{"id":"sl-2001-15","name":"Unit Titles Regulation 2001","slug":"unit-titles-regulation-2001","collection":"regulation","jurisdiction":"act","status":"in_force","isInForce":true,"actNumber":"15 of 2001","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":173872,"registerId":"act-sl-2001-15-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Unit Titles Regulation 2001","content":"Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nUnit Titles Regulation 2001\nSL2001-15\nmade under the\nUnit Titles Act 2001\nRepublication No 21\nEffective: 27 November 2023\nRepublication date: 27 November 2023\nLast amendment made by A2023-36\n\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAbout this republication\nThe republished law\nThis is a republication of the Unit Titles Regulation 2001, made under the Unit Titles Act 2001\n(including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes))\nas in force on 27 November 2023. It also includes any commencement, amendment, repeal or\nexpiry affecting this republished law to 27 November 2023.\nThe legislation history and amendment history of the republished law are set out in endnotes 3\nand 4.\nKinds of republications\nThe Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT\nlegislation register at www.legislation.act.gov.au):\n• authorised republications to which the Legislation Act 2001 applies\n• unauthorised republications.\nThe status of this republication appears on the bottom of each page.\nEditorial changes\nThe Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial\namendments and other changes of a formal nature when preparing a law for republication.\nEditorial changes do not change the effect of the law, but have effect as if they had been made by\nan Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The\nchanges are made if the Parliamentary Counsel considers they are desirable to bring the law into\nline, or more closely into line, with current legislative drafting practice.\nThis republication does not include amendments made under part 11.3 (see endnote 1).\nUncommenced provisions and amendments\nIf a provision of the republished law has not commenced, the symbol U appears immediately\nbefore the provision heading. Any uncommenced amendments that affect this republished law\nare accessible on the ACT legislation register (www.legislation.act.gov.au). For more\ninformation, see the home page for this law on the register.\nModifications\nIf a provision of the republished law is affected by a current modification, the\nsymbol M appears immediately before the provision heading. The text of the modifying\nprovision appears in the endnotes. For the legal status of modifications, see the Legislation\nAct 2001, section 95.\nPenalties\nAt the republication date, the value of a penalty unit for an offence against this law is $160 for an\nindividual and $810 for a corporation (see Legislation Act 2001, s 133).\n\nR21\n27/11/23\nUnit Titles Regulation 2001\nEffective: 27/11/23\ncontents 1\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nUnit Titles Regulation 2001\nmade under the\nUnit Titles Act 2001\nContents\nPage\nPart 1 Preliminary\n1 Name of regulation 2\n1A Dictionary 2\nPart 2 Unit title applications\nDivision 2.1A Unit title assessment report\n2 Definitions—div 2.1A 3\n2A Prescription of parcel—Act, s 17 (5) (a) 3\n2B Unit title assessment report application—Act, s 22B (2) 4\n2C Offence—false or misleading information in application 4\n2D Unit title assessment report—contents—Act, s 22B (5) (a) 5\n\nContents\nPage\ncontents 2 Unit Titles Regulation 2001\nEffective: 27/11/23\nR21\n27/11/23\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n2E Unit title assessment report—accompanying material—\nAct, s 22B (5) (b) 8\n2F Offence—preparing false or misleading unit title assessment report 10\n2G Offence—providing false or misleading unit title assessment report in\napplication for unit title 12\nDivision 2.1 Unit subsidiaries\n3 Permissible unit subsidiaries—Act, s 19 13\nDivision 2.2 Detailed requirements\n4 Uncovered balconies and stairways 14\n5 Diagrams—manner of subdivision 15\n6 Boundary diagrams 15\n7 Schedule of unit entitlement and rent 17\nDivision 2.3 Development statements\n8 Staged developments—development statements—Act s 17 (4) 17\nDivision 2.3A Prescribed zones\n8A Unit title applications—prescribed zones—Act, s 20 (10),\ndef prescribed zone 19\nDivision 2.4 Approval of units plans\n9 Endorsement of units plans—Act, s 27 (2) 20\nDivision 2.5 Attachments\n10 Attachment—Act, dict, def attachment, par (c) 21\nDictionary 22\nEndnotes\n1 About the endnotes 24\n2 Abbreviation key 24\n3 Legislation history 25\n4 Amendment history 28\n5 Earlier republications 32\n\nR21\n27/11/23\nUnit Titles Regulation 2001\nEffective: 27/11/23\npage 1\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nUnit Titles Regulation 2001\nmade under the\nUnit Titles Act 2001\n\nPart 1 Preliminary\nSection 1\npage 2 Unit Titles Regulation 2001\nEffective: 27/11/23\nR21\n27/11/23\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 1 Preliminary\n1 Name of regulation\nThis regulation is the Unit Titles Regulation 2001.\n1A Dictionary\nThe dictionary at the end of this regulation is part of this regulation.\nNote 1 The dictionary at the end of this regulation defines certain terms used in\nthis regulation, and includes references (signpost definitions) to other\nterms defined elsewhere.\nFor example, the signpost definition ‘approved plans—see the Building\nAct 2004, dictionary.’ means that the term ‘approved plans’ is defined\nin that dictionary and the definition applies to this regulation.\nNote 2 A definition in the dictionary (including a signpost definition) applies to\nthe entire regulation unless the definition, or another provision of the\nregulation, provides otherwise or the contrary intention otherwise appears\n(see Legislation Act, s 155 and s 156 (1)).\n\nUnit title applications Part 2\nUnit title assessment report Division 2.1A\nSection 2\nR21\n27/11/23\nUnit Titles Regulation 2001\nEffective: 27/11/23\npage 3\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 2 Unit title applications\nDivision 2.1A Unit title assessment report\n2 Definitions—div 2.1A\nIn this division:\nplanning documents, for a parcel, means—\n(a) the approved plans; and\n(b) for a development under the Planning Act 2023—a notice of\ndecision given under that Act, division 7.6.2; and\n(c) for a development under a planning and development law in\nforce in the ACT before the commencement of the Planning Act\n2023—an approval given under the law previously in force; and\n(d) for works in a designated area under the Australian Capital\nTerritory (Planning and Land Management) Act 1988\n(Cwlth)—\n(i) a copy of the proposal to perform works submitted to the\nNational Capital Authority; and\n(ii) the plans and specifications (if any) required by the\nNational Capital Authority; and\n(iii) a copy of the approval for the works given by the National\nCapital Authority.\nrelevant development approval, for a parcel, means the planning\ndocuments that show the approval status of development on the parcel\nimmediately before the unit title application is made.\n2A Prescription of parcel—Act, s 17 (5) (a)\nA parcel under the Act, section 5 (a) is prescribed.\n\nPart 2 Unit title applications\nDivision 2.1A Unit title assessment report\nSection 2B\npage 4 Unit Titles Regulation 2001\nEffective: 27/11/23\nR21\n27/11/23\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n2B Unit title assessment report application—Act, s 22B (2)\nThe following details and material are prescribed:\n(a) in relation to the parcel—\n(i) the block and section number and division; and\n(ii) the street name and number; and\n(iii) if the parcel is land under a declared land sublease—the\nsublease plan number;\n(b) in relation to the applicant—\n(i) if the applicant is an entity—the full name of the entity;\nand\n(ii) if the applicant is a company—the company name and the\nAustralian Company Number (ACN); and\n(iii) the postal and email address; and\n(iv) the contact telephone and facsimile numbers;\n(c) the number of class A or class B units applied for;\n(d) the proposed commencement and completion dates of the\ndevelopment;\n(e) if the application is in relation to a staged development—a\nschedule of commencement and completion dates for each\nstage;\n(f) a copy of the relevant development approval for the parcel;\n(g) the applicant’s signature.\n2C Offence—false or misleading information in application\nA person commits an offence if—\n(a) the person applies for a unit title assessment report; and\n\nUnit title applications Part 2\nUnit title assessment report Division 2.1A\nSection 2D\nR21\n27/11/23\nUnit Titles Regulation 2001\nEffective: 27/11/23\npage 5\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(b) the application—\n(i) includes information that is false or misleading; or\n(ii) omits something without which the information is false or\nmisleading; and\n(c) the person knows, or is reckless as to whether, the application—\n(i) includes information that is false or misleading; or\n(ii) omits something without which the information is false or\nmisleading.\nMaximum penalty: 60 penalty units.\n2D Unit title assessment report—contents—Act, s 22B (5) (a)\n(1) The following contents of a unit title assessment report are\nprescribed:\n(a) the block and section number, street name and number of the\nparcel to be subdivided;\n(b) if the parcel is in a district—\n(i) that is divided into divisions—the division name; or\n(ii) that is not divided into divisions—the district name;\n(c) if the parcel is land under a declared land sublease—the sublease\nplan number;\n(d) the following particulars of the unit title assessor:\n(i) the full name, postal, email, fax and telephone contact\ndetails;\n(ii) the licence number;\n(iii) if the unit title assessor is a company—the company’s\nACN;\n(e) the date the report is prepared;\n\nPart 2 Unit title applications\nDivision 2.1A Unit title assessment report\nSection 2D\npage 6 Unit Titles Regulation 2001\nEffective: 27/11/23\nR21\n27/11/23\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(f) the signature of the unit title assessor or, if the assessor is not a\nnatural person, the signature of the assessor’s nominee under the\nConstruction Occupations (Licensing) Regulation 2004,\nsection 15 (2);\n(g) the date of each site inspection conducted by the unit title\nassessor;\n(h) a statement by the unit title assessor that—\n(i) the assessor has conducted a site inspection; and\n(ii) the development is complete;\n(i) a statement by the unit title assessor that the unit entitlements\nshown on the certification of unit entitlements are the same as\nthose shown on the schedule of unit entitlement form and that\nthe total number of unit entitlements shown on the form is 10,\n100, 1 000, 10 000 or 100 000;\n(j) if the relevant development approval for the parcel includes a\ncondition in relation to the completed development—an\nassessment of whether the condition has been complied with;\n(k) if the landscape plans form part of the relevant development\napproval—a statement by the unit title assessor that the\nlandscaping has been inspected and complies with the relevant\ndevelopment approval;\n(l) an assessment based on a site inspection of the extent to which\nthe development is consistent with the site plan and floor plan\nfor the parcel in relation to the following:\n(i) the position of the boundary of—\n(A) the parcel; and\n(B) a unit; and\n(C) a non-adjoining unit subsidiary; and\n(D) the common property;\n\nUnit title applications Part 2\nUnit title assessment report Division 2.1A\nSection 2D\nR21\n27/11/23\nUnit Titles Regulation 2001\nEffective: 27/11/23\npage 7\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(ii) the footprint of any building on the parcel, including the\nfootprint of—\n(A) any building within each unit boundary; and\n(B) any building within 1 metre of the boundary of the\nparcel;\n(iii) the position of boundary fences and boundary walls;\n(iv) the number of each unit and each non-adjoining unit\nsubsidiary, allocated car park and storage cage, taking\naccount of an address schedule for the parcel (if any);\n(m) an assessment based on a site inspection of the extent to which\nthe development is consistent with the relevant development\napproval for the parcel in relation to the following:\n(i) the number of units in the development;\n(ii) the position of a retaining wall, courtyard wall, boundary\nfence, fence within a unit, car parking space, access ramp,\ncarport, garage, bicycle parking space, storage cage,\ngarbage enclosure, letterbox, water tank or lighting that is\nshown on a plan that forms part of the development\napproval;\n(n) an assessment based on a site inspection of the extent to which\neach unit and unit subsidiary has access to common property\nwithout requiring access through another unit or unit subsidiary;\n(o) a statement by the unit title assessor that—\n(i) there is a letter box—\n(A) for a units plan that comprises 3 or more units used\nfor residential purposes—for each unit and for the\nowners corporation; and\n(B) for a units plan that comprises less than 3 units used\nfor residential purposes—for each unit; and\n\nPart 2 Unit title applications\nDivision 2.1A Unit title assessment report\nSection 2E\npage 8 Unit Titles Regulation 2001\nEffective: 27/11/23\nR21\n27/11/23\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(C) for a units plan that comprises units used for\ncommercial purposes—for the owners corporation;\nand\n(D) for a units plan that comprises units used for\nresidential purposes and units used for commercial\npurposes—for each unit used for a residential purpose\nand for the owners corporation; and\n(ii) the numbers on the letter boxes correspond to the numbers\nfor the units, taking account of an address schedule for the\nparcel (if any).\nNote 1 If a unit title assessor contravenes an applicable code of practice the unit\ntitle assessor commits an offence—see the Construction Occupations\n(Licensing) Act 2004, s 87.\nNote 2 If a form is approved under the Act, s 180 for this provision, the form\nmust be used.\n(2) If the unit title assessment report is in relation to a stage of a staged\ndevelopment, the unit title assessor need only report on those matters\nmentioned in subsection (1) that relate to the stage.\n(3) In this section:\ndistrict—see the Districts Act 2002, dictionary.\nfootprint, of a building on a parcel, means the part of the parcel\ncovered by the extremities of the building at or projected to ground\nlevel.\nstage, of a development, means a stage identified in the development\nstatement.\n2E Unit title assessment report—accompanying material—\nAct, s 22B (5) (b)\n(1) The following accompanying material is prescribed:\n(a) the relevant development approval;\n\nUnit title applications Part 2\nUnit title assessment report Division 2.1A\nSection 2E\nR21\n27/11/23\nUnit Titles Regulation 2001\nEffective: 27/11/23\npage 9\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(b) a certification of unit entitlements for the parcel that is not more\nthan 3 months old;\n(c) a completed schedule of unit entitlement form for the parcel that\nis not more than 3 months old;\n(d) a site plan for the parcel that is not more than 3 months old;\n(e) a floor plan for the parcel that is not more than 3 months old;\n(f) a completed registered surveyor’s declaration form for the\nparcel that is not more than 3 months old;\n(g) a certificate (a fitness for unit title certificate) that—\n(i) is not more than 3 months old; and\n(ii) is issued by an eligible building surveyor; and\n(iii) certifies that each proposed unit in the parcel is suitable for\nseparate occupation;\n(h) certification by a registered surveyor, not more than 3 months\nold, that any structure not shown on the site plan or floor plan\ndoes not encroach on any of the following:\n(i) the parcel boundary;\n(ii) a unit boundary;\n(iii) a unit subsidiary;\n(iv) the common property;\n(i) if an attachment is allowed to encroach on leased or unleased\nTerritory land, certification by a registered surveyor—\n(i) that is not more than 3 months old; and\n(ii) that the encroachment is allowed under the Act and the\nrelevant development approval for the parcel; and\n(iii) that the attachment complies with the approval based on a\nsite inspection; and\n\nPart 2 Unit title applications\nDivision 2.1A Unit title assessment report\nSection 2F\npage 10 Unit Titles Regulation 2001\nEffective: 27/11/23\nR21\n27/11/23\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(iv) for leased land—that includes the Land Titles Office\ndealing number of the registered transfer and grant of the\neasement;\nNote Attachment—see the Act, dictionary.\n(j) if the parcel is land under a declared land sublease—a plan\nshowing the location of utility services on the land and\neasements benefitting and burdening the land;\n(k) any other further information obtained by the unit title assessor\nunder the Act, section 22C.\n(2) In this section:\neligible building surveyor means a building surveyor who would be\neligible to be appointed as a building certifier of the building if the\nbuilding were to be built when the fitness for unit title certificate is\ngiven.\nregistered surveyor’s declaration form means the surveyor’s\ndeclaration form approved under the Land Titles Act 1925,\nsection 140.\n2F Offence—preparing false or misleading unit title\nassessment report\n(1) A unit title assessor commits an offence if—\n(a) the unit title assessor prepares a unit title assessment report; and\n(b) the report—\n(i) is false or misleading; or\n(ii) omits something without which the report is false or\nmisleading; and\n(c) the person knows, or is reckless as to whether the report—\n(i) is false or misleading; or\n\nUnit title applications Part 2\nUnit title assessment report Division 2.1A\nSection 2F\nR21\n27/11/23\nUnit Titles Regulation 2001\nEffective: 27/11/23\npage 11\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(ii) omits something without which the report is false or\nmisleading.\nMaximum penalty: 60 penalty units.\n(2) Each partner of a unit title assessor commits an offence if—\n(a) the unit title assessor prepares a unit title assessment report; and\n(b) the report—\n(i) is false or misleading; or\n(ii) omits something without which the report is false or\nmisleading; and\n(c) the partner, or one of the partners, knows, or is reckless as to\nwhether—\n(i) the report is false or misleading; or\n(ii) omits something without which the report is false or\nmisleading.\nMaximum penalty: 60 penalty units.\n(3) It is a defence to a prosecution for an offence against subsection (2)\nif the partner proves—\n(a) that—\n(i) the partner did not know about the false or misleading\nreport; and\n(ii) reasonable precautions were taken and appropriate\ndiligence was exercised to avoid the preparation of a false\nor misleading report; or\n(b) that the partner was not in a position to influence the other\npartners in relation to the preparation of the report.\n\nPart 2 Unit title applications\nDivision 2.1A Unit title assessment report\nSection 2G\npage 12 Unit Titles Regulation 2001\nEffective: 27/11/23\nR21\n27/11/23\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n2G Offence—providing false or misleading unit title\nassessment report in application for unit title\n(1) A person commits an offence if—\n(a) the person applies for the subdivision of a parcel under the Act,\nsection 17; and\n(b) the person provides a unit title assessment report as part of the\napplication; and\n(c) the report—\n(i) is false or misleading; or\n(ii) omits something without which the report is false or\nmisleading; and\n(d) the person knows, or is reckless as to whether the report—\n(i) is false or misleading; or\n(ii) omits something without which the report is false or\nmisleading.\nMaximum penalty: 60 penalty units.\n(2) Each partner of a partnership commits an offence if—\n(a) the partnership applies for the subdivision of a parcel under the\nAct, section 17; and\n(b) the partnership provides a unit title assessment report as part of\nthe application; and\n(c) the report—\n(i) is false or misleading; or\n(ii) omits something without which the report is false or\nmisleading; and\n\nUnit title applications Part 2\nUnit subsidiaries Division 2.1\nSection 3\nR21\n27/11/23\nUnit Titles Regulation 2001\nEffective: 27/11/23\npage 13\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(d) the partner or one of the partners knows, or is reckless as to\nwhether the report—\n(i) is false or misleading; or\n(ii) omits something without which the report is false or\nmisleading.\nMaximum penalty: 60 penalty units.\n(3) It is a defence to a prosecution for an offence against subsection (2)\nif the partner proves—\n(a) that—\n(i) the partner did not know about the false or misleading\nreport; and\n(ii) reasonable precautions were taken and appropriate\ndiligence was exercised to avoid the provision of a false or\nmisleading report; or\n(b) that the partner was not in a position to influence the other\npartners in relation to the provision of the report.\nDivision 2.1 Unit subsidiaries\n3 Permissible unit subsidiaries—Act, s 19\n(1) A unit title application may show as a unit subsidiary a part of the\nrelevant parcel—\n(a) that is a building, or part of a building, consisting of any of the\nfollowing:\n(i) balcony;\n(ii) corridor;\n(iii) garage or carport;\n(iv) gazebo;\n\nPart 2 Unit title applications\nDivision 2.2 Detailed requirements\nSection 4\npage 14 Unit Titles Regulation 2001\nEffective: 27/11/23\nR21\n27/11/23\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(v) laundry;\n(vi) pergola;\n(vii) porch;\n(viii) stairway;\n(ix) shed;\n(x) storeroom;\n(xi) utility room;\n(xii) verandah;\n(xiii) any other part of the parcel approved by the territory\nplanning authority under subsection (2); or\n(b) that is suitable for 1 or more of the following purposes:\n(i) a garden, lawn or yard;\n(ii) a carspace or parking area;\n(iii) a recreation area;\n(iv) any other purpose approved by the territory planning\nauthority under subsection (2).\n(2) When approving a unit title application under the Act, section 20, the\nterritory planning authority may approve a part of the parcel for\nparagraph (a) (xiii) or a purpose for paragraph (b) (iv).\nDivision 2.2 Detailed requirements\n4 Uncovered balconies and stairways\n(1) A unit title application for the subdivision of a parcel under a units\nplan with class A units must show an uncovered balcony or uncovered\nstairway as a unit subsidiary or as common property.\n\nUnit title applications Part 2\nDetailed requirements Division 2.2\nSection 5\nR21\n27/11/23\nUnit Titles Regulation 2001\nEffective: 27/11/23\npage 15\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(2) A unit title application for the subdivision of a parcel under a units\nplan with class B units may show an uncovered balcony or uncovered\nstairway as part of a class B unit, as a unit subsidiary or as common\nproperty.\n5 Diagrams—manner of subdivision\nA unit title application must be accompanied by diagrams showing\nhow the parcel is to be subdivided, including the following details:\n(a) the classification of the units as class A or class B units;\n(b) any unit subsidiary or subsidiaries annexed to each unit;\n(c) the number of each unit;\n(d) the number of each unit subsidiary, consisting of the letter S\nfollowed by the number of the unit to which the unit subsidiary\nis annexed, followed by any further number necessary to\ndistinguish the subsidiary from any other subsidiaries annexed\nto that unit;\n(e) if the proposals provide for a class B unit, or a unit subsidiary\nother than a subsidiary that is a building or a part of a building,\nwith a projection above or below ground level by another part\nof the parcel—\n(i) a statement to the effect that the unit or subsidiary is limited\nin its vertical dimensions by such a projection; and\n(ii) a statement of the nature of that projection.\n6 Boundary diagrams\n(1) A unit title application must be accompanied by the following\ndiagrams:\n(a) a boundary diagram showing the following and their\nrelationship to each other:\n(i) the boundaries of the parcel;\n\nPart 2 Unit title applications\nDivision 2.2 Detailed requirements\nSection 6\npage 16 Unit Titles Regulation 2001\nEffective: 27/11/23\nR21\n27/11/23\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(ii) the extremities of each building on the parcel at (or\nprojected to) ground level;\n(iii) the boundaries of any class B units;\n(b) if the parcel is land under a declared land sublease—a boundary\ndiagram of the Crown lease under which the declared land\nsublease is granted showing the boundaries of the Crown lease\nand the parcel;\n(c) if the application provides for a building to be subdivided so that\nany class A unit is completely or partly above another class A\nunit, a separate diagram for each floor of the building showing—\n(i) sufficient particulars, at floor level, to allow the vertical\nboundaries of each unit on that floor to be worked out\n(without necessarily stating any bearings or dimensions);\nand\n(ii) the approximate area of each unit;\n(d) if the application provides for a building to be subdivided into\nclass A units otherwise than as mentioned in paragraph (c), a\ndiagram showing—\n(i) sufficient details, at floor level, to allow the vertical\nboundaries of each unit on that floor to be worked out\n(without necessarily stating any bearings or dimensions);\nand\n(ii) the approximate area of each unit.\n(2) The diagrams mentioned in subsection (1) (a) and (d) may be\ncombined.\n(3) The diagrams required by this section must also show—\n(a) any unit subsidiary consisting of a building or part of a building\nas if the subsidiary were a class A unit; and\n\nUnit title applications Part 2\nDevelopment statements Division 2.3\nSection 7\nR21\n27/11/23\nUnit Titles Regulation 2001\nEffective: 27/11/23\npage 17\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(b) any other unit subsidiary as if the subsidiary were a class B unit;\nand\n(c) the position of boundary fences and boundary walls; and\n(d) the nature and extent of any encroachments, whether on leased\nland or unleased land, and their relationship to the parcel or unit\nboundary, including—\n(A) whether the encroachment is for use with a unit or the\ncommon property; and\n(B) if the encroachment is for use with a unit—the unit to\nwhich the encroachment relates; and\n(e) the site and nature of any existing or proposed easements\naffecting the parcel.\n7 Schedule of unit entitlement and rent\nA unit title application must be accompanied by a schedule stating the\nfollowing:\n(a) the proposed unit entitlement for each unit as a whole number;\n(b) a total proposed unit entitlement of 10, 100, 1 000, 10 000 or\n100 000;\n(c) the rent (however expressed) proposed to be reserved under the\nlease of each unit.\nDivision 2.3 Development statements\n8 Staged developments—development statements—Act\ns 17 (4)\n(1) A development statement must—\n(a) include a description of the land consisting of the parcel; and\n\nPart 2 Unit title applications\nDivision 2.3 Development statements\nSection 8\npage 18 Unit Titles Regulation 2001\nEffective: 27/11/23\nR21\n27/11/23\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(b) include a copy of the plans relating to the development, and any\namendment of the plans, as approved in the development\napproval under the Planning Act 2023, chapter 7; and\n(c) state how the staged development is to be carried out,\nincluding—\n(i) a description of the work (including common property\namenities) to be completed in each stage of the\ndevelopment; and\n(ii) a schedule of commencement and completion dates for\neach stage; and\n(iii) the arrangements for access to the parcel during the\ndevelopment; and\n(iv) the permitted uses of the common property during the\ndevelopment; and\n(v) landscaping of the parcel; and\n(d) state that the developer must pay the reasonable expenses\nincurred by the owners corporation—\n(i) in repairing any damage to the common property, or to\nunits, in the completed stages of the development that is\ncaused in carrying out the development; and\n(ii) for any water, sewerage, drainage, gas, electricity, oil,\ngarbage, conditioned air or telephone service used in\ncarrying out the development; and\n(e) state that the developer must make good, as soon as practicable,\nany damage to the common property or units in the completed\nstages of the development caused in carrying out the\ndevelopment; and\n\nUnit title applications Part 2\nPrescribed zones Division 2.3A\nSection 8A\nR21\n27/11/23\nUnit Titles Regulation 2001\nEffective: 27/11/23\npage 19\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(f) state that the standard of materials used, finishes effected,\ncommon property improvements, landscaping, roadways and\npaths to be carried out in the development must not be inferior\nto or substantially different from those of the buildings and other\nworks in the completed stages of the development; and\n(g) include a requirement that after the completion of any stated\nstages of the development, and after the completion of the entire\ndevelopment, the territory planning authority must be provided\nwith a report by a registered surveyor about the position of fully\nor partially completed buildings in relation to the boundaries of\nthe units and of the parcel.\nNote If a form is approved under the Act, s 180 for a report by a\nregistered surveyor under par (g), the form must be used.\n(2) The development statement may apportion the liability for expenses\nfor the use or maintenance of the common property of the staged\ndevelopment differently from the way that liability would otherwise\nbe apportioned by the schedule of unit entitlement.\n(3) An apportionment under subsection (2) has effect despite the current\nschedule of unit entitlement, but does not apply to any liability for the\nuse or maintenance of the common property after the development is\ncompleted.\nNote If a form is approved under the Act, s 180 for a development statement,\nthe form must be used.\nDivision 2.3A Prescribed zones\n8A Unit title applications—prescribed zones—Act, s 20 (10),\ndef prescribed zone\nThe following zones are prescribed:\n(a) RZ1 Suburban Zone;\n(b) RZ2 Suburban Core Zone;\n\nPart 2 Unit title applications\nDivision 2.4 Approval of units plans\nSection 9\npage 20 Unit Titles Regulation 2001\nEffective: 27/11/23\nR21\n27/11/23\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(c) RZ3 Urban Residential Zone;\n(d) RZ4 Medium Density Residential Zone;\n(e) RZ5 High Density Residential Zone;\n(f) IZ1 General Industrial Zone;\n(g) IZ2 Business Zone.\nDivision 2.4 Approval of units plans\n9 Endorsement of units plans—Act, s 27 (2)\n(1) If the territory planning authority approves a unit title application, the\nauthority must—\n(a) make, on the approved form, an endorsement that the documents\nthat are to form the units plan are approved under this Act as the\nunits plan for the subdivision of the parcel; and\n(b) date the endorsement.\n(2) The boundary diagram that is to form part of the units plan must be\nendorsed with (or accompanied by) a certificate by a registered\nsurveyor in the approved form.\n(3) In this section:\napproved form means the form approved under the Land Titles\nAct 1925 for an application for registration of a units plan.\n\nUnit title applications Part 2\nAttachments Division 2.5\nSection 10\nR21\n27/11/23\nUnit Titles Regulation 2001\nEffective: 27/11/23\npage 21\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nDivision 2.5 Attachments\n10 Attachment—Act, dict, def attachment, par (c)\n(1) The following are prescribed:\n(a) fixtures and fittings;\nExamples—fixtures and fittings\n• air conditioning units\n• fire alarm systems\n• light fittings\n• security alarm systems\n(b) architectural embellishments;\nExamples—architectural embellishments\n• decorative brackets and screens\n• planter boxes\n• window shutters\n• vertical and horizontal fin blades\n(c) artworks;\n(d) signs.\n(2) However, a thing mentioned in subsection (1) is not an attachment\nif—\n(a) it is included in the gross floor area of the building; or\n(b) it is at ground level; or\n(c) it is a balcony.\n(3) In this section:\nbalcony—see the territory plan, dictionary.\ngross floor area—see the territory plan, dictionary.\n\nDictionary\npage 22 Unit Titles Regulation 2001\nEffective: 27/11/23\nR21\n27/11/23\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nDictionary\n(see s 1A)\nNote 1 The Legislation Act contains definitions and other provisions relevant to\nthis regulation.\nNote 2 For example, the Legislation Act, dict, pt 1, defines the following terms:\n• Act\n• registered surveyor\n• territory plan\n• territory planning authority.\nNote 3 Terms used in this regulation have the same meaning that they have in\nthe Unit Titles Act 2001 (see Legislation Act, s 148). For example, the\nfollowing terms are defined in the Unit Titles Act 2001, dictionary:\n• attachment\n• building\n• Crown lessee\n• declared land sublease\n• development\n• staged development\n• unit subsidiary (see s 12).\naddress schedule, for a parcel, means a schedule that shows the\nrelationship between the numbering of units on the site plan or floor\nplan of the parcel and the door numbering and street address of the\nunits in the parcel.\napproved plans—see the Building Act 2004, dictionary.\ncertification of unit entitlements, for a parcel, means a written\nstatement showing the details of the value of unit entitlements for the\nunits in the parcel—\n(a) prepared by a certified practising member of the Australian\nProperty Institute (ABN 49 007 505 866); and\n(b) dated and signed by the member.\ndivision—see the Districts Act 2002, dictionary.\n\nDictionary\nR21\n27/11/23\nUnit Titles Regulation 2001\nEffective: 27/11/23\npage 23\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nfloor plan means a floor plan prepared for a parcel in the form\napproved under the Land Titles Act 1925, section 140.\nschedule of unit entitlement form means the schedule of unit\nentitlements form approved under the Land Titles Act 1925,\nsection 140.\nsite plan means a site plan prepared for a parcel in the form approved\nunder the Land Titles Act 1925, section 140.\n\nEndnotes\n1 About the endnotes\npage 24 Unit Titles Regulation 2001\nEffective: 27/11/23\nR21\n27/11/23\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nEndnotes\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\nEndnotes\nLegislation history 3\nR21\n27/11/23\nUnit Titles Regulation 2001\nEffective: 27/11/23\npage 25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n3 Legislation history\nThis regulation was originally the Unit Titles Regulations 2001. It was renamed\nunder the Legislation Act 2001.\nUnit Titles Regulation 2001 SL2001-15\nnotified 7 June 2001 (Gaz 2001 No 23)\ns 1, s 2 commenced 7 June 2001 (IA s 10B)\nremainder commenced 5 October 2001 (s 2)\nas amended by\nStatute Law Amendment Act 2002 A2002-30 pt 3.85\nnotified LR 16 September 2002\ns 1, s 2 taken to have commenced 19 May 1997 (LA s 75 (2))\npt 3.85 commenced 17 September 2002 (s 2 (1))\nPlanning and Land (Consequential Amendments) Act 2002 A2002-56\nsch 3 pt 3.17\nnotified LR 20 December 2002\ns 1, s 2 commenced 20 December 2002 (LA s 75 (1))\nsch 3 pt 3.17 commenced 1 July 2003 (s 2 and see Planning and Land\nAct 2002 A2002-55, s 2)\nUnit Titles Amendment Regulations 2003 (No 1) SL2003-23\nnotified LR 29 July 2003\ns 1, s 2 commenced 29 July 2003 (LA s 75 (1))\nremainder commenced 30 July 2003 (s 2)\nUnit Titles (Staged Development) Amendment Act 2005 A2005-37\nsch 1 pt 1.2\nnotified LR 26 August 2005\ns 1, s 2 commenced 26 August 2005 (LA s 75 (1))\nsch 1 pt 1.2 commenced 14 September 2005 (s 2 and CN2005-21)\nPlanning and Development (Consequential Amendments) Act 2007\nA2007-25 sch 1 pt 1.33\nnotified LR 13 September 2007\ns 1, s 2 commenced 13 September 2007 (LA s 75 (1))\nsch 1 pt 1.33 commenced 31 March 2008 (s 2 and see Planning and\nDevelopment Act 2007 A2007-24, s 2 and CN2008-1)\n\nEndnotes\n3 Legislation history\npage 26 Unit Titles Regulation 2001\nEffective: 27/11/23\nR21\n27/11/23\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nUnit Titles Amendment Act 2008 (No 2) A2008-45 sch 1 pt 1.3\nnotified LR 10 September 2008\ns 1, s 2 commenced 10 September 2008 (LA s 75 (1))\nsch 1 amdt 1.10, amdt 1.15 commenced 1 July 2009 (s 2 (1) and\nCN2008-18)\nsch 1 pt 1.3 remainder commenced 31 March 2009 (s 2 (1) and\nCN2008-18)\nUnit Titles Amendment Regulation 2010 (No 1) SL2010-37\nnotified LR 7 September 2010\ns 1, s 2 commenced 7 September 2010 (LA s 75 (1))\nremainder commenced 8 September 2010 (s 2)\nPlanning and Building Legislation Amendment Act 2011 A2011-23\npt 11\nnotified LR 6 July 2011\npt 1 commenced 6 July 2011 (s 2 (1))\npt 11 commenced 7 July 2011 (s 2 (5))\nPlanning and Development (Lease Variation Charges) Amendment\nRegulation 2011 (No 1) SL2011-22 s 8\nnotified LR 15 July 2011\ns 1, s 2 commenced 15 July 2011 (LA s 75 (1))\ns 8 commenced 16 July 2011 (s 2)\nUnit Titles (Management) Act 2011 A2011-41 sch 5 pt 5.13\nnotified LR 3 November 2011\ns 1, s 2 commenced 3 November 2011 (LA s 75 (1))\nsch 5 pt 5.13 commenced 30 March 2012 (s 2 and CN2012-6)\nPlanning, Building and Environment Legislation Amendment Act\n2012 A2012-23 pt 7\nnotified LR 28 May 2012\ns 1, s 2 commenced 28 May 2012 (LA s 75 (1))\npt 7 commenced 29 May 2012 (s 2)\nPublic Unleased Land Act 2013 A2013-3 sch 2 pt 2.14\nnotified LR 21 February 2013\ns 1, s 2 commenced 21 February 2013 (LA s 75 (1))\nsch 2 pt 2.14 commenced 1 July 2013 (s 2 and CN2013-9)\n\nEndnotes\nLegislation history 3\nR21\n27/11/23\nUnit Titles Regulation 2001\nEffective: 27/11/23\npage 27\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nUnit Titles Amendment Regulation 2015 (No 1) SL2015-8\nnotified LR 11 March 2015\ns 1, s 2 commenced 11 March 2015 (LA s 75 (1))\nremainder commenced 12 March 2015 (s 2)\nPlanning and Development (University of Canberra and Other\nLeases) Legislation Amendment Act 2015 A2015-19 pt 21\nnotified LR 11 June 2015\ns 1, s 2 commenced 11 June 2015 (LA s 75 (1))\npt 21 commenced 1 July 2015 (s 2 and CN2015-9)\nPlanning and Unit Titles Legislation Amendment Act 2021 (No 2)\nA2021-25 pt 4\nnotified LR 17 November 2021\ns 1, s 2 commenced 17 November 2021 (LA s 75 (1))\npt 4 commenced 18 November 2021 (s 2)\nBuilding and Construction Legislation Amendment Regulation 2023\n(No 1) SL2023-7 sch 1\nnotified LR 28 April 2023\ns 1, s 2 commenced 28 April 2023 (LA s 75 (1))\nsch 1 commenced 1 May 2023 (s 2 (1))\nUnit Titles Legislation Amendment Act 2023 A2023-24 pt 7\nnotified LR 23 June 2023\ns 1, s 2 commenced 23 June 2023 (LA s 75 (1))\npt 7 commenced 1 July 2023 (s 2)\nPlanning (Consequential Amendments) Act 2023 A2023-36 sch 1\npt 1.66\nnotified LR 29 September 2023\ns 1, s 2 commenced 29 September 2023 (LA s 75 (1))\nsch 1 pt 1.66 commenced 27 November 2023 (s 2 (1) and see\nPlanning Act 2023 A2023-18, s 2 (2) and CN2023-10)\n\nEndnotes\n4 Amendment history\npage 28 Unit Titles Regulation 2001\nEffective: 27/11/23\nR21\n27/11/23\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n4 Amendment history\nName of regulation\ns 1 am R5 LA\nDictionary\ns 1A ins SL2010-37 s 4\nUnit title assessment report\ndiv 2.1A hdg ins SL2010-37 s 5\nDefinitions—div 2.1A\ns 2 om LA s 89 (4)\nins SL2010-37 s 5\ndef planning documents ins SL2010-37 s 5\nam A2023-36 amdt 1.390, amdt 1.391\ndef relevant development approval ins SL2010-37 s 5\nPrescription of parcel—Act, s 17 (5) (a)\ns 2A hdg sub A2023-24 s 45\ns 2A ins SL2010-37 s 5\nUnit title assessment report application—Act, s 22B (2)\ns 2B ins SL2010-37 s 5\nam A2015-19 s 139\nOffence—false or misleading information in application\ns 2C ins SL2010-37 s 5\nUnit title assessment report—contents—Act, s 22B (5) (a)\ns 2D ins SL2010-37 s 5\nam A2011-23 ss 46-49; pars renum R11 LA; A2012-23 s 43;\nA2015-19 s 140; pars renum R17 LA\nUnit title assessment report—accompanying material—Act, s 22B (5) (b)\ns 2E ins SL2010-37 s 5\nam A2013-3 amdt 2.41; A2015-19 s 141; pars renum R17 LA;\nA2023-24 s 46, s 47; pars renum R20 LA\nOffence—preparing false or misleading unit title assessment report\ns 2F ins SL2010-37 s 5\nOffence—providing false or misleading unit title assessment report in\napplication for unit title\ns 2G ins SL2010-37 s 5\nPermissible unit subsidiaries—Act, s 19\ns 3 am A2002-56 amdt 3.79; SL2010-37 s 6; pars renum R10 LA;\nA2012-23 s 44; A2023-36 amdt 1.392\nDiagrams—manner of subdivision\ns 5 am SL2003-23 s 4\n\nEndnotes\nAmendment history 4\nR21\n27/11/23\nUnit Titles Regulation 2001\nEffective: 27/11/23\npage 29\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nBoundary diagrams\ns 6 am SL2010-37 s 7; SL2015-8 s 4; A2015-19 s 142; pars\nrenum R17 LA\nStaged developments—development statements—Act s 17 (4)\ns 8 am A2002-56 amdt 3.77\nsub A2005-37 amdt 1.2\nam A2007-25 amdt 1.204; A2023-36 amdt 1.393, amdt 1.394\nPrescribed zones\ndiv 2.3A hdg ins SL2011-22 s 8\nUnit title applications—prescribed zones—Act, s 20 (10), def prescribed zone\ns 8A ins SL2011-22 s 8\nam A2023-36 amdt 1.395\nEndorsement of units plans—Act, s 27 (2)\ns 9 am A2002-56 amdt 3.78; A2015-19 s 143; A2021-25 ss 34-36;\nss renum R18 LA; A2023-36 amdt 1.396\nAttachments\ndiv 2.5 hdg ins SL2015-8 s 5\nOwners corporations\npt 3 hdg om A2011-41 amdt 5.92\nAttachment—Act, dict, def attachment, par (c)\ns 10 sub A2008-45 amdt 1.10\nom A2011-41 amdt 5.92\nins SL2015-8 s 5\nam A2023-36 amdt 1.397\nManager insurance—Act, s 55F (2)\ns 10A ins A2008-45 amdt 1.10\nom A2011-41 amdt 5.92\nCorporate register—access—Act, s 72 (3)\ns 11 om A2011-41 amdt 5.92\nFees for requests for unit title certificates and access to owners corporation\nrecords––Act, s 75 (4)\ns 12 sub SL2003-23 s 5; A2008-45 amdt 1.11\nom A2011-41 amdt 5.92\nCosts of taking legal action—Act, s 88C (2) (b)\ns 13 sub A2008-45 amdt 1.12\nom A2011-41 amdt 5.92\nPublic liability insurance for owners corporations—Act, s 131 (2)\ns 14 om A2011-41 amdt 5.92\nExemptions from building insurance requirements—Act, s 133 (1)\ns 15 om A2011-41 amdt 5.92\n\nEndnotes\n4 Amendment history\npage 30 Unit Titles Regulation 2001\nEffective: 27/11/23\nR21\n27/11/23\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nOwners corporation articles\npt 4 hdg om A2011-41 amdt 5.92\nAll owners corporations\ndiv 4.1 hdg om R8 LA\nDefault articles—Act, s 126 (1) (a)\ns 16 om A2011-41 amdt 5.92\n3-member owners corporations\ndiv 4.2 hdg om A2008-45 amdt 1.13\nConciliation articles—3-member corporations—Act, s 126 (1) (b)\ns 17 om A2008-45 amdt 1.13\nConciliator for 3-member owners corporations\ns 18 am A2002-30 amdt 3.936; A2002-56 amdt 3.79\nom A2008-45 amdt 1.13\n2-member owners corporations\ndiv 4.3 hdg om A2008-45 amdt 1.13\nConciliation articles—2-member owners corporations—Act, s 126 (1) (c)\ns 19 om A2008-45 amdt 1.13\nConciliator for 2-member owners corporations\ns 20 am A2002-30 amdt 3.937; A2002-56 amdt 3.79\nom A2008-45 amdt 1.13\nDefault articles\nsch 1 am A2008-45 amdt 1.14\nom A2011-41 amdt 5.93\nCode of conduct\nsch 2 sub A2008-45 amdt 1.15\nom A2011-41 amdt 5.93\nResolution of disputes\nsch 2, article 1 (prev sch 2, cl 13) renum R1 LA\nam A2002-56 amdt 3.79\nom A2008-45 amdt 1.15\nConciliation\nsch 2, article 2 (prev sch 2, cl 14) renum R1 LA\nam A2002-30 amdt 3.938\nom A2008-45 amdt 1.15\nConciliation articles for 2-member owners corporations\nsch 3 hdg om A2008-45 amdt 1.15\nFailure to reach a quorum at a general meeting\nsch 3, article 1 am A2002-56 amdt 3.79\nom A2008-45 amdt 1.15\n\nEndnotes\nAmendment history 4\nR21\n27/11/23\nUnit Titles Regulation 2001\nEffective: 27/11/23\npage 31\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nResolution of disputes\nsch 3, article 2 am A2002-56 amdt 3.79\nom A2008-45 amdt 1.15\nConciliation\nsch 3, article 3 am A2002-30 amdt 3.939\nom A2008-45 amdt 1.15\nDictionary\ndict ins SL2010-37 s 8\nam SL2015-8 s 6; A2015-19 s 144; A2023-36 amdt 1.398\ndef address schedule ins SL2010-37 s 8\ndef approved plans ins SL2010-37 s 8\ndef building code ins SL2010-37 s 8\nom SL2023-7 amdt 1.1\ndef certification of unit entitlements ins SL2010-37 s 8\ndef division ins SL2010-37 s 8\ndef floor plan ins SL2010-37 s 8\ndef schedule of unit entitlement form ins SL2010-37 s 8\ndef site plan ins SL2010-37 s 8\n\nEndnotes\n5 Earlier republications\npage 32 Unit Titles Regulation 2001\nEffective: 27/11/23\nR21\n27/11/23\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n5 Earlier republications\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.\nRepublication\nNo and date\nEffective Last\namendment\nmade by\nRepublication\nfor\nR1*\n5 Oct 2001\n5 Oct 2001–\n16 Sept 2002\nnot amended new regulation\nR2\n17 Sept 2002\n17 Sept 2002–\n30 June 2003\nA2002-30 amendments by\nA2002-30\nR3\n1 July 2003\n1 July 2003–\n29 July 2003\nA2002-56 amendments by\nA2002-56\nR4\n30 July 2003\n30 July 2003–\n2 Nov 2004\nSL2003-23 amendments by\nSL2003-23\nR5\n3 Nov 2004\n3 Nov 2004–\n13 Sept 2005\nSL2003-23 includes editorial\namendments\nunder\nLegislation Act\nR6\n14 Sept 2005\n14 Sept 2005–\n30 Mar 2008\nA2005-37 amendments by\nA2005-37\nR7\n31 Mar 2008\n31 Mar 2008–\n30 Mar 2009\nA2007-25 amendments by\nA2007-25\nR8\n31 Mar 2009\n31 Mar 2009–\n30 June 2009\nA2008-45 amendments by\nA2008-45\nR9\n1 July 2009\n1 July 2009–\n7 Sept 2010\nA2008-45 amendments by\nA2008-45\nR10\n8 Sept 2010\n8 Sept 2010–\n6 July 2011\nSL2010-37 amendments by\nSL2010-37\nR11\n7 July 2011\n7 July 2011–\n15 July 2011\nA2011-23 amendments by\nA2011-23\n\nEndnotes\nEarlier republications 5\nR21\n27/11/23\nUnit Titles Regulation 2001\nEffective: 27/11/23\npage 33\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nRepublication\nNo and date\nEffective Last\namendment\nmade by\nRepublication\nfor\nR12\n16 July 2011\n16 July 2011–\n29 Mar 2012\nSL2011-22 amendments by\nSL2011-22\nR13\n30 Mar 2012\n30 Mar 2012–\n28 May 2012\nA2011-41 amendments by\nA2011-41\nR14\n29 May 2012\n29 May 2012–\n30 June 2013\nA2012-23 amendments by\nA2012-23\nR15\n1 July 2013\n1 July 2013–\n11 Mar 2015\nA2013-3 amendments by\nA2013-3\nR16\n12 Mar 2015\n12 Mar 2015–\n30 June 2015\nSL2015-8 amendments by\nSL2015-8\nR17\n1 July 2021\n1 July 2021–\n17 Nov 2021\nA2015-19 amendments by\nA2015-19\nR18\n18 Nov 2021\n18 Nov 2021–\n30 Apr 2023\nA2021-25 amendments by\nA2021-25\nR19\n1 May 2023\n1 May 2023–\n30 June 2023\nSL2023-7 amendments by\nSL2023-7\nR20\n1 July 2023\n1 July 2023–\n26 Nov 2023\nA2023-24 amendments by\nA2023-24\n© Australian Capital Territory 2023","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":true,"description":"The regulation has grown significantly beyond its original 2001 scope. The amendment history shows major expansions: the 2010 insertion of Division 2.1A (Unit Title Assessment Reports) added extensive certification and inspection requirements; the 2011 removal of Parts 3 and 4 (owners corporation management, insurance, and dispute resolution) shifted that content to separate legislation (Unit Titles (Management) Act 2011), narrowing the focus; but subsequent amendments added staged development rules, prescribed zones, and attachment definitions. The current version is more technical and process-heavy than the original, with much greater detail on professional certification requirements."},"complexity_factors":["Multiple cross-references to other ACT laws including the Unit Titles Act 2001, Planning Act 2023, Building Act 2004, Land Titles Act 1925, and Construction Occupations (Licensing) Act 2004","22 defined terms in the dictionary section, plus signpost definitions pointing to other legislation","Detailed prescriptive requirements for documentation (e.g., certifications must be less than 3 months old, unit entitlements must total specific numbers like 10, 100, 1,000, etc.)","Nested conditional logic in section 2D regarding what must be included in assessment reports depending on unit types (residential vs commercial) and staged developments","Multiple offence provisions with knowledge/recklessness mental elements and specific defences for partners in firms (sections 2C, 2F, 2G)","Complex interaction between class A units (typically apartments) and class B units (typically commercial or mixed-use) with different rules for balconies and stairways","Requirements for specific forms approved under other Acts, creating a web of delegated legislative instruments"],"plain_english_summary":"This regulation sets the rules for creating unit (strata) titles in the ACT, specifying required plans, certifications and staged‑development commitments so subdivided buildings match approved designs. It mandates licensed unit‑title assessors and other professionals to verify boundaries, common areas, attachments and unit entitlements, and creates penalties for false information. Affects developers, surveyors, assessors and buyers."},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"Yes. The regulation has grown beyond purely procedural diagram and plan rules into a more comprehensive compliance and enforcement instrument. Notable scope expansions include: the 2010 insertion of Division 2.1A requiring a formal unit title assessment report with detailed contents and prescribed supporting documents (creating new professional certification and inspection duties); criminal offences and partner‑level liability for false or misleading reports and applications; prescriptive currency requirements for supporting material (many items \"not more than 3 months old\"); expanded treatment of attachments; staged development apportionment rules; and ongoing updates to align with newer planning legislation (for example, cross‑references updated to the Planning Act 2023). These additions shift the instrument from solely technical plan‑specification to a regulatory package that allocates compliance costs, professional responsibility and enforcement risk among applicants, consultants and decision‑makers (see div 2.1A, s 8 (staged developments), s 10 (attachments), and endnotes/amendment history for the sequence of changes)."},"complexity_factors":["Multiple new substantive components added since original (Division 2.1A with detailed unit title assessment report requirements and offences).","Extensive cross‑referencing to other instruments and Acts (Building Act 2004, Planning Act 2023, Land Titles Act 1925, Construction Occupations (Licensing) Regulation 2004, Territory Plan definitions).","Many defined terms collected in the Dictionary and reliance on external definitions (approved plans, gross floor area, balcony, etc.).","Numerous conditional requirements and exceptions (e.g. different treatment of uncovered balconies/stairways for class A v class B units (s 4); attachment exclusions in s 10).","Multiple prescribed supporting documents with strict currency requirements (several items must be no more than 3 months old) (s 2E).","Criminal offence provisions with partner liability and statutory defences (ss 2C, 2F, 2G) increase complexity of compliance and exposure analysis.","Staged development rules with apportionment options that operate despite existing schedules of unit entitlement (s 8(2)–(3)).","Technical diagram and surveyor certificate requirements (boundary diagrams, floor plans, registered surveyor’s certificate in approved form) with potential for combined diagrams and multiple format rules (ss 5–6, 9(2)).","Prescribed zones list narrows or specifies areas where particular rules apply (s 8A) and requires mapping between planning zoning and unit-title application rules.","History of many amendments and editorial renumberings (endnotes show recurrent amendments), meaning interpretive complexity and potential for transitional issues."],"plain_english_summary":"**What this regulation does (mechanical effect)**\n\n- Sets out the technical rules and documentary requirements for applying to subdivide land into unit titles in the Australian Capital Territory (ACT). A unit title scheme is the legal structure used for apartments, townhouses and similar developments where separate parts (units) and shared parts (common property) are created.\n- Prescribes who must supply what documents, how plans and diagrams must be drawn, what inspections and certifications are required, and how certain items are to be treated for unit-title purposes (for example, what counts as an attachment or a unit subsidiary). (See e.g. div 2.1A, ss 5–9, s 10.)\n- Introduces and prescribes the content and supporting material for a mandatory “unit title assessment report” prepared by a licensed unit title assessor, including required site inspections, specific checks about compliance with development approvals and certification that each unit is suitable for separate occupation. (Div 2.1A, ss 2D–2E.)\n- Specifies offences and penalties for giving false or misleading information in an application, or preparing or supplying a false or misleading unit title assessment report. Maximum penalty: 60 penalty units. (Ss 2C, 2F, 2G.)\n- Lists what may be shown as a unit subsidiary (e.g. balconies, garages, stairways, gardens, car spaces) and allows the territory planning authority discretion to approve other types or purposes. (S 3.)\n- Prescribes technical diagram requirements (boundary diagrams, floor plans, site plans), required schedules of unit entitlements (including that total entitlements be a prescribed round number such as 10, 100, 1 000 etc.), and particulars such as letterbox provision and unit numbering. (Ss 5–7.)\n- Sets rules for staged developments (what must appear in a development statement, how expenses and liability during staging are to be treated, and reporting requirements by registered surveyors). (S 8.)\n- Prescribes certain planning zones where unit-title applications are governed by specific rules. (S 8A.)\n- Defines `attachment` examples (fixtures, embellishments, artworks, signs) and exclusions (not attachments if included in gross floor area, at ground level, or a balcony). (S 10.)\n\n**Who this affects**\n\n- Developers and landowners who want to create a unit-titled subdivision — they must prepare and lodge the prescribed documents and pay for the required inspections, surveys and expert certificates. (Div 2.1A, ss 2B, 2E.)\n- Licensed unit title assessors and eligible building surveyors — they must perform site inspections and sign particular certifications, and they face criminal penalties if reports are false or misleading. (Ss 2D–2F.)\n- Registered surveyors — required to provide certified boundary diagrams and surveyor declarations in the approved forms. (Ss 6(1)(a), 9(2), dict.)\n- Territory planning authority — exercises approval discretion, endorses approved units plans and may approve additional unit subsidiaries or purposes. (Ss 3(2), 9(1).)\n- Owners corporations (bodies corporate) and future unit owners — the regulation affects how common property is described and how liability for staged works may be apportioned. (S 8(2)–(3).)\n\n**Why it matters (official rationale and practical implications)**\n\n- Officially, the rules ensure that unit-title subdivisions are correctly documented, that developments match their approved plans, and that each unit is fit for separate occupation before registration. The unit title assessment report and the prescribed supporting documents are intended to provide certainty about boundaries, entitlements, encroachments and compliance with approvals. (Div 2.1A, ss 2D–2E.)\n\n- Practical trade-offs, costs and implementation points:\n  - Cost and timing: Applicants must obtain up-to-date professional certificates and plans (many items must be no more than 3 months old) and pay for site inspections, surveyor certificates, certifiers’ statements and a unit title assessor. This increases upfront compliance costs and may slow registration timelines (s 2E(1)(b)–(g)).\n  - Liability and enforcement: The regulation creates criminal offences for false or misleading information/reports (60 penalty units) and imposes potential liability on partners in firms that supply defective reports, although partner-defences are provided. That increases professional and reputational risk for assessors and their firms (ss 2C, 2F(2)–(3), 2G(2)–(3)).\n  - Discretion vs. predictability: The territory planning authority has express discretion to approve additional types of unit subsidiaries or uses (s 3(2)), which allows flexibility but can create uncertainty for applicants about what will be approved.\n  - Concentrated benefits, diffuse costs: Developers and professionals who provide the prescribed reports and certificates receive the work (concentrated benefit). Costs — smaller developers or owner-occupiers converting older buildings — are spread across many potential applicants (diffuse cost). The requirement that total unit entitlements be a rounded number (10, 100, 1 000, etc.) (s 7(b)) can produce administrative adjustments to entitlements that affect how costs and voting weights are allocated among owners.\n  - Substitution and design consequences: Technical requirements (e.g. how balconies/stairways must be shown as subsidiaries or common property depending on class of unit (s 4), encroachment certification (s 6(3)(d)), and the attachment rules (s 10)) can influence architectural design, how items are sold or retained as fixtures, and how maintenance obligations are allocated.\n  - Reliance on professionals and forms: The scheme depends heavily on third‑party reports in approved forms (surveyors, certified practising valuers for entitlements, eligible building surveyors for fitness-for‑unit-title certificates). This creates administrative integrity but also single‑point dependencies (ss 2D(1)(i), 2E(1)(b),(g)).\n\n**Concrete mechanics worth noting**\n\n- Many supporting documents must be recent (\"not more than 3 months old\") — site plans, floor plans, certification of unit entitlements, registered surveyor declarations, and fitness-for-unit-title certificates. (S 2E(1)(b)–(g).)\n- The assessor must state that the development is complete and that units are suitable for separate occupation; where development approvals impose conditions, the assessor must check compliance. (S 2D(1)(h)–(j).)\n- If a staged development is proposed, the development statement must set out stage work, schedules, access arrangements, permitted use of common property during works, landscaping, and developer obligations to pay reasonable expenses and repair damage caused by staging. The developer’s obligations may be enforced by owners. (S 8(1)(c)–(f).)\n- The territory plan zones where special rules apply are listed (e.g. RZ1–RZ5 and IZ1–IZ2). (S 8A.)\n\n**Who pays, who decides, and what behaviour changes**\n\n- Who pays: applicants/developers pay for the surveys, reports, certificates and any fees associated with approval and registration. Owners (via owners corporations) may bear costs during staged development as prescribed in a development statement. (Ss 2B, 2E, 8(1)(d)–(e).)\n- Who decides: licensed unit title assessors, registered surveyors and eligible building surveyors produce the technical evidence; the territory planning authority approves the application and can exercise discretion on certain subsidiary types; the Land Titles Office registers the endorsed units plan (ss 2D–2E, 3(2), 9). \n- Behaviour changes incentivised: developers will ensure up‑to‑date certifications and careful compliance with development approvals before applying; professionals will take steps to avoid negligent or misleading reports because of criminal penalties.\n\n**Implementation risks and unintended consequences to watch for**\n\n- Bottlenecks or cost spikes if there is high demand for qualified assessors/surveyors, because many items must be contemporaneous.\n- Increased transactions and compliance costs for conversions or small-scale subdivisions, potentially discouraging some schemes.\n- The offences and partner-liability rules may push firms to tighten internal controls, but may also increase professional indemnity insurance costs.\n\n(See particularly: Division 2.1A — ss 2B, 2C, 2D, 2E, 2F, 2G; Division 2.2 — ss 4–7; Division 2.3 — s 8; Division 2.3A — s 8A; Division 2.5 — s 10.)"}},"importantCases":[],"_links":{"self":"/api/acts/unit-titles-regulation-2001","history":"/api/acts/unit-titles-regulation-2001/history","analysis":"/api/acts/unit-titles-regulation-2001/analysis","conflicts":"/api/acts/unit-titles-regulation-2001/conflicts","importantCases":"/api/acts/unit-titles-regulation-2001/important-cases","documents":"/api/acts/unit-titles-regulation-2001/documents"}}