under the Northern Territory Civil and\nAdministrative Tribunal Act 2014; or\n(c) on appeal from the Tribunal, the Supreme Court confirms the\nrefusal by the schemes supervisor.\n(6) Any failure to forward a by-law made under this Act to the Minister\nin accordance with section 63A(1)(b) of the Interpretation Act 1978\nbefore the commencement does not affect the validity or operation\nof the by-law or any action taken under it.\nPart XV Transitional matters for Water Legislation\nAmendment Act 2023\n","sortOrder":133},{"sectionNumber":"123","sectionType":"section","heading":"Definition","content":"123 Definition\ncommencement means the commencement of Part 5 of the Water\nLegislation Amendment Act 2023.\n\nPart XV Transitional matters for Water Legislation Amendment Act 2023\nUnit Titles Act 1975 88\n124 Applications for subdivision or consolidation made but not\ndetermined under Real Property (Unit Titles) Act 1975\nAn application for registration under section 9B of the Real Property\n(Unit Titles) Act 1975 that proposes to subdivide or consolidate land\nin a Restricted Water Extraction Area declared under\nsection 14A(1) of the Water Act 1992 that was made but not\ndetermined by the Registrar-General before the commencement is\nsubject to the restrictions of sections 14A and 14B of the Water\nAct 1992 and the requirements of section 14C(3) of the Water\nAct 1992.\n\nUnit Titles Act 1975 89\nsection 76\n1. In these articles, unless the contrary intention appears:\nAct means the Unit Titles Act 1975.\nauthorised agent means a person authorised by the corporation.\n2. (1) Subject to this article, an authorised agent may, at all reasonable\ntimes:\n(a) inspect a unit for the purpose of ascertaining whether or not\nthe Act and these articles are being observed;\n(b) carry out in, on or to a unit any maintenance, repairs or work\nthat the corporation is, by the Act or these articles, required to\ncarry out in, on or to the unit;\n(c) carry out in, on or to a unit the functions imposed, exercise the\npowers conferred and perform the duties imposed, by the Act\nand these articles on the corporation in so far as they relate to\nthe unit, and may, for any of those purposes, enter and remain\nin or on the unit for such period as is reasonably necessary for\nthe purposes of doing any act referred to in this article.\n(2) An authorised agent shall not do any act referred to in this article\nunless:\n(a) the corporation or the authorised agent has given to the\nproprietor of the unit or to the occupier or user of the unit\nreasonable notice of his intention to enter in or on the unit or\nto do the act; or\n(b) by reason of an emergency, it is essential that the act be done\nwithout notice having been so given.\n(3) Each member of the corporation shall:\n(a) pay all rates, taxes, charges, outgoings and assessments\npayable in respect of his unit;\n(b) repair and maintain his unit and keep his unit in a state of\ngood repair;\n(c) if he agrees to transfer his unit to another person, forthwith\ngive notice of the fact to the corporation;\n\nUnit Titles Act 1975 90\n(d) comply with any requirement made by or under any law in\nforce in the Territory to carry out repairs or to do any work or\nthing in relation to his unit;\n(e) if his unit is to be unoccupied for a continuous period\nexceeding 30 days, give notice of the fact to the corporation;\n(f) if a change occurs in the occupancy of his unit, notify the\ncorporation of that fact and of the name of the person who will\noccupy the unit.\n(4) A member of the corporation shall not:\n(a) subject to sections 42B and 44, use the common property or\npermit it to be used so as unreasonably to interfere with the\nuse and enjoyment of the common property by another\nmember of the corporation, by the occupier or user of another\nunit or by an invitee or licensee of such a member or person;\n(b) use his unit or permit it to be used in such a manner as to\ncause a nuisance, hazard or substantial annoyance to another\nmember of the corporation or an occupier or user of another\nunit or to an invitee or licensee of such a member or person;\n(c) make within his unit or on the common property such a noise\nas might reasonably, in the circumstances, cause substantial\nannoyance to another member of the corporation or to the\noccupier or user of another unit;\n(d) use his unit, or permit it to be used, in a manner that results in\nthere being a contravention of a law in force in the Territory;\n(e) except in accordance with the permission given by a majority\nresolution of the corporation and in accordance with the\nprovisions of any law in force in the Territory applicable in the\ncircumstances, erect or alter any structure in or on his unit;\nand\n(f) except in accordance with the permission given by a majority\nresolution of the corporation, keep any animals or birds in or\non his unit or the common property.\n(5) A person who becomes the proprietor of a unit shall, within 7 days\nafter lodging with the Registrar-General for registration the\ninstrument under which he has become the proprietor of the unit,\ngive to the corporation notice that he has become the proprietor of\nthe unit.\n\nUnit Titles Act 1975 91\n2A. A permission mentioned in clause (2)(4)(f) may be withdrawn at any\ntimes by a majority resolution of the corporation and notice given to\nthe member of the corporation concerned.\n3. DAMAGE TO LAWNS, &c., ON COMMON PROPERTY\nThe proprietor or occupier of a unit shall not:\n(a) damage any lawn, garden, tree, shrub, plant or flower being\npart of or on common property; or\n(b) use for his own purposes as a garden a portion of the\n4. DAMAGE TO COMMON PROPERTY\nThe proprietor or occupier of a unit shall not mark, paint, drive nails\nor screws or the like into, or otherwise damage or deface, a\nstructure that forms part of the common property without the\npermission given by a majority resolution of the corporation, but this\nby-law does not prevent a proprietor or person authorised by him\nfrom installing:\n(a) a locking or other safety device for protection of his unit\nagainst intruders; or\n(b) a screen or other device to prevent entry of animals or insects\ninto his unit.\n\nUnit Titles Act 1975 92\nsection 26R(1)\nWARNING: THIS STATEMENT CONTAINS DETAILS OF AN ESTATE\nDEVELOPMENT SCHEME WHICH IS PROPOSED TO BE\nDEVELOPED IN [insert number of stages] STAGES ON THE\nLAND DESCRIBED WITHIN.\nPERSONS INTERESTED ARE ADVISED THAT THE\nPROPOSED SCHEME MAY BE VARIED AND MAY NOT BE\nCOMPLETED. HOWEVER, ANY DEPARTURE FROM THE\nPROPOSALS OUTLINED IN THE STATEMENT WILL\nATTRACT PROVISIONS OF THE PLANNING ACT 1999 AND\nPART IVB OF THE UNIT TITLES ACT 1975.\nTHIS STATEMENT SHOULD NOT BE CONSIDERED ALONE\nBUT IN CONJUNCTION WITH THE RESULTS OF THE\nSEARCHES AND INQUIRIES NORMALLY MADE IN\nRESPECT OF A LOT IN AN ESTATE DEVELOPMENT\nSCHEME AND A LOT RESULTING FROM THE SUBDIVISION\nOF LAND IN ACCORDANCE WITH ALL RELEVANT\nINSTRUMENTS OF DETERMINATION UNDER THE\nPLANNING ACT 1999.\n\nUnit Titles Act 1975 93\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 Titles Ordinance 1975 (Act No. 17, 1976)\nAssent date 23 March 1976\nCommenced 29 October 1976 (Gaz No. 44, 29 October 1976, p 1308)\nUnit Titles Ordinance 1976 (Act No. 46, 1976)\nAssent date 26 August 1976\nCommenced 26 August 1976\nTransfer of Powers (Self-Government) Ordinance 1978 (Act No. 54, 1978)\nAssent date 1 July 1978\nCommenced 1 July 1978 (s 8)\nStatute Law Revision Act 1978 (Act No. 95, 1978)\nAssent date 5 September 1978\nCommenced 5 September 1978\nStatute Law Revision Act (No. 2) 1978 (Act No. 19, 1979)\nAssent date 2 February 1979\nCommenced 2 February 1979 (s 34)\nUnit Titles Act 1979 (Act No. 56, 1979)\nAssent date 14 May 1979\nCommenced 3 August 1979 (Gaz G31, 3 August 1979, p 4)\nUnit Titles Amendment Act 1981 (Act No. 50, 1981)\nAssent date 1 July 1981\nCommenced 1 January 1981 (s 2)\nCompanies and Securities (Consequential Amendments) Act 1986 (Act No. 18, 1986)\nAssent date 30 June 1986\nCommenced 1 July 1986 (s 2)\n\nUnit Titles Act 1975 94\nUnit Titles Amendment Act 1986 (Act No. 24, 1986)\nAssent date 30 June 1986\nCommenced s 46: 1 July 1986; rem: 23 December 1987 (Gaz S82,\n23 December 1987)\nStatute Law Revision Act (No. 2) 1987 (Act No. 59, 1987)\nAssent date 31 December 1987\nCommenced 31 December 1987\nStatute Law Revision Act 1989 (Act No. 60, 1989)\nAssent date 2 October 1989\nCommenced 2 October 1989\nCorporations (Consequential Amendments) Act 1990 (Act No. 59, 1990)\nAssent date 14 December 1990\nCommenced 1 January 1991 (s 2, s 2 Corporations (NT) Act 1990 (Act\nNo. 56, 1990) and Gaz S76, 21 December 1990)\nUnit Titles Amendment Act 1991 (Act No. 10, 1991)\nAssent date 7 March 1991\nCommenced 10 April 1991 (Gaz G14, 10 April 1991, p 5)\nReal Property (Consequential Amendments) Act 1991 (Act No. 33, 1991)\nAssent date 25 June 1991\nCommenced 1 October 1991 (Gaz S49, 1 October 1991)\nRegistration (Consequential Amendments) Act 1991 (Act No. 55, 1991)\nAssent date 26 September 1991\nCommenced 1 January 1992 (s 2, s 2 Registration Amendment Act 1991\n(Act No. 54, 1991) and Gaz G49, 11 December 1991, p 4)\nUnit Titles Amendment Act 1993 (Act No. 9, 1993)\nAssent date 31 March 1993\nCommenced 30 June 1993 (Gaz G26, 30 June 1993, p 4)\nUnit Titles Amendment Act (No. 2) 1993 (Act No. 65, 1993)\nAssent date 3 November 1993\nCommenced 1 December 1993 (Gaz S95, 1 December 1993)\nLocal Government (Consequential Amendments) Act 1993 (Act No. 84, 1993)\nAssent date 31 December 1993\nCommenced 1 June 1994 (s 2, s 2 Local Government Act 1993 (Act\nNo. 83, 1993) and Gaz S35, 20 May 1994)\nPlanning (Consequential Amendments) Act 1993 (Act No. 86, 1993)\nAssent date 31 December 1993\nCommenced 18 April 1994 (s 2, s 2 Planning Act 1993 (Act No. 85, 1993)\nand Gaz S28, 18 April 1994)\nStatute Law Revision Act 1994 (Act No. 50, 1994)\nAssent date 20 September 1994\nCommenced 20 September 1994\nFinancial Institutions (Miscellaneous Amendments) Act 1997 (Act No. 23, 1997)\nAssent date 2 June 1997\nCommenced 2 June 1997\n\nUnit Titles Act 1975 95\nStatute Law Revision Act 1998 (Act No. 11, 1998)\nAssent date 30 March 1998\nCommenced 30 March 1998\nUnit Titles Amendment Act 1998 (Act No. 25, 1998)\nAssent date 30 March 1998\nCommenced 6 May 1998 (Gaz G17, 6 May 1998, p 2)\nTerritory Insurance Office (Miscellaneous Amendments) Act 1998 (Act No. 37, 1998)\nAssent date 27 May 1998\nCommenced 27 May 1998\nUnit Titles Amendment Act 1999 (Act No. 15, 1999)\nAssent date 5 May 1999\nCommenced 9 June 1999 (s 2, s 2 Real Property Amendment Act 1999\n(Act No. 17, 1999) and Gaz G22, 9 June 1999, p 5)\nPlanning (Consequential Amendments) Act 1999 (Act No. 56, 1999)\nAssent date 14 December 1999\nCommenced 12 April 2000 (s 2, s 2 Planning Act 1999 (Act No. 55, 1999)\nand Gaz S15, 12 April 1999)\nLand Title (Consequential Amendments) Act 2000 (Act No. 45, 2000)\nAssent date 12 September 2000\nCommenced 1 December 2000 (s 2, s 2 Land Title Act 2000 (Act No. 2,\n2000) and Gaz G38, 27 September 2000, p 2)\nUnit Titles Amendment Act 2001 (Act No. 14, 2001)\nAssent date 28 June 2001\nCommenced 1 March 2002 (Gaz G8, 1 March 2002, p 6)\nAmending Legislation\nStatute Law Revision Act (No. 2) 2001 (Act No. 62, 2001)\nAssent date 11 December 2001\nCommenced 11 December 2001\nCorporations Reform (Consequential Amendments NT) Act 2001 (Act No. 17, 2001)\nAssent date 29 June 2001\nCommenced 15 July 2001 (s 2, s 2 Corporations Act 2001 (Cth Act No. 50,\n2001) and Cth Gaz S285, 13 July 2001)\nUnit Titles Amendment Act 2002 (Act No. 9, 2002)\nAssent date 28 March 2002\nCommenced 1 May 2002 (Gaz G17, 1 May 2002, p 3)\nStatute Law Revision (Financial Provisions) Act 2002 (Act No. 38, 2002)\nAssent date 13 September 2002\nCommenced 30 October 2002 (Gaz G43, 3 October 2002, p 3)\nStatute Law Revision Act 2003 (Act No. 12, 2003)\nAssent date 18 March 2003\nCommenced 18 March 2003\nStatute Law Revision Act (No. 2) 2004 (Act No. 54, 2004)\nAssent date 15 September 2004\nCommenced 27 October 2004 (Gaz G43, 27 October 2004, p 3)\n\nUnit Titles Act 1975 96\nJustice Legislation Amendment Act (No. 2) 2006 (Act No. 35, 2006)\nAssent date 3 November 2006\nCommenced 3 November 2006\nLand Title and Related Legislation Amendment Act 2008 (Act No. 3, 2008)\nAssent date 11 March 2008\nCommenced pt 6: 18 March 2009 (Gaz G11, 13 March 2009, p 4);\nrem: 1 July 2009 (Gaz S30, 26 June 2009)\nLocal Government (Consequential Amendments) Act 2008 (Act No. 28, 2008)\nAssent date 14 November 2008\nCommenced 1 July 2008 (s 2)\nUnit Title Schemes Act 2009 (Act No. 14, 2009)\nAssent date 26 May 2009\nCommenced pt 2.3, div 3, sdv 4 and s 135 (to ext ins s 54C):\n1 January 2010; s 111: 1 July 2010; rem: 1 July 2009 (s 2,\nGaz S30, 26 June 2009, p 1, s 2 Land Title and Related\nLegislation Amendment Act 2008 (Act No. 3, 2008) and Gaz\nS30, 26 June 2009, p 1)\nJustice Legislation Amendment (Penalties) Act 2010 (Act No. 12, 2010)\nAssent date 20 May 2010\nCommenced 1 July 2010 (Gaz G24, 16 June 2010, p 2)\nJustice Legislation Amendment Act 2010 (Act No. 24, 2010)\nAssent date 30 June 2010\nCommenced 21 July 2010 (Gaz G29, 21 July 2010, p 5)\nLocal Government Amendment Act 2014 (Act No. 19, 2014)\nAssent date 2 June 2014\nCommenced s 16: 1 July 2014; s 18: 1 December 2014; rem: 2 June 2014\n(s 2)\nDarwin Rates Amendment Act 2014 (Act No. 47, 2014)\nAssent date 8 December 2014\nCommenced 11 February 2015 (Gaz G6, 11 February 2015, p 7)\nTermination of Units Plans and Unit Title Schemes Act 2014 (Act No. 48, 2014)\nAssent date 8 December 2014\nCommenced 1 January 2015 (s 2)\nJustice Legislation Amendment (Small Claims and Other Matters) Act 2016 (Act\nNo. 3, 2016)\nAssent date 2 March 2016\nCommenced pt 3: nc (Act rep by Act No. 33, 2019, before comm);\nrem: 1 May 2016 (s 2, s 2 Local Court Act 2015 (Act No. 15,\n2015), Gaz G1, 6 January 2016, p 9 and Gaz G15,\n","sortOrder":134},{"sectionNumber":"13","sectionType":"section","heading":"April 2016, p 4)","content":"13 April 2016, p 4)\nBuilding Amendment (Occupancy Certification) Act 2016 (Act No. 6, 2016)\nAssent date 6 April 2016\nCommenced 1 May 2016 (Gaz S32, 29 April 2016, p 1)\nStatute Law Revision Act 2017 (Act No. 4, 2017)\nAssent date 10 March 2017\nCommenced 12 April 2017 (Gaz G15, 12 April 2017, p 3)\n\nUnit Titles Act 1975 97\nAgents and Land Legislation Amendment Act 2019 (Act No. 6, 2019)\nAssent date 28 March 2019\nCommenced ss 3 to 5, 9 and 10, pts 3 to 5, ss 17, 25 to 27, 29, 33 and 34:\n1 May 2019 (Gaz G18, 1 May 2019, p 4);\nrem: 1 September 2019 (Gaz G26, 26 June 2019, p 7 and\nGaz G30, 24 July 2019, p 2)\nLocal Government Act 2019 (Act No. 39, 2019)\nAssent date 13 December 2019\nCommenced pt 8.6: 1 July 2022; rem: 1 July 2021 (Gaz S27,\n30 June 2021)\nAmending Legislation\nStatute Law Revision Act 2020 (Act No. 26, 2020)\nAssent date 19 November 2020\nCommenced 20 November 2020 (s 2)\nLocal Government Amendment Act 2021 (Act No. 15, 2021)\nAssent date 25 May 2021\nCommenced 26 May 2021 (s 2)\nPlanning Amendment Act 2020 (Act No. 19, 2020)\nAssent date 1 July 2020\nCommenced 31 July 2020 (Gaz G30, 29 July 2020, p 1)\nInterpretation Amendment Act 2021 (Act No. 28, 2021)\nAssent date 15 December 2021\nCommenced 1 January 2022 (s 2)\nJustice and Licensing Legislation Amendment Act 2022 (Act No. 6, 2022)\nAssent date 14 April 2022\nCommenced pt 6: 1 May 2022; rem: 1 July 2022 (Gaz S17, 27 April 2022)\nStatute Law Revision Act 2023 (Act No. 4, 2023)\nAssent date 2 March 2023\nCommenced 3 March 2023\nWater Legislation Amendment Act 2023 (Act No. 13, 2023)\nAssent date 31 May 2023\nCommenced 1 August 2023 (Gaz G14, 6 July 2023, p 1)\nStatute Law Amendment (NTCAT Conferral of Jurisdiction) Act 2023 (Act No. 24, 2023)\nAssent date 21 September 2023\nCommenced 27 November 2023 (Gaz G24, 23 November 2023, p 2)\n","sortOrder":135},{"sectionNumber":"3","sectionType":"section","heading":"SAVINGS AND TRANSITIONAL PROVISIONS","content":"3 SAVINGS AND TRANSITIONAL PROVISIONS\ns 6 Unit Titles Amendment Act 2002 (Act No. 9, 2002)\n4 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: ss 1, 4, 10, 11, 15, 16, 17, 20,\n\nUnit Titles Act 1975 98\n21, 21A, 21B, 21E, 21F, 23, 26B, 26J, 26Q, 26R, 26W, 26Y, 26ZD, 26ZI,\n26ZL, 26ZN, 26ZQ, 26ZV, 26ZZA, 27, 35, 42A, 79, 98, 108, 109, 112, 113,\n116 and 117 and sch 1 and 2.\n5 LIST OF AMENDMENTS\nlt sub No. 24, 1986, s 4\nss 1 – 2 amd No. 24, 1986, s 48\ns 3 rep No. 24, 1986, s 5\ns 4 amd No. 24, 1986, ss 6 and 48; No. 60, 1989, s 2(2); No. 10, 1991, s 4;\nNo. 33, 1991, s 7; No. 9, 1993, s 4; No. 65, 1993, s 5; No. 86, 1993, s 3;\nNo. 56, 1999, s 3; No. 45, 2000, s 11; No. 14, 2001, s 4; No. 35, 2006, s 34;\nNo. 3, 2008, s 29; No. 14, 2009, s 164; No. 3, 2016, s 41; No. 6, 2019, s 30\nss 5 – 6 amd No. 24, 1986, s 48\ns 7 amd No. 24, 1986, s 48\nsub No. 14, 2009, s 165\ns 8 amd No. 24, 1986, s 48; No. 65, 1993, s 6\nrep No. 14, 2009, s 165\ns 8A ins No. 46, 1976, s 3\nsub No. 56, 1979, s 4; No. 24, 1986, s 7\nrep No. 86, 1993, s 3\ns 9 sub No. 24, 1986, s 8\namd No. 65, 1993, s 7; No. 14, 2001, s 5\ns 10 amd No. 54, 1978, s 4; No. 50, 1981, s 4; No. 24, 1986, ss 9 and 48; No. 14,\n2001, s 6; No. 3, 2008, s 48\ns 11 amd No. 46, 1976, s 4; No. 24, 1986, s 10; No. 10, 1991, s 5; No. 15, 1999,\ns 3; No. 45, 2000, s 11; No. 3, 2008, s 30\ns 12 amd No. 24, 1986, s 11; No. 65, 1993, s 8\nss 13 – 14 rep No. 24, 1986, s 12\ns 15 amd No. 46, 1976, s 5; No. 54, 1978, s 4; No. 50, 1981, s 5; No. 24, 1986,\ns 48; No. 3, 2008, s 48\ns 16 amd No. 46, 1976, s 5; No. 54, 1978, s 4; No. 56, 1979, s 5; No. 24, 1986,\nss 13 and 48; No. 10, 1991, s 6; No. 86, 1993, s 3; No. 56, 1999, s 3; No. 3,\n2008, ss 31 and 48; No. 14, 2009, s 166\ns 17 amd No. 46, 1976, s 7; No. 54, 1978, s 4; No. 50, 1981, s 6; No. 3, 2008, s 48\ns 18 amd No. 54, 1978, s 4; No. 3, 2008, s 48\ns 19 amd No. 46, 1976, s 8; No. 54, 1978, s 4; No. 3, 2008, s 48\ns 20 amd No. 46, 1976, s 9; No. 54, 1978, s 4; No. 24, 1986, ss 14 and 48; No. 10,\n1991, s 7; No. 65, 1993, s 9; No. 3, 2008, s 48\ns 21 amd No. 54, 1978, s 4; No. 24, 1986, s 48; No. 3, 2008, s 48\npt IIIA hdg ins No. 24, 1986, s 15\ns 21A ins No. 24, 1986, s 15\namd No. 15, 1999, s 4; No. 45, 2000, s 11; No. 14, 2001, s 7; No. 3, 2008,\ns 32\ns 21B ins No. 24, 1986, s 15\namd No. 86, 1993, s 3; No. 56, 1999, s 3; No. 14, 2001, s 8; No. 3, 2008,\ns 48; No. 6, 2016, s 25\ns 21C ins No. 24, 1986, s 15\ns 21D ins No. 24, 1986, s 15\namd No. 59, 1987, s 5; No. 10, 1991, s 8; No. 14, 2001, s 9\nsub No. 3, 2008, s 33\ns 21E ins No. 24, 1986, s 15\namd No. 33, 1991, s 7; No. 84, 1993, s 6; No. 45, 2000, s 11; No. 28, 2008,\ns 3; No. 19, 2014, s 26; No. 47, 2014, s 29\ns 21F ins No. 24, 1986, s 15\namd No. 14, 2001, ss 10 and 27; No. 12, 2010, s 3; No. 6, 2016, s 25\n\nUnit Titles Act 1975 99\ns 21FA ins No. 14, 2001, s 11\ns 21G ins No. 24, 1986, s 15\namd No. 33, 1991, s 7; No. 14, 2001, s 12\nsub No. 3, 2008, s 34\ns 21GA ins No. 13, 2023, s 32\npt IV hdg amd No. 35, 2006, s 35\ns 22 amd No. 24, 1986, s 16\ns 23 amd No. 46, 1976, s 10; No. 24, 1986, ss 17 and 48; No. 33, 1991, s 7;\nNo. 65, 1993, s 10\ns 24 amd No. 24, 1986, s 18; No. 65, 1993, s 11; No. 25, 1998, s 3; No. 14, 2001,\ns 13\ns 26 amd No. 24, 1986, s 19; No. 65, 1993, s 12; No. 11, 1998, s 10; No. 3, 2016,\ns 45\npt IVA hdg ins No. 24, 1986, s 20\ndiv 1 hdg ins No. 24, 1986, s 20\ns 26A ins No. 24, 1986, s 20\ns 26AA ins No. 14, 2001, s 14\ndiv 2 hdg ins No. 24, 1986, s 20\ns 26B ins No. 24, 1986, s 20\namd No. 86, 1993, s 3; No. 56, 1999, s 3; No. 3, 2008, s 48\ns 26C ins No. 24, 1986, s 20\namd No. 10, 1991, s 9\ns 26D ins No. 24, 1986, s 20\ns 26E ins No. 24, 1986, s 20\ns 26F ins No. 24, 1986, s 20\ndiv 3 hdg ins No. 24, 1986, s 20\ns 26G ins No. 24, 1986, s 20\namd No. 86, 1993, s 3; No. 50, 1994, s 16; No. 56, 1999, s 3\ns 26H ins No. 24, 1986, s 20\namd No. 3, 2008, s 35; No. 3, 2016, s 45\ns 26J ins No. 24, 1986, s 20\namd No. 86, 1993, s 3; No. 56, 1999, s 3; No. 3, 2008, ss 36 and 48; No. 19,\n2020, s 93\ndiv 4 hdg ins No. 24, 1986, s 20\nss 26K – 26M ins No. 24, 1986, s 20\npt IVB hdg ins No. 65, 1993, s 13\ndiv 1 hdg ins No. 65, 1993, s 13\ns 26N ins No. 65, 1993, s 13\namd No. 14, 2001, s 15\ns 26P ins No. 65, 1993, s 13\ndiv 2 hdg ins No. 65, 1993, s 13\ns 26Q ins No. 65, 1993, s 13\namd No. 86, 1993, s 3; No. 50, 1994, s 16; No. 56, 1999, s 3; No. 14, 2001,\ns 16; No. 3, 2008, s 48; No. 14, 2009, s 167\ns 26R ins No. 65, 1993, s 13\ns 26S ins No. 65, 1993, s 13\namd No. 3, 2008, s 37\ns 26T ins No. 65, 1993, s 13\n\nUnit Titles Act 1975 100\ndiv 3 hdg ins No. 65, 1993, s 13\ns 26U ins No. 65, 1993, s 13\namd No. 86, 1993, s 3; No. 56, 1999, s 3\nsub No. 3, 2008, s 38\ns 26V ins No. 65, 1993, s 13\namd No. 3, 2008, s 39; No. 3, 2016, s 45\ns 26W ins No. 65, 1993, s 13\namd No. 86, 1993, s 3; No. 50, 1994, s 16; No. 56, 1999, s 3; No. 3, 2008,\nss 40 and 48; No. 3, 2016, s 45; No. 19, 2020, s 94\ndiv 4 hdg ins No. 65, 1993, s 13\ns 26X ins No. 65, 1993, s 13\nss 26Y –\n26ZC ins No. 65, 1993, s 13\ns 26ZD ins No. 65, 1993, s 13\namd No. 14, 2001, s 27; No. 9, 2002, s 4; No. 6, 2019, s 31\ns 26ZE ins No. 65, 1993, s 13\npt IVC hdg ins No. 14, 2001, s 17\ndiv 1 hdg ins No. 14, 2001, s 17\nss 26ZF –\n26ZH ins No. 14, 2001, s 17\ndiv 2 hdg ins No. 14, 2001, s 17\ns 26ZI ins No. 14, 2001, s 17\namd No. 35, 2006, s 36; No. 3, 2008, ss 41 and 48; No. 14, 2009, s 168\nss 26ZJ –\n26ZK ins No. 14, 2001, s 17\ns 26ZL ins No. 14, 2001, s 17\ndiv 3 hdg ins No. 14, 2001, s 17\ns 26ZM ins No. 14, 2001, s 17\namd No. 35, 2006, s 37\ns 26ZN ins No. 14, 2001, s 17\ns 26ZO ins No. 14, 2001, s 17\ndiv 4 hdg ins No. 14, 2001, s 17\nss 26ZP –\n26ZR ins No. 14, 2001, s 17\ns 26ZS ins No. 14, 2001, s 17\namd No. 35, 2006, s 38\ns 26ZT ins No. 14, 2001, s 17\ndiv 5 hdg ins No. 14, 2001, s 17\ns 26ZU ins No. 14, 2001, s 17\namd No. 35, 2006, s 39\nss 26ZV –\n26ZZ ins No. 14, 2001, s 17\ns 26ZZA ins No. 14, 2001, s 17\namd No. 9, 2002, s 5\ns 26ZZB ins No. 14, 2001, s 17\ns 27A ins No. 3, 2008, s 42\n\nUnit Titles Act 1975 101\ns 27 sub No. 24, 1986, s 21\namd No. 65, 1993, s 14; No. 35, 2006, s 40\ns 28 rep No. 24, 1986, s 21\nins No. 14, 2001, s 18\namd No. 35, 2006, s 41\ns 29 amd No. 24, 1986, s 48\nsub No. 3, 2008, s 43\ns 30 amd No. 24, 1986, s 22\ns 30A ins No. 24, 1986, s 23\namd No. 3, 2008, s 44\ns 31 amd No. 18, 1986, s 3; No. 24, 1986, s 48; No. 59, 1990, s 4\nsub No. 17, 2001, s 19\ns 32 amd No. 24, 1986, s 48\ns 33 amd No. 24, 1986, s 48; No. 65, 1993, s 15\ns 34 amd No. 65, 1993, s 16\ns 35 amd No. 46, 1976, s 11; No. 24, 1986, s 48; No. 23, 1997, s 6; No. 37, 1998,\ns 4; No. 38, 2002, s 6; No. 4, 2017, s 34\ns 36 amd No. 24, 1986, ss 24 and 48; No. 14, 2001, s 19\ns 36A ins No. 24, 1986, s 25\namd No. 65, 1993, s 17\ns 37 amd No. 24, 1986, s 26; No. 14, 2001, s 27; No. ,12 2010, s 3\ns 39 amd No. 24, 1986, s 27; No. 14, 2001, s 27; No. 12, 2010, s 3\ns 40 amd No. 14, 2009, s 169\ns 42 amd No. 24, 1986, s 28; No. 14, 2009, s 170\ns 42A ins No. 24, 1986, s 29\namd No. 33, 1991, s 7; No. 45, 2000, s 11; No. 14, 2009, s 171\ns 42B ins No. 25, 1998, s 4\namd No. 14, 2001, s 20; No. 14, 2009, s 172\ns 44 amd No. 65, 1993, s 18; No. 25, 1998, s 5\nss 45 – 47 amd No. 24, 1986, s 48\ns 47A ins No. 24, 1986, s 30\ns 48 amd No. 65, 1993, s 19\ns 49 amd No. 24, 1986, s 31\ns 49A ins No. 24, 1986, s 32\ns 50 amd No. 24, 1986, s 33\ns 51 sub No. 24, 1986, s 34\namd No. 14, 2001, s 27; No. 12, 2010, s 3\ns 52 sub No. 24, 1986, s 34\ns 53 sub No. 24, 1986, s 34\namd No. 9, 1993, s 5; No. 84, 1993, s 6; No. 28, 2008, s 3; No. 19, 2014,\ns 26; No. 6, 2022, s 18; No. 4, 2023, s 23\ns 53A ins No. 24, 1986, s 34\ns 54 rep No. 3, 2008, s 45\ns 55 amd No. 24, 1986, s 35; No. 65, 1993, s 20\ns 56 amd No. 24, 1986, s 36; No. 14, 2001, s 27\npt V\ndiv 4 hdg sub No. 3, 2008, s 46\ns 58 sub No. 3, 2008, s 46\n\nUnit Titles Act 1975 102\ns 59 sub No. 24, 1986, s 37\namd No. 65, 1993, s 21; No. 14, 2001, s 27; No. 35, 2006, s 42\ns 59A ins No. 24, 1986, s 37\namd No. 65, 1993, s 22\ns 60 rep No. 3, 2008, s 46\ns 61 amd No. 65, 1993, s 23\nss 62 – 63 rep No. 3, 2008, s 46\npt V\ndiv 5 hdg rep No. 3, 2008, s 46\nss 64 – 66 rep No. 3, 2008, s 46\ns 67 amd No. 24, 1986, s 38\nss 68 – 69 rep No. 3, 2008, s 46\ns 70 amd No. 24, 1986, s 39\nss 71 – 74 rep No. 3, 2008, s 46\ns 75 amd No. 24, 1986, s 48\ns 76 amd No. 54, 2004, s 7\ns 78 amd No. 24, 1986, s 48; No. 54, 2004, s 7\ns 78A ins No. 24, 1986, s 40\namd No. 14, 2001, s 27; No. 12, 2010, s 3\npt VAA hdg ins No. 6, 2019, s 32\nss 79AA –\n79AD ins No. 6, 2019, s 32\npt VA hdg ins No. 24, 1986, s 41\ns 79A ins No. 24, 1986, s 41\namd No. 25, 1998, s 6\ns 80A ins No. 65, 1993, s 24\namd No. 14, 2001, s 21\ns 80 amd No. 19, 1979, s 30; No. 24, 1986, s 42\ns 81 amd No. 46, 1976, s 12\ns 89 amd No. 24, 1986, s 48; No. 3, 2016, s 45\ns 89A ins No. 14, 2001, s 22\nss 90 – 92 amd No. 3, 2016, s 45\ns 93 amd No. 24, 1986, s 48; No. 3, 2016, s 45; No. 6, 2019, s 33\npt VIII hdg amd No. 48, 2014, s 45\ns 94A ins No. 14, 2001, s 23\ns 94AA ins No. 14, 2009, s 173\ns 95 rep No. 48, 2014, s 46\ns 95A ins No. 24, 1986, s 43\namd No. 55, 1991, s 8\nss 96 – 97 amd No. 24, 1986, s 48\ns 98 amd No. 48, 2014, s 47; No. 3, 2016, s 45\nss 99 – 100 amd No. 3, 2016, s 45\ns 101 amd No. 54, 1978, s 4\ns 102 amd No. 3, 2016, s 45\ns 103 amd No. 24, 1986, s 44; No. 14, 2001, ss 24 and 27; No. 12, 2010, s 3\ns 104 amd No. 19, 1979, s 30; No. 14, 2001, s 25\ns 104A ins No. 24, 1986, s 45\n\nUnit Titles Act 1975 103\ns 106 am No. 24, 1986, s 48\nsub No. 9, 1993, s 6\namd No. 3, 2016, s 42; No. 6, 2019, s 34; No. 24, 2023, s 141\ns 107 amd No. 24, 1986, s 48\nrep No. 3, 2016, s 43\ns 108 amd No. 46, 1976, s 14; No. 19, 1979, s 30; No. 24, 1986, ss 46 and 48;\nNo. 14, 2001, s 26; No. 47, 2014, s 29; No. 39, 2019, s 370\ns 109 amd No. 24, 1986, s 48; No. 55, 1991, s 8; No. 12, 2003, s 12; No. 3, 2016,\ns 45\ns 110 amd No. 95, 1978, ss 7 and 14; No. 24, 1986, s 48\npt X hdg ins No. 35, 2006, s 43\ns 111 ins No. 35, 2006, s 43\npt XI hdg ins No. 3, 2008, s 47\ns 112 ins No. 3, 2008, s 47\namd No. 14, 2009, s 174\npt XII hdg ins No. 14, 2009, s 175\nss 113 – 115 ins No. 14, 2009, s 175\ns 116 ins No. 24, 2010, s 17\npt XIII hdg ins No. 3, 2016, s 44\nss 117 – 119 ins No. 3, 2016, s 44\npt XIV hdg ins No. 6, 2019, s 35\nss 120 – 121 ins No. 6, 2019, s 35\ns 122 ins No. 6, 2019, s 35\namd No. 28, 2021, s 20\npt XV hdg ins No. 13, 2023, s 33\nss 123 – 124 ins No. 13, 2023, s 33\nsch 1 amd No. 24, 1986, s 47; No. 65, 1993, s 25; No. 25, 1998, s 7; No. 14, 2009,\ns 176\nsch 2 ins No. 65, 1993, s 25","sortOrder":136}],"analysis":{"flash_summary":{"complexity_score":9,"scope_assessment":{"changed":true,"description":"The Act has extended far beyond a narrow 1975 scheme‑to‑register unit titles. Over successive amendments it has grown into a comprehensive statutory regime covering staged condominium, estate and building developments with developer disclosure and security regimes (Parts IVA, IVB, IVC — see sections 26B–26E, 26Q–26S, 26ZI–26ZJ), supervisory oversight of by‑laws (Part VAA — ss 79AA–79AD), tribunal dispute resolution and administrator powers (ss 90–99, 106), and numerous regulatory hooks (management modules, prescribed valuations and certifications). These additions introduce new policy tools (developer securities, staged disclosure, schemes supervisor certification) and materially widen the Act's scope from simple subdivision and shared ownership to regulated development, consumer protection and active administrative oversight."},"complexity_factors":["Lengthy multi‑Part Act with many specialised Parts (III, IIIA, IVA, IVB, IVC, V, VAA, VI, VII, VIII, IX and transitional Parts)","Large number of defined terms in interpretation section (s 4) and regime‑specific definitions (e.g. developer, disclosure statement) in Parts IVA, IVB, IVC","Multiple interlocking approval/certification steps involving several agencies: Surveyor‑General (ss 15–20), Registrar‑General (s 20), Minister (ss 26D, 26G, 26S), schemes supervisor (ss 79AA–79AB) and Tribunal (ss 90–99, 106)","Extensive cross‑references to other Acts and regulations (Planning Act 1999, Land Title Act 2000, Water Act 1992, Real Property (Unit Titles) Act 1975, etc.)","Numerous conditional gates and exceptions (e.g. conditional approvals s 17; exemptions where unanimous resolution required s 21A; variation procedures s 26J/26W/26ZM)","Multiple specialist schedules and certification requirements: certified schedules of unit entitlement by valuers (ss 11, 21D), licensed surveyor certificates (s 20(3), 21B), building certificates (s 21B(2)(c))","Nested dispute/remedy pathways: internal by‑law review (Part VAA), Tribunal review (s 79AD), Tribunal dispute jurisdiction (s 106), and Ministerial arbitration roles (s 26ZN)","Complex voting and decision thresholds with alternative management modules and regulation‑made variants (s 7, s 58)","Numerous transitional provisions and a long amendment history (many Parts with transitional application rules), increasing interpretative complexity"],"plain_english_summary":"**What this law does (plain mechanics)**\n\n- Creates a framework for converting a single parcel of land (or a building lot) into separately owned \"units\" plus shared \"common property\" and for registering those divisions as an official units plan (Parts III, IV; see sections 10, 20, 22–23).  \n- Establishes and equips a body corporate (sometimes called a management corporation or building/estate management corporation) to own and manage the common property, to levy contributions on unit owners and to make and enforce by‑laws (Part V; see sections 27, 33–36, 76).  \n- Sets out how developers must disclose staged developments (condominium, estate or building developments), the documents required, and when security or other conditions may be imposed (Parts IVA, IVB, IVC; see sections 26B–26E, 26Q–26S, 26ZI–26ZJ).  \n- Prescribes voting rules, meeting procedures and decision thresholds for bodies corporate (section 7).  \n- Requires insurance, provides rules for the application of insurance moneys, and permits owners or mortgagees to insure individual units (Part VI; see sections 80–89).  \n- Provides processes for subdivision, consolidation, conversion and alteration of units and common property; many such changes require special or unanimous resolutions, certificates and surveyor / building certifications (Part IIIA; sections 21A, 21B, 21D, 21F, 21FA).  \n- Creates dispute resolution, enforcement and review routes through the Northern Territory Civil and Administrative Tribunal (Tribunal), and gives the Tribunal powers to alter plans or by‑laws and appoint administrators (sections 90–99, 106, Part VAA).  \n\n**Who is affected**\n\n- Developers / registered proprietors proposing subdivisions or staged developments (Sections 10, 26B, 26Q, 26ZI).  \n- Purchasers and proprietors of units, building lots or lots in estate developments (Parts III, IVB, IVC).  \n- Bodies corporate (management corporations), their committees and committee‑men (Part V).  \n- Mortgagees and lenders whose interests may be recorded or affected by registration, conversion or insurance claims (see sections 23(2), 85–86).  \n- Surveyor‑General, Registrar‑General, Minister and schemes supervisor — who have enforcement, approval and certification roles (sections 15–20, 26D, 79AB).  \n- Tribunal — for disputes, orders altering plans and appointment/removal of administrators (sections 90–99, 106).  \n\n**Why it matters (practical effects)**\n\n- Converts legal ownership into a form suited for multi‑owner developments: individual ownership of units plus collective ownership of shared facilities (sections 22–24).  \n- Allocates day‑to‑day control (maintenance, levies, by‑laws, insurance) to a body corporate that can bind members (sections 33–36, 76–78).  \n- Provides consumer protections for buyers in staged developments: mandatory disclosure statements, rights to damages for developer failure, and, where required, security to meet claims (sections 26C, 26H, 26D, 26V, 26ZO).  \n- Fixes the method used to apportion costs between owners (\"unit entitlements\") and prevents unilateral changes after registration except by specific statutory routes (sections 11, 21D, 26, 36).  \n\n**Official rationale, and a quick analytical test against costs and incentives**\n\nThe Act (and the disclosure‑statement regimes it creates) is presented as protecting purchasers and structuring multi‑unit development so common property is managed jointly. That purpose is implemented through: mandatory disclosure statements (s 26C, 26R, 26ZK), developer security where required (s 26D, 26S, 26ZJ), statutory easements and shared‑use rules (s 25, 26ZS), and Tribunal remedies including damages for failed developments (s 26H, 26V, 26ZO).  \n\nTesting that claim against practical trade‑offs and costs:  \n- Costs borne by developers: preparing and lodging disclosure statements, providing specified securities when required, complying with staged approval conditions and possible Ministerial conditions (sections 26B–26E, 26Q–26S, 26ZJ). These raise development cost and administrative burden.  \n- Costs borne by owners/proprietors: ongoing levies/contributions (s 36), insurance premiums (s 80), compliance with by‑laws and possible pecuniary penalties (s 26ZZA), and potential liability for breaches (s 46).  \n- Incentives created: developers face stronger incentives to complete projects or provide security; bodies corporate have financial incentives to recover costs via levies and to enforce by‑laws; mortgagees have notice and priority mechanisms to protect lending positions (ss 23, 85–86).  \n- Trade‑off between stability and flexibility: unit entitlements and by‑laws are locked in at registration (s 26; s 21D) which preserves predictability for purchasers but can make later, necessary reallocations or adaptations harder (requiring unanimous or Tribunal orders — s 21A, Part VIII).  \n- Bureaucratic discretion & delay risk: Surveyor‑General, Registrar‑General and the Minister have gatekeeper roles (approval, endorsement, security and transfer approvals — ss 15–20, 26D, 26G). That centralisation protects standards but can delay projects and creates administrative discretion.  \n- Compliance & transaction costs: the Act requires certificates, valuations, plans, building/occupancy certifications and notices to public authorities for many actions (ss 11–12, 20, 21B, 21F, 26C), increasing professional costs (surveyors, valuers, lawyers).  \n\nConcrete mechanisms that concentrate benefits or costs\n\n- Concentrated benefit: developers may secure rights in access/construction zones and retain control of undeveloped \"balance\" land in condominium schemes (ss 26M, 26ZB, 26ZY). That concentrates flexibility/wealth in the developer.  \n- Diffuse costs: levies, insurance and maintenance obligations are shared among unit owners proportionate to unit entitlement (s 36), spreading ongoing costs across many small owners.  \n- Anti‑avoidance on consumer protection: purchasers cannot contract out of the protection that a disclosure statement creates (ss 26K, 26ZA, 26ZX). That limits private contracting in favour of statutory guarantees.  \n\n**Who pays, who decides, and what behaviour changes (simple statements)**\n\n- Who pays: developers pay disclosure/preparation and possibly security; proprietors pay levies/contributions and insurance; the corporation (on members' behalf) pays for maintenance and can recover costs from individual proprietors (s 36, ss 80–89, ss 45–46).  \n- Who decides: Surveyor‑General approves subdivision proposals (ss 15–16); Registrar‑General registers plans and notices (ss 20–21); Minister can require security and approve developer transfers (ss 26D, 26G, 26S); schemes supervisor certifies by‑laws (ss 79AA–79AB); Tribunal resolves disputes and can order alterations or appoint administrators (ss 90–99, 106).  \n- Behaviour changes required: developers must prepare and register disclosure statements and may have to lodge security; owners must pay levies, observe by‑laws, and participate in corporation governance; committees must hold meetings, keep accounts and seek required approvals for large expenditures (ss 36, 51, 53).  \n\n**Implementation & compliance risks**\n\n- Delays and costs can arise from multiple certification steps (surveyor, valuer, building certificates, Registrar‑General) (ss 11, 12, 20, 21B, 21F).  \n- Ministerial discretion on security and transfers (ss 26D, 26G) creates uncertainty for developers and buyers until decisions are made.  \n- The need for unanimous resolutions for certain alterations (s 21A) can create hold‑out or coordination problems among owners.  \n\n**Bottom line (practical takeaway)**\n\nThis Act is the Territory's comprehensive legal regime for creating and running multi‑unit property schemes: it defines ownership interests, sets up the bodies that run common property, prescribes voting and levy rules, requires developer disclosure and (in many cases) security, mandates insurance, and gives an administrative and tribunal infrastructure for approvals and dispute resolution. It shifts many ongoing management and cost responsibilities to collective bodies corporate (s 33–36) while protecting purchasers in staged developments through disclosure and remedies (Part IVA/IVB/IVC)."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"_metrics":{"completionTokens":868},"content_quality":"ok","complexity_score":8,"scope_assessment":{"changed":true,"description":"The Act has expanded significantly from its original 1975 purpose of basic unit title subdivision. Major additions include: Part IVA (condominium developments, 1986), Part IVB (estate developments, 1993), Part IVC (building developments, 2001), Part VAA (by-law review and certification, 2019), and extensive transitional provisions. The legislation now covers four distinct development types with different rules, plus water extraction area restrictions (2023), creating a much broader regulatory framework than originally intended."},"complexity_factors":["Multiple overlapping development types (standard units, condominiums, estate developments, building developments) with different rules","Extensive cross-referencing to other NT legislation including the Planning Act 1999, Land Title Act 2000, Real Property (Unit Titles) Act 1975, and Water Act 1992","47+ defined terms in section 4 alone, many with nested definitions","Complex voting mechanisms with five different resolution types (unanimous, without dissent, majority, ordinary, special) with different thresholds","Multiple transitional provisions across 15 Parts (X through XV) dealing with amendments from 2006 through 2023","Detailed procedural requirements for plan registration, certification, and endorsement with strict time limits","Nested exceptions and conditional approvals throughout the subdivision process","Building development provisions (Part IVC) creating a two-tier subdivision system with building lots and units","Security deposit and insurance requirements with conditional triggers","By-law review and certification process involving the schemes supervisor and Tribunal"],"plain_english_summary":"This is the **Northern Territory's Unit Titles Act 1975**, which governs how land is subdivided into strata title properties (apartments, townhouses, and similar developments) and how those properties are managed.\n\n**What it does:**\n\nThe Act creates a legal framework for **unit title schemes** — essentially, the legal structure that lets you own an individual apartment or unit while sharing ownership of common areas like gardens, driveways, and lobbies with other owners.\n\n**Key areas covered:**\n\n- **Creating unit titles**: Sets out how a developer can subdivide land into units and common property, including the approval process through the Surveyor-General, required documentation (plans, valuations), and registration requirements.\n\n- **Three types of developments**:\n  - **Standard unit developments** (Part III)\n  - **Condominium developments** — multi-stage projects like apartment complexes built in phases (Part IVA)\n  - **Estate developments** — larger land subdivisions, often for residential communities (Part IVB)  \n  - **Building developments** — a newer category for subdividing into \"building lots\" that can be further subdivided later (Part IVC)\n\n- **Management corporations**: Automatically creates a body corporate (owners' corporation) when a units plan is registered. This corporation manages common property, collects fees (levies) from owners, arranges insurance, and enforces rules.\n\n- **Owners' rights and obligations**: Owners get automatic easements (rights) for services like water, electricity, and support from neighbouring units. They must pay contributions toward common expenses, maintain their own units, and follow by-laws.\n\n- **Dispute resolution**: Provides for the Northern Territory Civil and Administrative Tribunal to resolve disputes between owners, the corporation, and developers.\n\n- **Insurance**: Requires the corporation to insure buildings against fire, storm, and other risks, plus public liability insurance.\n\n- **Developer accountability**: Imposes obligations on developers to complete projects as disclosed, with security deposits required and damages payable if they fail.\n\n**Who it affects:**\n\nAnyone buying, selling, or developing strata-titled property in the Northern Territory — apartment owners, townhouse residents, developers, body corporate managers, and real estate professionals.\n\n**Why it matters:**\n\nThis Act underpins property ownership for most multi-unit residential developments in the NT. It balances individual property rights with collective management responsibilities, and provides mechanisms to hold developers accountable for delivering what they promised."}},"importantCases":[],"_links":{"self":"/api/acts/unit-titles-act-1975","history":"/api/acts/unit-titles-act-1975/history","analysis":"/api/acts/unit-titles-act-1975/analysis","conflicts":"/api/acts/unit-titles-act-1975/conflicts","importantCases":"/api/acts/unit-titles-act-1975/important-cases","documents":"/api/acts/unit-titles-act-1975/documents"}}