{"id":"a-2001-16","name":"Unit Titles Act 2001","slug":"unit-titles-act-2001","collection":"act","jurisdiction":"act","status":"in_force","isInForce":true,"actNumber":"16 of 2001","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":24394,"registerId":"act-a-2001-16-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"5","sectionType":"section","heading":"Earlier republications 120","content":"5 Earlier republications 120\n","sortOrder":0},{"sectionNumber":"6","sectionType":"section","heading":"Expired transitional or validating provisions 123","content":"6 Expired transitional or validating provisions 123\n\nAn Act to provide for the subdivision of land by units plans, and for other\npurposes\n\n","sortOrder":1},{"sectionNumber":"1","sectionType":"section","heading":"Name of Act","content":"1 Name of Act\nThis Act is the Unit Titles Act 2001.\n","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Dictionary","content":"3 Dictionary\nThe dictionary at the end of this Act is part of this Act.\nNote 1 The dictionary at the end of this Act defines certain terms used in this\nAct, and includes references (signpost definitions) to other terms defined\nelsewhere.\nFor example, the signpost definition ‘owners corporation—see the Unit\nTitles (Management) Act 2011, dictionary.’ means that the term ‘owners\ncorporation’ is defined in that dictionary and the definition applies to this\nAct.\nNote 2 A definition in the dictionary (including a signpost definition) applies to\nthe entire Act unless the definition, or another provision of the Act,\nprovides otherwise or the contrary intention otherwise appears (see\nLegislation Act, s 155 and s 156 (1)).\n","sortOrder":3},{"sectionNumber":"4","sectionType":"section","heading":"Notes","content":"4 Notes\nA note included in this Act is explanatory and is not part of this Act.\nNote See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.\n\nUnit title developments Division 2.1\n5 Parcels\nA parcel is land—\n(a) proposed (in a unit title application) to be subdivided under this\nAct; or\n(b) comprising the whole of the land subdivided under this Act (as\nshown in a registered units plan).\nNote A parcel includes land under a declared land sublease.\n6 Unit title application\nA unit title application is an application under section 17 for the\nsubdivision of land under this Act.\n","sortOrder":4},{"sectionNumber":"7","sectionType":"section","heading":"Units plan","content":"7 Units plan\n(1) After a unit title application has been approved, there is a units plan\nconsisting of the following documents mentioned in section 27\n(Endorsement of units plan for registration):\n(a) diagrams showing the subdivision;\n(b) if the application provides for a staged development—the\ndevelopment statement;\n(c) the schedule of unit entitlement;\n(d) schedules of rent and lease provisions.\n(2) After those documents have been registered, the units plan consists of\nthe registered documents as amended from time to time under this\nAct.\n\n","sortOrder":5},{"sectionNumber":"8","sectionType":"section","heading":"Unit entitlement","content":"8 Unit entitlement\n(1) The schedule of unit entitlement forming part of a units plan is a\nschedule indicating (by numbers assigned to each unit) the improved\nvalue of each unit relative to each other unit (the unit’s unit\nentitlement).\n(2) For this Act, the total unit entitlement under a schedule of unit\nentitlement must be 10, 100, 1 000, 10 000 or 100 000.\n","sortOrder":6},{"sectionNumber":"9","sectionType":"section","heading":"Units","content":"9 Units\n(1) A unit is a part of a parcel shown in a unit title application or a units\nplan as a unit.\n(2) After a units plan is registered, a unit of the units plan includes any\nunit subsidiary shown on the units plan as annexed to the unit.\n","sortOrder":7},{"sectionNumber":"10","sectionType":"section","heading":"Class A units","content":"10 Class A units\n(1) A class A unit is a unit that is identified as a class A unit—\n(2) After a units plan is registered, a class A unit of the units plan\nincludes any unit subsidiary shown on the units plan as annexed to\nthe unit.\nNote A unit title application must show a class A unit as part of a building\nbounded by reference to floors, walls and ceilings (see s 18).\n","sortOrder":8},{"sectionNumber":"11","sectionType":"section","heading":"Class B units","content":"11 Class B units\n(1) A class B unit is a unit that is identified as a class B unit—\n\nUnit title developments Division 2.1\n(2) After a units plan is registered, a class B unit of the units plan\nincludes any unit subsidiary shown on the units plan as annexed to\nthe unit.\nNote A unit title application must show a class B unit as land unlimited in\nheight, except to the extent of any encroachment, whether at, above or\nbelow ground level, by another part of the parcel (see s 18).\n","sortOrder":9},{"sectionNumber":"12","sectionType":"section","heading":"Unit subsidiaries","content":"12 Unit subsidiaries\nA unit subsidiary is a part of a parcel identified as a unit subsidiary\nannexed to a unit—\nNote A unit title application must show a unit subsidiary as a building (or part\nof a building) of a kind prescribed by regulation, or as a building (or part\nof a building) or land suitable for a purpose prescribed by regulation (see\ns 19 and Unit Titles Regulation 2001, s 3).\n","sortOrder":10},{"sectionNumber":"12A","sectionType":"section","heading":"Meaning of annexed","content":"12A Meaning of annexed\nA unit subsidiary or an easement that is stated by this Act to be\nannexed to a unit, common property or an estate in leasehold is taken\nto be appurtenant to the unit, common property or estate.\nNote Property in a unit subsidiary or easement that is, at law, ‘appurtenant’ to\na unit, common property or a leasehold estate is transferred with that\nestate when the unit, common property or lease is transferred.\n","sortOrder":11},{"sectionNumber":"13","sectionType":"section","heading":"Common property","content":"13 Common property\nCommon property is all the parts of a parcel identified as common\nproperty—\n\nNote A unit title application must show as common property all parts of the\nparcel that are not shown as units or unit subsidiaries (see s 17 (3) (c)).\n","sortOrder":12},{"sectionNumber":"14","sectionType":"section","heading":"Common boundaries—internal","content":"14 Common boundaries—internal\nIf a floor, wall or ceiling separates a class A unit or a unit subsidiary\nfrom common property or another unit or unit subsidiary, the\ncommon boundary lies along the centre of the floor, wall or ceiling,\nunless otherwise specified in the relevant unit title application or units\nplan.\n","sortOrder":13},{"sectionNumber":"15","sectionType":"section","heading":"Common boundaries—external","content":"15 Common boundaries—external\nIf a class A unit or a unit subsidiary is bounded by an external wall of\nthe building containing the units, then, unless otherwise indicated in\nthe relevant unit title application or units plan—\n(a) the boundary of the unit or unit subsidiary lies along the centre\nof the wall; and\n(b) the part of the wall outside the boundary is common property.\n","sortOrder":14},{"sectionNumber":"16","sectionType":"section","heading":"Minor boundary changes","content":"16 Minor boundary changes\nA minor boundary change is a change to the boundaries between\nunits, or between units and the common property, to which all of the\nfollowing criteria apply:\n(a) the change would not involve any change of the boundaries of\nthe parcel;\n(b) the change would not substantially change the units plan, or the\nproposed units plan;\n\nBoundaries Division 2.2\n(c) the change would not result in any inconsistency arising with the\nprovisions of the lease (or any declared land sublease) under\nwhich any of the units, or the common property, is held;\n(d) approval under this Act or any other relevant territory law for\nthe subdivision and development of the parcel would still have\nbeen given if the proposals for the subdivision of the parcel\nunder this Act, or any other relevant development proposals, had\nshown the boundaries as they are proposed to be changed.\n\n","sortOrder":15},{"sectionNumber":"17","sectionType":"section","heading":"Unit title applications—general requirements","content":"17 Unit title applications—general requirements\n(1) This section applies to a parcel if the remaining term of the parcel’s\nlease is at least 50 years.\n(2) The lessee of the parcel may apply to the territory planning authority\nfor approval of the subdivision of the parcel under this Act.\n(3) The application must provide for the subdivision of the parcel into—\n(a) class A units or class B units, but not both; and\n(b) unit subsidiaries (if any are provided for in the application); and\n(c) common property (for the remaining parts of the parcel).\nNote The requirements for what may be shown as class A units, class B units\nand unit subsidiaries are set out in s 18 and s 19.\n(4) The application may provide for the development of all or some of\nthe units and unit subsidiaries (their staged development) after the\napproval of the application.\nNote An application for a staged development may be approved only if—\n(a) the development has development approval under the Planning\nAct 2023 (see s 20 (3) and that Act, ch 7); and\n(b) for developments of class A units, the boundary floors, walls and\nceilings of each unit have already been built in accordance with the\ndevelopment statement (see s 20 (3)).\n\n(5) The application must include—\n(a) if the parcel is prescribed by regulation—\n(i) a unit title assessment report that is not more than 3 months\nold; and\n(ii) if a work approval for the development is required under\nthe Public Unleased Land Act 2013, section 19 (Approval\nto carry out work on public unleased land)—a copy of the\napproval; and\n(b) a plan prepared by a registered surveyor showing anything\nNote Unit title assessment report—see s 22B.\n(6) The application must include a statement about the proposed use of\nthe units indicating—\n(a) the full list of potential authorised uses under the lease for the\nparcel; and\n(b) if the developer proposes to restrict the use of a unit to a subset\nof the potential uses mentioned in paragraph (a)—\n(i) the proposed subset of uses that applies to the unit; and\n(ii) the conditions (if any) applying to a stated use.\nExample—par (b) (ii)\nuse of a unit for ‘shop’ only if that use will not make the total gross floor area\nof the building that is used for ‘shop’ more than 800m2\n(7) If the application provides for a staged development, it must\ninclude—\n(a) a development statement prepared in accordance with the\nregulations; and\n(b) on the completion of each stage of the development, the\ndocuments mentioned in subsection (5).\n\n(8) In this section:\nstage, of a development, means a stage identified in the development\nstatement.\n","sortOrder":16},{"sectionNumber":"17A","sectionType":"section","heading":"Unit title applications—land under declared land sublease","content":"17A Unit title applications—land under declared land sublease\n(1) This section applies to an application to the territory planning\nauthority for approval of the subdivision of a parcel of land under a\ndeclared land sublease.\n(2) The Crown lessee must consent, in writing, to the application.\n(3) For subsection (2)—\n(a) the sublessee must request the Crown lessee’s consent, in\nwriting; and\n(b) within 10 working days after receiving the request, or any longer\nperiod agreed by the sublessee and Crown lessee, the Crown\nlessee may, in writing, ask the sublessee to give the Crown\nlessee information about the following:\n(i) the proposed subdivision of the land;\n(ii) the use of the units in the units plan; or\n(c) if the Crown lessee has mortgaged the land under the Crown\nlease and the consent of the Crown lessee’s mortgagee is\nrequired under the mortgage to the application—\n(i) the Crown lessee must—\n(A) tell the Crown lessee’s mortgagee that the request by\nthe sublessee has been made and of the terms of the\nrequest; and\n(B) if asked by the mortgagee—ask the sublessee for the\ninformation mentioned in paragraph (b) and give the\ninformation to the mortgagee; and\n\n(ii) the Crown lessee’s mortgagee must consent or refuse\nconsent (including reasons for the refusal), in writing, to\nthe Crown lessee and the sublessee within 10 working days\nafter—\n(A) being told about the sublessee’s request; or\n(B) if the mortgagee asks for information under paragraph\n(c) (i) (B)—receiving the information; and\n(iii) the Crown lessee must consent or refuse consent (including\nreasons for the refusal), in writing, to the sublessee; and\n(d) if paragraph (c) does not apply—the Crown lessee must consent\nor refuse consent (including reasons for the refusal), in writing,\nwithin 10 working days after—\n(i) receiving the sublessee’s request; or\n(ii) if the Crown lessee asks for information under\nparagraph (b)—receiving the information; and\n(e) the sublessee is responsible for the reasonable costs of the\nCrown lessee, and the Crown lessee’s mortgagee, in making a\ndecision about whether to consent to the unit title application\n(not including any costs incurred in relation to an order under\nsubsection (4) (c) (ii)).\nNote If no time is provided for doing a thing under this subsection, the thing\nmust be done as soon as possible (see Legislation Act, s 151B).\n(4) For subsection (3) (c) and (d)—\n(a) a person to whom a request for consent is made (the request\nreceiver) is taken to have consented to the unit title application\nif the request receiver does not consent or refuse consent within\nthe relevant period mentioned in subsection (3) (c) (ii) and (d);\nand\n\n(b) a request receiver may only refuse consent if the request receiver\nhas reasonable grounds for believing—\n(i) the proposed subdivision of the land, or the use of the units\nin the units plan, will not be compatible with other\nsublessees under the Crown lease; or\n(ii) the sublessee is in breach of the sublease; and\n(c) if a request receiver refuses consent—\n(i) the sublessee may apply to the Magistrates Court for an\norder that the request receiver has refused consent\notherwise than in accordance with this section; and\n(ii) if the Magistrates Court is satisfied the request receiver has\nrefused consent otherwise than in accordance with this\nsection, the Court must order that the request receiver is\ntaken to have consented to the request.\n","sortOrder":17},{"sectionNumber":"17B","sectionType":"section","heading":"Unit title applications—lease part of multi-lease building","content":"17B Unit title applications—lease part of multi-lease building\n(1) This section applies to an application under section 17 or section 17A\nto the territory planning authority for approval of the subdivision of a\nparcel if—\n(a) there is a building on, or proposed for, any part of the parcel;\nand\n(b) the building includes leases that are not included in the\napplication; and\n(c) the parcel is not part of a community title scheme approved\nunder the Community Title Act 2001, section 10.\n(2) The application must include a building management statement.\n\n","sortOrder":18},{"sectionNumber":"18","sectionType":"section","heading":"Unit title applications—class A units and class B units","content":"18 Unit title applications—class A units and class B units\n(1) A unit title application must show any class A unit as part of a\nbuilding, with boundaries defined by reference to the floors, walls and\nceilings of the building as shown in the application.\n(2) A unit title application must show any class B unit as land that has\nboundaries unlimited in height except to the extent of any\nencroachment at, above or below ground level by another part of the\nparcel.\n","sortOrder":19},{"sectionNumber":"19","sectionType":"section","heading":"Unit title applications—unit subsidiaries","content":"19 Unit title applications—unit subsidiaries\n(1) A unit title application must show any unit subsidiary as—\n(a) a building, or part of a building, of a kind prescribed by\nregulation; or\n(b) a building, part of a building, or land, that is suitable for a\npurpose prescribed by regulation.\nNote See the Unit Titles Regulation 2001, s 3 for the permissible kinds of unit\nsubsidiaries and purposes.\n(2) The application must show any unit subsidiary consisting of a\nbuilding or part of a building with boundaries defined by reference to\nthe floors, walls and ceilings of the building.\n(3) The application must show any unit subsidiary consisting of land as\nhaving boundaries unlimited in height except to the extent of any\nencroachment at, above or below ground level by another part of the\nparcel.\n(4) The application must show unit subsidiaries as annexed to a particular\nunit, but need not show unit subsidiaries as adjoining the unit.\n\n","sortOrder":20},{"sectionNumber":"19A","sectionType":"section","heading":"Unit title applications—certificates of occupancy and use","content":"19A Unit title applications—certificates of occupancy and use\n(1) At the time of making a unit title application, or at any time before\nthe application is approved under section 20, the applicant must give\nthe registrar-general a copy of the most recent certificate of\noccupancy and use—\n(a) for each unit in the parcel; and\n(b) for any structure within the boundaries of the common property.\n(2) In this section:\ncertificate of occupancy and use means—\n(a) for a development on or after 1 July 1995—a certificate of\noccupancy issued under, or taken to be issued under, the\nBuilding Act 2004; or\n(b) for a development before 1 July 1995—a certificate of\noccupancy issued under the Building Act 1972 (repealed) and\nthe approval of plumbing or drainage work issued under the\nEnergy and Water Act 1988 (repealed).\n","sortOrder":21},{"sectionNumber":"20","sectionType":"section","heading":"Unit title applications—approval","content":"20 Unit title applications—approval\n(1) The territory planning authority may approve a unit title application\nif satisfied on reasonable grounds that—\n(a) the application is in accordance with this Act; and\n(b) each unit is (or will be) suitable for separate occupation; and\n(c) the proposed use for each unit—\n(i) is permitted under the lease for the parcel; and\n\n(ii) is consistent with any development approval under the\nPlanning Act 2023, chapter 7, or condition subject to which\na development approval is given, applying to the building\nor use of the relevant building; and\nNote 1 If a development approval relates to the use of land, or of a building\nor other structure on land, a condition of the approval may be that\nthe use may take place only in stated circumstances or at stated\ntimes (see Planning Act 2023, s 187 (2) (i)).\nNote 2 The territory planning authority must not do any act that is\ninconsistent with the territory plan (see Planning Act 2023, s 52).\n(d) the proposed schedule of unit entitlement is reasonable, having\nregard to the prospective relative improved values of the units;\nand\n(e) if the application shows an encroachment on public unleased\nland by an attachment to a building—\n(i) if the attachment exists on the day the application is lodged\nwith the authority—the attachment is an authorised\nexisting attachment; or\nNote Authorised existing attachment—see s (10).\n(ii) in any other case—\n(A) the encroachment would not endanger public safety\nor unreasonably interfere with the amenity of the\nneighbourhood; and\n(B) it is not in the public interest to refuse to approve the\napplication because of the encroachment; and\n(f) if the application includes a building management statement—\n(i) the statement has been approved under the Land Titles\nAct 1925, section 123I; or\n(ii) the requirements mentioned in the Land Titles Act 1925,\nsection 123I (2) are met.\n\n(2) If a unit title application provides for staged development, the\nterritory planning authority may approve a stage of the development\n(a development stage) as if the stage were a unit title application.\n(3) The territory planning authority may approve a development stage\nonly if satisfied that—\n(a) the development has development approval under the Planning\nAct 2023, chapter 7; and\n(b) for a staged development of class A units—the boundary floors,\nwalls and ceilings of each unit in the development stage have\nbeen built in accordance with the development statement.\n(4) Also, if a unit title application relates to a lease located within a\nprescribed zone, the territory planning authority may approve the\napplication only if the lease states the number of units (however\ndescribed) permitted on the land and the application is for not more\nthan the permitted number of units.\n(5) The territory planning authority may refuse to approve the application\nif the lessee is in breach of the lease, or of a provision of (or\nrequirement under) the Planning Act 2023 that applies because the\nlessee is the lessee of the parcel.\n(6) The territory planning authority may refuse to approve the application\nif the proposed subdivision would be inconsistent with the\nrequirements of the heritage register.\n(7) The territory planning authority may refuse to approve the application\nif—\n(a) the applicant is required to provide the authority with a unit title\nassessment report under section 17 and—\n(i) has not provided a unit title assessment report; or\n(ii) has provided a unit title assessment report that is more than\n3 months old; or\n\n(b) the applicant is required to provide a copy of either of the\nfollowing documents to the authority and the applicant has not\nprovided the document:\n(i) for section 17 (5) (a) (ii)—a work approval under the\nPublic Unleased Land Act 2013, section 19;\n(ii) for section 19A (1)—a certificate of occupancy and use; or\n(c) the authority has asked for further information under\nsection 22F and the applicant has not provided some or all of the\ninformation by—\n(i) the end of the period stated in the request; or\n(ii) if the authority has extended the period within which the\nfurther information must be provided—the end of that\n(8) If a parcel is leased for rural purposes, the territory planning authority\nmay approve the application only if—\n(a) criteria have been determined by the authority for the approval\nof rural unit title applications; and\n(b) the application is in accordance with the criteria.\n(9) A determination under subsection (8) (a) is a disallowable instrument.\n(10) In this section:\nauthorised existing attachment, in relation to a unit title application,\nmeans—\n(a) if the application includes the cancellation of a units plan (the\nold plan) that was registered before 1 January 2002—the old\nplan shows the attachment; or\n(b) in any other case—the attachment was lawful when it was\nconstructed.\ncertificate of occupancy and use—see section 19A (2).\n\nprescribed zone means a zone identified in the territory plan that is\nstage, of a staged development, means a stage identified in the\ndevelopment statement.\n","sortOrder":22},{"sectionNumber":"21","sectionType":"section","heading":"Unit title applications—reasonable rent","content":"21 Unit title applications—reasonable rent\n(1) If the territory planning authority considers that the rent proposed in\na unit title application to be reserved for the lease of 1 or more units\nis not reasonable in the circumstances, the authority must determine\nwhat rent is reasonable for the relevant unit or units.\n(2) The total rent for all units, worked out in accordance with the territory\nplanning authority’s determination, must not exceed the rent payable\nunder the lease of the parcel when the determination is made.\n(3) If the total rent for all units, worked out in accordance with the\nterritory planning authority’s determination, equals the rent payable\nunder the lease of the parcel when the determination is made, a\ndecision (under part 14 (Notification and review of decisions)) on an\nobjection or review of the authority’s determination must not change\nthe total amount.\n","sortOrder":23},{"sectionNumber":"22","sectionType":"section","heading":"Unit title applications—amendment of development","content":"22 Unit title applications—amendment of development\nstatement by authority\nIf a unit title application provides for a staged development, the\nterritory planning authority may, before approving the application\nunder section 20, amend the development statement if the authority\nconsiders it reasonable to do so to minimise the adverse effect of the\ndevelopment on anyone’s amenity while it is taking place.\n\n","sortOrder":24},{"sectionNumber":"Div 3","sectionType":"division","heading":"1A Unit title assessment reports for unit","content":"Division 3.1A Unit title assessment reports for unit\ntitle applications\n","sortOrder":25},{"sectionNumber":"22A","sectionType":"section","heading":"Meaning of unit title assessor","content":"22A Meaning of unit title assessor\nIn this Act:\nunit title assessor means—\n(a) a works assessor licensed under the Construction Occupations\n(Licensing) Act 2004; or\nNote Works assessor—see the Construction Occupations (Licensing)\nAct 2004, s 14A.\n(b) a building surveyor licensed under the Construction\nOccupations (Licensing) Act 2004 when providing a works\nassessment service.\nNote Building surveyor—see the Construction Occupations (Licensing)\nAct 2004, s 9.\n","sortOrder":26},{"sectionNumber":"22B","sectionType":"section","heading":"Unit title assessment reports","content":"22B Unit title assessment reports\n(1) An applicant under section 17 (the applicant) may apply, in writing,\nto a unit title assessor for a report (a unit title assessment report).\n(2) The application must include any details or material prescribed by\nregulation.\nExamples\n1 proposed unit title plans\n2 information about a development approval\n\n(3) If a unit title assessor receives an application under subsection (1) and\nthe unit title assessor agrees to undertake the work, the unit title\nassessor must—\n(a) prepare a unit title assessment report and give it to the applicant;\nand\nNote 1 The report must be prepared and given to the applicant as soon as\npossible (see Legislation Act, s 151B).\nNote 2 The unit title assessor may refuse to prepare and provide a report if\nthe unit title assessor does not have enough information (see\ns 22E).\n(b) not later than 5 working days after the day the assessor gives the\nreport to the applicant—give a copy of the report to the territory\nplanning authority.\n(4) If, after taking reasonable steps, an applicant cannot find a unit title\nassessor who will agree to prepare a unit title assessment report, the\napplicant may apply to the construction occupations registrar to\nappoint a unit title assessor to prepare a unit title assessment report\nand give it to the applicant.\n(5) A regulation may prescribe the requirements for a unit title\nassessment report, including—\n(a) what the report must contain; or\n(b) anything that must accompany the report.\n","sortOrder":27},{"sectionNumber":"22C","sectionType":"section","heading":"Unit title assessment report applications—unit title","content":"22C Unit title assessment report applications—unit title\nassessor may require further information\n(a) a unit title assessor requires further information to prepare a unit\ntitle assessment report under section 22B; and\n(b) the applicant and the unit title assessor have not agreed that the\nunit title assessor will obtain the further information; and\n\n(c) the unit title assessor believes on reasonable grounds that the\nfurther information will help the unit title assessor to prepare the\nreport.\n(2) The unit title assessor may, by written notice, ask the applicant to give\nthe unit title assessor stated further information in relation to the\napplication.\n(3) This section does not entitle a unit title assessor to require—\n(a) photographs to be taken by someone other than the owner of the\nparcel of land; or\n(b) photographs to be taken using equipment other than equipment\nof the owner’s choice; or\n(c) further information if—\n(i) the unit title assessor has, or has reasonable access to,\nsuitable information that allows the unit title assessor to\ndecide the application without personally inspecting the\nland where the building work is to be carried out; or\n(ii) a territory law requires the unit title assessor to personally\nobtain or be given the information.\nExamples—suitable information unit title assessor has or has reasonable\naccess to\n1 The website www.actmapi.act.gov.au provides aerial photographs and\ntopographical information including ground contours for some ACT areas. If\nthe land to which an application relates is covered by the website, the\nphotographs and contours have sufficient information, and are accurate and\nrecent enough, to decide the application in relation to tree and ground-height\nrelated matters, the unit title assessor may not require further information or\ndocuments by way of photographs or topographical information in relation to\ntrees and ground heights.\n","sortOrder":28},{"sectionNumber":"2","sectionType":"section","heading":"A unit title assessor may verify land tenure and permit and statutory approval","content":"2 A unit title assessor may verify land tenure and permit and statutory approval\nmatters by contacting the statutory custodians of the information to a sufficient\ndegree to decide the application in relation to those matters. The unit title\nassessor may not require further information in relation to those matters.\n\n3 The land to which an application relates is covered by\nwww.actmapi.act.gov.au but, because the slope of the land to be built on is\nsteeper than would be adequately shown on the website, the unit title assessor\ndoes not have suitable information to allow the unit title assessor to decide the\napplication without personally inspecting the land. Another website has some\ntopographical information on the land, but it is not of sufficient resolution, or\nrecent enough, to be relied on by the unit title assessor in relation to ground\nheights to decide the application. The unit title assessor may require further\ninformation in relation to ground heights.\n(4) For this section, a unit title assessor that is a partnership inspects land\npersonally if any partner inspects the land.\n","sortOrder":29},{"sectionNumber":"22D","sectionType":"section","heading":"Unit title assessment report applications—contents of","content":"22D Unit title assessment report applications—contents of\nrequest for further information\n(1) A request under section 22C must—\n(a) state the period within which the further information asked for\nmust be provided; and\n(b) if the further information is not a document—state that the\nfurther information must be provided in writing; and\n(c) state that the applicant need not provide the further information,\nbut if the applicant fails to provide some or all of the information\nin accordance with the request, the unit title assessor may refuse\nto provide a unit title assessment report under section 22E; and\n(d) state that, despite the applicant and unit title assessor having\npreviously not agreed that the unit title assessor would obtain\nthe further information, the applicant and unit title assessor may\nagree that the unit title assessor will obtain the information.\n(2) The request may require the applicant to give a statement confirming\nall or part of any information provided.\nNote It is an offence to make a false or misleading statement, give false or\nmisleading information or produce a false or misleading document (see\nCriminal Code, pt 3.4).\n\n(3) The period stated under subsection (1) (a) must be at least 20 working\ndays or, if a shorter period is prescribed by regulation, the shorter\n(4) The unit title assessor may, on application before the end of the period\nstated under subsection (1) (a), extend the period within which the\nfurther information must be provided once only, for a period not\nlonger than 20 working days.\n","sortOrder":30},{"sectionNumber":"22E","sectionType":"section","heading":"Unit title assessment report applications—effect of failure","content":"22E Unit title assessment report applications—effect of failure\nto provide further information\n(a) a unit title assessor has asked for further information under\nsection 22C in relation to an application; and\n(b) the applicant has not provided some or all of the information\nby—\n(i) the end of the period stated in the request; or\n(ii) if the unit title assessor has extended the period within\nwhich the further information must be provided—the end\nof that period; and\n(c) the applicant and the unit title assessor have not agreed that the\nunit title assessor will obtain the further information.\n(2) The unit title assessor may refuse to prepare and provide a unit title\nassessment report under section 22B.\n","sortOrder":31},{"sectionNumber":"22F","sectionType":"section","heading":"Unit title applications—authority may require further","content":"22F Unit title applications—authority may require further\n(a) an applicant has provided a unit title assessment report under\nsection 17; and\n\n(b) further information is needed for the territory planning authority\nto be able to decide the application under section 20; and\n(c) the authority believes on reasonable grounds that the further\ninformation will help the authority to decide the application\n(2) The authority may, by written notice, ask the applicant to give the\nauthority stated further information in relation to the application.\n","sortOrder":32},{"sectionNumber":"22G","sectionType":"section","heading":"Unit title applications—contents of request for further","content":"22G Unit title applications—contents of request for further\n(1) A request under section 22F must—\n(a) state the period within which the further information asked for\nmust be provided; and\n(b) if the further information is not a document—state that the\nfurther information must be provided in writing; and\n(c) state that the applicant need not provide the further information,\nbut if the applicant fails to provide some or all of the information\nin accordance with the request, the authority may refuse to\napprove the unit title application under section 20 (7).\n(2) The period stated under subsection (1) (a) must be at least 20 working\ndays or, if a shorter period is prescribed by regulation, the shorter\n(3) The authority may, on application before the end of the period stated\nunder subsection (1) (a), extend the period within which the further\ninformation must be provided once only, for a period not longer than\n20 working days.\n\nEndorsement of units plan for registration Division 3.2\nDivision 3.2 Endorsement of units plan for\n","sortOrder":33},{"sectionNumber":"23","sectionType":"section","heading":"Notice of approval of unit title applications","content":"23 Notice of approval of unit title applications\n(1) If the territory planning authority approves a unit title application for\na parcel, the authority must give the lessee of the parcel—\n(a) written notice of approval including—\n(i) if the application provides for a staged development—\na copy of the development statement, signed by the\nauthority, as amended (if at all) under section 22; and\n(ii) particulars of any security required under section 24; and\n(b) a schedule setting out, for each unit—\n(i) the rent to be reserved under the lease; and\n(ii) the provisions subject to which the lease is to be held\nincluding the permitted uses and—\n(A) whether the unit is restricted to residential use only;\nand\n(B) if the unit is not restricted to residential use only—the\nfull list of potential uses; and\n(C) any conditions on a particular use; and\n(c) a schedule setting out the provisions subject to which the lease\nof the common property is to be held.\n(2) The rent reserved under the lease of a unit as indicated in the schedule\nmentioned in subsection (1) (b) is the rent for that unit (including any\nunit subsidiary annexed to the unit) indicated in the application or as\ndecided by the territory planning authority under section 21 (Unit title\napplications—reasonable rent).\n\n","sortOrder":34},{"sectionNumber":"24","sectionType":"section","heading":"Security for staged developments and unfinished work","content":"24 Security for staged developments and unfinished work\n(1) This section applies to—\n(a) a staged development; or\n(b) any works (including, for example, landscaping, roadworks and\nwork on driveways) required to give effect to a development\nprovided for in an approved unit title application that (in the\nterritory planning authority’s opinion) will not be complete\nwhen the units plan is endorsed under section 27.\n(2) If this section applies, the territory planning authority may, by written\nnotice to the lessee of the parcel, require the lessee to give a bond to\nthe Territory providing security for—\n(a) if it is a staged development—the completion of the\ndevelopment in accordance with the development statement; or\n(b) in any other case—the completion of the works, as provided for\nin the unit title application, within the time stated in the notice.\n(3) The required security must not exceed—\n(a) for a staged development—10% of the total cost of the work\nrequired to be carried out to complete the staged development;\nor\n(b) in any other case—the amount required to complete the\nincomplete works under the notice.\n(4) If a bond is forfeited, the Territory is entitled to all of the security or\nto a lesser amount decided by the territory planning authority.\n","sortOrder":35},{"sectionNumber":"25","sectionType":"section","heading":"Territory rent for common property lease","content":"25 Territory rent for common property lease\nThe rent reserved under a lease of common property is 5 cents per\nyear payable if and when demanded.\n\nEndorsement of units plan for registration Division 3.2\n","sortOrder":36},{"sectionNumber":"26","sectionType":"section","heading":"Territory rent for unit leases—unit title proposals","content":"26 Territory rent for unit leases—unit title proposals\napproved before 1 October 1975\nIf proposals for the subdivision of a parcel of land were approved\nunder the Unit Titles Act 1970 before 1 October 1975 (whether\nconditionally or otherwise), the rent reserved under the lease of any\nunit provided for by the proposals is 5 cents per year payable if and\nwhen demanded.\n","sortOrder":37},{"sectionNumber":"27","sectionType":"section","heading":"Endorsement of units plan for registration","content":"27 Endorsement of units plan for registration\n(1) If the territory planning authority has approved a unit title application,\nthe lessee of the parcel may submit to the authority for endorsement\nunder this section a units plan consisting of the following documents:\n(a) diagrams showing the subdivision as approved (including the\nnature and extent of any encroachment mentioned in\nsection 20 (1) (e) (Unit title applications—approval));\n(b) if the application provides for a staged development—\n(i) the development statement as approved; or\n(ii) if the development statement has been amended under\nsection 29—the development statement as amended;\n(c) the schedule of unit entitlement as approved;\n(d) the schedules of rent and lease provisions given to the lessee\nunder section 23 (1) (b) and (c).\n(2) The documents must comply with the regulations.\n(3) The territory planning authority must approve the documents as the\nunits plan in accordance with the regulations unless—\n(a) there has been any development on the parcel since the\napplication was approved by the authority (except any part of a\nstaged development carried out in accordance with the\ndevelopment statement); or\n\n(b) the lessee is in breach of the lease, or of a provision of (or\nrequirement under) the Planning Act 2023 that applies because\nthe lessee is the lessee of the parcel; or\n(c) the documents submitted to the authority are not in accordance\nwith the application as approved, or do not comply with this\nsection; or\n(d) the full amount of any security required under section 24 has not\nbeen provided with the documents.\n","sortOrder":38},{"sectionNumber":"28","sectionType":"section","heading":"Lapse of endorsement after 3 months","content":"28 Lapse of endorsement after 3 months\n(1) An endorsement of a units plan (under section 27) ceases to have\neffect—\n(a) 3 months after it was made, unless the units plan has been lodged\nwith the registrar-general for registration under the Land Titles\n(Unit Titles) Act 1970; or\n(b) if the units plan is lodged within 3 months after the endorsement\nwas made, and is subsequently withdrawn under that Act,\nsection 26—when the endorsement under that section is made\nby the registrar-general.\n(2) If an endorsement of a units plan ceases to have effect, the lessee of\nthe parcel may again submit the units plan to the territory planning\nauthority for endorsement under section 27.\n(3) If the lessee of the parcel again submits the units plan to the territory\nplanning authority for endorsement under section 27, that section and\nthis section apply as if the previous endorsement had not been made.\n\nDivision 3.3 Amendment of development\nstatements\n","sortOrder":39},{"sectionNumber":"29","sectionType":"section","heading":"Amendment of development statements before","content":"29 Amendment of development statements before\n(1) After a unit title application providing for a staged development is\napproved (under section 20) and before the units plan is registered,\nthe lessee of the parcel may apply to the territory planning authority\nfor the amendment of the development statement.\n(2) The territory planning authority may amend the development\nstatement as applied for if satisfied on reasonable grounds that—\n(a) the applicant has obtained the written agreement to the\namendment of each person with an interest in the parcel (except\nany interested person to whom subsection (3) applies); and\n(b) any change of unit or common property boundaries provided for\nby the amendment is a minor boundary change.\n(3) The territory planning authority may amend the development\nstatement despite the applicant’s failure to obtain an interested\nperson’s agreement if the authority is satisfied on reasonable grounds\nthat—\n(a) the applicant could not reasonably be aware of that interest, or\nhas made reasonable efforts to obtain the agreement; and\n(i) the interested person would not suffer any substantial\nor\neveryone with interests in the parcel.\n\n(4) The territory planning authority may refuse to amend the\ndevelopment statement if, in the authority’s opinion based on\nreasonable grounds, the amendment would result in the development\nhaving a significantly adverse effect on anyone’s amenity while it is\ntaking place.\n(5) If the amendment of the development statement requires the change\nof boundaries, the territory planning authority may amend the\nschedule of unit entitlement to reflect the change of boundaries, if\nsatisfied on reasonable grounds that the amendment is necessary to\nreflect accurately a potential change in the relative improved values\nof the units.\n","sortOrder":40},{"sectionNumber":"30","sectionType":"section","heading":"Amendment of development statements after registration","content":"30 Amendment of development statements after registration\n(1) After a units plan that is subject to a staged development has been\nregistered, and before the development is completed, the lessee of the\nparcel immediately before registration may apply to the territory\nplanning authority for the amendment of the development statement.\n(2) If the amendment of the development statement only affects an\nuncompleted stage of a staged development, the territory planning\nauthority may amend the development statement as applied for if\nsatisfied on reasonable grounds that—\n(a) the applicant has obtained the written agreement to the\namendment of each person with an interest in a unit in that part\nof the parcel comprising the uncompleted stages of the\ndevelopment (except any interested person to whom\nsubsection (3) applies); and\n\n(b) any change of unit or common property boundaries provided for\nby the amendment is a minor boundary change within the\nuncompleted stages of the development.\n(3) The territory planning authority may amend the development\nstatement under subsection (2) despite the applicant’s failure to obtain\nan interested person’s agreement if the authority is satisfied on\n(a) the applicant could not reasonably be aware of that interest, or\nhas made reasonable efforts to obtain the agreement; and\n(i) the interested person would not suffer any substantial\nor\neveryone with interests in that part of the parcel comprising\nthe uncompleted stages of the development.\n(4) If subsection (2) does not apply, the territory planning authority may\namend the development statement as applied for if satisfied on\n(a) the application is authorised by a special resolution of the\nowners corporation made within 3 months before the day the\napplication is given to the authority; and\n(b) the applicant has obtained the written agreement of each\nsubsection (5) applies); and\n(c) any change of unit or common property boundaries provided for\nby the amendment is a minor boundary change.\n\n(5) The territory planning authority may amend the development\nstatement under subsection (4) despite the applicant’s failure to obtain\nan interested nonvoter’s agreement if the authority is satisfied on\n(a) the applicant has made reasonable efforts to obtain the\nor\neveryone with interests in the units and the common\n(6) The territory planning authority may refuse to amend the\ndevelopment statement if, in the authority’s opinion based on\nreasonable grounds, the amendment would result in the development\nhaving a significantly adverse effect on anyone’s amenity while it is\ntaking place.\n(7) The territory planning authority may authorise the amendment of the\nschedule of unit entitlement to reflect a change of boundaries if—\n(a) the amendment of the development statement requires the\nchange of boundaries; and\n(b) the authority is satisfied, on reasonable grounds, that the\namendment is necessary to reflect accurately a change in the\nrelative improved values of the units.\n\n(8) If the territory planning authority authorises the amendment of the\nschedule of unit entitlement under this section—\n(a) the authority must—\n(i) endorse the amended schedule of unit entitlement; and\n(ii) give a notice of authorisation to the lessee; and\n(b) the lessee must lodge with the registrar-general—\n(i) the endorsed amended schedule of unit entitlement; and\n(ii) the notice of authorisation.\n(9) If the territory planning authority amends the development statement\nunder this section—\n(a) the authority must endorse the amended development statement;\nand\n(b) the lessee must lodge with the registrar-general the endorsed\namended development statement.\n","sortOrder":41},{"sectionNumber":"31","sectionType":"section","heading":"Effect of registration of amendment","content":"31 Effect of registration of amendment\n(1) On the registration of an amended development statement, and any\namended schedule of unit entitlement, lodged under section 30—\n(a) the units plan is amended accordingly; and\n(b) if unit or common property boundaries are changed—the land\ncovered by each affected lease is the area of land indicated by\nthe boundaries as changed.\n(2) A change of unit or common property boundaries under this section\n\nDivision 4.1 Subdivision, unit leases and common property lease\nDivision 4.1 Subdivision, unit leases and common\nproperty lease\n32 Subdivision of parcel made by registration\nOn and after the registration of a units plan, the parcel is subdivided\nas specified in the diagrams in the units plan.\n","sortOrder":42},{"sectionNumber":"33","sectionType":"section","heading":"Leases of units and common property","content":"33 Leases of units and common property\n(1) On the registration of a units plan, the lease of the parcel ends.\n(2) On registration of the units plan—\n(a) the former lessee is granted a lease for each unit in the units plan;\nand\n(b) the owners corporation is granted a lease for the common\n(3) A lease mentioned in subsection (2)—\n(a) is subject to the provisions set out in the units plan; and\n(b) is taken to be granted by the Territory under the Planning\nAct 2023, chapter 10.\nNote 1 On the registration of a units plan, an owners corporation for the units\nplan is established (see Unit Titles (Management) Act 2011, s 8).\nNote 2 The original lease for the parcel is cancelled on registration of the units\nplan (see Land Titles (Unit Titles) Act 1970, s 10 (1) (a)). If a registered\nunits plan is subsequently cancelled the leases under this section are\ncancelled and the new lease that arises reverts to the terms of the original\nlease (see s 162 and s 163).\n(4) For subsection (2), registration of a units plan that subdivides a parcel\nof land under a declared land sublease ends the sublease.\n\nRegistration of units plans Part 4\nEasements Division 4.2\n(5) The term of the leases of the units and of the common property begins\non the registration of the units plan and ends on the date (stated in the\nunits plan) when, apart from the operation of this section, the term of\nthe lease of the parcel would have ended.\n(6) The lease of which a person or the owners corporation becomes the\nholder under this section—\n(a) is subject to any mortgage mentioned in the Land Titles (Unit\nTitles) Act 1970, section 8; and\n(b) is subject to, and has annexed to it, any easement mentioned in\nthat section; and\n(c) is subject to, and has annexed to it, the easements given by this\nAct, section 35.\n(7) In this section:\nformer lessee means the person who was the lessee of the parcel\nimmediately before registration.\n","sortOrder":43},{"sectionNumber":"34","sectionType":"section","heading":"Unit title easement rights","content":"34 Unit title easement rights\nThis division applies to the following rights (unit title easement\nrights) that the owner of a benefited estate may have against the\nowner of a burdened estate:\n(a) rights of support, shelter and protection (including rights for\nshelter provided by encroaching eaves, awnings or similar\nstructures)—\n(i) provided by the burdened estate at the time of the\nregistration of the units plan, or at the time of the latest\namendment (if any) of the plan after its registration; and\n\n(ii) that will be provided by the burdened estate on compliance\nby its owner with a building and development provision\n(if any) in the lease of the burdened estate;\n(b) rights to utility services, and to their provision by any reasonable\nform of utility conduit (including rights for the collection,\npassage and drainage of rainwater by encroaching eaves, gutters,\ndownpipes or similar structures);\n(c) all ancillary rights necessary to make the rights mentioned in\nparagraphs (a) and (b) effective, including a right of entry by the\nowner of the benefited estate at all reasonable times on the\nburdened estate for the inspection and maintenance of—\n(i) any building on the estate; and\n(ii) facilities for any utility service on the estate; and\n(iii) any utility conduit on the estate.\n","sortOrder":44},{"sectionNumber":"35","sectionType":"section","heading":"Easements given by this Act","content":"35 Easements given by this Act\n(1) On and after the registration of a units plan, the owner of an estate\n(a benefited estate) has against the owner of another estate\n(the burdened estate) any unit title easement rights that are necessary\nfor the reasonable use and enjoyment of the benefited estate.\n(2) A unit title easement right under this section is an easement annexed\nto the benefited estate.\n(3) An easement given by this section exists even if the same person is\nthe owner of both the benefited and burdened estates.\n\nRegistration of units plans Part 4\nEasements Division 4.2\n(4) A person carrying out work in the exercise of a unit title easement\nright under this section must make good any damage done in carrying\nout the work.\n","sortOrder":45},{"sectionNumber":"36","sectionType":"section","heading":"Easements declared by owners corporations","content":"36 Easements declared by owners corporations\n(1) An owners corporation may, by ordinary resolution, with the consent\nof the owners of each affected estate, declare that the owner of an\nestate (a benefited estate) has against the owner of another estate (the\nburdened estate) any unit title easement rights that are necessary for\nthe reasonable support and maintenance of an encroachment of a kind\n(2) A unit title easement right declared by an owners corporation under\nthis section is an easement annexed to the benefited estate.\n(3) An easement declared by an owners corporation under this section\nexists even if the same person is the owner of both the benefited and\nburdened estates.\n(4) A person carrying out work in the exercise of a unit title easement\nright under this section must make good any damage done in carrying\nout the work.\n(5) An easement declared by an owners corporation under this section\nmay only be revoked—\n(a) by special resolution of the owners corporation; and\n(b) with the consent of the owners of each affected estate.\n\n","sortOrder":46},{"sectionNumber":"Div 4","sectionType":"division","heading":"3 Encroachments on public unleased land","content":"Division 4.3 Encroachments on public unleased land\n","sortOrder":47},{"sectionNumber":"37","sectionType":"section","heading":"Registration—easements declared by owners","content":"37 Registration—easements declared by owners\ncorporations\nA resolution of an owners corporation under section 36 declaring or\nrevoking an easement takes effect on the registration of the easement,\nor of a memorandum of extinguishment of the easement, together\nwith written evidence of the consent of the owners of each affected\nestate.\nDivision 4.3 Encroachments on public unleased\nland\n","sortOrder":48},{"sectionNumber":"37A","sectionType":"section","heading":"Effect of registration of units plan with encroachment on","content":"37A Effect of registration of units plan with encroachment on\npublic unleased land\n(a) a units plan is registered for a parcel; and\n(b) the plan shows an encroachment on public unleased land by an\nattachment to a building on the parcel.\nNote Attachment and encroachment—see the dictionary.\n(2) This Act, the Unit Titles (Management) Act 2011 and the Land Titles\n(Unit Titles) Act 1970, other than the provisions relating to ownership\nof interests and certificates of title, apply to the encroachment—\n(a) if the units plan shows the encroachment is for use with a unit—\nas if it were part of the unit; and\n(b) in any other case—as if it were common property.\nNote The Land Titles (Unit Titles) Act 1970, s 4 (1) provides that it is\nincorporated with and must be read as one with the Land Titles Act 1925.\n\nAmendment of schedule of unit entitlement Division 10.1\n","sortOrder":49},{"sectionNumber":"Div 10","sectionType":"division","heading":"1 Amendment of schedule of unit","content":"Division 10.1 Amendment of schedule of unit\nentitlement\n","sortOrder":50},{"sectionNumber":"146","sectionType":"section","heading":"Unit entitlement authority—grant","content":"146 Unit entitlement authority—grant\nfor authority (a unit entitlement authority) for the amendment of the\nschedule of unit entitlement.\n(2) The territory planning authority may, by written notice to the owners\ncorporation, grant a unit entitlement authority if satisfied on\n(a) the application is authorised by a special resolution of the\nowners corporation made within 3 months before the day the\napplication is made; and\n(b) the amendment is necessary to reflect accurately the current\nrelative improved values of the units, or a change in those values\nthat is anticipated after a particular event happens.\n(3) The territory planning authority may grant a unit entitlement authority\nsubject to the condition that it is to take effect only when a stated\nevent happens.\n(4) If the owners corporation applies for a unit entitlement authority that\nis to remain in force for longer than 3 months, the territory planning\nauthority may, in authorising the unit entitlement amendment, if\nsatisfied that an extended period is justified—\n\n","sortOrder":51},{"sectionNumber":"147","sectionType":"section","heading":"Unit entitlement authorities—period of effect","content":"147 Unit entitlement authorities—period of effect\n(1) A unit entitlement authority remains in force for—\n(a) 3 months after it is given, or after an event stated in the authority\nhappens; or\n(b) any extended period allowed under section 146 (4).\n(2) A unit entitlement authority must state the period for which it is in\nforce.\n","sortOrder":52},{"sectionNumber":"148","sectionType":"section","heading":"Unit entitlement authorities—registration","content":"148 Unit entitlement authorities—registration\nOn the registration of a unit entitlement authority, the units plan is\namended accordingly.\nNote A unit entitlement authority may be registered with the registrar-general\nunder the Land Titles (Unit Titles) Act 1970 on lodgment by the owners\ncorporation within the period of effect of the authority (see dict, def\nregistered).\n","sortOrder":53},{"sectionNumber":"149","sectionType":"section","heading":"Boundary authority—grant","content":"149 Boundary authority—grant\nfor authority (a boundary authority) for the change of any unit or\ncommon property boundaries, together with any consequential\namendment of the schedule of unit entitlement.\n(2) The territory planning authority may grant a boundary authority if\nsatisfied on reasonable grounds that—\n(a) the application is authorised by a unanimous resolution of the\nowners corporation made within 3 months before the application\nis made; and\n(b) the corporation has obtained the written agreement of each\nsubsection (3) applies); and\n\nMinor boundary changes Division 10.2\n(c) the authorised boundary change is a minor boundary change;\nand\nNote A minor boundary change is a change to the boundaries of the\nunits or the common property that is described in s 16.\n(d) if an amendment of the schedule of unit entitlement is\nauthorised—the amendment is necessary to reflect accurately a\nchange in the relative improved values of the units because of\nthe change of boundaries as authorised.\n(3) The territory planning authority may grant a boundary authority\ndespite the owners corporation’s failure to obtain an interested\nnonvoter’s agreement if the territory planning authority is satisfied on\n(a) the corporation has made reasonable efforts to obtain the\nlong-term detriment because of the proposed change; or\n(ii) despite that failure, it is desirable to authorise the change\nhaving regard to the overall interests of everyone with\ninterests in the units and the common property.\n(4) If the owners corporation applies for a boundary authority that is to\nremain in force for longer than 3 months, the territory planning\nauthority may, in authorising the change, if satisfied that an extended\nperiod is justified—\n","sortOrder":54},{"sectionNumber":"150","sectionType":"section","heading":"Boundary authority—period of effect","content":"150 Boundary authority—period of effect\n(1) A boundary authority remains in force for—\n(a) 3 months after it is given; or\n\n(b) any extended period allowed under section 149 (4).\n(2) A boundary authority must state the period for which it is in force.\n","sortOrder":55},{"sectionNumber":"151","sectionType":"section","heading":"Boundary authorities—registration","content":"151 Boundary authorities—registration\n(1) On the registration of a boundary authority—\n(a) the units plan is amended accordingly; and\n(b) the land covered by each affected lease is the area of land\nindicated by the boundaries as changed.\nNote A unit entitlement authority may be registered with the registrar-general\nunder the Land Titles (Unit Titles) Act 1970 on lodgment by the owners\ncorporation within the period of effect of the authority (see dict, def\nregistered).\n(2) A change of unit or common property boundaries under this section\n","sortOrder":56},{"sectionNumber":"152","sectionType":"section","heading":"What is a building damage scheme?","content":"152 What is a building damage scheme?\nA building damage scheme for a units plan is a scheme for—\n(a) the reinstatement of any building on the parcel that is damaged\nor destroyed; and\n(b) the elimination of any class A unit that is damaged or destroyed\n(unless the units plan has fewer than 3 units or the unit is to be\nreinstated); and\nNote A damaged or destroyed class A unit in a 2-unit units plan cannot\nbe eliminated as only 1 unit would remain in the units plan. In this\ncircumstance, if an owners corporation seeks to cancel the units\nplan, it must apply for the cancellation under s 160.\n(c) the consequential amendment of the units plan; and\n\n(d) the application of any insurance amount paid (or payable) for\nthe damage or destruction to any building on the parcel; and\n(e) the payment of compensation (or other money) to the owner of\nany unit, and anyone else who may be adversely affected by the\nscheme.\n","sortOrder":57},{"sectionNumber":"153","sectionType":"section","heading":"Building damage orders—right of appearance","content":"153 Building damage orders—right of appearance\n(1) The following have a right to appear on an application for a\nprovisional building damage order or a final building damage order:\n(b) a unit owner, or another person with an interest in a unit, or the\ncommon property, that is recorded on the corporate register;\n(c) an insurer who has insured a building on the parcel for the Unit\n(d) the director-general, on behalf of the Territory.\nNote A unit owner or the owners corporation may apply for a provisional\nbuilding damage order (see s 154 (2)). The applicant for a provisional\nbuilding damage order may apply for a final building damage order (see\ns 157 (2)).\n(2) The applicant must serve a copy of the application on everyone else\n(3) A person who has a right to appear may be represented by a lawyer\n(4) The registrar of the ACAT must give a copy of an application to the\ndirector-general.\n\n","sortOrder":58},{"sectionNumber":"154","sectionType":"section","heading":"Provisional building damage order—application","content":"154 Provisional building damage order—application\n(a) after the registration of a units plan, a building on the parcel is\ndamaged or destroyed, unless the damage or destruction\nhappens in the course of the demolition or development of the\nbuilding; and\n(b) the territory planning authority has given—\n(i) a development approval under the Planning Act 2023,\nchapter 7 for a development consisting of the reinstatement\nor elimination of any unit or building (or part of a unit or\nbuilding) on the parcel (a unit redevelopment); or\n(ii) if the unit redevelopment is exempt from the requirement\nto obtain development approval under the Planning\nAct 2023, chapter 7—a certificate under subsection (4);\nand\n(c) a cancellation authority or cancellation order for the units plan\nis not in force; and\n(d) an application for a cancellation authority or cancellation order\nfor the units plan is not pending.\n(2) If this section applies, the owners corporation authorised by an\nordinary resolution, or a unit owner, may apply to the ACAT for an\norder (a provisional building damage order) approving a building\ndamage scheme incorporating the unit redevelopment.\n(3) The application must be accompanied by—\n(a) the proposed building damage scheme; and\n(b) as the case requires—\n(i) a copy of the development approval mentioned in\nsubsection (1) (b) (i), certified by the territory planning\nauthority as a true copy; or\n\n(ii) a copy of the certificate mentioned in\nsubsection (1) (b) (ii).\n(4) On application by the applicant for the provisional damage order, if\nthe territory planning authority is satisfied that approval under this\nAct or any other relevant territory law for the unit redevelopment\nwould still have been given if the proposals for the subdivision of the\nparcel under this Act, or any other relevant development proposals,\nhad shown the units plan as it is proposed to be altered by the unit\nredevelopment, the authority must give the applicant a certificate to\nthat effect.\n","sortOrder":59},{"sectionNumber":"155","sectionType":"section","heading":"Provisional building damage order—approval of scheme","content":"155 Provisional building damage order—approval of scheme\n(1) The ACAT may make a provisional building damage order on\napplication under section 154 if satisfied that—\n(a) the damage or destruction to the building did not happen in the\ncourse of the development or demolition of the building; and\n(b) the territory planning authority has given the development\napproval or certificate mentioned in section 154 (1) (b); and\n(c) it is just and equitable to do so.\n(2) The certified copy of the development approval accompanying the\napplication (see section 154 (3) (b)) is evidence that the territory\nplanning authority has given the relevant approval.\n(3) The ACAT may make any ancillary order necessary or convenient for\ngiving effect to a provisional building damage order.\n","sortOrder":60},{"sectionNumber":"156","sectionType":"section","heading":"Provisional building damage order—period of effect","content":"156 Provisional building damage order—period of effect\nA provisional building damage order, or any ancillary order, remains\nin force for—\n(a) the period (not longer than 3 months) stated in the order; or\n\n(b) an extended or further extended period stated in an ACAT order\nfor extension made on application by the applicant for the\nprovisional building damage order while the provisional\nbuilding damage order (or the ancillary order) is in force.\n","sortOrder":61},{"sectionNumber":"157","sectionType":"section","heading":"Final building damage order—amendment of units plan","content":"157 Final building damage order—amendment of units plan\n(1) This section applies while a provisional building damage order\napproving a building damage scheme is in force.\n(2) On application by the applicant for the provisional building damage\norder, the ACAT may make an order (a final building damage order)\nauthorising the amendment of the units plan in accordance with the\nbuilding damage scheme approved under the provisional building\ndamage order.\n(3) The ACAT may make a final building damage order only if satisfied\nthat—\n(a) the approved building damage scheme has been carried out as\nfar as practicable; and\n(b) any order ancillary to the provisional building damage order has\nbeen complied with.\n(4) The ACAT may make any ancillary order necessary or convenient for\ngiving effect to a final building damage order.\n","sortOrder":62},{"sectionNumber":"158","sectionType":"section","heading":"Final building damage order—period of effect","content":"158 Final building damage order—period of effect\nA final building damage order, or any ancillary order, remains in\nforce for—\n(a) the period (not longer than 3 months) stated in the order; or\n(b) an extended or further extended period stated in an ACAT order\nfor extension made on application by the applicant for the final\nbuilding damage order while the final building damage order (or\nthe ancillary order) is in force.\n\n","sortOrder":63},{"sectionNumber":"159","sectionType":"section","heading":"Final building damage order—registration","content":"159 Final building damage order—registration\n(1) On the registration of a final building damage order—\n(a) the units plan is amended in accordance with the approved\nbuilding damage scheme; and\n(b) if unit or common property boundaries are changed—the land\ncovered by each affected lease is the area of land indicated by\nthe boundaries as changed.\n(2) In addition, on the registration of a final building damage order\nauthorising the elimination of a unit—\n(a) the lease of the eliminated unit ends; and\n(b) the land covered by the lease of the unit immediately before the\nregistration of the order is included in the land covered by the\nlease of the common property.\n(3) A change of unit or common property boundaries under this section\n\n","sortOrder":64},{"sectionNumber":"160","sectionType":"section","heading":"Cancellation authority—grant by territory planning","content":"160 Cancellation authority—grant by territory planning\nfor authority (a cancellation authority) for the cancellation of the\nunits plan.\n(2) On application for a cancellation authority, the territory planning\nauthority may—\n(a) grant the cancellation authority; or\n(b) refuse to grant the cancellation authority.\n(3) The territory planning authority may grant a cancellation authority\nonly if satisfied that—\n(a) the application is supported by a unanimous resolution of the\ncorporation made within 3 months before the application is\nmade; and\n(b) the corporation has obtained the written agreement of each\nsubsection (4) applies).\n(4) The territory planning authority may grant a cancellation authority\ndespite the owners corporation’s failure to obtain an interested\nnonvoter’s agreement if the territory planning authority is satisfied on\n(a) the corporation has made reasonable efforts to obtain the\n\nCancellation authority Division 11.1\nlong-term detriment because of the proposed cancellation;\nor\ncancellation having regard to the overall interests of\neveryone with interests in the units and the common\n(5) If the owners corporation applies for a cancellation authority that is\nto remain in force for longer than 3 months, the territory planning\nauthority may, in authorising cancellation, if satisfied that an\nextended period is justified—\n(6) A cancellation authority must include a declaration of the provisions\nthat are to govern the new lease arising under section 162 if the\nterritory planning authority considers on reasonable grounds that it is\ndesirable to do so to take account of any variation of a lease of any\nunit, or of the common property, made (or applied for) since the units\nplan was registered.\n","sortOrder":65},{"sectionNumber":"161","sectionType":"section","heading":"Cancellation authority—period of effect","content":"161 Cancellation authority—period of effect\n(1) A cancellation authority remains in force for—\n(a) 3 months after it is given; or\n(b) any period allowed under section 160 (5).\n(2) A cancellation authority must state the period for which it is in force.\n\n","sortOrder":66},{"sectionNumber":"161A","sectionType":"section","heading":"Cancellation orders—Supreme Court powers","content":"161A Cancellation orders—Supreme Court powers\n(1) An owners corporation may apply to the Supreme Court for an order\n(a cancellation order) authorising the cancellation of the units plan.\n(2) On an application for a cancellation order, the Supreme Court may—\n(a) make a cancellation order; or\n(b) make a provisional cancellation order under section 161B; or\n(c) dismiss the application.\n(3) The Supreme Court may make a cancellation order only if satisfied\nthat it is just and equitable to make the order (including any\ndirections, or a declaration, mentioned in subsection (4)) having\nregard to the interests of everyone with interests in the units.\n(4) A cancellation order may include either or both of the following:\n(a) directions to be complied with after cancellation of the units\nplan;\n(b) a declaration of the provisions that are to govern the new lease\narising under section 162 to take account of any variation of a\nlease of any unit, or the common property, made or applied for\nsince the units plan was registered.\n(5) A direction mentioned in subsection (4) (a) may be enforced as if it\nwere a judgment of the Supreme Court obtained by someone for\nwhose benefit the direction was given against the person required to\ncomply with the direction.\n(6) A cancellation order remains in force for the period stated in the\norder.\n\nCancellation orders Division 11.2\n","sortOrder":67},{"sectionNumber":"161B","sectionType":"section","heading":"Cancellation orders—provisional orders","content":"161B Cancellation orders—provisional orders\n(1) On an application for a cancellation order for a units plan, the\nSupreme Court may make a provisional cancellation order for the\nunits plan imposing conditions or giving directions (or both) to be\ncomplied with before the court makes a cancellation order.\n(2) The Supreme Court may make a provisional cancellation order for a\nunits plan only if satisfied that—\n(a) it is necessary for either or both of the following purposes:\n(i) to protect the interests of the Territory;\n(ii) to adjust the rights and duties of everyone who has\nregistered interests in the units, between each other, to the\nextent that the rights and duties may be affected by the\ncancellation of the units plan; and\n(b) it is just and equitable to make the order having regard to the\ninterests of everyone with interests in the units.\n(3) A provisional cancellation order remains in force for the period stated\nin the order.\n","sortOrder":68},{"sectionNumber":"161C","sectionType":"section","heading":"Cancellation orders—after provisional order is made","content":"161C Cancellation orders—after provisional order is made\n(a) the Supreme Court makes a provisional cancellation order for a\nunits plan on an application under section 161A; and\n(b) the owners corporation subsequently applies for a cancellation\norder under that section.\n(2) The Supreme Court may make a cancellation order under\nsection 161A if satisfied that the conditions and directions stated in\nthe provisional cancellation order have been complied with.\n\n","sortOrder":69},{"sectionNumber":"161D","sectionType":"section","heading":"Cancellation orders—right of appearance","content":"161D Cancellation orders—right of appearance\n(1) The following have a right to appear on an application for a\ncancellation order for a units plan:\nTitles (Management) Act 2011, section 100 (Building insurance\nby owners corporation);\n(e) the director-general, for the Territory.\n(2) An owners corporation that applies for a cancellation order must\nserve a copy of the application on everyone else who has a right to\nappear, except the director-general.\n(3) A person who has a right to appear may be represented by a lawyer\n(4) The registrar of the Supreme Court must give a copy of an application\nfor a cancellation order to the director-general.\n","sortOrder":70},{"sectionNumber":"162","sectionType":"section","heading":"Cancellation of units plan—effects","content":"162 Cancellation of units plan—effects\nOn the registration of a cancellation authority or cancellation order—\n(a) the units plan is cancelled; and\n(b) the owners corporation is dissolved (see section 164); and\n\nEffects of cancellation Division 11.3\n(c) the lease of the common property and the lease of each of the\nunits end; and\n(d) the land covered by those leases forms 1 parcel of land; and\n(e) a new lease arises over that parcel in the terms provided by\nsection 163.\n","sortOrder":71},{"sectionNumber":"163","sectionType":"section","heading":"Cancellation of units plan—new lease over parcel","content":"163 Cancellation of units plan—new lease over parcel\n(1) The new lease arising under section 162 (e)—\n(a) is held by—\n(i) the owners of the units immediately before registration of\nthe authority as tenants in common in shares proportional\nto their former unit entitlement; or\n(ii) if there was a single owner of all the units immediately\nbefore the registration of the authority—by the owner; and\n(b) expires on the day each of the leases of the units, and the lease\nof the common property, would have expired if it were not for\nthe cancellation of the units plan; and\n(c) is otherwise governed by the provisions to which the lease of the\nparcel was subject immediately before the registration of the\nunits plan, subject to any declaration of the territory planning\nauthority under section 160 (6) (Cancellation authority—grant\nby territory planning authority) or any declaration of the\nSupreme Court under section 161A (4) (b) (Cancellation\norders—Supreme Court powers); and\n(d) is taken to be granted by the Territory under the Planning\nAct 2023, chapter 10.\n\n(2) If immediately before the registration of the authority, 2 or more\npeople were the owners of a unit, 2 or more units or all the units\n(whether as joint tenants or tenants in common), the share in the\nestate, or the whole estate, vests in them under subsection (1) (a)—\n(a) if they were joint tenants—jointly; or\n(b) if they were tenants in common—as tenants in common in\nshares proportional to their former shares in the unit or units.\n(3) The share in the estate that vests in a person under subsection (1) (a)\nis subject to any mortgage and easement mentioned in the Land Titles\n(Unit Titles) Act 1970, section 17.\n","sortOrder":72},{"sectionNumber":"164","sectionType":"section","heading":"Dissolution of owners corporation","content":"164 Dissolution of owners corporation\n(1) On the dissolution of an owners corporation (on cancellation of the\nunits plan)—\n(a) all rights (at law or in equity) of the corporation immediately\nbefore the dissolution vest in the former members as tenants in\ncommon in shares proportional to their unit entitlement\nimmediately before the dissolution; and\n(b) the former members are liable separately and together for all the\nliabilities of the corporation existing immediately before\ndissolution.\n(2) For subsection (1), a reference in a document to an owners\ncorporation that has been dissolved is taken to be a reference to the\nformer members.\nExample of a document\nA contract signed by the owners corporation before the dissolution under which the\ncorporation owes, or is owed, an amount.\n(3) The operation of subsection (1) on the owners corporation may be\nvaried by cancellation dissolution order (under section 165).\n\nEffects of cancellation Division 11.3\n","sortOrder":73},{"sectionNumber":"165","sectionType":"section","heading":"Dissolution of owners corporation—Supreme Court","content":"165 Dissolution of owners corporation—Supreme Court\npowers\n(1) On an application by an owners corporation authorised by an ordinary\nresolution, or a person with an interest in a unit, the Supreme Court\nmay, if it considers that it is just and equitable to do so—\n(a) by order (a cancellation dissolution order), vary the operation\nof section 164 (1) (Dissolution of owners corporation) on the\ncorporation and its members; and\n(b) make any orders that are necessary or convenient for giving\neffect to the cancellation dissolution order.\n(2) The application may only be made before the units plan is cancelled\n(on registration of the cancellation authority).\n(3) The following have a right to appear on the application:\n(e) the director-general, on behalf of the Territory.\n(4) The applicant must serve a copy of the application on everyone else\n\n(5) A person who has a right to appear may be represented by a lawyer\n(6) The registrar of the Supreme Court must give a copy of the\napplication to the director-general.\n\nChanging 2-unit units plans to subdivisions Part 11A\nPart 11A Changing 2-unit units plans to\nsubdivisions\n165A Application—pt 11A\nThis part applies to a units plan with only 2 units.\n165B Subdivision of units plan—application\n(1) An owners corporation to which this part applies may, on behalf of\nthe members of the corporation, apply for development approval\nunder the Planning Act 2023 to subdivide the parcel of land covered\nby the leases of the units and common property into 2 parcels in\naccordance with a subdivision plan.\n(2) The Planning Act 2023, chapter 12 applies to the owners corporation\nas if the corporation were the lessee of the parcel of land.\nNote A development approval for the subdivision of a units plan must include\na condition that the units plan is cancelled (see Planning Act 2023,\ns 187 (1) (c)).\n\n","sortOrder":74},{"sectionNumber":"Part 12","sectionType":"part","heading":"Lease variations and grants of","content":"Part 12 Lease variations and grants of\nfurther leases\n","sortOrder":75},{"sectionNumber":"166","sectionType":"section","heading":"Development applications to vary lease under Planning","content":"166 Development applications to vary lease under Planning\nAct 2023\n(1) An application for development approval for the variation of a unit or\ncommon property lease may be made under the Planning Act 2023,\nchapter 7 only if—\n(a) all members of the owners corporation have been given notice\nof the proposed application under subsection (2); and\n(b) the application is authorised by unopposed resolution; and\n(c) a certificate under the corporation’s seal is provided confirming\nthat the requirements mentioned in paragraphs (a) and (b) have\nbeen met; and\n(d) if the unit or common property lease is in a units plan that\nsubdivides a parcel of land under a declared land sublease—\nthe Crown lessee consents, in writing, to the application.\n(2) The notice of general meeting including notice of the motion to\nauthorisation the application must set out—\n(a) details of the variation sought; and\n(b) the implications of the proposed variation for the unit\nentitlement and property interests of the members.\n(3) If an application for development approval for the variation of a unit\nlease or common property lease is approved under the Planning\nAct 2023, chapter 7, the territory planning authority must give each\nmember of the owners corporation written notice of the approval\nstating the date the approval is to take effect.\n\nLease variations and grants of further leases Part 12\nGrants of further leases Division 12.2\n","sortOrder":76},{"sectionNumber":"167","sectionType":"section","heading":"Lease variation—amendment of schedule of unit","content":"167 Lease variation—amendment of schedule of unit\nentitlement\n(1) On the variation of the lease of a unit, the territory planning authority\nmay, by written notice to the registrar-general, direct that the schedule\nof unit entitlement be amended if the authority considers it necessary\nto do so to reflect accurately any change in the relative improved\nvalues of the units because of the variation.\n(2) On the registration of the territory planning authority’s direction to\namend the schedule of unit entitlement, the units plan is amended\naccordingly.\n167AA Declared land subleases—grant of further leases\n(a) a units plan subdivides land under a declared land sublease; and\n(b) the owners corporation, as owner of an old lease of common\nproperty and on behalf of each owner of an old lease of a unit,\napplies, in writing, before the expiry of the old leases for the\ngrant of a further lease of the units and common property in the\nunits plan; and\n(c) any criteria prescribed by regulation are satisfied.\n(2) The Crown lessee must, within 30 days of receiving the application,\ngrant, or refuse to grant, further leases for—\n(a) the same term as the old leases; or\n(b) a different term as agreed between the Crown lessee and the\nowners corporation of not less than 50 years.\n(3) A further lease—\n(a) must authorise each use of the leased land, and any building or\nstructure on the land, that the old lease authorised; and\n\n(b) is subject to any easement benefitting or burdening the leased\nland to which the old lease was subject.\n(4) A further lease begins on the day after—\n(a) the day the old lease is surrendered; or\n(b) for a further lease granted on application after the expiry of the\nold lease—the day after the old lease expires.\n(5) If the term of a further lease granted under subsection (2) is not longer\nthan the term of the old lease, the Crown lessee may not require the\nsublessee, the owners corporation or a unit owner to pay any amount\nfor the grant of the further lease that is more than the cost of granting\nthe further lease.\n(6) If the Crown lessee refuses to grant the further leases for which the\nowners corporation has applied—\n(a) the Crown lessee must give the owners corporation reasons for\nthe refusal, in writing; and\n(b) the owners corporation may apply to the ACAT for an order\nrequiring the Crown lessee to grant the further leases on the\nterms the ACAT considers appropriate.\n(7) If further leases are granted, the sublessee, owners corporation and\nunit owners are not liable to pay the Crown lessee for the\nimprovements on the land or part of the land.\n(8) In this section:\nimprovement, in relation to land—see the Land Titles Act 1925,\nsection 88H (6).\nnon-residential unit leases means leases of units and common\nproperty under a units plan that authorises non-residential use of the\nunits.\nold leases means leases of units and common property under a units\nplan that subdivides land under a declared land sublease.\n\nLease variations and grants of further leases Part 12\nGrants of further leases Division 12.2\n","sortOrder":77},{"sectionNumber":"167A","sectionType":"section","heading":"Grant of further leases—generally","content":"167A Grant of further leases—generally\n(1) This section applies if the owners corporation of a units plan intends\nto apply for the grant of a further lease of the units and common\nproperty in the units plan under—\n(a) the Planning Act 2023, section 289; or\n(b) for a units plan that subdivides land under a declared land\nsublease—section 167AA.\n(2) The owners corporation must—\n(a) hold a general meeting; and\n(b) include in the notice of the general meeting a statement that it\nintends to apply for the further leases; and\n(c) at the meeting, seek authority by ordinary resolution, to—\n(i) on behalf of each owner of a unit in the units plan,\nsurrender the lease for each unit under the Land Titles\nAct 1925, section 86 (4); and\nNote 1 The memorandum of surrender lodged with the\nregistrar-general must be accompanied by evidence of the\nresolution (see Land Titles Act 1925, s 86 (4) (b)).\nNote 2 The Unit Titles (Management) Act 2011, sch 3, s 3.19 sets\nout requirements for evidence of resolutions of owners\ncorporations.\n(ii) do anything else necessary on behalf of an owner of a unit\nto ensure the grant of the further leases.\nExamples—par (c) (ii)\n1 deal with a mortgagee in relation to the unit to obtain the mortgagee’s\nconsent to the application for the further lease\n2 sign on behalf of a unit owner any document required by the\nregistrar-general to ensure the grant of a further lease\n\n","sortOrder":78},{"sectionNumber":"167B","sectionType":"section","heading":"Declared land subleases—surrender of leases in units","content":"167B Declared land subleases—surrender of leases in units\nwithout grant of further leases\n(1) This section applies if a units plan subdivides land under a declared\nland sublease.\n(2) The owners corporation may, on behalf of the unit owners, surrender\nthe leases with the written consent of the Crown lessee.\nNote If a lease is subject to a registered mortgage or encumbrance, the\nmortgagee or encumbrancee must also consent to the surrender (see Land\nTitles Act 1925, s 86 (7)).\n(3) If a lease is surrendered under subsection (2), the Land Titles\nAct 1925, section 88H (Surrender etc of land sublease—payment for\nimprovements) applies.\n\n","sortOrder":79},{"sectionNumber":"Part 13","sectionType":"part","heading":"Expiry and termination of unit","content":"Part 13 Expiry and termination of unit\nleases\n","sortOrder":80},{"sectionNumber":"168","sectionType":"section","heading":"Effects of lease expiry","content":"168 Effects of lease expiry\n(1) On the expiry of the terms of the leases of the units and the common\nproperty in a units plan (as extended, if at all, under the Unit Titles\nAct 1970, section 108)—\n(a) the units plan is cancelled; and\n(b) the owners corporation is dissolved; and\n(c) for each unit, the Territory (or, if the units plan subdivides a\nparcel of land under a declared land sublease, the Crown lessee)\nis liable to pay a share of the value of the buildings on the parcel\n(on the date of expiry) proportional to the unit entitlement of the\nunit immediately before the expiry.\n(2) The Territory (or, if the units plan subdivides a parcel of land under a\ndeclared land sublease, the Crown lessee) is liable to pay the amount\nmentioned in subsection (1) (c) for a unit—\n(a) to the person who owned the unit immediately before the expiry\nof the leases; or\n(b) if the unit was owned by 2 or more people immediately before\nthe expiry of the leases—to each co-owner in proportion to the\nco-owner’s former share in the unit.\n(3) The value of the amount mentioned in subsection (1) (c) must be\nworked out under the Planning Act 2023, section 362 as if the\nTerritory (or, if the units plan subdivides a parcel of land under a\ndeclared land sublease, the Crown lessee) were the territory planning\nauthority.\n\n(4) Subsection (5) applies if—\n(a) the term of a lease of a unit or common property in a units plan\nthat subdivides a parcel of land under a declared land sublease\nexpires; and\n(b) the owners corporation has not given the Crown lessee at least\n6 month’s written notice before the lease expired that the owners\ncorporation did not intend to apply for a further lease under\nsection 167AA.\n(5) The Crown lessee may deduct the amount (up to the prescribed\namount) of any expenditure reasonably incurred by the Crown lessee\nin subleasing the land, or part of the land, under the expired leases to\nsomeone else from the amount payable by the Crown lessee under\nsubsection (1) (c).\n(6) On the dissolution of an owners corporation under subsection (1)—\n(a) all rights (at law or in equity) vested in the corporation\nimmediately before the expiry are vested in the former members\nas tenants in common in shares proportional to their former unit\nentitlement; and\n(b) the former members are liable separately and together for all the\nliabilities of the corporation existing immediately before the\ndissolution.\n(7) For subsection (1), a reference in a document to an owners\ncorporation that has been dissolved is taken to be a reference to the\nformer members.\nExample of a document\nA contract signed by the owners corporation before the dissolution under which the\ncorporation owes, or is owed, an amount.\n(8) The operation of subsection (6) on the owners corporation may be\nvaried by expiry dissolution order (under section 169).\n\n","sortOrder":81},{"sectionNumber":"169","sectionType":"section","heading":"Dissolution of owners corporation on lease expiry—","content":"169 Dissolution of owners corporation on lease expiry—\nSupreme Court powers\n(1) On an application by an owners corporation authorised by an ordinary\nresolution, or a person with an interest in a unit, the Supreme Court\nmay, if it considers that it is just and equitable to do so—\n(a) by order (an expiry dissolution order), vary the operation of\nsection 168 (6) (Effects of lease expiry) on the corporation and\nits members; and\n(b) make any orders that are necessary or convenient for giving\neffect to the expiry dissolution order.\n(2) The application may only be made before the dissolution of the\nowners corporation (on the expiry of the terms of the leases and\ncommon property).\n(3) The following have a right to appear on an application:\n(e) the director-general, on behalf of the Territory.\n(4) The applicant must serve a copy of the application on everyone else\n(5) A person who has a right to appear may be represented by a lawyer\n\n(6) The registrar of the Supreme Court must give a copy of the\napplication to the director-general.\n","sortOrder":82},{"sectionNumber":"170","sectionType":"section","heading":"Effect of termination of unit lease","content":"170 Effect of termination of unit lease\n(1) If the registrar-general, under the Land Titles (Unit Titles) Act 1970,\nsection 23, enters on a units plan a memorial of the termination of the\nlease of a unit—\n(a) the interest of the lessee in the unit ends; and\n(b) the land that was, immediately before the endorsement, covered\nby the lease continues to be a unit despite the termination; and\n(c) the unit entitlement of the unit is omitted from the schedule of\nunit entitlement; and\n(d) the unit entitlement of each other unit is increased in proportion\n(so that the total unit entitlement remains unchanged).\n(2) After the termination of the lease of a unit and until a further lease of\nthat unit is granted—\n(a) the easements given by section 35 continue, as they benefit or\nburden the unit; and\n(b) any easement declared under section 36 in effect at the time of\ntermination continues, as it benefits or burdens the unit; and\n(c) all those easements are enforceable by and against the territory\nplanning authority as if the authority were the owner of the unit;\nand\n(d) a person authorised in writing by the authority has the same\nrights to use the common property as the owner of the unit would\nhave had if the lease had not been terminated.\nNote This section does not apply to a lease surrendered under the Planning\nAct 2023, s 289 or a lease under a units plan that subdivides land under a\ndeclared land sublease surrendered under this Act, s 167AA (see dict, def\ntermination).\n\n","sortOrder":83},{"sectionNumber":"171","sectionType":"section","heading":"New unit lease","content":"171 New unit lease\n(1) If, after the termination of the lease of a unit, a person becomes\nentitled under the Planning Act 2023 to the grant of a lease of the unit,\nthe territory planning authority must—\n(a) lodge with the registrar-general written notice of that fact; and\n(b) give the owners corporation written notice accordingly.\n(2) On the entry on the units plan of a memorial under the Land Titles\n(Unit Titles) Act 1970, section 24, the person entitled to the grant of\nthe lease becomes the holder of an estate of leasehold in the unit for\nthe term mentioned in subsection (3) and subject to the provisions set\nout in the units plan for the lease of that unit, as if a lease of that unit\nfor that term and subject to those provisions had been granted to the\nperson by the Territory under the Planning Act 2023.\n(3) The term of the lease begins on the registration of the notice and\nexpires on the same day (stated in the units plan) as the terms of the\nleases of the other units.\n(4) When a person becomes the holder of an estate in leasehold under this\nsection—\n(a) the easements given by section 35 continue, as they benefit or\nburden the unit; and\n(b) any easement declared under section 36 to which the terminated\nlease was subject continues, as it benefits or burdens the unit.\nNote This section does not apply to a further lease, or a further lease under a\nunits plan that subdivides land under a declared land sublease, granted\nafter a lease has been surrendered under the Planning Act 2023, s 289 or\nthis Act, s 167AA (see dict, def termination).\n\n","sortOrder":84},{"sectionNumber":"172","sectionType":"section","heading":"New unit lease—schedule of unit entitlement","content":"172 New unit lease—schedule of unit entitlement\n(1) This section applies if, after the termination of the lease of a unit, a\nperson becomes entitled under the Planning Act 2023 to the grant of\na lease of the unit.\n(2) On the entry on the units plan of memorials under the Land Titles\n(Unit Titles) Act 1970, section 24, the schedule of unit entitlement has\nthe same effect as it had immediately before the entry was made on\nthat schedule under that Act, section 23 on the termination of the\nprevious lease.\nNote This section does not apply to a further lease, or a further lease under a\nunits plan that subdivides land under a declared land sublease, granted\nafter a lease has been surrendered under the Planning Act 2023, s 289 or\nthis Act, s 167AA (see dict, def termination).\n\nNotification and review of decisions Part 14\n","sortOrder":85},{"sectionNumber":"Part 14","sectionType":"part","heading":"Notification and review of","content":"Part 14 Notification and review of\ndecisions\n","sortOrder":86},{"sectionNumber":"173","sectionType":"section","heading":"Definitions—pt 14","content":"173 Definitions—pt 14\nIn this part:\ninternally reviewable decision means a decision mentioned in\nschedule 1, column 3 under a provision of this Act mentioned in\ncolumn 2 in relation to the decision.\ninternal reviewer—see section 174A.\ninternal review notice—see the ACT Civil and Administrative\nTribunal Act 2008, section 67B (1).\nreviewable decision means an internal reviewer’s decision in relation\nto an internally reviewable decision.\n","sortOrder":87},{"sectionNumber":"173A","sectionType":"section","heading":"Internal review notices","content":"173A Internal review notices\n(1) If the territory planning authority makes an internally reviewable\ndecision, the authority must give an internal review notice only to\neach person mentioned in schedule 1, column 4 in relation to the\ndecision.\nNote Section 174 gives a person who is given an internal review notice the\nright to object to the internally reviewable decision (unless the person\nwas the applicant for the decision, and the decision was made in the\napplicant’s favour).\n(2) However, the territory planning authority is not required to give an\ninternal review notice to a person with an interest in a parcel, or an\ninterested non-voter, in relation to a decision if the authority is not,\nand could not reasonably be, aware of the person’s interest because\nof the process of reaching the decision.\n\n(3) An internal review notice given to a person in relation to a decision\nmust include a statement to the effect that the person may not object\nto the decision if—\n(a) the person applied for the decision; and\n(b) the decision was made in accordance with the application.\n","sortOrder":88},{"sectionNumber":"174","sectionType":"section","heading":"Objections","content":"174 Objections\n(1) A person mentioned in schedule 1, column 4 in relation to an\ninternally reviewable decision may object to the decision.\n(2) However, a person may not object to a decision if—\n(a) the person applied for the decision; and\n(b) the decision was made in accordance with the application.\n(3) The objection must—\n(a) be in writing; and\n(b) state the person’s name and address; and\n(c) set out the person’s reasons for making the application; and\n(d) be given to the territory planning authority.\n(4) The objection must be given to the territory planning authority\nwithin—\n(a) 28 days after the day the person is given the internal review\nnotice for the decision; or\n(b) any longer period allowed by the territory planning authority\nbefore or after the end of the 28-day period.\n","sortOrder":89},{"sectionNumber":"174A","sectionType":"section","heading":"Internal reviewer","content":"174A Internal reviewer\nThe territory planning authority must arrange for a person (the\ninternal reviewer) who did not make the internally reviewable\ndecision to review the decision.\n\nNotification and review of decisions Part 14\n","sortOrder":90},{"sectionNumber":"175","sectionType":"section","heading":"Review by internal reviewer","content":"175 Review by internal reviewer\n(1) The internal reviewer for an internally reviewable decision must\nreview the decision.\n(2) The review must happen within 28 days (the 28-day period) after the\nday the territory planning authority receives the objection to the\ninternally reviewable decision.\n(3) The internal reviewer must—\n(a) allow the objection and substitute the reviewer’s own decision;\nor\n(b) disallow the objection.\n(4) If the objection is not decided within the 28-day period, the objection\nis taken to have been disallowed by the internal reviewer.\n","sortOrder":91},{"sectionNumber":"176","sectionType":"section","heading":"Reviewable decision notices","content":"176 Reviewable decision notices\nIf an internal reviewer makes a reviewable decision, the reviewer\nmust give a reviewable decision notice only to each person to whom\nan internal review notice is required to be given in relation to the\ndecision.\n","sortOrder":92},{"sectionNumber":"177","sectionType":"section","heading":"Effect of decision to allow objection","content":"177 Effect of decision to allow objection\nIf a decision is made to allow an objection and to substitute a new\ndecision for the decision objected to—\n(a) the decision objected to no longer has effect from the date of the\nreviewable decision notice; and\n(b) this Act applies as if the substituted decision had been made on\nthe date of the notice, subject to paragraph (c); and\n(c) this part does not apply to the substituted decision.\n\n","sortOrder":93},{"sectionNumber":"177A","sectionType":"section","heading":"Applications for review","content":"177A Applications for review\nThe person in relation to whom a reviewable decision is made may\napply to the ACAT for review of the decision.\n\nMiscellaneous Part 15\n","sortOrder":94},{"sectionNumber":"Part 15","sectionType":"part","heading":"Miscellaneous","content":"Part 15 Miscellaneous\n","sortOrder":95},{"sectionNumber":"179","sectionType":"section","heading":"Determination of fees","content":"179 Determination of fees\n(1) The Minister may determine fees for this Act.\n(2) A determination is a disallowable instrument.\n","sortOrder":96},{"sectionNumber":"180","sectionType":"section","heading":"Approved forms","content":"180 Approved forms\n(1) The territory planning authority may approve forms for this Act.\n(2) If the territory planning authority approves a form for a particular\npurpose, the approved form must be used for that purpose.\n(3) An approved form is a notifiable instrument.\n","sortOrder":97},{"sectionNumber":"181","sectionType":"section","heading":"Regulation-making power","content":"181 Regulation-making power\n(1) The Executive may make regulations for this Act.\n(2) A regulation may create offences and fix maximum penalties of not\nmore than 60 penalty units for the offences.\n\n(see s 173)\nitem\nAct\n1 20 (6) refusal to approve a unit\ntitle application on the\ngrounds of inconsistency\nwith the heritage register\n2 21 (1) determination of a\nreasonable rent to be\nreserved under the lease of\na unit in a units plan\n3 22 amendment of a\n4 29 amendment of a\nbefore registration of the\n5 29 refusal to amend a\nbefore registration of the\n6 29 (5) amendment of a schedule\nof unit entitlement in\namending a development\nstatement before\nregistration of the units\nplan\n\nReviewable decisions Schedule 1\nitem\nAct\n7 30 amendment of a\nafter registration of the\nunits plan.\n8 30 refusal to amend a\nafter registration of the\n9 30 (7) (a) authorisation of\namendment of a schedule\nof unit entitlement in\namending a development\nstatement after registration\nof the units plan\n10 146 refusal to grant unit\nentitlement authority\n\nitem\nAct\n11 146 grant of unit entitlement\nauthority otherwise than as\napplied for\n12 146 (4) (b) grant of shorter extended\nwhich a unit entitlement\nauthority is to remain in\nforce\n13 149 grant of boundary authority (a) owners\n14 149 refusal to grant boundary\n15 149 (4) (b) grant of shorter extended\nwhich a boundary authority\nis to remain in force\n16 154 (4) grant of certificate about\nunit redevelopment\napplicant for\ncertificate\n17 160 grant of cancellation\n\nReviewable decisions Schedule 1\nitem\nAct\n18 160 refusal to grant\ncancellation authority\n19 160 (4) (b) grant of shorter extended\nwhich a cancellation\nauthority is to remain in\nforce\n20 160 (5) grant of cancellation\nauthority including a\ndeclaration of provisions\nthat are to govern the new\nlease arising under\nsection 163\n\n(see s 3)\nNote 1 The Legislation Act contains definitions and other provisions relevant to\nthis Act.\nNote 2 For example, the Legislation Act, dict, pt 1, defines the following terms:\n• ACAT\n• appoint\n• director-general (see s 163)\n• exercise\n• function\n• heritage register\n• reviewable decision notice\n• territory planning authority.\naddress for correspondence—see the Unit Titles (Management)\nAct 2011, dictionary.\nadministrator—see the Unit Titles (Management) Act 2011,\nannexed—see section 12A.\nappoint includes engage.\nattachment, in relation to a building, means—\n(a) an eave, gutter or downpipe; or\n(b) an awning; or\n(c) anything attached to the building prescribed by regulation.\nbenefited estate—see section 35 (Easements given by this Act) and\nsection 36 (Easements declared by owners corporations).\nboundary authority—see section 149.\n\nbuilding includes—\n(a) a structure; and\n(b) any other improvement (including fixtures, fittings and site\nimprovements); and\n(c) as shown in a unit title application—a building, structure or\nimprovement (including fixtures, fittings and site\nimprovements) proposed to be erected, or as proposed to be\naltered or added to.\nExamples of site improvements\n1 a paved path\n2 a paved barbecue area\nbuilding and development provision, in relation to a lease—see the\nPlanning Act 2023, section 256.\nbuilding damage scheme—see section 152.\nbuilding management statement—see the Land Titles Act 1925,\nsection 123C (1).\nburdened estate—see section 35 (Easements given by this Act) and\nsection 36 (Easements declared by owners corporations).\ncancellation authority—see section 160.\ncancellation dissolution order—see section 165 (Dissolution of\nowners corporation—Supreme Court powers).\ncancellation order—see section 161A (Cancellation orders—\nSupreme Court powers).\nclass A unit—see section 10.\nclass B unit—see section 11.\ncommon property—see section 13.\ncompany—see the Unit Titles (Management) Act 2011, dictionary.\n\ncorporate register—see the Unit Titles (Management) Act 2011,\nsection 113.\nCrown lease—see the Land Titles Act 1925, dictionary.\nCrown lessee, in relation to a declared land sublease, means the lessee\nunder the Crown lease under which the sublease is granted.\ndeclared land sublease—see the Planning Act 2023, section 365 (1).\ndeveloper means the lessee of a parcel who applies for the approval\nof the subdivision of the parcel under section 17 (Unit title\napplications—general requirements).\ndevelopment, of a parcel, a unit or common property—\n(a) means the erection, alteration or addition of a building on the\nparcel, unit or common property; and\n(b) for a unit title application—includes a proposal for the erection,\nalteration or addition of a building on the parcel, unit or common\ndevelopment statement means a statement about a staged\ndevelopment, accompanying a unit title application (as amended\nunder section 22 (Unit title applications—amendment of\ndevelopment statement by authority), or amended under section 29\n(Amendment of development statements before registration) or\nsection 30 (Amendment of development statements after\nregistration)).\nencroachment includes a projection at, above or below ground level.\nentitled to vote, in relation to a motion at a general meeting of an\nowners corporation—see the Unit Titles (Management) Act 2011,\n\nestate, in relation to a unit title easement right given by this Act,\nmeans the unit or common property benefited or burdened by the\nright.\nNote See div 4.2 (Easements) (which defines unit title easement rights in s 34\nand benefited estate and burdened estate in s 35 and s 36).\nexecutive member, of an owners corporation—see the Unit Titles\n(Management) Act 2011, dictionary.\nexpiry dissolution order—see section 169 (Dissolution of owners\ncorporation on lease expiry—Supreme Court powers).\nfinal building damage order—see section 157.\nformer members, of an owners corporation that is dissolved, means\nthe people who were the members of the corporation immediately\nbefore the dissolution.\nimproved value, for calculating the unit entitlement of a unit (whether\nbefore or after the registration of the units plan) means—\n(a) for a class A unit—the total of the following values:\n(i) the value of the unit itself;\n(ii) for any unit subsidiaries annexed to the unit that are\nbuildings or parts of buildings—the value of the buildings\nor parts of buildings;\n(iii) for any unit subsidiaries annexed to the unit that are\nconstituted by land—the combined value of the land and\nall buildings on the land; or\n(b) for a class B unit—the total of the following values:\n(i) the combined value of the land occupied by the unit itself\nand of all buildings on the land;\n(ii) for any unit subsidiaries annexed to the unit that are\nbuildings or parts of buildings—the value of the buildings\nor parts of buildings;\n\n(iii) for any unit subsidiaries annexed to the unit that are\nconstituted by land—the combined value of the land and\nall buildings on the land.\ninterest, in a unit or common property—\n(a) means a legal or equitable estate or interest (whether registered\nor unregistered) in the lease of the unit or of the common\nproperty; and\n(b) if a units plan subdivides a parcel of land under a declared land\nsublease—includes the interest of the Crown lessee in the land;\nbut\n(c) does not include an interest in a lease of a unit.\ninterested nonvoter—a person with an interest in a unit or the\ncommon property is an interested nonvoter in relation to an\napplication under this Act for amendment of a development statement\n(under section 30), a boundary authority (under section 149) or a\ncancellation authority (under section 160) if—\n(a) the interest was shown on the corporate register (or known to an\nexecutive member) when the application was made; and\n(i) the person’s interest was in a unit (otherwise than as\nmortgagee) or the common property when the resolution\nauthorising the application was passed, but the person was\nnot entitled to vote on the resolution; or\n\n(ii) the person’s interest was as mortgagee in a unit when the\nresolution authorising the application was passed, but the\nmortgagee was not entitled to vote on the resolution\nthrough a mortgagee’s representative.\nExamples—interested nonvoters\n1 The proprietor of a property adjoining the parcel on which the units stand, if\nthe property benefits from an easement over the common property, and the\nproprietor’s easement interest is shown on the corporate register.\n2 For par (b) (i), a part-owner of a unit that is owned by 2 or more people, if the\npart-owner was not the representative for the unit when the application was\nauthorised at a general meeting. The part-owner would not have been ‘entitled\nto vote’ under the Unit Titles (Management) Act 2011, sch 3, s 3.20.\n3 For par (b) (i), an owner of a unit for which a mortgagee has issued a\nmortgagee voting notice under the Unit Titles (Management) Act 2011, sch 3,\ns 3.23. The owner would not have been ‘entitled to vote’ under that Act, sch 3,\ns 3.20.\n4 For par (b) (ii), the mortgagee of a unit who was not entitled to vote on the\nmotion authorising the application because the mortgagee did not (or was not\nentitled to) issue a mortgagee voting notice under the Unit Titles\n(Management) Act 2011, sch 3, s 3.23.\ninternally reviewable decision, for part 14 (Notification and review\nof decisions)—see section 173.\ninternal reviewer, for part 14 (Notification and review of\ndecisions)—see section 174A.\ninternal review notice, for part 14 (Notification and review of\ndecisions)—see the ACT Civil and Administrative Tribunal Act 2008,\nsection 67B (1).\nlease means—\n(a) for a unit—the lease of the unit under—\n(i) section 33 (2) (Leases of units and common property); or\n(ii) section 167AA (Declared land subleases—grant of further\n(iii) section 171 (2) (New unit lease); or\n\n(iv) the Planning Act 2023, section 289 (Grant of further\n(b) for common property—the lease of the common property\nunder—\n(i) section 33 (3) (Leases of units and common property); or\n(ii) section 167AA (Declared land subleases—grant of further\n(iii) the Planning Act 2023, section 289 (Grant of further\n(c) for a parcel—\n(i) the lease of the parcel—\n(A) granted under the Planning Act 2023; or\n(B) arising under section 162 (Cancellation of units\nplan—effects) of this Act; or\n(ii) if the parcel is land under a declared land sublease—the\ndeclared land sublease.\nlessee means—\n(a) for a unit—the owner of the unit; or\n(b) for the common property—the owners corporation; or\n(c) for a parcel—the registered proprietor of the lease of the parcel.\nmaintenance, of a building, a facility for a utility service or a utility\nconduit, means maintenance in good repair and working order, and\nincludes—\n(a) repair; and\n(b) replacement; and\n(c) renewal; and\n(d) restoration.\n\nmember, of an owners corporation—see the Unit Titles\n(Management) Act 2011, dictionary.\nminor boundary change—see section 16.\nmortgage—see the Unit Titles (Management) Act 2011, dictionary.\nmortgagee—see the Unit Titles (Management) Act 2011, dictionary.\nmortgagee’s representative—see the Unit Titles (Management)\nAct 2011, schedule 3, section 3.23.\nordinary resolution—see the Unit Titles (Management) Act 2011,\nowner means—\n(a) for a unit—the registered proprietor of the lease of the unit; or\nNote The term unit owner is also defined in the dictionary with the same\nmeaning.\n(b) for common property—the owners corporation.\nowners corporation—see the Unit Titles (Management) Act 2011,\nparcel—see section 5.\npart-owner, of a unit—see the Unit Titles (Management) Act 2011,\nproprietor, of an interest in land, includes anyone who is entitled to\nexercise the rights of the proprietor in relation to the land.\nExamples\n1 someone to whom the proprietor has assigned those rights\n2 the heir, executor or administrator of the proprietor\n3 the trustee in relation to the proprietor’s interest under the Bankruptcy\nAct 1966 (Cwlth)\n4 for a company that is a proprietor, the company’s liquidators\nprovisional building damage order—see section 154.\n\nprovisions, of a lease, means the provisions, covenants and conditions\nsubject to which the lease is held.\npublic unleased land—see the Public Unleased Land Act 2013,\nsection 8.\nregistered means registered with the registrar-general under the Land\nTitles Act 1925 or the Land Titles (Unit Titles) Act 1970.\nreviewable decision, for part 14 (Notification and review of\ndecisions)—see section 173.\nschedule of unit entitlement, in relation to a units plan, means the\nschedule of unit entitlement forming part of the plan under section 8.\nschedules of rent and lease provisions means the schedules issued\nby the territory planning authority under section 23 (1) setting out—\n(a) the rent to be reserved under the lease of each unit in a units plan\nand the provisions subject to which the lease of the unit is to be\nheld; and\n(b) the provisions subject to which the lease of the common\nproperty for the units plan is to be held.\nspecial resolution—see the Unit Titles (Management) Act 2011,\nstaged development, in relation to a unit title application—see section\n17 (4) (Unit title applications—general requirements).\ntermination, of a lease of a unit, does not include the termination of\nthe lease on surrender under—\n(a) the Planning Act 2023, section 289 (Grant of further leases); or\n(b) for leases under a units plan that subdivides land under a\ndeclared land sublease—section 167AA.\nunanimous resolution—see the Unit Titles (Management) Act 2011,\nunit—see section 9.\n\nunit entitlement—see section 8.\nunit entitlement authority—see section 146.\nunit owner means the registered proprietor of the lease of the unit.\nunits plan means the units plan under section 7.\nunit subsidiary—see section 12.\nunit title application—see section 6.\nunit title assessment report—see section 22B.\nunit title assessor—see section 22A.\nunit title easement rights—see section 34.\nunopposed resolution—see the Unit Titles (Management) Act 2011,\nutility conduit means a conduit of any kind for the provision of a\nutility service, and includes, for example, pipes, wires, cables and\nducts for a utility service.\nutility services includes—\n(a) the collection and passage of stormwater; and\n(b) the supply of water (for drinking or any other use); and\n(c) sewerage and drainage services; and\n(d) garbage collection services; and\n(e) gas, electricity and air services (including air conditioning and\nheating); and\n(f) communication services (including telephone, radio, television\nand internet).\n\n1 About the endnotes\n1 About the endnotes\nAmending and modifying laws are annotated in the legislation history and the\namendment history. Current modifications are not included in the republished law\nbut are set out in the endnotes.\nNot all editorial amendments made under the Legislation Act 2001, part 11.3 are\nannotated in the amendment history. Full details of any amendments can be\nobtained from the Parliamentary Counsel’s Office.\nUncommenced amending laws are not included in the republished law. The details\nof these laws are underlined in the legislation history. Uncommenced expiries are\nunderlined in the legislation history and amendment history.\nIf all the provisions of the law have been renumbered, a table of renumbered\nprovisions gives details of previous and current numbering.\nThe endnotes also include a table of earlier republications.\n2 Abbreviation key\nA = Act NI = Notifiable instrument\nAF = Approved form o = order\nam = amended om = omitted/repealed\namdt = amendment ord = ordinance\nAR = Assembly resolution orig = original\nch = chapter par = paragraph/subparagraph\nCN = Commencement notice pres = present\ndef = definition prev = previous\nDI = Disallowable instrument (prev...) = previously\ndict = dictionary pt = part\ndisallowed = disallowed by the Legislative r = rule/subrule\nAssembly reloc = relocated\ndiv = division renum = renumbered\nexp = expires/expired R[X] = Republication No\nGaz = gazette RI = reissue\nhdg = heading s = section/subsection\nIA = Interpretation Act 1967 sch = schedule\nins = inserted/added sdiv = subdivision\nLA = Legislation Act 2001 SL = Subordinate law\nLR = legislation register sub = substituted\nLRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced\nmod = modified/modification or to be expired\n\nUnit Titles Act 2001 A2001-16\nnotified 5 April 2001 (Gaz 2001 No 14)\ns 1, s 2 commenced 5 April 2001 (IA s 10B)\ns 182, s 185 and s 189 commenced 5 April 2001 (s 1)\nremainder commenced 5 October 2001 (LA s 79)\nas amended by\nLegislation (Consequential Amendments) Act 2001 A2001-44 pt 401\nnotified 26 July 2001 (Gaz 2001 No 30)\ns 1, s 2 commenced 26 July 2001 (IA s 10B)\npt 401 commenced 5 October 2001 (s 2 (2) and amdts 1.4149-1.4161)\nStatute Law Amendment Act 2001 (No 2) A2001-56 pt 3.51\nnotified 5 September 2001 (Gaz 2001 No S65)\ns 1, s 2 commenced 5 September 2001 (s 2 (1))\namdts commenced 12 September 2001 (s 2 (2), amdt 3.859,\namdt 3.860)\nCommunity Title Act 2001 A2001-58 s 103\nnotified 10 September 2001 (Gaz 2001 No S66)\ns 1, s 2 commenced 10 September 2001 (IA s 10B)\ns 103 commenced 10 March 2002 (LA s 79)\nStatute Law Amendment Act 2002 A2002-30 pt 3.84\nnotified LR 16 September 2002\ns 1, s 2 taken to have commenced 19 May 1997 (LA s 75 (2))\namdt 3.929 taken to have commenced 5 October 2001 (s 2 (2))\npt 3.84 remainder commenced 17 September 2002 (s 2 (1))\nPlanning and Land (Consequential Amendments) Act 2002 A2002-56\nsch 3 pt 3.16\nnotified LR 20 December 2002\ns 1, s 2 commenced 20 December 2002 (LA s 75 (1))\nsch 3 pt 3.16 commenced 1 July 2003 (s 2 and see Planning and Land\nAct 2002 A2002-55, s 2)\n\nStatute Law Amendment Act 2005 A2005-20 sch 3 pt 3.70\nnotified LR 12 May 2005\ns 1, s 2 taken to have commenced 8 March 2005 (LA s 75 (2))\nsch 3 pt 3.70 commenced 2 June 2005 (s 2 (1))\nUnit Titles Amendment Act 2005 A2005-25\nnotified LR 11 May 2005\ns 1, s 2 commenced 11 May 2005 (LA s 75 (1))\nremainder commenced 12 May 2005 (s 2)\nUnit Titles (Staged Development) Amendment Act 2005 A2005-37\nnotified LR 26 August 2005\ns 1, s 2 commenced 26 August 2005 (LA s 75 (1))\nremainder commenced 14 September 2005 (s 2 and CN2005-21)\nStatute Law Amendment Act 2006 A2006-42 sch 3 pt 3.24\nnotified LR 26 October 2006\ns 1, s 2 taken to have commenced 12 November 2005 (LA s 75 (2))\nsch 3 pt 3.24 commenced 16 November 2006 (s 2 (1))\nPlanning and Development (Consequential Amendments) Act 2007\nA2007-25 sch 1 pt 1.32\nnotified LR 13 September 2007\ns 1, s 2 commenced 13 September 2007 (LA s 75 (1))\nsch 1 pt 1.32 commenced 31 March 2008 (s 2 and see Planning and\nDevelopment Act 2007 A2007-24, s 2 and CN2008-1)\nUnit Titles Amendment Act 2008 A2008-9\nnotified LR 17 April 2008\ns 1, s 2 commenced 17 April 2008 (LA s 75 (1))\nremainder commenced 18 April 2008 (s 2)\nACT Civil and Administrative Tribunal Legislation Amendment\nAct 2008 (No 2) A2008-37 sch 1 pt 1.102\nnotified LR 4 September 2008\ns 1, s 2 commenced 4 September 2008 (LA s 75 (1))\nsch 1 pt 1.102 commenced 2 February 2009 (s 2 (1) and see ACT Civil\nand Administrative Tribunal Act 2008 A2008-35, s 2 (1) and CN2009-2)\n\nUnit Titles Amendment Act 2008 (No 2) A2008-45\nnotified LR 10 September 2008\ns 1, s 2 commenced 10 September 2008 (LA s 75 (1))\ns 3 commenced 2 February 2009 (s 2 (1) and CN2008-18)\ns 4, s 48 (new section 251) commenced 10 September 2009 (s 2 (1)\nand CN2008-18)\ns 7, s 16, s 39, s 42, s 45, s 46, s 49, s 50, s 53 commenced\n2 February 2009 (s 2 (2))\ns 15, s 52 (def manager) commenced 1 July 2009 (s 2 (1) and\nCN2008-18)\nremainder commenced 31 March 2009 (s 2 (1) and CN2008-18)\nStatute Law Amendment Act 2009 (No 2) A2009-49 sch 3 pt 3.81\nnotified LR 26 November 2009\ns 1, s 2 commenced 26 November 2009 (LA s 75 (1))\nsch 3 pt 3.81 commenced 17 December 2009 (s 2)\nConstruction Occupations Legislation Amendment Act 2010 A2010-8\npt 3\nnotified LR 3 March 2010\ns 1, s 2 commenced 3 March 2010 (LA s 75 (1))\npt 3 commenced 3 September 2010 (s 2 (2) and LA s 79)\nConstruction Occupations Legislation (Exemption Assessment)\nAmendment Act 2010 A2010-24 pt 6\nnotified LR 8 July 2010\npt 1 commenced 8 July 2010 (s 2 (1))\npt 6 commenced 3 September 2010 (s 2 (2) and see Construction\nOccupations Legislation Amendment Act 2010 A2010-8 (s 2 (2) and LA\ns 79)\nJustice and Community Safety Legislation Amendment Act 2010\n(No 4) A2010-50 sch 1 pt 1.12\nnotified LR 14 December 2010\ns 1, s 2 commenced 14 December 2010 (LA s 75 (1))\nsch 1 pt 1.12 commenced 21 December 2010 (s 2 (1))\nPlanning and Development (Lease Variation Charges) Amendment\nAct 2011 A2011-19 sch 1 pt 1.2\nnotified LR 30 June 2011\ns 1, s 2 commenced 30 June 2011 (LA s 75 (1))\nsch 1 pt 1.2 commenced 1 July 2011 (s 2)\n\nAdministrative (One ACT Public Service Miscellaneous Amendments)\nAct 2011 A2011-22 sch 1 pt 1.161\nnotified LR 30 June 2011\ns 1, s 2 commenced 30 June 2011 (LA s 75 (1))\nsch 1 pt 1.161 commenced 1 July 2011 (s 2 (1))\nPlanning and Building Legislation Amendment Act 2011 A2011-23\npt 10\nnotified LR 6 July 2011\npt 1 commenced 6 July 2011 (s 2 (1))\npt 10 commenced 7 July 2011 (s 2 (5))\nUnit Titles (Management) Act 2011 A2011-41 sch 5 pt 5.12\nnotified LR 3 November 2011\ns 1, s 2 commenced 3 November 2011 (LA s 75 (1))\nsch 5 pt 5.12 commenced 30 March 2012 (s 2 and CN2012-6)\nAct 2012 A2012-23 pt 6\nnotified LR 28 May 2012\ns 1, s 2 commenced 28 May 2012 (LA s 75 (1))\npt 6 commenced 29 May 2012 (s 2)\nPublic Unleased Land Act 2013 A2013-3 sch 2 pt 2.13\nnotified LR 21 February 2013\ns 1, s 2 commenced 21 February 2013 (LA s 75 (1))\nsch 2 pt 2.13 commenced 1 July 2013 (s 2)\nAct 2013 A2013-15 pt 10\nnotified LR 21 May 2013\ns 1, s 2 commenced 21 May 2013 (LA s 75 (1))\npt 10 commenced 22 May 2013 (s 2)\nAct 2014 A2014-23 pt 6\nnotified LR 26 May 2014\ns 1, s 2 commenced 26 May 2014 (LA s 75 (1))\npt 6 commenced 27 May 2014 (s 2)\n\nPlanning and Development (University of Canberra and Other\nLeases) Legislation Amendment Act 2015 A2015-19 pt 19\nnotified LR 11 June 2015\ns 1, s 2 commenced 11 June 2015 (LA s 75 (1))\npt 19 commenced 1 July 2015 (s 2 and CN2015-9)\nRed Tape Reduction Legislation Amendment Act 2016 A2016-18\nsch 3 pt 3.46\nnotified LR 13 April 2016\ns 1, s 2 commenced 13 April 2016 (LA s 75 (1))\nsch 3 pt 3.46 commenced 27 April 2016 (s 2)\nUnit Titles Legislation Amendment Act 2020 A2020-4 pt 11\nnotified LR 27 February 2020\ns 1, s 2 commenced 27 February 2020 (LA s 75 (1))\npt 11 commenced 1 November 2020 (s 2 (1) and CN2020-11)\nLand Titles (Electronic Conveyancing) Legislation Amendment\nAct 2020 A2020-16 sch 1 pt 1.12\nnotified LR 13 May 2020\ns 1, s 2 commenced 13 May 2020 (LA s 75 (1))\nsch 1 pt 1.12 commenced 1 June 2020 (s 2 and see Electronic\nConveyancing National Law (ACT) Act 2020 A2020-15 s 2)\nPlanning and Unit Titles Legislation Amendment Act 2021 (No 2)\nA2021-25 sch 1 pt 1.3\nnotified LR 17 November 2021\ns 1, s 2 commenced 17 November 2021 (LA s 75 (1))\nsch 1 pt 1.3 commenced 18 November 2021 (s 2)\nUnit Titles Legislation Amendment Act 2023 A2023-24 pt 4\nnotified LR 23 June 2023\ns 1, s 2 commenced 23 June 2023 (LA s 75 (1))\npt 4 commenced 1 July 2023 (s 2)\nPlanning (Consequential Amendments) Act 2023 A2023-36\nsch 1 pt 1.64\nnotified LR 29 September 2023\ns 1, s 2 commenced 29 September 2023 (LA s 75 (1))\nsch 1 pt 1.64 commenced 27 November 2023 (s 2 (1) and see\nPlanning Act 2023 A2023-18, s 2 (2) and CN2023-10)\n\nStatute Law Amendment Act 2025 A2025-29 sch 4 pt 4.181\nnotified LR 6 November 2025\ns 1, s 2 commenced 6 November 2025 (LA s 75 (1))\nsch 4 pt 4.181 commenced 5 January 2026 (s 2 (8))\n\nLong title\nlong title am A2011-41 amdt 5.32\nCommencement\ns 2 om LA s 89 (4)\ns 3 am A2011-41 amdt 5.33\nParcels\ns 5 am A2015-19 s 120\nUnits plan\ns 7 am A2005-37 s 4; pars renum R8 LA (see A2005-37 s 5)\nClass B units\ns 11 am A2008-9 amdt 1.1\nMeaning of annexed\ns 12A ins A2005-20 amdt 3.447\nMinor boundary changes\ns 16 am A2015-19 s 121\nUnit title applications—general requirements\ns 17 am A2001-44 amdt 1.4149; A2002-56 amdt 3.75; A2005-37\ns 6; A2007-25 amdt 1.180; A2008-9 s 4; A2008-45 s 4;\nA2010-8 s 16; A2010-24 s 52; A2011-23 s 41; A2012-23\ns 41, s 42; ss renum R24 LA; A2014-23 s 27; pars renum\nR28 LA; A2020-4 s 50; ss renum R33 LA; A2023-24 s 14;\nA2023-36 amdt 1.358, amdt 1.384; A2025-29 amdt 4.184\nUnit title applications—land under declared land sublease\ns 17A ins A2015-19 s 122\nUnit title applications—lease part of multi-lease building\ns 17B ins A2020-4 s 51\nam A2021-25 amdt 1.4; A2023-36 amdt 1.384\nUnit title applications—class A units and class B units\ns 18 am A2008-9 amdt 1.2\nUnit title applications—unit subsidiaries\ns 19 am A2008-9 amdt 1.2\nUnit title applications—certificates of occupancy and use\ns 19A ins A2023-24 s 15\n\nUnit title applications—approval\ns 20 am A2001-44 amdt 1.4150, amdt 1.4151; A2002-56\namdt 3.75, amdt 3.76; A2005-37 s 7, s 8; A2006-42\namdt 3.210, amdt 3.211; A2007-25 amdt 1.181, amdt 1.182;\nA2008-9 s 5, s 6; A2010-8 s 17; ss renum R18 LA; A2011-19\namdt 1.2, amdt 1.3; ss renum R21 LA; A2011-23 ss 42-45;\nss renum R22 LA; A2013-3 amdt 2.36; A2020-4 s 52, s 53;\npars renum R33 LA; A2021-25 amdt 1.5; A2023-24 s 16,\ns 17; pars renum R36 LA; A2023-36 amdts 1.359-1.361,\namdt 1.383, amdt 1.384; A2025-29 amdt 4.184\nUnit title applications—reasonable rent\ns 21 am A2002-56 amdts 3.57-3.59; A2008-37 amdt 1.504;\nA2023-36 amdt 1.362, amdt 1.384\nUnit title applications—amendment of development statement by authority\ns 22 sub A2002-56 amdt 3.60\nUnit title assessment reports for unit title applications\ndiv 3.1A hdg ins A2010-8 s 18\nMeaning of unit title assessor\ns 22A ins A2010-8 s 18\nUnit title assessment reports\ns 22B ins A2010-8 s 18\nam A2010-24 s 53; A2023-36 amdt 1.384; A2025-29\nUnit title assessment report applications—unit title assessor may require\nfurther information\ns 22C ins A2010-8 s 18\nam A2010-24 s 54\nUnit title assessment report applications—contents of request for further\ns 22D ins A2010-8 s 18\nam A2016-18 amdt 3.217\nUnit title assessment report applications—effect of failure to provide further\ns 22E ins A2010-8 s 18\nUnit title applications—authority may require further information\ns 22F ins A2010-8 s 18\nUnit title applications—contents of request for further information\ns 22G ins A2010-8 s 18\n\nNotice of approval of unit title applications\ns 23 am A2002-56 amdt 3.61, amdt 3.75, amdt 3.76; A2020-4 s 54;\nA2023-36 amdt 1.384\nSecurity for staged developments and unfinished work\ns 24 am A2001-44 amdt 1.4152, amdt 1.4153; A2002-56\namdt 3.62, amdt 3.75; A2023-36 amdt 1.362, amdt 1.384;\nA2025-29 amdt 4.184\nEndorsement of units plan for registration\ns 27 am A2002-56 amdt 3.63, amdt 3.75, amdt 3.76; A2005-37 s 9;\npars renum R8 LA (see A2005-37 s 10); A2007-25\namdt 1.182; A2008-9 s 7, A2023-36 amdt 1.383, amdt 1.384\nLapse of endorsement after 3 months\ns 28 am A2002-56 amdt 3.75; A2023-36 amdt 1.384\nAmendment of development statements before registration\ns 29 am A2001-44 amdt 1.4154; A2002-56 amdt 3.64, amdt 3.65,\namdt 3.75; A2023-36 amdt 1.384; A2025-29 amdt 4.184\nAmendment of development statements after registration\ns 30 am A2001-44 amdt 1.4154; A2002-56 amdt 3.66, amdt 3.67,\namdt 3.75, amdt 3.76; A2005-37 ss 11-14; ss renum R8 LA\n(see A2005-37 s 15); A2008-45 s 5; A2023-36 amdt 1.384;\nA2025-29 amdt 4.184\nEffect of registration of amendment\ns 31 sub A2005-37 s 16\nam A2007-25 amdt 1.183; A2023-36 amdt 1.363\nDeveloper disclosure\ndiv 3.4 hdg ins A2008-45 s 6\nreloc to Civil Law (Property) Act 2006 div 2.9.2 hdg by\nA2011-41 amdt 5.38\nContract for sale of unit before registration of units plan\ns 31A ins A2008-45 s 6\nam A2011-41 amdts 5.34-5.37\nreloc to Civil Law (Property) Act 2006 s 260 by A2011-41\namdt 5.38\nLeases of units and common property\ns 33 am A2007-25 amdt 1.184; A2011-41 amdt 5.39; A2015-19\ns 123; ss renum R29 LA; A2020-4 ss 55-57; A2023-36\namdt 1.364\nUnit title easement rights\ns 34 am A2007-25 amdt 1.185\n\nEncroachments on public unleased land\ndiv 4.3 hdg ins A2008-9 s 8\nsub A2013-3 amdt 2.37\nEffect of registration of units plan with encroachment on public\nunleased land\ns 37A hdg sub A2013-3 amdt 2.38\ns 37A ins A2008-9 s 8\nam A2011-41 amdt 5.40; A2013-3 amdt 2.39\nOwners corporations generally\npt 5 hdg om A2011-41 amdt 5.41\nEstablishment and legal status of owners corporation\ndiv 5.1 hdg om A2011-41 amdt 5.41\nEstablishment of owners corporations\ns 38 om A2011-41 amdt 5.41\nLegal status of owners corporation\ns 39 om A2011-41 amdt 5.41\nMembership and representatives\ndiv 5.2 hdg om A2011-41 amdt 5.41\nMembers of owners corporation\ns 40 om A2011-41 amdt 5.41\nMultiple owners of units—authorisation of representatives\ns 41 om A2011-41 amdt 5.41\nMultiple owners of units—functions of representatives\ns 42 om A2011-41 amdt 5.41\nCompany-owned units—authorisation of representatives\ns 43 om A2011-41 amdt 5.41\nCompany-owned units—functions of representatives\ns 44 om A2011-41 amdt 5.41\nEvidence of representative status\ns 45 om A2011-41 amdt 5.41\nGeneral functions\ndiv 5.3 hdg om A2011-41 amdt 5.41\nGeneral functions\ns 46 om A2011-41 amdt 5.41\nRestriction on owners corporation during developer control period\ns 46A ins A2008-45 s 7\nom A2011-41 amdt 5.41\n\nCommon property ownership\ns 47 om A2011-41 amdt 5.41\nDealings in property\ns 48 am A2001-58 s 103; A2008-45 s 8, s 9\nom A2011-41 amdt 5.41\nSpecial privileges relating to common property\ns 49 om A2011-41 amdt 5.41\nSurrender of leases in units\ns 49A reloc and renum as s 167A\nExemptions for units plans with 4 or fewer units\ns 50 am A2008-45 s 10\nGeneral duties\ns 51 am A2002-56 amdt 3.75; A2005-37 s 17; pars renum R8 LA\n(see A2005-37 s 18); A2007-25 amdt 1.186; A2008-45 s 11\nAnimals—owners corporation’s consent\ns 51A ins A2008-45 s 12\nStructural defects—owners corporation may represent members\ns 51B ins A2008-45 s 12\nOwners corporation—entry to units\ns 51C ins A2008-45 s 12\nWork on behalf of particular unit owners or occupiers\ns 52 am A2008-45 s 13\nRecovery of costs—agreements under s 52\ns 53 om A2011-41 amdt 5.43\nRecovery of expenditure resulting from member or unit occupier’s fault\ns 54 om A2011-41 amdt 5.43\nPeople appointed by owners corporation to help run owners corporation\ndiv 5.3A hdg ins A2008-45 s 15\nManager—appointment\ns 55 om A2008-45 s 14\nins A2008-45 s 15\n\nManager—conditions of appointment\ns 55A ins A2008-45 s 15\nManager—functions\ns 55B ins A2008-45 s 15\nManager—ending appointment\ns 55C ins A2008-45 s 15\nam A2009-49 amdt 3.204\nManager—remedial breaches\ns 55D ins A2008-45 s 15\nManager—code of conduct\ns 55E ins A2008-45 s 15\nManager—public liability insurance\ns 55F ins A2008-45 s 15\nManager—delegated functions\ns 55G ins A2008-45 s 15\nCommunications officer—appointment\ns 55H ins A2008-45 s 15\nCommunications officer—function\ns 55I ins A2008-45 s 15\nService contractors\ndiv 5.3B hdg ins A2008-45 s 16\nService contractor—contract and functions\nsdiv 5.3B.1 hdg ins A2008-45 s 16\nDefinitions—div 5.3B\ns 55J ins A2008-45 s 16\ndef service contract ins A2008-45 s 16\ndef service contractor ins A2008-45 s 16\n\ndef service contractor services ins A2008-45 s 16\nService contractor—contract\ns 55K ins A2008-45 s 16\nService contractor not to be contracted for longer than 25 years\ns 55L ins A2008-45 s 16\nService contractor—functions\ns 55M ins A2008-45 s 16\nService contractor—transfer\ns 55N ins A2008-45 s 16\nService contractor—ending contract\ns 55O ins A2008-45 s 16\nam A2009-49 amdt 3.205\nService contractor—remedial breaches\ns 55P ins A2008-45 s 16\nService contractor—contract and functions\nsdiv 5.3B.2 hdg ins A2008-45 s 16\nMeaning of financed service contract and financier—subdiv 5.3B.2\ns 55Q ins A2008-45 s 16\nWho is a financier for a service contract?\ns 55R ins A2008-45 s 16\nFinanced service contract—notice of change\ns 55S ins A2008-45 s 16\nFinanced service contract—limitation on ending\ns 55T ins A2008-45 s 16\nFinanced service contract—person authorised to act for financier\ns 55U ins A2008-45 s 16\n\nFinanced service contract—agreement between owners corporation and\nfinancier prohibited\ns 55V ins A2008-45 s 16\nFinances of owners corporation\ndiv 5.4 hdg om A2011-41 amdt 5.43\nDefinitions—div 5.4\ns 55W ins A2008-45 s 17\ndef initial sinking fund plan ins A2008-45 s 17\ndef sinking fund expenditure ins A2008-45 s 17\ndef sinking fund plan ins A2008-45 s 17\nBanking and investment of money of corporation\ns 56 om A2011-41 amdt 5.43\nProhibition on business\ns 57 om A2011-41 amdt 5.43\nBorrowing powers\ns 58 am A2008-45 s 18\nGeneral funds (administrative or special purpose funds)\ns 59 am A2005-20 amdt 3.448\nContributions to general funds\ns 60 om A2011-41 amdt 5.43\nSinking funds\ns 61 am A2008-45 s 19, s 20\nSinking funds—owners corporation to prepare initial 10-year plan\ns 62 sub A2008-45 s 21\n(4)-(6) exp 31 March 2011 (s 62 (6) (LA s 88 declaration\napplies))\nSinking funds—review of initial sinking fund plan\ns 63 sub A2008-45 s 21\nSinking funds—owners corporation to prepare subsequent 10-year plans\ns 63A ins A2008-45 s 21\n\nSinking funds—review of sinking fund plan\ns 63B ins A2008-45 s 21\nSinking funds—contributions\ns 64 om A2011-41 amdt 5.43\nGeneral and sinking funds in staged developments\ns 64A ins A2005-37 s 19\nDiscounts and interest—amounts owing\ns 65 am A2008-45 s 22, s 23\nRecovery of amounts owing\ns 66 om A2011-41 amdt 5.43\nSecurity for unpaid amounts—declaration of charge\ns 67 om A2011-41 amdt 5.43\nSecurity for unpaid amounts—discharge\ns 68 om A2011-41 amdt 5.43\nLiability of co-owners\ns 69 om A2011-41 amdt 5.43\nInformation\ndiv 5.5 hdg om A2011-41 amdt 5.43\nCorporate register—establishment\ns 70 om A2011-41 amdt 5.43\nCorporate register—information for inclusion\ns 71 am A2005-20 amdt 3.449\nCorporate register—access\ns 72 om A2011-41 amdt 5.43\nNames and addresses of executive members\ns 73 om A2011-41 amdt 5.43\nInsurance information\ns 74 om A2011-41 amdt 5.43\nUnit title certificate and access to owners corporation records\ns 75 am A2001-44 amdt 1.4155, amdt 1.4156\nsub A2008-45 s 24\nActing on information in unit title certificate\ns 76 om A2011-41 amdt 5.43\n\nFailure to provide information (or certificate)—offence\ns 77 om A2011-41 amdt 5.43\nOwners corporation name, address and letterbox\ns 78 am A2001-44 amdt 1.4157\nService of documents on owners corporation\ns 79 sub A2002-30 amdt 3.925\nService of documents on members, interested people and occupiers\ns 80 am A2002-30 amdt 3.926, amdt 3.927\nDecision-making by owners corporations\npt 6 hdg om A2011-41 amdt 5.43\nExecutive committee\ndiv 6.1 hdg om A2011-41 amdt 5.43\nExecutive committee—establishment\ns 81 om A2011-41 amdt 5.43\nExecutive committee—functions\ns 82 am A2008-45 s 25; ss renum R13 LA\nExecutive committee—before the first annual general meeting\ns 83 am A2008-45 s 26\nExecutive committee—after the first annual general meeting\ns 84 am A2008-45 s 27, s 28\nMeetings of executive committee\ns 85 om A2011-41 amdt 5.43\nQuorum of executive committee\ns 86 om A2011-41 amdt 5.43\nExecutive committee—office-holders\ns 87 sub A2008-45 s 29\nExecutive committee—chairperson’s functions\ns 87A ins A2008-45 s 29\nExecutive committee—secretary’s functions\ns 87B ins A2008-45 s 29\n\nExecutive committee—treasurer’s functions\ns 87C ins A2008-45 s 29\nVoting of executive committee\ns 88 om A2011-41 amdt 5.43\nDecisions about staged development\ns 88A ins A2005-37 s 20\nDecisions about use of common property\ns 88B ins A2008-45 s 30\nDecisions about taking legal action\ns 88C ins A2008-45 s 30\nTaking urgent legal action\ns 88D ins A2008-45 s 30\nDelegation by executive committee\ns 89 sub A2002-30 amdt 3.928\nContractors and employees\ns 90 sub A2008-45 s 31\nMinutes, records and accounts\ns 91 am A2002-56 amdt 3.75\nValidity of acts of executive committee\ns 92 om A2011-41 amdt 5.43\nGeneral meetings\ndiv 6.2 hdg om A2011-41 amdt 5.43\nConduct of general meetings\ns 93 om A2011-41 amdt 5.43\nAnnual general meetings\ns 94 om A2011-41 amdt 5.43\nFirst annual general meeting\ns 95 am A2008-45 s 32, s 33\n(3)-(5) exp 30 September 2009 (s 95 (5) (LA s 88 declaration\napplies))\n\nFirst annual general meeting—developer to deliver records\ns 95A ins A2008-45 s 34\nGeneral meetings other than annual general meetings\ns 96 om A2011-41 amdt 5.43\nNotice of general meetings\ns 97 om A2011-41 amdt 5.43\nDefective notice of meetings\ns 98 om A2011-41 amdt 5.43\nQuorum at a general meeting—owners corporation with 3 or more members\ns 99 om A2011-41 amdt 5.43\nNotice of reduced quorum decisions and adjournments\ns 100 am A2001-44 amdt 1.4158, amdt 1.4159\nReduced quorum decisions—effect\ns 101 om A2011-41 amdt 5.43\nQuorum at a general meeting—owners corporation with 2 members\ns 102 am A2008-45 s 35\nChairperson at a general meeting\ns 103 om A2011-41 amdt 5.43\nResolutions at general meetings\ndiv 6.3 hdg om A2011-41 amdt 5.43\nDecision-making at general meetings\ns 104 om A2011-41 amdt 5.43\nOrdinary resolutions\ns 105 om A2011-41 amdt 5.43\nSpecial resolutions\ns 106 om A2011-41 amdt 5.43\nUnopposed resolutions\ns 107 om A2011-41 amdt 5.43\nUnanimous resolutions\ns 108 om A2011-41 amdt 5.43\nEvidence of resolutions of owners corporation\ns 109 om A2011-41 amdt 5.43\nVoting at general meetings\ndiv 6.4 hdg om A2011-41 amdt 5.43\n\nWho is entitled to vote?\ns 110 om A2011-41 amdt 5.43\nDecisions about staged development\ns 110A ins A2005-37 s 21\nOne vote—1 unit\ns 111 om A2011-41 amdt 5.43\nVoting by mortgagees\ns 112 om A2011-41 amdt 5.43\nMortgagee voting notice—amendment and revocation\ns 113 am A2002-30 amdt 3.929\nEvidence of mortgagee’s entitlement to vote\ns 114 om A2011-41 amdt 5.43\nProxy votes\ns 115 am A2008-45 s 36\nProxy votes—limit on developer\ns 115A ins A2008-45 s 37\nValue of votes\ns 116 sub A2005-20 amdt 3.450\nPolls\ns 117 om A2011-41 amdt 5.43\nVoting by chairperson\ns 118 om A2011-41 amdt 5.43\nOwners corporations with only 2 members—votes divided\ns 119 om A2008-45 s 38\nAbsentee votes—unopposed and unanimous resolutions\ns 120 om A2011-41 amdt 5.43\nPeople under 18 or under other legal disabilities\ns 121 am A2002-30 amdt 3.930\nDeclaration by chairperson of result of voting\ns 122 om A2011-41 amdt 5.43\nDispute resolution\ndiv 6.5 hdg sub A2008-45 s 39\n\nWhat is an ACAT dispute?\ns 123 sub A2008-45 s 39\nWho may apply to the ACAT?\ns 124 sub A2008-45 s 39\nKinds of ACAT orders\ns 125 sub A2008-45 s 39\nOwners corporation articles\npt 7 hdg om A2011-41 amdt 5.43\nWhat are the articles of an owners corporation?\ns 126 sub A2008-45 s 40\nEffect of articles\ns 127 am A2008-9 amdt 1.3\nAmendment of articles\ns 128 am A2008-45 s 41; ss renum R13 LA\nBreach of articles—article infringement notice\ns 129 sub A2008-45 s 42\nBreach of articles—failure to comply with article infringement notice\ns 129A ins A2008-45 s 42\nBreach of articles—request for article infringement notice\ns 129B ins A2008-45 s 42\nApplication of Legislation Act\ns 130 hdg sub A2001-56 amdt 3.859\ns 130 am A2001-56 amdt 3.860\nImplied warranties\npt 7A hdg ins A2008-45 s 43\nreloc to Civil Law (Property) Act 2006 div 2.9.3 hdg by\nA2011-41 amdt 5.47\n\nMeaning of implied warranties—div 2.9.3\ns 130A hdg am A2011-41 amdt 5.44\ns 130A ins A2008-45 s 43\nreloc to Civil Law (Property) Act 2006 s 261 by A2011-41\nPurpose—div 2.9.3\ns 130B hdg am A2011-41 amdt 5.44\ns 130B ins A2008-45 s 43\nreloc to Civil Law (Property) Act 2006 s 262 by A2011-41\nImplied warranties and right to cancel—effect\ns 130C ins A2008-45 s 43\nreloc to Civil Law (Property) Act 2006 s 263 by A2011-41\nImplied warranties\ns 130D ins A2008-45 s 43\nreloc to Civil Law (Property) Act 2006 s 264 by A2011-41\nCancellation of contract\ns 130E ins A2008-45 s 43\nreloc to Civil Law (Property) Act 2006 s 265 by A2011-41\nClaim for compensation\ns 130F ins A2008-45 s 43\nam A2011-41 amdt 5.46\nreloc to Civil Law (Property) Act 2006 s 266 by A2011-41\nInsurance\npt 8 hdg om A2011-41 amdt 5.48\nPublic liability insurance by owners corporation\ns 131 om A2011-41 amdt 5.48\nBuilding insurance by owners corporation\ns 132 am A2005-37 s 22\nExemptions from building insurance requirements\ns 133 om A2011-41 amdt 5.48\nMortgage insurance of unit\ns 134 om A2011-41 amdt 5.48\n\nPayment under mortgage insurance policies\ns 135 om A2011-41 amdt 5.48\nTransfer of mortgagee’s interest to insurer\ns 136 om A2011-41 amdt 5.48\nApplication of insurance money by owners corporation\ns 137 am A2008-45 s 53\nAdditional insurance—owners corporation\ns 138 om A2011-41 amdt 5.48\nAdditional insurance—unit owners\ns 139 om A2011-41 amdt 5.48\nAdministrators\npt 9 hdg om A2011-41 amdt 5.48\nInterested parties\ndiv 9.1 hdg om A2011-41 amdt 5.48\nWho may apply for an administration order?\ns 140 am A2008-45 s 53; A2011-22 amdt 1.451\nACAT appearances and service of applications\ns 141 hdg am A2008-45 s 53\ns 141 am A2008-45 s 53; A2011-22 amdt 1.451\nInterested parties\ndiv 9.2 hdg om A2011-41 amdt 5.48\nAppointment, removal and functions\ns 142 am A2002-30 amdt 3.931; A2008-45 s 53\nRemoval or replacement of administrator\ns 143 am A2008-45 s 53\nFunctions of administrator\ns 144 am A2008-45 s 53\nDelegation by administrator\ns 145 sub A2002-30 amdt 3.932\nUnit entitlement authority—grant\ns 146 am A2001-44 amdt 1.4160; A2002-56 amdt 3.75; A2008-45\ns 44; A2023-36 amdt 1.384; A2025-29 amdt 4.184\n\nBoundary authority—grant\ns 149 am A2001-44 amdt 1.4160; A2002-56 amdt 3.75; A2023-36\namdt 1.384; A2025-29 amdt 4.184\nBoundary authorities—registration\ns 151 am A2007-25 amdt 1.187; A2023-36 amdt 1.365\nWhat is a building damage scheme?\ns 152 am A2023-24 s 18\nBuilding damage orders—right of appearance\ns 153 am A2008-45 s 53; A2011-22 amdt 1.451; A2011-41\namdt 5.49, amdt 5.50\nProvisional building damage order—application\ns 154 am A2001-44 amdt 1.4160; A2002-56 amdt 3.68, amdt 3.69,\namdt 3.75; A2005-25 s 4; A2007-25 amdt 1.188; A2008-45\ns 53; A2023-36 amdt 1.366, amdt 1.384; A2025-29\nProvisional building damage order—approval of scheme\ns 155 am A2002-56 amdt 3.75; A2008-45 s 53; A2023-36\namdt 1.384\nProvisional building damage order—period of effect\ns 156 am A2008-45 s 45\nFinal building damage order—amendment of units plan\ns 157 am A2008-45 s 53\nFinal building damage order—period of effect\ns 158 am A2008-45 s 46\nFinal building damage order—registration\ns 159 am A2007-25 amdt 1.189; A2023-36 amdt 1.367\nCancellation authority—grant by territory planning authority\ns 160 hdg sub A2005-25 s 5\ns 160 am A2001-44 amdt 1.4160; A2002-56 amdt 3.75; A2005-25\nss 6-8; ss renum R6 LA (see A2005-25 s 9); A2023-36\namdt 1.384; A2025-29 amdt 4.184\nCancellation authority—period of effect\ns 161 hdg sub A2005-25 s 10\nCancellation orders\ndiv 11.2 hdg om A2005-25 s 12\nins A2005-25 s 11\nCancellation orders—Supreme Court powers\ns 161A ins A2005-25 s 11\n\nCancellation orders—provisional orders\ns 161B ins A2005-25 s 11\nCancellation orders—after provisional order is made\ns 161C ins A2005-25 s 11\nCancellation orders—right of appearance\ns 161D ins A2005-25 s 11\nam A2011-22 amdt 1.451; A2011-41 amdt 5.51, amdt 5.52\nEffects of cancellation\ndiv 11.3 hdg ins A2005-25 s 12\nCancellation of units plan—effects\ns 162 am A2005-25 s 13\nCancellation of units plan—new lease over parcel\ns 163 am A2002-56 amdt 3.75; A2005-25 s 14; A2020-4 s 58;\nA2023-36 amdt 1.368, amdt 1.384\nDissolution of owners corporation—Supreme Court powers\ns 165 hdg sub A2005-25 s 15\ns 165 am A2005-25 s 16, s 17, s 19; pars renum R6 LA (see\nA2005-25 s 18); A2011-22 amdt 1.451; A2011-41 amdt 5.53,\namdt 5.54\nChanging 2-unit units plans to subdivisions\npt 11A hdg ins A2008-45 s 47\nApplication—pt 11A\ns 165A ins A2008-45 s 47\nSubdivision of units plan—application\ns 165B ins A2008-45 s 47\nam A2023-36 amdt 1.369, amdt 1.383\nLease variations and grants of further leases\npt 12 hdg sub A2011-41 amdt 5.55; A2015-19 s 124\nVariation of leases\ndiv 12.1 hdg ins A2011-41 amdt 5.55\nDevelopment applications to vary lease under Planning Act 2023\ns 166 hdg sub A2007-25 amdt 1.190; A2023-36 amdt 1.370\ns 166 am A2002-56 amdt 3.75; A2007-25 amdt 1.191, amdt 1.192;\nA2015-19 s 125; A2023-36 amdt 1.371, amdt 1.372,\namdt 1.384\nLease variation—amendment of schedule of unit entitlement\ns 167 sub A2002-56 amdt 3.70\nam A2023-36 amdt 1.373, amdt 1.384\n\nGrants of further leases\ndiv 12.2 hdg ins A2011-41 amdt 5.56\nsub A2015-19 s 126\nDeclared land subleases—grant of further leases\ns 167AA ins A2015-19 s 126\nGrant of further leases—generally\ns 167A (prev s 49A) ins A2010-50 amdt 1.53\nreloc and renum as s 167A A2011-41 amdt 5.42\nsub A2015-19 s 127\nam A2020-16 amdt 1.36; A2023-36 amdt 1.374\nDeclared land subleases—surrender of leases in units without grant of\nfurther leases\ns 167B ins A2015-19 s 127\nEffects of lease expiry\ns 168 am A2015-19 s 128, s 129; ss renum R29 LA; A2023-36\namdt 1.375, amdt 1.384\nDissolution of owners corporation on lease expiry—Supreme Court powers\ns 169 hdg sub A2005-25 s 20\ns 169 am A2005-25 s 21, s 22, s 24; pars renum R6 LA (see\nA2005-25 s 23); A2011-22 amdt 1.451; A2011-41 amdt 5.57,\namdt 5.58\nEffect of termination of unit lease\ns 170 am A2002-56 amdt 3.71, amdt 3.76; A2007-25 amdt 1.193;\nA2015-19 s 130; A2023-36 amdt 1.376, amdt 1.384\nNew unit lease\ns 171 am A2002-56 amdt 3.75; A2007-25 amdts 1.194-1.196;\nA2023-36 amdt 1.377, amdt 1.383, amdt 1.384\nNew unit lease—schedule of unit entitlement\ns 172 am A2007-25 amdt 1.197, amdt 1.198; A2015-19 s 131;\nA2023-36 amdt 1.377, amdt 1.383\nNotification and review of decisions\npt 14 hdg sub A2008-37 amdt 1.505\nDefinitions—pt 14\ns 173 am A2002-56 amdt 3.72, amdt 3.75\ndef internally reviewable decision ins A2008-37 amdt 1.505\ndef internal reviewer ins A2008-37 amdt 1.505\ndef internal review notice ins A2008-37 amdt 1.505\ndef reviewable decision ins A2008-37 amdt 1.505\n\nInternal review notices\ns 173A ins A2008-37 amdt 1.505\nam A2023-36 amdt 1.384; A2025-29 amdt 4.184\nObjections\ns 174 am A2002-56 amdt 3.75\nam A2023-36 amdt 1.384; A2025-29 amdt 4.184\nInternal reviewer\ns 174A ins A2008-37 amdt 1.505\nReview by internal reviewer\ns 175 am A2002-56 amdt 3.75\nReviewable decision notices\ns 176 sub A2008-37 amdt 1.505\nam A2025-29 amdt 4.184\nEffect of decision to allow objection\ns 177 sub A2008-37 amdt 1.505\nApplications for review\ns 177A ins A2008-37 amdt 1.505\nam A2025-29 amdt 4.184\nRemoval of matters from ACAT to Supreme Court\ns 178 hdg am A2008-45 s 53\ns 178 am A2008-45 s 53\nom A2011-41 amdt 5.59\nDetermination of fees\ns 179 sub A2001-44 amdt 1.4161\nam A2006-42 amdt 3.211; A2011-41 amdt 5.60; A2025-29\nApproved forms\ns 180 sub A2001-44 amdt 1.4161\nam A2002-30 amdt 3.933; A2002-56 amdt 3.75; A2006-42\namdt 3.211; A2023-36 amdt 1.384; A2025-29 amdt 4.184\nRegulation-making power\ns 181 sub A2001-44 amdt 1.4161\nam A2010-8 s 19; A2025-29 amdt 4.184\nRepeals and transitional\npt 16 hdg exp 5 April 2003 (s 194)\n\nDefinitions for pt 16\ns 182 exp 5 April 2003 (s 194)\nRepeal of Unit Titles Act 1970 and Unit Titles Regulations\ns 183 om LA s 89 (3)\nUnits plans, corporations and committees\ns 184 exp 5 April 2003 (s 194)\nMixed class A and class B unit title proposals\ns 185 exp 5 April 2003 (s 194)\nTransitional unit title proposals\ns 186 exp 5 April 2003 (s 194)\nTransitional unit title approvals\ns 187 exp 5 April 2003 (s 194)\nRepresentatives—multiply-owned units and company-owned units\ns 188 exp 5 April 2003 (s 194)\nGeneral meetings notified before commencement day\ns 189 exp 5 April 2003 (s 194)\nFinances of transitional corporations\ns 190 exp 5 April 2003 (s 194)\nWork on behalf of unit owners\ns 191 exp 5 April 2003 (s 194)\nArticles\ns 192 exp 5 April 2003 (s 194)\nInsurance\ns 193 exp 5 April 2003 (s 194)\nExpiry of pt 16\ns 194 sub A2002-30 amdt 3.934\nexp 5 April 2003 (s 194)\nTransitional—Unit Titles Amendment Act 2008 (No 2)\npt 20 hdg ins A2008-45 s 48\nDefinitions—pt 20\ns 250 ins A2008-45 s 48\ndef commencement day ins A2008-45 s 48\ndef pre-amendment Act ins A2008-45 s 48\n\nTransitional—unit title application for 2-unit units plan\ns 251 ins A2008-45 s 48\nTransitional regulations\ns 252 ins A2008-45 s 48\nTransitional effect—Legislation Act, s 88\ns 253 ins A2008-45 s 48\nExpiry—pt 20\ns 254 ins A2008-45 s 48\nTransitional—Construction Occupations Legislation Amendment Act 2010\npt 25 hdg ins A2010-8 s 20\nMeaning of commencement day—pt 25\ns 300 ins A2010-8 s 20\nTransitional—unit title applications lodged before commencement day\ns 301 ins A2010-8 s 20\nTransitional regulations—pt 25\ns 302 ins A2010-8 s 20\nExpiry—pt 25\ns 303 ins A2010-8 s 20\nTransitional—Unit Titles Legislation Amendment Act 2020\npt 26 hdg ins A2020-4 s 59\nRequirement for building management statement—s 17B\ns 305 ins A2020-4 s 59\nExpiry—pt 26\ns 306 ins A2020-4 s 59\nReviewable decisions\nsch 1 hdg sub A2008-37 amdt 1.506\nsch 1 am A2006-42 amdt 3.212; A2008-37 amdt 1.507; A2013-15\ns 20\n\ndict am A2002-30 amdt 3.935; A2006-42 amdt 3.213; A2008-37\namdt 1.508; A2008-45 s 49; A2009-49 amdt 3.206; A2011-22\namdt 1.452; A2011-41 amdt 5.61; A2023-36 amdt 1.378\ndef ACAT dispute ins A2008-45 s 50\nom A2011-41 amdt 5.62\ndef address for correspondence sub A2011-41 amdt 5.63\ndef administration order om A2011-41 amdt 5.64\ndef administrative fund om A2011-41 amdt 5.64\ndef administrator sub A2011-41 amdt 5.65\ndef annexed sub A2005-20 amdt 3.451\ndef appoint ins A2008-45 s 50\ndef article ins A2005-20 amdt 3.452\nom A2011-41 amdt 5.66\ndef attachment ins A2008-9 s 9\ndef building and development provision ins A2007-25\namdt 1.199\nsub A2023-36 amdt 1.379\ndef building management statement ins A2020-4 s 60\nsub A2021-25 amdt 1.6\ndef cancellation dissolution order sub A2005-25 s 25\ndef cancellation order ins A2005-25 s 26\ndef communications officer ins A2008-45 s 50\nom A2011-41 amdt 5.66\ndef company sub A2011-41 amdt 5.67\ndef company representative om A2005-20 amdt 3.453\ndef contribution om A2011-41 amdt 5.68\ndef corporate register sub A2011-41 amdt 5.69\ndef Crown lease ins A2015-19 s 132\ndef Crown lessee ins A2015-19 s 132\ndef deadlock order om A2011-41 amdt 5.70\ndef declared land sublease ins A2015-19 s 132\nsub A2023-36 amdt 1.379\ndef default articles sub A2008-45 s 51\ndef developer ins A2008-45 s 52\ndef developer control period ins A2008-45 s 52\ndef development covenant om A2007-25 amdt 1.200\ndef development statement sub A2002-56 amdt 3.74\ndef eligible person am A2002-56 amdt 3.75\ndef encroachment ins A2008-9 s 9\ndef entitled to vote sub A2005-20 amdt 3.454; A2011-41\namdt 5.71\ndef executive committee om A2011-41 amdt 5.72\ndef executive member sub A2011-41 amdt 5.73\n\ndef expiry dissolution order sub A2005-25 s 27\ndef financial year om A2011-41 amdt 5.74\ndef financier ins A2008-45 s 52\ndef full name om A2011-41 amdt 5.74\ndef general fund om A2011-41 amdt 5.74\ndef general funds budget om A2011-41 amdt 5.74\ndef GST om A2005-20 amdt 3.455\ndef implied warranties ins A2008-45 s 52\ndef initial sinking fund plan ins A2008-45 s 52\ndef interest sub A2015-19 s 133\ndef interested non-voter am A2011-41 amdt 5.75\ndef interested party om A2011-41 amdt 5.76\ndef internally reviewable decision ins A2008-37 amdt 1.509\ndef internal reviewer ins A2008-37 amdt 1.509\ndef internal review notice ins A2008-37 amdt 1.509\ndef Land Act om A2007-25 amdt 1.201\ndef lease am A2007-25 amdt 1.202\nsub A2015-19 s 134\nam A2023-36 amdt 1.380, amdt 1.381, amdt 1.383\ndef manager ins A2008-45 s 52\nom A2011-41 amdt 5.76\ndef member ins A2011-41 amdt 5.77\ndef mortgage sub A2011-41 amdt 5.78\ndef mortgagee sub A2011-41 amdt 5.78\ndef mortgagee’s representative om A2005-20 amdt 3.455\nins A2011-41 amdt 5.80\ndef mortgagee voting notice om A2011-41 amdt 5.81\ndef mortgage insurance policy om A2011-41 amdt 5.79\ndef ordinary resolution sub A2011-41 amdt 5.82\ndef owners corporation sub A2011-41 amdt 5.82\ndef part-owner sub A2011-41 amdt 5.83\ndef proportional share om A2011-41 amdt 5.84\ndef public place ins A2008-9 s 9\nam A2013-3 amdt 2.40\ndef reduced quorum om A2011-41 amdt 5.84\ndef reduced quorum decision om A2011-41 amdt 5.84\ndef representative om A2011-41 amdt 5.84\ndef reviewable decision sub A2008-37 amdt 1.510\ndef schedule of unit entitlement sub A2005-20 amdt 3.456\ndef schedules of rent and lease provisions ins A2020-4\ns 60\ndef secretary ins A2008-45 s 52\n\ndef service contract ins A2008-45 s 52\ndef service contractor ins A2008-45 s 52\ndef sinking fund om A2011-41 amdt 5.84\ndef sinking fund expenditure ins A2008-45 s 52\ndef sinking fund plan ins A2008-45 s 52\ndef special purpose fund om A2011-41 amdt 5.84\ndef special resolution sub A2011-41 amdt 5.85\ndef standard quorum om A2011-41 amdt 5.86\ndef termination sub A2007-25 amdt 1.203; A2015-19 s 134\nam A2023-36 amdt 1.382\ndef total sinking fund amount om A2011-41 amdt 5.86\ndef treasurer ins A2008-45 s 52\nom A2011-41 amdt 5.86\ndef unanimous resolution sub A2011-41 amdt 5.87\ndef unit owners’ representative om A2005-20 amdt 3.457\ndef units plan sub A2005-20 amdt 3.458\ndef unit title assessment report ins A2010-8 s 21\ndef unit title assessor ins A2010-8 s 21\ndef unit title certificate om A2011-41 amdt 5.88\ndef unopposed resolution sub A2011-41 amdt 5.89\ndef utility services am A2011-41 amdt 5.90; A2023-24 s 19\ndef voting value om A2011-41 amdt 5.91\n\nSome earlier republications were not numbered. The number in column 1 refers to\nthe publication order.\nSince 12 September 2001 every authorised republication has been published in\nelectronic pdf format on the ACT legislation register. A selection of authorised\nrepublications have also been published in printed format. These republications are\nmarked with an asterisk (*) in column 1. Electronic and printed versions of an\nauthorised republication are identical.\nfor\nR1*\n5 Oct 2001\n5 Oct 2001–\n9 Mar 2002\nA2001-58 new Act and\nA2001-44 and\nA2001-56\nR1 (RI)\n5 Oct 2001–\n9 Mar 2002\nA2001-58 reissue for\nretrospective\nR2*\n10 Mar 2002\n10 Mar 2002–\n16 Sept 2002\nA2001-58 amendments by\nA2001-58\nR2 (RI)\n10 Mar 2002–\n16 Sept 2002\nA2001-58 reissue for\nretrospective\n17 Sept 2002–\n5 Apr 2003\nA2002-30 amendments by\n7 Apr 2003\n6 Apr 2003–\nA2002-56 commenced expiry\n1 July 2003–\nA2002-56 amendments by\nA2002-56\n12 May 2005–\nA2005-25 amendments by\nA2005-25\n2 June 2005–\n13 Sept 2005\nA2005-25 amendments by\nA2005-20\nR8*\n14 Sept 2005\n14 Sept 2005–\n15 Nov 2006\nA2005-37 amendments by\nA2005-37\n\nEarlier republications 5\nfor\n16 Nov 2006\n16 Nov 2006–\n30 Mar 2008\nA2006-42 amendments by\nA2006-42\n31 Mar 2008\n31 Mar 2008–\n17 Apr 2008\nA2007-25 amendments by\nA2007-25\n18 Apr 2008\n18 Apr 2008–\n1 Feb 2009\nA2008-9 amendments by\nA2008-9\n2 Feb 2009\n2 Feb 2009–\n30 Mar 2009\nA2008-37 and\n31 Mar 2009\n31 Mar 2009–\n1 July 2009–\n9 Sept 2009\n10 Sept 2009\n10 Sept 2009–\n30 Sept 2009\nR16*\n1 Oct 2009\n1 Oct 2009–\n16 Dec 2009\nA2008-45 commenced expiry\n17 Dec 2009\n17 Dec 2009–\n2 Sept 2010\nA2009-49 amendments by\nA2009-49\n3 Sept 2010\n3 Sept 2010–\n20 Dec 2010\nA2010-24 amendments by\nA2010-8 and\nA2010-24\n21 Dec 2010\n21 Dec 2010–\n31 Mar 2011\nA2010-50 amendments by\nA2010-50\n1 Apr 2011\n1 Apr 2011–\nA2010-50 expiry of provision\n(s 62 (4)-(6))\n1 July 2011–\nA2011-22 amendments by\nA2011-19 and\nA2011-22\n7 July 2011–\n29 Mar 2012\nA2011-23 amendments by\nA2011-23\n\nfor\n30 Mar 2012\n30 Mar 2012–\nA2011-41 relocation of\nprovisions to Civil\nLaw (Property) Act\n2006 and other\nA2011-41\n29 May 2012–\nA2012-23 amendments by\nA2012-23\n22 May 2013–\nA2013-15 amendments by\nA2013-15\nR26*\n1 July 2013–\n31 Mar 2014\nA2013-3 amendments by\nA2013-3\n1 Apr 2014\n1 Apr 2014-\nA2013-3 expiry of\nprovisions (pt 20)\n27 May 2015-\nA2014-23 amendments by\nA2014-23\n1 July 2015–\n3 Sept 2015\nA2015-19 amendments by\nA2015-19\n4 Sept 2015\n4 Sept 2015–\n26 Apr 2016\nA2015-19 expiry of\nprovisions (pt 25)\n27 Apr 2016\n27 Apr 2016–\nA2016-18 amendments by\nA2016-18\n1 June 2020–\n31 Oct 2020\nA2020-16 amendments by\nA2020-16\n1 Nov 2020\n1 Nov 2020–\n1 Nov 2021\nA2020-16 amendments by\nA2020-4\n2 Nov 2021\n2 Nov 2021–\n17 Nov 2021\nA2020-16 expiry of\nprovisions (pt 26)\n18 Nov 2021\n18 Nov 2021–\nA2021-25 amendments by\nA2021-25\n1 July 2023–\n26 Nov 2023\nA2023-24 amendments by\nA2023-24\n\nExpired transitional or validating provisions 6\nfor\n27 Nov 2023\n27 Nov 2023–\n4 Jan 2026\nA2023-36 amendments by\nA2023-36\n6 Expired transitional or validating provisions\nThis Act may be affected by transitional or validating provisions that have expired.\nThe expiry does not affect any continuing operation of the provisions (see\nLegislation Act 2001, s 88 (1)).\nExpired provisions are removed from the republished law when the expiry takes\neffect and are listed in the amendment history using the abbreviation ‘exp’ followed\nby the date of the expiry.\nTo find the expired provisions see the version of this Act before the expiry took\neffect. The ACT legislation register has point-in-time versions of this Act.","sortOrder":98}],"analysis":{"summary":{"name":"Unit Titles Act 2001","slug":"unit-titles-act-2001","title_id":"a-2001-16","version_id":24394,"analysis_type":"summary","content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"Full in-force ACT Act (Revision 38, effective 5 January 2026). Single version in source."},"complexity_factors":["ACT leasehold land tenure system requires understanding of Crown lease framework","Interaction with Unit Titles (Management) Act 2011 which governs ongoing owners corporation management","Class A, class B, and class C unit distinctions affect boundary and liability","Unit title assessor and approval process involves multiple authorities"],"plain_english_summary":"The Unit Titles Act 2001 (ACT) is the ACT's principal statute for the subdivision of land into units (strata title equivalent) and the creation, registration and management of units plans. It operates within the ACT's land tenure system, where land is held under Crown lease rather than freehold.\n\nThe Act governs the full lifecycle of a unit title development: from the initial unit title application (Part 3) and approval by the relevant authority, through registration of the units plan (Part 4), to amendment (Part 10), cancellation (Part 11), and changes to 2-unit plans (Part 11A).\n\nPart 2 sets out key concepts. A parcel is the land proposed to be or already subdivided. Units are the individual lots created by the plan; common property is everything in the parcel not identified as a unit or unit subsidiary. Class A units (typically apartments in a multi-storey building) have boundaries defined by section 14 as running along the centre of floors, walls and ceilings. External walls are bounded under section 15 with the exterior portion being common property.\n\nUnit title applications (Part 3) must show all units, unit subsidiaries, and common property. A unit title assessor prepares a unit title assessment report. Registration of a units plan (Part 4) is effected by the Registrar-General. The owners corporation (defined in the Unit Titles (Management) Act 2011, which deals with the ongoing management of units plans) is established by registration.\n\nThe Act also deals with lease variations (Part 12), expiry and termination of unit leases (Part 13), and provides for notification and review of decisions (Part 14).\n\nThe Act is specific to the ACT land tenure system and must be read alongside the Unit Titles (Management) Act 2011 and the Planning Act 2023 (ACT)."},"kimi_summary":{"_metrics":{"completionTokens":1130},"content_quality":"ok","complexity_score":8,"scope_assessment":{"changed":true,"description":"The Act has grown significantly from its original 2001 form. Major expansions include: staged development provisions (2005), building damage schemes (2005), 2-unit conversion pathway (2008), unit title assessment reports (2010), declared land sublease provisions (2015), building management statements for multi-lease buildings (2020), and integration with the 2023 Planning Act. The original Act was substantially stripped in 2011 when owners corporation management provisions were moved to the separate Unit Titles (Management) Act 2011, but the remaining planning/registration framework has continued expanding."},"complexity_factors":["Extensive cross-referencing to other ACT legislation (Planning Act 2023, Land Titles Act 1925, Unit Titles (Management) Act 2011, Public Unleased Land Act 2013, etc.)","Multiple approval pathways with conditional logic (staged developments, declared land subleases, multi-lease buildings, rural purposes)","Nested definitions and signpost definitions throughout (dictionary references external definitions from at least 5 other Acts)","Complex temporal provisions (3-month validity periods for authorities, 28-day objection periods, working day calculations)","Detailed procedural requirements with multiple decision points (e.g., s 17A has 5 nested subsections for Crown lessee consent with mortgagee involvement)","Overlapping jurisdictions between territory planning authority, ACAT, Supreme Court, and registrar-general","Conditional exceptions to general rules (e.g., s 29(3) allows amendment without unanimous consent if reasonable efforts made and no substantial detriment)","Prescribed zones, prescribed regulations, and criteria-based approvals creating delegated legislative complexity","Transitional provisions and expired provisions in endnotes showing legislative evolution over 25+ amendments"],"plain_english_summary":"**What this Act does**\n\nThis is the ACT's **Unit Titles Act 2001** — the law that governs how land gets subdivided into apartments, townhouses, and other strata-titled properties in Canberra.\n\n**The big picture**\n\nWhen someone wants to build a multi-unit development (like a block of flats), they can't just build and sell individual apartments. The land itself is usually held under a **Crown lease** from the ACT Government. This Act creates a system where that single lease gets carved up into separate **unit leases** — one for each apartment — plus a lease for **common property** (things like hallways, gardens, and driveways).\n\n**Key concepts you need to know**\n\n- **Units plan**: The official document that shows how the building is divided. It includes diagrams, a schedule showing each unit's share of the total value (called **unit entitlement**), and details about rent and lease conditions.\n- **Class A units**: Apartments within buildings — bounded by floors, walls and ceilings (think typical flats).\n- **Class B units**: Land-based units with no height limits — used for things like car parks or storage areas that might be underground or open-air.\n- **Unit subsidiaries**: Extra bits attached to units, like car spaces, storage cages, or courtyards.\n- **Common property**: Everything else — shared areas that all owners collectively own and maintain.\n\n**How a development gets approved**\n\n1. The developer applies to the **territory planning authority** with detailed plans\n2. For some parcels, they need a **unit title assessment report** from a licensed assessor\n3. The authority checks the proposal meets planning rules, building standards, and that units are suitable for separate occupation\n4. If approved, the developer submits a **units plan** for endorsement\n5. Once endorsed, the plan gets registered with the **registrar-general** — and the subdivision legally happens\n\n**What happens after registration**\n\n- The original lease over the whole parcel **ends**\n- New **unit leases** automatically spring up for each owner\n- An **owners corporation** is created to manage common property\n- Owners get **easements** (legal rights) for things like support from neighbouring walls, shelter from eaves, and utility services\n\n**Changing things later**\n\nThe Act allows for:\n- **Amending unit entitlements** if relative values change\n- **Minor boundary changes** between units or with common property\n- **Building damage schemes** when buildings are damaged or destroyed\n- **Cancellation of units plans** — converting everything back to a single parcel (requires unanimous owner agreement or Supreme Court order)\n\n**Special rules for 2-unit developments**\n\nThere's a streamlined process (Part 11A) letting owners of duplex-style developments convert their units plan into a simple subdivision, avoiding some ongoing strata management requirements.\n\n**Who this affects**\n\n- **Developers** building multi-unit housing\n- **Unit owners** buying apartments or townhouses\n- **Owners corporations** managing buildings\n- **Mortgagees** (banks) holding security over units\n- **The ACT Government** as the ultimate landowner under the leasehold system\n\n**Why it matters**\n\nThis Act underpins most residential and commercial strata development in the ACT. It balances individual property rights with collective management needs, and interfaces heavily with planning law, building law, and the Territory's unique leasehold land system."},"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"The Act’s present text extends and operationalises a basic unit-title subdivision scheme in several directions beyond a simple subdivision framework. The republication incorporates provisions addressing declared land subleases and Crown-lessee/mortgagee consent and cost allocation (s 17A, s 167AA), staged developments and securities for unfinished work (s 17(4), s 22, s 24), detailed technical-assessment procedures (div 3.1A, s 22B–22E), explicit linkage to the Planning Act 2023 for development approvals and lease variations (s 17(4) note, s 20(1)(c), s 166), and remedies for building damage and cancellation of units plans with court/tribunal processes (pt 10 div 10.3, pt 11). Those additions expand the Act’s practical scope from purely creating unit titles to managing phased construction, public land encroachments, lease renewal/granting in sublease contexts, and post-registration contingencies (see s 24; s 37A; s 167AA; s 152–159)."},"complexity_factors":["Extensive cross-references to other statutes and management rules (Planning Act 2023, Unit Titles (Management) Act 2011, Land Titles Acts) increasing interpretive complexity (see s 17(4) note, s 20(1)(c), s 33 notes)","Multiple decision-makers and review routes (territory planning authority, unit title assessors, ACAT, Supreme Court) with different powers and thresholds (s 20; div 3.1A; s 153–159; s 161A–161C)","Layered, time-limited authorisations (endorsements, entitlement/boundary/cancellation authorities commonly 3 months) that require coordination of applications and registration steps (s 27–28, s 146–148, s 149–151, s 160–161)","Staged development regime with separate requirements and securities (development statements, bonds, phased endorsements) adding procedural and financial steps (s 17(4), s 22, s 24, s 27)","Technical requirements from third-party providers (unit title assessors, registered surveyors, certificates of occupancy) and prescribed content for reports and plans (s 17(5), s 22B, s 22D)","Multiple pathways for altering plans after registration (unit entitlement authorities, boundary authorities, building damage orders, cancellation) each with distinct consent/voting rules referenced to owners corporation governance (s 146–159, pt 11)","Easement creation and annexation rules that automatically bind estates on registration and affect property rights and maintenance obligations (s 34–36)","Special rules for land under declared land subleases that add consent and cost-allocation steps involving Crown lessees and mortgagees (s 17A, s 167AA)"],"plain_english_summary":"What this law does, in plain terms\n\n- This Act sets out how land in the Australian Capital Territory can be split into ‘‘unit titles’’ — separate leasehold units (like apartments or shop lots), associated unit subsidiaries (for example garages or separate buildings), and common property (shared parts such as corridors, gardens or driveways). On registration of a units plan the original lease is ended and separate leases arise for each unit and for the common property (see s 7, s 9, s 13, s 33).\n\n- It establishes the documents and steps required to get from a proposal to a registered units plan: what must be shown on an application, the technical plans and surveys, unit entitlement calculations (how the total value is split between units), and the schedules of rent and lease provisions (see s 17, s 7, s 8, s 23).\n\n- The territory planning authority decides whether to approve an application and may set or change aspects of the proposal before registration (including reasonable rent, development statements for staged developments, and the schedule of unit entitlement). The authority can refuse where the application does not meet the Act’s requirements (see s 20, s 21, s 22, s 27).\n\n- The Act creates processes for risk management and uncertainty around incomplete or phased works: the authority may require a bond (security) from the lessee for unfinished staged development works (s 24) and many approvals or authorisations (unit entitlement, boundary, cancellation) are time-limited unless registered (commonly 3 months — see s 24, s 146–148, s 149–151, s 160–161, s 28).\n\n- Registration converts the proposal into legal subdivision. Registration creates individual unit leases and a lease for common property; it also automatically creates certain easements (rights for support, access, utilities) needed for reasonable use and enjoyment of units (see s 32–35). Owners corporations (the management body for the units) are created and handled by the Unit Titles (Management) Act 2011 (see note to s 33).\n\n- The Act regulates later changes to a units plan: minor boundary changes, amendments to the schedule of unit entitlement, building-damage schemes (where damaged buildings are reinstated or a unit is removed), cancellations of units plans, and the expiry or termination of unit leases. It sets who must consent and the voting/decision thresholds required to start those processes (see pt 10, div 10.1–10.3; pt 11; pt 13).\n\n- It also builds in review and dispute routes: internal review by a reviewer nominated by the territory planning authority (pt 14), and external review/decisions by ACAT or the Supreme Court for particular matters (for example building-damage orders, cancellation orders — see s 153–159, s 161A).\n\nWho this affects and who pays\n\n- Developers and lessees who apply to subdivide a parcel are the primary actors required to prepare and lodge applications and technical materials (plans, surveys, unit title assessment reports and certificates of occupancy) (see s 17(5), s 22B, s 19A).\n\n- Applicants bear the compliance costs of preparing plans, assessment reports and any extra material asked for by assessors or the authority (see s 22B–22E, s 22F–22G). If the parcel is under a declared land sublease, the sublessee must pay reasonable costs of the Crown lessee (and mortgagee, if involved) in deciding whether to consent (s 17A(3)(e)).\n\n- The territory may require a security bond from the lessee to guarantee completion of staged development works (s 24). The Minister may set statutory fees for processes under the Act (s 179). The rent reserved for common property is set at a nominal 5 cents per year (s 25).\n\nHow it works mechanically (decision-making, incentives, constraints)\n\n- Approval gatekeeper: the territory planning authority must be satisfied that applications meet the Act’s formal and planning requirements, that each unit is suitable for separate occupation, uses are permitted under the parcel lease and any relevant development approval, and that the schedule of unit entitlement is reasonable (s 20). The authority has express powers to refuse where these tests fail (s 20(1)–(7)).\n\n- Information and timing: where regulations or the authority require an up-to-date unit title assessment report, certificate of occupancy, or other documents, the applicant must provide them or the authority may refuse (s 17(5), s 19A, s 20(7)). Authorities and assessors may request further information with at least 20 working days to respond (s 22D(3), s 22G(2)).\n\n- Temporary authorities and lapsing: many authorisations (endorsements, entitlement or boundary authorities, cancellation authorities) are limited in time and must be registered within their period of effect (commonly 3 months) or they lapse (s 27–28, s 146–148, s 149–151, s 160–161). This creates a time pressure to meet registration formalities.\n\n- Rights and obligations on registration: registration creates individual leases and easements, and establishes an owners corporation that holds the common-property lease and performs management functions under separate management law (s 33, s 35 and related notes). Where a unit’s lease ends or is terminated, the Act prescribes what happens to unit entitlements, easements and new leases (s 170–172).\n\nFormal review and dispute channels\n\n- The Act prescribes an internal objection and review procedure for a defined set of administrative decisions (pt 14, sch 1). After internal review, parties may apply to ACAT for review of the reviewer’s decision (s 177A).\n\n- For some high-stakes matters (cancellation of a units plan, final building damage orders that change the units plan permanently), the Supreme Court or ACAT have defined roles and powers (s 153–159, s 161A–161C). The Act lists who has a right to appear in these proceedings (owners corporation, unit owners, insurers, director-general) (s 153(1), s 161D).\n\nWhy this matters (mechanisms, incentives and trade-offs)\n\n- It transforms a single lease over a parcel into multiple separate leasehold estates on registration, enabling individual sale or mortgage of units (see s 33). That is the primary benefit targeted by the law: to convert a parcel into individually marketable units subject to shared management rules.\n\n- The Act centralises approval power with the territory planning authority (s 20) and creates time-limited authorisations and registration steps (s 27–28, s 146–151, s 160–161). This concentrates regulatory discretion at stages that determine whether a development becomes a units plan, and when changes can lawfully take effect.\n\n- Compliance costs and timing burdens fall primarily on applicants/developers and lessees: preparing up-to-date technical reports, surveys, certificates, meeting conditions for staged developments, and providing any required bonds or security (s 17(5), s 22B–22G, s 24). If the Crown lessee or its mortgagee must be consulted, the applicant also pays those reasonable costs (s 17A(3)(e)).\n\n- Decision thresholds for later changes (unit-entitlement amendments, boundary changes, cancellations) rely on different voting or resolution standards (special resolution, unanimous resolution or ordinary resolution, as cross-referenced to the Unit Titles (Management) Act 2011) and on the authority’s factual judgments about long-term values and amenity impacts (see s 146(2), s 149(2), s 160(3)). These rules allocate decision power among owners and the authority and affect whether proposed changes proceed.\n\n- The Act builds in multiple procedural safeguards (information requirements, rights to appear, internal and tribunal/court review routes) which create administrative and legal compliance costs but provide structured recourse for those affected (pt 14, s 153–159, s 161A–161C).\n\nConcrete trade-offs and implementation risks\n\n- Time limits on endorsements and authorities (commonly 3 months) create a risk that formal registration will not be completed in time and the endorsement or authority will lapse, requiring repeat steps (s 28, s 147(1), s 150(1), s 161(1)).\n\n- The authority’s discretion to amend development statements before approval (s 22) or to require bonds (s 24) shifts some planning and cost risk from the public to the lessee/applicant, while the authority retains latitude to intervene for amenity or public-safety reasons (s 22, s 20(1)(e)).\n\n- Where land is under a declared land sublease, the Act inserts additional consent steps and cost obligations involving Crown lessees and mortgagees, adding procedural complexity and potential cost to sublessees (s 17A).\n\nKey sections to consult quickly\n\n- What must be on an application: s 17 (general requirements), s 19 (unit subsidiaries), s 19A (certificates of occupancy)\n- Approval tests and authority powers: s 20–22\n- Endorsement and registration effects (creation of unit leases): s 27–33\n- Easements created on registration: s 34–36\n- Bonds/security for staged development: s 24\n- Amendment processes (entitlement, boundaries, building damage): pt 10 (esp. s 146–159)\n- Cancellation and effects of cancellation: pt 11 (esp. s 160–165)\n- Review and objection procedures: pt 14 and schedule 1\n- Fees and forms: s 179–180\n\nOverall, the Act provides a step-by-step legal framework that converts a single leasehold parcel into individually leased units and an owners corporation, regulates the information and approvals needed, defines what rights (including easements) arise on registration, and prescribes processes for later amendment, dispute and termination. It places the main compliance and financial burdens on the applicant/lessee, reserves substantial decision-making discretion to the territory planning authority, and establishes procedural safeguards and time-limited authorities that structure when and how changes become legally effective."}},"importantCases":[],"_links":{"self":"/api/acts/unit-titles-act-2001","history":"/api/acts/unit-titles-act-2001/history","analysis":"/api/acts/unit-titles-act-2001/analysis","conflicts":"/api/acts/unit-titles-act-2001/conflicts","importantCases":"/api/acts/unit-titles-act-2001/important-cases","documents":"/api/acts/unit-titles-act-2001/documents"}}