Units plan: The central document that subdivides a parcel of land into units and common property. It must be prepared according to registrar‑general approved requirements and endorsed by the territory planning authority before it can be registered (section 6). A units plan is registered when the registrar‑general endorses it with the date and number (section 5(1)). Other documents are registered when a memorial is endorsed on the plan and, for cancellation or amendment, on each affected lease (section 5(2)).

Parcel and lease: The parcel is the land that is subdivided (defined by reference to the Unit Titles Act 2001 dictionary). The initial interest is a lease of the parcel held by the lessee who applies for registration (section 6(1)). On registration of the units plan, that lease is cancelled and replaced by separate leases for each unit and a lease of the common property held by the owners corporation (section 10(1)(a)-(c)). The term “lease” is broadly defined (via the Unit Titles Act 2001) to include the Crown lease and subleases.

Unit and common property: The Act does not define these directly but relies on the Unit Titles Act 2001. A unit is a lot within the units plan; common property is all the land not comprised in any unit. The owners corporation becomes registered proprietor of the common property (section 10(1)(c)).

Owners corporation: The body corporate that manages the scheme. The Act registers it as proprietor of common property and provides for registration of its easements, charges, rules, address changes, insurance exemptions and administrator appointments (sections 11-15, 26-28).

Alternative rules: Rules of the owners corporation that modify the default rules. They may be lodged at initial registration (section 7(1)(e), section 27) or later changed (section 27A). If not lodged within three months after a special resolution, the resolution is taken never to have been made (section 27A note, referencing Unit Titles (Management) Act 2011, s 108A(2)).

Owners corporation charge: A statutory charge over a unit to secure unpaid contributions or other amounts. It is registrable under the Land Titles Act 1925, section 92, but unlike a mortgage it does not confer a power of sale (section 15(2) and note). Lodgment requires a memorandum of charge and a certified copy of the declaration (section 13). The charge can be discharged on lodgment of a discharge and certified copy of the revocation (section 14).

Easement declared by owners corporation: The owners corporation may declare an easement over common property or units under the Unit Titles Act 2001, section 36. Registration follows the Land Titles Act, section 103B, adapted by section 11 of this Act. The required documents include a memorandum of easement, a resolution certificate, and evidence of consent of affected owners (section 11(2)). If the certificate is endorsed by those owners, separate consent is unnecessary (section 11(3)). Extinguishment follows a similar process (section 12).

Cancellation authority and cancellation order: A cancellation authority is granted by the territory planning authority (Unit Titles Act 2001, s 160); a cancellation order is made by the Supreme Court (s 161A). The registrar‑general registers either on lodgment (section 16). The effect is that the unit leases are cancelled and a new lease of the entire parcel arises (Unit Titles Act 2001, s 162). Existing mortgages and Crown lease interests carry over to the new lease (section 17).

Final building damage order: An ACAT order approving amendment of a units plan after building damage or destruction (Unit Titles Act 2001, s 157). The registrar‑general registers a copy and may require additional documents showing changed boundaries or amended unit entitlement (section 20).

Reissue: The registrar‑general may reissue a registered units plan in substantively identical terms (section 22(1)). The reissue does not cancel the previous registration (section 22(3)) and is taken for all purposes to be the registered plan (section 22(2)).

Termination of unit lease: When a unit lease terminates (as defined in the Unit Titles Act 2001), the registrar‑general enters a memorial on the plan and schedule of unit entitlement (section 23). The lessee is not released from liability for breach of covenant (section 23(2)). If a new unit lease is granted, the earlier memorial is cancelled (section 24).

Trusts: If the parcel lessee held the lease as trustee immediately before registration of the units plan, that trustee holds the unit leases on the same trusts (section 31(1)). Similarly, if a unit owner held as trustee immediately before cancellation of the plan, that trustee holds the new parcel lease on the same trusts (section 31(2)).

The Act directly affects any person or entity involved in the creation, variation, or termination of a unit title scheme in the Australian Capital Territory. The primary actors are the lessee of a parcel who applies to register a units plan (section 6(1)) , typically a developer or landowner. That lessee must obtain the written consent of everyone with a registered estate or interest in the parcel lease, such as mortgagees and easement holders (section 7(1)(c)). Mortgagees and easement holders are directly affected because their interests are automatically carried over onto the new unit and common property folios (section 8). A mortgagee of the parcel lease becomes mortgagee of each unit lease as if the original memorandum applied to all units (section 8(1)). An easement holder’s right is similarly transformed (section 8(2)). Priority among multiple mortgages or easements is preserved (section 10(2)).

Every unit owner (lessee) is affected because the Act governs the registration of their title and any dealings with it. The owners corporation, as registered proprietor of the common property, is affected by provisions on easements, charges, rules, insurance exemptions, administrator appointments, and change of address (sections 11-15, 26-28). The corporation must lodge documents with the registrar‑general within strict timeframes , for example, changes to alternative rules must be lodged within three months of the special resolution (section 27A(2)(a)), and insurance exemptions for class B plans must be lodged within three months of the unanimous resolution (section 27B(2)). Failure to lodge within time results in the resolution being taken never to have been made (notes to sections 27A and 27B).

The territory planning authority is affected as the endorsing body for units plans (section 6(2)(b)) and as the recipient of notices of cancellation or amendment (section 21). The commissioner for revenue issues the certificate required before registration (section 7(1)(d)). The registrar‑general and the officers of the land titles registry are the key administrative actors, with duties to register, cancel, enter memorials, and maintain the register. The ACAT and Supreme Court are involved through final building damage orders (section 20) and cancellation orders (section 16).

Practitioners , solicitors, conveyancers, and surveyors , must comply with the lodgment requirements and timeframes. The Act also affects Crown lessees in declared land sublease schemes (sections 10(1)(f), 29(1)(b)). Any person dealing with a unit title property , such as a prospective purchaser, financier, or insurer , relies on the accuracy of the register maintained under this Act. Finally, the Act’s incorporation with the Land Titles Act 1925 means that all parties dealing with land in the ACT must understand how the unit title registration system interacts with the general Torrens system.

Duty of registrar‑general to register a units plan on compliance: The registrar‑general must register a units plan if the applicant lodges all required documents within three months of the planning authority’s endorsement (section 7(1)). This is a mandatory duty, not discretionary. The required documents are: an application; the endorsed plan; written consents of all registered interest holders; a revenue certificate showing no outstanding rates, land tax, duty or lease variation charges; and any proposed alternative rules (section 7(1)(a)-(e)). The registrar‑general must then notify the applicant and the territory planning authority in writing (section 7(2)).

Duty to cancel parcel lease and create unit and common property titles: Immediately after registration, the registrar‑general must cancel the parcel lease and its duplicate, register each unit lessee as proprietor of their unit, register the owners corporation as proprietor of common property, and enter memorials of existing mortgages and easements on the new folios (section 10(1)). Priority must be preserved if there are multiple interests (section 10(2)). For declared land subleases, the Crown lease and any Crown lessee mortgage must also be noted (section 10(1)(f)).

Duty to register cancellation or amendment documents: The registrar‑general must register a cancellation authority or cancellation order on lodgment while it remains in force (section 16). Similarly, the registrar‑general must register authorities for amendment of a units plan (development statement, unit entitlement, boundary) and final building damage orders (sections 19, 20). On registration of a cancellation, the registrar‑general must cancel the plan, issue new certificates of title, and enter memorials of carried‑over interests (section 18).

Right of lessee to apply for registration: The lessee of a parcel has the right to apply to register a units plan (section 6(1)). That right is subject to the plan being properly prepared and endorsed, and to all consents and certificates being obtained.

Right to withdraw application: The applicant may withdraw the application for registration at any time before the plan is actually registered by applying in writing to the registrar‑general, who must endorse the withdrawal and return the lodged documents (section 30).

Duties of owners corporation regarding rule changes: If the owners corporation modifies its rules by special resolution, and the rules include alternative rules, the corporation must lodge a compilation of the alternative rules together with a certificate about the resolution within three months (section 27A(2)(a)). Failure to do so means the resolution is taken never to have been made (note referencing Unit Titles (Management) Act 2011, s 108A(2)). Similarly, if ACAT declares a rule invalid, the corporation must lodge that declaration (section 27A(2)(b)).

Duty to lodge insurance exemption resolutions: For class B units plans, the owners corporation must lodge a certificate about a unanimous resolution for an insurance exemption within three months (section 27B(2)). If not lodged, the resolution is void (note). The same applies to revocations (section 27B(3)).

Duty of registrar‑general to register administrator appointments: On lodgment of an ACAT administration order, the registrar‑general must register it (section 28). The same applies to a change of address for service (section 26) and to instruments granting further leases (section 29).

Rights of interest holders on cancellation: When a units plan is cancelled and a new lease arises, existing mortgages and Crown lease interests noted on the cancelled leases apply to the new lease in the same way (section 17). Documents are deemed modified to give effect to this carry‑over (section 17(3)). This protects the security and priority of financiers and the Crown.

Rights of trustees: A trustee who held the parcel lease holds the resulting unit leases on the same trusts (section 31(1)). On cancellation, a trustee who held a unit lease holds the new parcel lease on the same trusts (section 31(2)).

Reissue right of registrar‑general: The registrar‑general has a discretion to reissue a registered units plan if considered desirable, and the reissue is treated as the registered plan for all purposes without cancelling the original registration (section 22).

The Act itself creates very few penal provisions; its primary mechanism is administrative and registrational. However, several provisions carry consequences that operate as enforcement tools.

Failure to lodge rule changes within time: If an owners corporation passes a special resolution to modify its rules and the rules include alternative rules, the corporation must lodge a compilation of the alternative rules and a certificate under the Unit Titles (Management) Act 2011, schedule 3, section 3.19 within three months after the day the resolution is passed (section 27A(2)(a)). The note to that section states: “If an alternative rule is not lodged within 3 months after the day the special resolution is passed, the resolution is taken to have never been made (see Unit Titles (Management) Act 2011, s 108A (2)).” This is a deeming provision , the resolution is void ab initio if the lodgment deadline is missed. There is no discretion for the registrar‑general to extend time.

Failure to lodge insurance exemption within time: For class B units plans, the owners corporation may exempt itself from building insurance requirements under the Unit Titles (Management) Act 2011, section 101(2) by a unanimous resolution. That resolution must be lodged with the registrar‑general, together with a certificate under schedule 3, section 3.19, within three months after the day the resolution is passed (section 27B(2)). The note to that section states: “If a resolution in relation to an insurance exemption is not lodged within 3 months after the day the unanimous resolution is passed, the resolution is taken to have never been made (see Unit Titles (Management) Act 2011, s 101 (5)).” The same three‑month deadline applies to revocations (section 27B(3)).

Consequences of failing to lodge cancellation or amendment documents: If a cancellation authority or cancellation order is not lodged while it is stated to remain in force, the registrar‑general will not register it (section 16 uses “must register … on the lodgment of the authority or order while it is stated to remain in force” , implying that if the authority has expired, registration cannot occur). The Act does not specify an expiry period for authorities; that is left to the Unit Titles Act 2001.

No direct penalty units in this Act: The republished text notes at the front that “the value of a penalty unit for an offence against this law is $160 for an individual and $810 for a corporation (see Legislation Act 2001, s 133).” However, a search of the substantive provisions reveals no offence‑creating sections. The Act is purely facilitative and administrative. Any criminal liability would arise under the Land Titles Act 1925 (e.g., for fraudulent dealings) or under the Unit Titles (Management) Act 2011 for management failures, not under this Act.

Effect of non‑registration of interests: If an owners corporation easement or charge is not registered, it may not be enforceable against third parties dealing with the land. The Act only provides a registration mechanism for these interests (sections 11-15); it does not create the easement or charge itself. Registration under the Land Titles Act gives notice to the world and priority. Without registration, the interest may be void against a subsequent purchaser for value without notice.

Enforcement through the registrar‑general’s powers: The registrar‑general has the power to refuse registration if the required documents are not lodged or if they are defective. For example, if a units plan application lacks all the items in section 7(1) (consents, revenue certificate, etc.), the registrar‑general cannot register it. There is no appeal mechanism within this Act, but judicial review under the Administrative Decisions (Judicial Review) Act 1989 (ACT) or the ACT Civil and Administrative Tribunal Act 2008 may be available.

Trust and fiduciary obligations: Section 31 ensures that trustees do not inadvertently acquire beneficial ownership; the trusts continue. A trustee who deals with the land in breach of trust would face consequences under general trust law, not under this Act directly.

Priority preservation: Section 10(2) requires the registrar‑general to enter memorials so as to preserve priority. Failure to do so could lead to disputes about priority between mortgages or easements, but the Act does not provide a remedy , it imposes a duty on the registrar‑general.

Land Titles Act 1925: This is the foundational Torrens title Act for the ACT. Section 4(1) states that this Act “is incorporated with the Land Titles Act, and must be read as one with that Act.” That means the two Acts form a single integrated code for land titles matters. A units plan and any other document lodged under this Act is an “instrument affecting land” for the Land Titles Act (section 4(2)). Many provisions of this Act explicitly adapt or apply provisions of the Land Titles Act. For example, registration of an owners corporation easement applies the Land Titles Act, section 103B (section 11(1)). Extinguishment of such an easement applies section 103E (section 12(1)). Owners corporation charges are registered under the Land Titles Act, section 92, and certain other provisions of division 10.3 apply (section 15(1) lists sections 92(1), (3), 92A, 93(1), 101 and 101A). The Land Titles Act, division 10.3 does not otherwise apply (section 15(2)). A critical consequence, noted in the Act, is that a registered charge does not give rise to any power of sale over the unit, unlike a mortgage under the Land Titles Act (note to section 15). Also, certain documents lodged under this Act need not be attested by a witness, despite the Land Titles Act, section 48(3) (section 4(3) of this Act). Fees and forms may be determined under the Land Titles Act, sections 139 and 140 for this Act (notes to section 4).

Unit Titles Act 2001: This is the substantive Act that creates units plans, defines units and common property, provides for the creation of easements by owners corporations, and governs cancellation and amendment. The Land Titles (Unit Titles) Act cross‑references it extensively. A units plan must be endorsed under the Unit Titles Act 2001, section 27 before it can be registered (section 6(2)(b) of this Act). On registration, the lessees are registered as proprietors of units “under the Unit Titles Act 2001, section 33” (section 10(1)(b)). Owners corporation easements are declared under the Unit Titles Act 2001, section 36 (sections 11, 12). The termination of a unit lease is defined in the Unit Titles Act 2001 dictionary (section 3 note 3). The effect of termination is spelled out in the Unit Titles Act 2001, section 170 (section 23(1)(b) of this Act). New unit leases after termination are issued under the Unit Titles Act 2001, section 171 (section 24). Cancellation authorities and orders are defined and granted under the Unit Titles Act 2001, sections 160 and 161A (section 16 note). The effect of cancellation on lease and new lease creation is governed by the Unit Titles Act 2001, section 162, and the new estate interests are held under section 163 (sections 17, 18). Amendment authorities (development statement, unit entitlement, boundary) are all defined in the Unit Titles Act 2001 (sections 30, 146, 149 , section 19 notes). Final building damage orders are made under the Unit Titles Act 2001, section 157 (section 20 note). Further leases by the Crown lessee are under the Unit Titles Act 2001, section 167AA (section 29(1)(b)). Trust provisions cross‑reference the Unit Titles Act 2001, section 163 (section 31(2)). Terms defined in the Unit Titles Act 2001 have the same meaning in this Act (section 3A). Thus the two Acts are inextricably linked: this Act provides the registration and title consequences for actions taken under the Unit Titles Act 2001.

Unit Titles (Management) Act 2011: This Act governs the operation of owners corporations, including the declaration of charges, modification of rules, appointment of administrators, and insurance exemptions. This Act provides the registration machinery for those actions. Charges are declared under the Unit Titles (Management) Act 2011, section 96 (sections 13, 15). Discharge of charges is under section 97 of that Act (section 14). Rules modification is under section 108 of that Act (section 27A(1)(a)). ACAT declarations of invalidity are under section 129(1)(e)(iii) or (iv) of that Act (section 27A(1)(b)). Certificates about resolutions are given under schedule 3, section 3.19 of that Act (sections 11(2)(b), 12(2)(b), 27A(2)(a), 27B). Insurance exemptions are under the Unit Titles (Management) Act 2011, section 101(2) (section 27B). Administrator orders are under division 10.2 of that Act (section 28). Change of address for service is under section 122(3) of that Act (section 26). Terms defined in that Act have the same meaning in this Act (section 3A).

Planning Act 2023: The territory planning authority endorses units plans under the Unit Titles Act 2001, but this Act references the Planning Act 2023 for lease variation charges. The revenue certificate required for registration must confirm no lease variation charges under the Planning Act 2023, division 10.7.3 are outstanding (section 7(1)(d)(iv)). The definitions of “deferral arrangement” and “lease variation charge” are drawn from that Act (section 7(3)). Instruments granting further leases by the territory planning authority are under the Planning Act 2023, section 289 (section 29(1)(a)).

Revenue legislation: The revenue certificate under section 7(1)(d) must certify that no rates (Rates Act 2004), land tax (Land Tax Act 2004), or duty (Duties Act 1999) are outstanding. The notes to that section reference the relevant application provisions in those Acts.

Legislation Act 2001: This Act provides the framework for republication, note taking, penalty unit values, and definitions. Section 3 notes that notes are explanatory and not part of the Act. The dictionary definition provisions refer to the Legislation Act, sections 155 and 156. The penalty unit values are set under the Legislation Act, section 133.

The Act originated as a Commonwealth ordinance , the Real Property (Unit Titles) Ordinance 1970 No 32 (Cwlth) , notified on 11 September 1970 and commencing on 1 February 1971. It was converted into an ACT enactment on self‑government day, 11 May 1989, under the Australian Capital Territory (Self‑Government) Act 1988 (Cwlth), section 34(4). Its name was changed from “Ordinance” to “Act” by the Self‑Government (Citation of Laws) Act 1989, section 5, on the same day. It was later renamed the Land Titles (Unit Titles) Act 1970 by the Land Titles (Consequential Amendments) Act 1995.

Key amendment milestones include: the Real Property (Unit Titles) Ordinance 1975 (Ord1975‑34) which made early substantive changes. The Unit Titles Consequential Amendments Act 2001 (A2001‑17) was a major restructure: it inserted new Part 2A (now Part 3) on registration of owners corporation interests, renumbered many sections (see endnote 6), and updated cross‑references to the then‑new Unit Titles Act 2001. The same Act also aligned the Act with the Land Titles Act 1925. The Legislation (Consequential Amendments) Act 2001 (A2001‑44) made further technical amendments.

The Unit Titles (Management) Act 2011 (A2011‑41) required amendments to replace references to the former Unit Titles Act 2001 provisions with references to the new Management Act , for example, updating section 3A to refer to the Management Act rather than just the Unit Titles Act, and amending sections 11, 12, 13, 14, 15, 26 to reference the Management Act’s resolution certificate provisions.

The Unit Titles Legislation Amendment Act 2020 (A2020‑4) substantially rewrote sections 6 and 7 (lodging and registration of units plans), moving the requirements for alternative rules from a separate provision into section 7(1)(e), and inserting the requirement for a revenue certificate covering lease variation charges. It also amended sections 13, 14, 27 (rules) and the dictionary. The Land Titles (Electronic Conveyancing) Legislation Amendment Act 2020 (A2020‑16) made changes to reflect electronic conveyancing, including amendments to sections 7, 10, 18, 20, 23, 24, 25 and the dictionary, and omitted the former section 32 (delivery of certificates of title).

The Unit Titles Legislation Amendment Act 2023 (A2023‑24) introduced new sections 27A (changes to rules), 27B (insurance exemptions) and replaced section 27 (initial registration of alternative rules). It also omitted Schedule 1 entirely, which previously contained formal requirements for units plans and diagrams. The Planning (Consequential Amendments) Act 2023 (A2023‑36) updated references from the former Planning and Development Act 2007 to the new Planning Act 2023, affecting sections 6, 7, 16, 21, 29 and the dictionary. The Justice and Community Safety Legislation Amendment Act 2023 (No 2) (A2023‑42) inserted new section 4 (relationship with Land Titles Act) and amended sections 20 and 28 to update references to ACAT and the Land Titles Act.

The republication effective 27 November 2023 incorporates all these amendments. The endnote lists 17 numbered republications, with the earliest (R1) dated 31 July 1996 and the latest (R17) dated 9 November 2023. The Act has been amended by over 30 separate legislative instruments since its inception.

The source text does not cite any judicial decisions or litigation history. The Act itself does not refer to any court cases. The endnotes contain only legislative history, not case law. The notes to the Act are explanatory and do not reference case law. Therefore, no litigation history can be provided from the source. It is possible that cases have been decided under this Act (particularly on issues of registration, priorities, or the effect of cancellation), but the text supplied does not name them. Any discussion of litigation would require external research beyond the scope of this deep dive.

Consent of all registered interest holders is mandatory: Section 7(1)(c) requires “the written consent to the registration of the units plan of everyone with a registered estate or interest in the lease of the parcel.” This is not limited to mortgagees; it includes any person with any registered interest (e.g., easement holders, caveators). If a single interest holder refuses consent or cannot be located, the units plan cannot be registered. There is no mechanism in this Act to override a missing consent (unlike some other jurisdictions’ strata legislation that allows a court order). Practitioners must ensure all consents are obtained and lodged.

Revenue certificate must cover multiple tax types and lease variation charges: The certificate from the commissioner for revenue under section 7(1)(d) must certify that no rates, land tax, duty, or lease variation charges are outstanding. The lease variation charge under the Planning Act 2023 is a relatively recent addition (inserted by A2023‑36). It applies to variations of nominal rent leases. Any deferral arrangement must also be referenced. Failure to obtain a comprehensive certificate will prevent registration.

Three‑month window for registration after planning endorsement: Section 7(1) says the registrar‑general must register the plan on lodgment of all documents “within 3 months after the day the plan is endorsed under the Unit Titles Act 2001, section 27.” If the applicant misses that window, the planning endorsement may expire, and a fresh endorsement may be required. The Act does not provide for an extension. The same three‑month deadline applies to lodgment of rule changes (section 27A note) and insurance exemptions (section 27B note) , if not met, the resolution is deemed never made.

Owners corporation charges have no power of sale: The note to section 15 explicitly states: “a registered charge does not give rise to any power of sale over the unit (see s (2) and Unit Titles (Management) Act 2011, s 96 (5)).” This is a critical limitation. An owners corporation that registers a charge for unpaid contributions cannot sell the unit to recover the debt. It must pursue other remedies (e.g., a personal action, or an application to ACAT for an order for sale under the Unit Titles (Management) Act 2011). This contrasts with a mortgagee’s power of sale.

Cancellation authorities have a shelf life: Section 16 says the registrar‑general must register a cancellation authority or order “on the lodgment of the authority or order while it is stated to remain in force.” The Unit Titles Act 2001, section 160 presumably sets the duration of a cancellation authority. If the authority has expired, the registrar‑general cannot register it. The same may apply to amendment authorities , section 19 uses identical wording.

Withdrawal of an unregistered plan returns documents but not the application fee: Section 30 allows the applicant to withdraw the application for registration before the plan is registered. The registrar‑general must endorse the withdrawal and “give the applicant the documents lodged under section 7.” There is no provision for refund of any fee paid. Also, withdrawal ends the registration process entirely; the applicant would need to start again from scratch.

Trusts continue unchanged: Section 31 automatically continues the trustee’s role. If the parcel lease was held on trust, the unit leases are held on the same trusts. This can create unexpected fiduciary obligations for unit owners who may not realise they are trustees. The Act does not require notice to beneficiaries or any registration of trust terms beyond what existed before.

No attestation exemption for most documents: Section 4(3) exempts only three types of documents from the attestation requirement: a document signed by the Minister, an office copy of a court order, and a copy of an ACAT order. All other documents lodged under this Act (e.g., applications, consents, compilations of rules, memoranda of charge) must be attested in accordance with the Land Titles Act, section 48(3). Overlooking attestation can render a document ineffective.

Priority provisions apply only to mortgages and easements carried over: Section 10(2) requires the registrar‑general to enter memorials of mortgages and easements so as to preserve their priority. This applies to interests that existed before registration of the units plan. It does not apply to new interests created after registration (e.g., a new mortgage over a unit). Practitioners must ensure that any priority agreements or variations are separately documented and lodged.

Insurance exemptions for class B units only: Section 27B applies only to a “units plan containing only class B units.” Class B units are defined in the Unit Titles (Management) Act 2011. For mixed‑use or class A schemes, the exemption provisions do not apply. The exemption requires a unanimous resolution and lodgment within three months.

Reissue does not reset priority: Section 22(3) states that reissue “does not have the effect of cancelling the previous registration of the plan.” This means the priority date remains the original registration date. A reissue is merely a copy, not a new registration.

No provision for partial cancellation or subdivision of units: The Act only provides for cancellation of the entire units plan (section 16) or amendment via authorities (section 19). There is no direct mechanism for cancelling only one unit while keeping the rest of the scheme. That would require a cancellation of the whole plan and a new registration.

For a practitioner guiding a client through a unit title transaction or registration, compliance with this Act requires careful attention to the timelines, documents, and registration procedures. The following steps are based on the Act’s provisions.

Step 1: Preparing the units plan. The lessee of the parcel must ensure the plan is prepared in accordance with requirements approved by the registrar‑general (section 6(2)(a)). Those requirements are a notifiable instrument (section 6(3)). The plan must then be endorsed by the territory planning authority under the Unit Titles Act 2001, section 27 (section 6(2)(b)). The three‑month clock starts ticking from that endorsement date (section 7(1)).

Step 2: Obtaining consents and revenue certificate. Before lodging for registration, the applicant must obtain: (a) the written consent of everyone with a registered estate or interest in the parcel lease (section 7(1)(c)); (b) a certificate from the commissioner for revenue confirming no outstanding rates, land tax, duty, or lease variation charges (section 7(1)(d)). The certificate must cover the four specific items , practitioners should apply under the relevant Acts (Duties Act 1999 s 244, Land Tax Act 2004 s 41, Rates Act 2004 s 76, Planning Act 2023 s 346). Any lease variation charges that are deferred must be disclosed (section 7(3)).

Step 3: Compiling alternative rules (if applicable). If the proposed owners corporation rules include any alternative rules, a document compiling those alternative rules must be prepared and lodged with the application (section 7(1)(e)). These will be registered by the registrar‑general (section 27(2)). Alternative rules are not mandatory; if none are proposed, no document is needed.

Step 4: Lodging within three months. All the above documents must be lodged together within three months of the planning endorsement. The registrar‑general will then register the units plan (section 7(1)). On registration, the registrar‑general will cancel the original parcel lease, create unit leases and common property title, and enter memorials of existing interests (section 10). The applicant should confirm that the registrar‑general has notified both the applicant and the territory planning authority (section 7(2)).

Step 5: Post‑registration compliance for owners corporation. Once the scheme is registered, the owners corporation must manage its own compliance under this Act. If it wishes to change its rules (including alternative rules), a special resolution is required under the Unit Titles (Management) Act 2011, section 108. The corporation must then lodge a compilation of the alternative rules and a certificate under schedule 3, section 3.19 of that Act with the registrar‑general within three months (section 27A(2)(a)). If the rules no longer include alternative rules, the corporation should note that the registrar‑general may cancel the entry (note to section 27A). If ACAT declares a rule invalid, the corporation must lodge the declaration (section 27A(2)(b)).

Step 6: Insurance exemptions. For schemes with only class B units, if the corporation wishes to exempt itself from building insurance, a unanimous resolution is required. The corporation must lodge a certificate under schedule 3, section 3.19 within three months (section 27B(2)). Revocation of an exemption also requires a unanimous resolution and lodgment within three months (section 27B(3)). Failure to lodge within time voids the resolution.

Step 7: Registering charges and easements. If the corporation needs to register a charge for unpaid amounts (under the Unit Titles (Management) Act 2011, s 96), a memorandum of charge in registrable form and a certified copy of the declaration must be lodged (section 13). For a discharge, a discharge form and certified copy of the revocation must be lodged (section 14). For an easement declared under the Unit Titles Act 2001, s 36, the corporation must lodge a memorandum of easement, a resolution certificate, and evidence of consent of affected owners (section 11). If the certificate is endorsed by those owners, separate consent is not needed (section 11(3)). Extinguishment follows a similar process (section 12).

Step 8: Notifying change of address. If the corporation changes its address for service, it must lodge a notice of the change under the Unit Titles (Management) Act 2011, section 122(3). The registrar‑general must register it (section 26).

Step 9: Dealing with termination and expiry. If a unit lease terminates, proof of termination must be provided to the registrar‑general, who enters a memorial (section 23). The lessee remains liable for any breach of covenant (section 23(2)). If a new unit lease is granted, the owners corporation (or the new lessee) must lodge a notice under the Unit Titles Act 2001, s 171 for cancellation of the termination memorial (section 24). On expiry of all leases, the registrar‑general will cancel the units plan (section 25).

Step 10: Handling cancellation or amendment. If the entire scheme is to be cancelled, a cancellation authority or order must be lodged while it is in force (section 16). The registrar‑general will cancel the plan, issue new certificates of title, and carry over existing interests (sections 17, 18). For amendments (e.g., boundary changes, unit entitlement changes), the relevant authority (unit entitlement authority, boundary authority, development statement authority) must be lodged (section 19). The registrar‑general may request additional documents showing the amended boundaries or schedules (section 19(2)). For building damage, a final building damage order from ACAT must be lodged (section 20). After any cancellation or amendment, the registrar‑general must notify the territory planning authority (section 21).