Real Property (Unit Titles) Act 1975 (Northern Territory)

This statute governs how unit title instruments are lodged, registered and recorded in the Northern Territory land register once unit title and related schemes are processed under the Land Title Act 2000 (the Principal Act) and the Unit Titles Act 1975 (and later related Acts). The Act mechanically:

Incorporates itself with the Principal Act so that most documents lodged under the Real Property (Unit Titles) Act 1975 are treated as instruments affecting land for purposes of the Principal Act (s 4(1)-(2)).
States when particular unit-related plans and documents are taken to be registered: a registered unit plan, building development plan, notice of conversion or building alteration plan is deemed registered when the Registrar-General records particulars in accordance with s 177 of the Principal Act (s 5(a)-(b)).
Prescribes formal content and lodgement requirements for units plans and related documents, and imposes specific duties on the Registrar-General immediately after registration (see ss 6A, 7, 9, 9B-9H).
Defines the legal effect of registration on ownership and easements: proprietors of parcels become proprietors of units on registration, existing easements are mapped to units or common property, and memoranda and instruments are deemed modified to give effect to the new unit structure (s 8(1)-(5); ss 9E(1)-(4)).
Provides separate registration pathways and documentary checklists for types of documents: units plans, units plan of subdivision/consolidation, notice of conversion, building alteration plans, disclosure statements and variations (ss 7, 9B-9D, 9J-9K).
Imposes procedural effects that can freeze dealings: where an application to the Tribunal for cancellation or alteration of a units plan is served on the Registrar-General, the Registrar-General must register the application and enter a memorial; until the Tribunal order or dismissal is registered, the Registrar-General must not register instruments affecting the unit or eliminating a unit except in accordance with Tribunal order (s 19).

NORTHERN TERRITORY OF AUSTRALIA REAL PROPERTY (UNIT TITLES) ACT 1975 As in force at 10 February 2026 Table of provisions Part I Preliminary matters 1 Short title ......................................................................................... 1 2 Commencement .............................................................................. 1 3 Interpretation ................................................................................... 1 4 Incorporation with Land Title Act 2000 ............................................ 2 5 When units plan and other instruments deemed to be registered......................................................................................... 3 Part II Registration of unit plans 6 Definition.......................................................................................... 3 6A Formal requirements ....................................................................... 3 7 Requirements for registration of units plans .................................... 3 8 Effect of registration of units plan on interests in parcel .................. 5 9 Duties of Registrar-General after registration of units plan .............. 7 Part IIA Registration of units plan of subdivision, units plan of consolidation, &c. 9A Formal requirements ....................................................................... 8 9B Registration of units plan of subdivision and consolidation .............. 8 9C Registration of notice of conversion................................................. 9 9D Registration of building alteration plan ........................................... 10 9DA Requirements for registration of documents .................................. 10 9E Effect of registration of units plan of subdivision and consolidation of interests in units ................................................... 11 9F Duties of the Registrar-General after registration of units plan of subdivision or consolidation ....................................................... 12 9G Duties of Registrar-General after registration of notice of conversion ..................................................................................... 13 9H Duties of the Registrar-General after registration of building alteration plan ................................................................................ 13 Part IIB Registration of disclosure statement and variations 9J Registration of disclosure statement .............................................. 14 9K Variation of disclosure statement................................................... 14

Real Property (Unit Titles) Act 1975 ii Part III Cancellation and alteration of units plan 13 Registration of order for alteration of units plan ............................. 14 14 Duties of Registrar-General on registration of order for alteration of units plan ................................................................... 15 15 Registrar-General to give notice of cancellation or alteration of units plan ....................................................................................... 15 Part IV Miscellaneous 16 Change of address for service of documents ................................ 15 17 Registration of alteration of articles ............................................... 15 18 Registrar-General to register appointment, &c., of administrator .................................................................................. 16 19 No dealings while application for cancellation or alteration of units plan is pending ...................................................................... 16 20 Withdrawal of units plan ................................................................ 16 21 Provisions applicable in relation to trusts ....................................... 17 22 Delivery to Registrar-General of duplicate certificates of title ........ 17 23 Regulations.................................................................................... 17 Part V Transitional matters for Land Title and Related Legislation Amendment Act 2008 24 Application ..................................................................................... 18 ENDNOTES

NORTHERN TERRITORY OF AUSTRALIA

As in force at 10 February 2026

REAL PROPERTY (UNIT TITLES) ACT 1975 An Act to provide for the registration of unit plans and other instruments under the Unit Titles Act, and for other matters Part I Preliminary matters 1 Short title This Act may be cited as the Real Property (Unit Titles) Act 1975. 2 Commencement This Act shall come into operation on a date to be fixed by the Administrator by notice in the Gazette. 3 Interpretation (1) In this Act the Principal Act means the Land Title Act 2000. (2) Where an expression used in this Act is defined in the Unit Titles Act 1975, that expression as so used has the same meaning as in that Act. (3) In Parts III and IV: (a) a reference to a unit is to be taken to be a reference to a building lot; and (b) a reference to a units plan is to be taken to be a reference to a building development plan. (4) This Act does not apply to the registration of an instrument made under the Unit Title Schemes Act 2009. (5) In this Act: prescribed, in relation to fees, means prescribed under the Registration Act 1927.

Part I Preliminary matters Real Property (Unit Titles) Act 1975 2 4 Incorporation with Land Title Act 2000 (1) This Act is incorporated and is to be read as one with the Principal Act. (2) Any document or instrument lodged under this Act with the Registrar-General, other than the following, is, for the purposes of the Principle Act, taken to be an instrument affecting land: (a) a certificate under the Building Act 1993; (b) a certificate under the Planning Act 1999; (c) a resolution of a corporation; (d) the consent of a person having a registered interest in a parcel or unit; (e) a certificate of a corporation; (f) a notice referred to in section 21E(2)(b) of the Unit Titles Act 1975; (g) a certificate referred to in section 21F(1)(d) of the Unit Titles Act 1975. (3) Section 159 of the Principle Act does not apply in relation to the following documents or instruments lodged under this Act with the Registrar-General: (a) a units plan; (b) a units plan of subdivision; (c) units plan of consolidation; (d) a notice of conversion; (e) by-laws under the Unit Titles Act 1975; (f) a building development plan; (g) an application to change to land under section 21FA of the Unit Titles Act 1975; (h) a building alteration plan; (i) a prescribed application form; (j) a notice under section 16(1);

Part II Registration of unit plans Real Property (Unit Titles) Act 1975 3 (k) a disclosure statement; (l) a copy of a Tribunal order. 5 When units plan and other instruments deemed to be registered For the purposes of the Principal Act and of this Act: (a) a units plan, units plan of subdivision, units plan of consolidation, building development plan, notice of a change to land under section 21FA of the Unit Titles Act 1975, notice of conversion or building alteration plan shall be deemed to be registered when the Registrar-General records the particulars in accordance with section 177 of the Principal Act; and (b) every other document or instrument relating to a plan or notice referred to in paragraph (a) lodged under this Act with the Registrar-General shall be deemed to be registered when the Registrar-General records the particulars in accordance with section 177 of the Principal Act. Part II Registration of unit plans 6 Definition In this Part unit, in relation to a condominium development, includes so much of the parcel the subject of the condominium development as is not a unit or common property in a registered units plan in respect of a completed stage of the condominium development. 6A Formal requirements A units plan shall be in accordance with the appropriate form and any prescribed requirements. 7 Requirements for registration of units plans (1) The Registrar-General must, after payment of the prescribed fee and lodgement with the Registrar-General within the period referred to in section 21 of the Unit Titles Act 1975 of: (a) an application in accordance with the appropriate form; and (b) 3 copies of the units plan complying with section 6A and endorsed under section 20 of the Unit Titles Act 1975 by the Surveyor-General; and

Part II Registration of unit plans Real Property (Unit Titles) Act 1975 4 (c) the certificate as to title for the relevant parcel or, in relation to an application in respect of the second or subsequent stage of a condominium development, the certificate as to title for the relevant unit; and (d) the written consent of each person whose consent is required for the registration of the units plan under the provisions applied under subsection (1A); register the units plan. (1A) For this section, the provisions in section 52(2) to (11) of the Land Title Act 2000 (the applied provisions) apply with the following changes: (a) a reference in the applied provisions to the plan is taken to be a reference to the units plan; (b) a reference in section 52(3) of the applied provisions to the lot to be subdivided or a lot to be consolidated is taken to be a reference to the parcel to which the units plan relates; (c) a reference in section 52(10) and (11) of the applied provisions to a subdivision or consolidation is taken to be a reference to the subdivision to which the units plan relates; (d) if the consent of any of the following would otherwise be required for the registration of the units plan under the applied provisions, the consent is not required: (i) a service authority as defined in section 3(1) of the Planning Act 1999; (ii) a referral authority as defined in section 60(1) of that Act for a planning scheme; (iii) a person who has consented in writing to the proposal to which the units plan relates. (1B) Subsection (1A)(d)(iii) has no effect for a person if: (a) the proposal has been changed; and (b) the person has not consented to the change. (1C) Section 210 of the Land Title Act 2000 applies with necessary changes for the issuing of Registrar-General's directions for the applied provisions.

Part II Registration of unit plans Real Property (Unit Titles) Act 1975 5 (2) Subject to subsections (1A) to (1C), the registered proprietor of an estate or interest in a parcel of land to which a units plan for a condominium development relates is taken to have consented to the units plan if: (a) the units plan relates to a second or subsequent stage of the condominium development, the first stage of which has been, before or after the commencement of the Real Property (Unit Titles) Amendment Act 1998, registered; or (b) he or she gave written consent for the applied provisions, or section 11(3) of the Unit Titles Act 1975 as in force immediately before the commencement of the amendment of that Act by the Land Title and Related Legislation Amendment Act 2008, to the proposed subdivision to which the units plan relates; or (c) he or she became the registered proprietor of the estate or interest after the registration of a disclosure statement under section 9J in relation to the condominium development to which the units plan relates. 8 Effect of registration of units plan on interests in parcel (1) If, immediately before the registration of a units plan, a person was the proprietor of a registered interest in: (a) in the case of a units plan relating to a second or subsequent stage of a condominium development – a unit included as described in section 6; and (b) in any other case – the parcel, he shall be deemed to be, on the registration of the units plan, the proprietor of a registered interest in each unit, as if: (c) on the date on which the memorandum creating the first- mentioned registered interest was executed, the registered proprietor had been the proprietor of all the units and that memorandum had, as the case required, been executed by him accordingly; and (d) the first-mentioned registered interest had been a registered interest of all the units and not of the parcel or unit, as the case may be. (2) If, immediately before the registration of a units plan, a person was the registered proprietor of an easement over portion of the parcel, he shall be deemed to be, on the registration of the units plan, the proprietor of an easement over so much of the land comprised in

Part II Registration of unit plans Real Property (Unit Titles) Act 1975 6 the common property and each unit as was affected by the first- mentioned easement; as if: (a) on the date on which the memorandum creating the first- mentioned easement was executed, the proprietor or the lessee of the parcel on that date had been the proprietor or the lessee of the common property and the unit or units, as the case may be, and that memorandum had been executed by him accordingly; and (b) the first-mentioned easement had been an easement over the common property or the unit or units, as the case may be, and not over that portion of the parcel. (3) If, immediately before the registration of a units plan the registered proprietor of the parcel was, in respect of that parcel, the proprietor of an easement over any other land, upon the registration of the units plan: (a) each proprietor of a unit shall be the proprietor of that easement in respect of his unit; and (b) the proprietor of the common property shall be the proprietor of that easement in respect of the common property, as a dominant tenement, notwithstanding that the units or common property may not be contiguous with the servient tenement. (4) On and after the registration of a units plan, the memorandum of a registered interest referred to in subsection (1) and the memoranda of easements referred to in subsections (2) and (3) and any instrument or other document relating to the parcel or the lease of the parcel or to that registered interest or easement shall be deemed to be modified in such manner as is necessary to give effect to subsections (1), (2) and (3). (5) In this section: (aa) except in subsection (1)(b), parcel includes a unit referred to in subsection (1)(a); (a) registered proprietor of an easement and proprietor of an easement include a person in whose favour an easement is reserved in the land register; and (b) a reference to a memorandum creating an easement and the date of its execution includes a reference to the reservation of an easement in the land register, and the date of that reservation.

Part II Registration of unit plans Real Property (Unit Titles) Act 1975 7 (6) In this section: (a) a reference to a unit (other than a reference in subsection (1)) is to be taken to be a reference to a building lot; and (b) a reference to a units plan (other than a reference in subsection (1)) is to be taken to be a reference to a building development plan. 9 Duties of Registrar-General after registration of units plan Immediately after the registration of a units plan or a building development plan, the Registrar-General shall: (a) in the case of a units plan that does not relate to a second or subsequent completed stage of a condominium development: (i) cancel the certificate as to title; and (ii) issue to the relevant corporation a certificate as to title for the common property in accordance with the prescribed form; and (b) in the case of a units plan relating to a second or subsequent completed stage of a condominium development – cancel the certificate of title and the duplicate of that certificate for the unit (other than a unit in a previously completed stage of the condominium development) held by the developer; and (c) issue, in accordance with the prescribed form, a certificate as to title for each unit to the person who, by force of section 23 of the Unit Titles Act 1975, is the proprietor of the unit; and (ca) issue, in accordance with the prescribed form, a certificate as to title for each building lot to the person who, by force of section 26ZQ of the Unit Titles Act 1975, is the proprietor of the building lot; and (d) in the case of a units plan relating to any completed stage of a condominium development – issue to the developer a certificate as to title for the unit comprising the balance, if any, of the parcel; and (da) enter on each certificate as to title issued a memorial of any registered interest to which, by force of section 8, or by force of section 23 or 26ZQ of the Unit Titles Act 1975, the unit or building lot is subject and, if it is subject to 2 or more registered interests, enter the memorials in such manner as to preserve their priority; and

Part IIA Registration of units plan of subdivision, units plan of consolidation, &c. Real Property (Unit Titles) Act 1975 8 (e) enter on the registered instrument evidencing or creating such a registered interest and on its duplicate copy a memorial that it has effect in accordance with section 8 or in accordance with section 23 or 26ZQ of the Unit Titles Act 1975, as the case may be; and (ea) where the units plan relates to a completed stage of a condominium development record that fact in such manner as he thinks fit on the units plan and on each certificate as to title issued under this section as a result of its registration; and (f) enter on a certificate as to title issued under this section a memorial of any easement in respect of which, by force of section 8(3), the unit or building lot, and the common property, are the dominant tenements; and (g) record in the land register in respect of the servient tenement a note that the easement has effect in accordance with section 8(3); and (h) deliver a copy of the units plan or building development plan to the applicant or person entitled to it and another copy to the local government council for the local government area in which the parcel is situated or, if the parcel is not situated in a local government area, to the Minister. Part IIA Registration of units plan of subdivision, units plan of consolidation, &c. 9A Formal requirements A units plan of subdivision, units plan of consolidation, building development plan, change to land under section 21FA of the Unit Titles Act 1975, notice of conversion or building alteration plan shall be in accordance with the appropriate form and any prescribed requirements. 9B Registration of units plan of subdivision and consolidation Subject to section 9DA, the Registrar-General shall, on lodgement with him of: (a) an application in the appropriate form; and (b) 3 copies of the units plan of subdivision or units plan of consolidation in accordance with Part IIIA of the Unit Titles Act 1975 and section 9A of this Act; and (c) the certificate as to title for the relevant unit or units; and

Part IIA Registration of units plan of subdivision, units plan of consolidation, &c. Real Property (Unit Titles) Act 1975 9 (d) in the case of a units plan of subdivision – the certificate or certificates required by section 21B(2)(c) of the Unit Titles Act 1975 to accompany the units plan of subdivision; and (e) a certified copy of the unanimous resolution of the corporation referred to in section 21A(b)(i) of the Unit Titles Act 1975; and (g) the duplicate copy of every instrument evidencing or creating an estate or interest in the units subdivided or consolidated to which a consent referred to in paragraph (f) relates; and (h) the certificate of the corporation under section 21D(b) of the Unit Titles Act 1975; and (j) in the case of a subdivision, a certificate of a licensed surveyor referred to in section 21B(2)(b) of the Unit Titles Act 1975, register the units plan of subdivision or units plan of consolidation. 9C Registration of notice of conversion Subject to section 9DA, the Registrar-General shall, after payment of the prescribed fee and lodgement with the Registrar-General of: (a) 3 copies of the notice of conversion executed in accordance with section 21E of the Unit Titles Act 1975 and in accordance with section 9A of this Act; and (b) the certificates as to title for the relevant units; and (c) the discharge or surrender of all registered interests, other than easements, as referred to in section 21E(2)(a) of the Unit Titles Act 1975; and (d) a certified copy of the notice referred to in section 21E(2)(b) of the Unit Titles Act 1975; and (e) a certified copy of the unanimous resolution of the corporation referred to in section 21A(b)(i) of the Unit Titles Act 1975; and (f) the certificate of the corporation under section 21D(b) of the Unit Titles Act 1975; register the notice of conversion.

Part IIA Registration of units plan of subdivision, units plan of consolidation, &c. Real Property (Unit Titles) Act 1975 10 9D Registration of building alteration plan Subject to section 9DA, the Registrar-General shall, after payment of the prescribed fee and lodgement with the Registrar-General within the period referred to in section 21F(1) of the Unit Titles Act 1975, of: (a) an application in the appropriate form; and (b) 3 copies of the building alteration plan in accordance with section 21F(1) of the Unit Titles Act 1975 and in accordance with section 9A of this Act; and (c) the certificate as to title for the relevant unit; and (d) a certificate of a licensed surveyor referred to in section 21F(1)(d) of the Unit Titles Act 1975; and (e) a certified copy of the unanimous resolution by the corporation referred to in section 21A(b)(i) of the Unit Titles Act 1975; and (f) the relevant certificate under section 40 of the Building Act 1993; register the building alteration plan. 9DA Requirements for registration of documents (1) For the registration of a document covered by section 9A, the provisions in section 52(2) to (11) of the Land Title Act 2000 (the applied provisions) apply with the following changes: (a) a reference in the applied provisions to the plan is taken to be a reference to the document; (b) a reference in section 52(3) of the applied provisions to the lot to be subdivided or a lot to be consolidated is taken to be a reference to the parcel to which the document relates; (c) a reference in section 52(10) and (11) of the applied provisions to a subdivision or consolidation is taken to be a reference to the subdivision, consolidation, conversion, alteration or change to which the document relates; (d) if the consent of any of the following would otherwise be required for the registration of the document under the applied provisions, the consent is not required: (i) a service authority as defined in section 3(1) of the Planning Act 1999;

Part IIA Registration of units plan of subdivision, units plan of consolidation, &c. Real Property (Unit Titles) Act 1975 11 (ii) a referral authority as defined in section 60(1) of that Act for a planning scheme; (iii) a person who has consented in writing to the proposal to which the document relates. (2) Subsection (1)(d)(iii) has no effect for a person if: (a) the proposal has been changed; and (b) the person has not consented to the change. (3) Section 210 of the Land Title Act 2000 applies with necessary changes for the issuing of Registrar-General's directions for the applied provisions. 9E Effect of registration of units plan of subdivision and consolidation of interests in units (1) If, immediately before the registration of a units plan of subdivision or a units plan of consolidation a person was the proprietor of a registered interest in the unit or units affected by the subdivision or consolidation, he shall be deemed to be, on that registration, the proprietor of a registered interest in the subdivided units or consolidated unit, as the case may be, as if: (a) on the date on which the memorandum creating the first- mentioned registered interest was executed, the registered proprietor had been the proprietor of the subdivided units or consolidated unit, and that memorandum had been executed by him accordingly; and (b) the first-mentioned registered interest had been a registered interest of the subdivided units or consolidated unit. (2) If, immediately before the registration of a units plan of subdivision or units plan of consolidation, a person was the registered proprietor of an easement over portion of the common property or unit being subdivided or units being consolidated, he shall be deemed to be, on the registration of the units plan of subdivision or units plan of consolidation, the proprietor of an easement over so much of the land comprised in the new unit or units as was affected by the first-mentioned easement, as if: (a) on the date on which the memorandum creating the first- mentioned easement was executed, the proprietor or the lessee of the common property or unit being subdivided or units being consolidated on that date had been the proprietor or the lessee of the new unit or units, and that memorandum had been executed by him accordingly; and

Part IIA Registration of units plan of subdivision, units plan of consolidation, &c. Real Property (Unit Titles) Act 1975 12 (b) the first-mentioned easement had been an easement over the new unit or units, and not over the common property or unit being subdivided or units being consolidated. (3) If, immediately before the registration of a units plan of subdivision or units plan of consolidation, the registered proprietor of the common property or unit being subdivided or units being consolidated was, in respect of that land, the proprietor of an easement over any other land, upon the registration of the units plan of subdivision or units plan of consolidation, each proprietor of a unit shall be the proprietor of that easement in respect of his unit as a dominant tenement, notwithstanding that the unit may not be contiguous with the servient tenement. (4) On and after the registration of a units plan of subdivision or units plan of consolidation, the memorandum of registered interest referred to in subsection (1) and the memorandum of easements referred to in subsections (2) and (3) and any instrument or other document relating to the common property or unit being subdivided or units being consolidated or the lease of the common property or unit being subdivided or units being consolidated or to that registered interest or easement shall be deemed to be modified in such manner as is necessary to give effect to subsections (1), (2) and (3). (5) In this section: (a) registered proprietor of an easement and proprietor of an easement include a person in whose favour an easement is reserved in the land register; and (b) a reference to a memorandum creating an easement and the date of its execution includes a reference to the reservation of an easement in the land register, and the date of that reservation. 9F Duties of the Registrar-General after registration of units plan of subdivision or consolidation Immediately after registration of the units plan of subdivision or consolidation the Registrar-General shall: (a) make appropriate amendments to the land register in respect of the relevant unit or units; and (b) issue, in accordance with the prescribed form, a certificate as to title for each unit to the person who, by force of section 23 of the Unit Titles Act 1975, is the proprietor of the unit; and

Part IIA Registration of units plan of subdivision, units plan of consolidation, &c. Real Property (Unit Titles) Act 1975 13 (c) enter on each relevant certificate as to title so issued a memorial of any registered interest to which, by force of section 9E, the unit is subject and, if it is subject to 2 or more registered interests, enter the memorials in such manner as to preserve their priority; and (d) enter on the instrument evidencing or creating such interests and on its duplicate copy a memorial that it has effect in accordance with section 9E; and (e) enter in the land register a memorial of any registered interest in respect of which, by force of section 9E(3), the unit is the dominant tenement; and (f) enter in the land register in respect of the servient tenement a note that the registered interest has effect in accordance with section 9E(3); and (g) deliver a copy of the units plan of subdivision or units plan of consolidation to the applicant or the person entitled to it and another copy to the local government council for the local government area in which the relevant unit, is or units are situated or, if the unit is not or units are not situated in a local government area, to the Minister. 9G Duties of Registrar-General after registration of notice of conversion Immediately after the registration of a notice of conversion referred to in section 9C, the Registrar-General shall: (a) make appropriate amendments to the land register; and (b) deliver a copy of the notice of conversion and a copy of the schedule of unit entitlements to the applicant or the person entitled to it and another copy of both those documents to the local government council for the local government area in which the unit is, or units are, situated or if the unit is not or units are not situated in a local government area, to the Minister. 9H Duties of the Registrar-General after registration of building alteration plan Immediately after the registration of a building alteration plan referred to in section 9D, the Registrar-General shall: (a) make in the land register such record of the building alteration plan as he thinks fit; and

Part III Cancellation and alteration of units plan Real Property (Unit Titles) Act 1975 14 (b) deliver a copy of the building alteration plan to the applicant or to the person entitled to it and another copy to the local government council for the local government area in which the unit is situated or, if the unit is not situated in a local government area, to the Minister. Part IIB Registration of disclosure statement and variations 9J Registration of disclosure statement The Registrar-General shall, after payment of the prescribed fee and lodgement with him, in accordance with section 26E(1), 26T(1) or 26ZI(3)(a) of the Unit Titles Act 1975, of a copy of a disclosure statement, enter the details in the land register in an appropriate way so as to affect each part of the land that comprises the balance of the parcel (except in the case of disclosure statement relating to an estate development of a Crown lease). 9K Variation of disclosure statement The Registrar-General shall, after payment of the prescribed fee and lodgement with the Registrar-General of the disclosure statement referred to in section 26J(2)(a) or 26W(2)(a) of the Unit Titles Act 1975 or a variation of a disclosure statement in accordance with section 26ZK or 26ZM of that Act, a notice in writing in pursuance of section 26J(3) or 26W(4) or an instrument of approval referred to in section 26W(5), of the Minister's approval of that disclosure statement, replace the original disclosure statement with the disclosure statement so lodged and cause to be made in the land register such notations as he thinks fit to record that fact. Part III Cancellation and alteration of units plan 13 Registration of order for alteration of units plan On the lodgment with the Registrar-General of an office copy of an order made by the Tribunal under section 99 of the Unit Titles Act 1975 for the alteration of a units plan, together with a copy of the schedule of unit entitlement altered in accordance with the order, together with the prescribed fee, the Registrar-General shall register those documents.

Part IV Miscellaneous Real Property (Unit Titles) Act 1975 15 14 Duties of Registrar-General on registration of order for alteration of units plan Immediately after the registration of an order for the alteration of a units plan, the Registrar-General shall: (a) make appropriate amendments to the land register; and (b) enter on the units plan such memorials as are necessary to give effect to the order. 15 Registrar-General to give notice of cancellation or alteration of units plan Immediately after the registration of an order for the cancellation or alteration of a units plan, the Registrar-General shall give written notice of the registration of the order to the local government council for the local government area in which the parcel is situated, or if the parcel is not situated in a local government area, the Registrar-General shall give the written notice to the Minister. Part IV Miscellaneous 16 Change of address for service of documents (1) Where the address for service of documents shown on a units plan or building development plan, or in the land register for common property, is changed, the corporation shall, in accordance with the prescribed form, together with the prescribed fee, give notice of the change to the Registrar-General. Maximum penalty: 20 penalty units. (2) On receipt of a notice under subsection (1), the Registrar-General shall endorse on the units plan or a building development plan or, if he thinks fit, in the land register for the common property, a memorial of the change of address. 17 Registration of alteration of articles On the lodgment with the Registrar-General of a copy of a special resolution, certified under the seal of the corporation as a true copy of the resolution, altering the articles of the corporation, together with the prescribed fee, the Registrar-General shall register the resolution in such manner as he thinks fit in the land register.

Part IV Miscellaneous Real Property (Unit Titles) Act 1975 16 18 Registrar-General to register appointment, &c., of administrator On the lodgment with the Registrar-General of an office copy of an order made by the Tribunal under Part VII of the Unit Titles Act 1975 appointing, removing or replacing an administrator of a corporation, together with the prescribed fee, the Registrar-General shall register the order in such manner as he thinks fit in the land register. 19 No dealings while application for cancellation or alteration of units plan is pending (1) If a copy of an application made to the Tribunal under section 98 of the Unit Titles Act 1975 is served on the Registrar-General, the Registrar-General must: (a) register the copy of the application; and (b) enter on the units plan a memorial that the application has been made. (2) On the service on the Registrar-General of an office copy of an order for the cancellation of a units plan, of an order for the alteration of a units plan or of an order dismissing an application for such an order, the Registrar-General must enter on the units plan a further memorial stating the effect of the order. (3) After a memorial is entered on a units plan under subsection (1), and until a further memorial is entered on the units plan under subsection (2), the Registrar-General must not, except in accordance with an order of the Tribunal, register any instrument: (a) in the case of an application for an order for the cancellation of the units plan – affecting a unit; or (b) in the case of an application for an order for the alteration of the units plan providing for the elimination of a unit – affecting that unit. 20 Withdrawal of units plan (1) At any time after the lodgment with the Registrar-General of an application for the registration of a units plan and before the units plan is registered, the applicant may apply in writing to the Registrar-General for the withdrawal of the application for registration.

Part IV Miscellaneous Real Property (Unit Titles) Act 1975 17 (2) The Registrar-General shall, on the receipt of an application under subsection (1), endorse the application for the registration of the units plan as being withdrawn and deliver to the applicant the documents lodged under section 7. 21 Provisions applicable in relation to trusts (1) If, immediately before the registration of a units plan, the proprietor held the parcel as trustee, that person must, upon the registration of the units plan, hold the units defined in the units plan in trust for the persons for whom, and the purposes for which, the parcel was so held. (2) If, immediately before the registration of an order for the cancellation of a units plan, the proprietor of a unit held the unit as trustee, that person must, upon the registration of the order, hold the share in the estate, or the whole estate, as the case may be, of which he becomes possessed under section 20 of the Termination of Units Plans and Unit Title Schemes Act 2014 in trust for the persons for whom, and the purposes for which, the unit was so held. 22 Delivery to Registrar-General of duplicate certificates of title (1) The Registrar-General may, by notice in writing, require a person having in his possession, custody or control the certificate as to title for a unit the title of which has been determined to deliver it, within a time specified in the notice, to the Registrar-General for cancellation. (2) A person who fails to comply with a requirement made under subsection (1) is guilty of an offence and is punishable, on being found guilty, by a fine not exceeding 20 penalty units. 23 Regulations The Administrator may make regulations, not inconsistent with this Act, prescribing matters: (a) required or permitted by this Act to be prescribed; or (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act, and in particular prescribing: (c) fees and charges in relation to an act or thing under this Act; and (d) forms to be used.

Part V Transitional matters for Land Title and Related Legislation Amendment Act 2008 Real Property (Unit Titles) Act 1975 18 Part V Transitional matters for Land Title and Related Legislation Amendment Act 2008 24 Application (1A) However, the amendments do not apply to a units plan or document that relate to 1 or both of the following: (a) a development permit or exceptional development permit for the carrying out of works on or in relation to land, that was in force under the Planning Act 1999 immediately before the commencement; (b) a building permit that was in force under the Building Act 1993 immediately before the commencement. (1B) The regulations may provide for a matter that is of a savings or transitional nature consequent on the enactment of the Land Title and Related Legislation Amendment Act 2008. (1C) A regulation mentioned in subsection (1B) may have retrospective operation only to the extent to which the regulation: (a) does not have effect before the commencement of this section; and (b) does not disadvantage a person (other than the Territory or a Territory authority) by decreasing the person's rights or imposing liabilities on the person. (1D) Subsection (1B) and any regulation made under the subsection cease to have effect 1 year after the commencement of this section. (2) In this section: amendments means the amendments made to this Act by the Land Title and Related Legislation Amendment Act 2008. commencement means the commencement of the amendments.

ENDNOTES Real Property (Unit Titles) Act 1975 19 ENDNOTES 1 KEY Key to abbreviations amd = amended od = order app = appendix om = omitted bl = by-law pt = Part ch = Chapter r = regulation/rule cl = clause rem = remainder div = Division renum = renumbered exp = expires/expired rep = repealed f = forms s = section Gaz = Gazette sch = Schedule hdg = heading sdiv = Subdivision ins = inserted SL = Subordinate Legislation lt = long title sub = substituted nc = not commenced 2 LIST OF LEGISLATION Real Property (Unit Titles) Ordinance 1975 (Act No. 18, 1976) Assent date 2 April 1976 Commenced 29 October 1976 (Gaz No. 44, 29 October 1976, p 1308) Real Property (Unit Titles) Ordinance 1976 (Act No. 47, 1976) Assent date 29 October 1976 Commenced 29 October 1976 Transfer of Powers Self-Government) Ordinance 1978 (Act No. 54, 1978) Assent date 1 July 1978 Commenced 1 July 1978 (s 2) Real Property (Unit Titles) Amendment Act 1986 (Act No. 25, 1986) Assent date 30 June 1986 Commenced 23 December 1987 (s 2, s 2 Unit Titles Amendment Act 1986 (Act No. 24, 1986) and Gaz S82, 23 December 1987) Real Property (Consequential Amendments) Act 1991 (Act No. 33, 1991) Assent date 25 June 1991 Commenced 1 October 1991 (Gaz S49, 1 October 1991) Registration (Consequential Amendments) Act 1991 (Act No. 55, 1991) Assent date 26 September 1991 Commenced 1 January 1992 (s 2, s 2 Registration Amendment Act 1991 (Act No. 54, 1991) and Gaz G49, 11 December 1991, p 4) Statute Law (Miscellaneous Amendments) Act 1991 (Act No. 77, 1991) Assent date 16 December 1991 Commenced 16 December 1991

ENDNOTES Real Property (Unit Titles) Act 1975 20 Real Property (Unit Titles) Amendment Act 1993 (Act No. 64, 1993) Assent date 3 November 1993 Commenced 1 June 1993 (s 2, s 2 Unit Titles Amendment Act 1993 (Act No. 9, 1993) and Gaz G26, 30 June 1993, p 4) Local Government (Consequential Amendments) Act 1993 (Act No. 84, 1993) Assent date 31 December 1993 Commenced 1 June 1994 (s 2, s 2 Local Government Act 1993 (Act No. 83, 1993) and Gaz S35, 20 May 1994) Sentencing (Consequential Amendments) Act 1996 (Act No. 17, 1996) Assent date 19 April 1996 Commenced s 7: 19 April 1996; rem: 1 July 1996 (s 2, s 2 Sentencing Act 1995 (Act No. 39, 1995) and Gaz S15, 13 June 1996) Real Property (Unit Titles) Amendment Act 1998 (Act No. 32, 1998) Assent date 11 May 1998 Commenced 20 May 1998 (Gaz G19, 20 May 1998, p 2) Real Property (Unit Titles) Amendment Act 1999 (Act No. 16, 1999) Assent date 5 May 1999 Commenced 9 June 1999 (s 2, s 2 Real Property Amendment Act 1999 (Act No. 16, 1999) and Gaz G22, 9 June 1999, p 5) Land Title (Consequential Amendments) Act 2000 (Act No. 45, 2000) Assent date 12 September 2000 Commenced 1 December 2000 (s 2, s 2 Land Title Act 2000 (Act No. 2, 2000) and Gaz G38, 27 September 2000, p 2) Unit Titles (Consequential Amendments – Building Development) Act 2001 (Act No. 15, 2001) Assent date 28 June 2001 Commenced 1 March 2002 (s 2, s 2 Unit Titles Amendment Act 2001 (Act No. 14, 2001) and Gaz G8, 27 February 2002, p 6) Land Title and Related Legislation Amendment Act 2008 (Act No. 3, 2008) Assent date 11 March 2008 Commenced pt 6: 18 March 2009 (Gaz G11, 13 March 2009, p 4); rem: 1 July 2009 (Gaz S30, 26 June 2009) Local Government (Consequential Amendments) Act 2008 (Act No. 28, 2008) Assent date 14 November 2008 Commenced 1 July 2008 (s 2) Unit Title Schemes Act 2009 (Act No. 14, 2009) Assent date 26 May 2009 Commenced pt 2.3, div 3, sdv 4 and s 135 (to ext ins s 54C): 1 January 2010; s 111: 1 July 2010; rem: 1 July 2009 (s 2, Gaz S30, 26 June 2009, p 1, s 2 Land Title and Related Legislation Amendment Act 2008 (Act No. 3, 2008) and Gaz S30, 26 June 2009, p 1) Justice Legislation Amendment (Penalties) Act 2010 (Act No. 12, 2010) Assent date 20 May 2010 Commenced 1 July 2010 (Gaz G24, 16 June 2010, p 2)

ENDNOTES Real Property (Unit Titles) Act 1975 21 Local Government Amendment Act 2014 (Act No. 19, 2014) Assent date 2 June 2014 Commenced s 16: 1 July 2014; s 18: 1 December 2014; rem: 2 June 2014 (s 2) Termination of Units Plans and Unit Title Schemes Act 2014 (Act No. 48, 2014) Assent date 8 December 2014 Commenced 1 January 2015 (s 2) Statute Law Revision Act 2023 (Act No. 4, 2023) Assent date 2 March 2023 Commenced 3 March 2023 (s 2) Statute Law Revision and Repeals Act 2026 (Act No. 3, 2026) Assent date 9 February 2026 Commenced 10 February 2026 (s 2) 3 GENERAL AMENDMENTS General amendments of a formal nature (which are not referred to in the table of amendments to this reprint) are made by the Interpretation Legislation Amendment Act 2018 (Act No. 22, 2018) to: ss 1, 3, 4, 5, 7, 9, 9A, 9B, 9C, 9D, 9DA, 9F, 9J, 9K, 13, 18, 19, 21 and 24. 4 LIST OF AMENDMENTS lt amd No. 25, 1986, s 17; No. 14, 2009, s 150 pt 1 hdg ins No. 4, 2023, s 23 ss 1 – 2 amd No. 25, 1986, s 17 s 3 amd No. 25, 1986, ss 4 and 17; No. 55, 1991, s 6; No. 45, 2000, s 11; No. 15, 2001, s 9; No. 14, 2009, s 151 s 4 amd No. 25, 1986, ss 5 and 17; No. 45, 2000, s 11; No. 15, 2001, s 9; No. 3, 2026, s 56 s 5 sub No. 25, 1986, s 6 amd No. 45, 2000, s 11; No. 15, 2001, s 9 s 6 sub No. 25, 1986, s 7 s 6A ins No. 25, 1986, s 7 amd No. 45, 2000, s 11 s 7 amd No. 47, 1976, s 2; No. 54, 1978, s 4 sub No. 25, 1986, s 7 amd No. 33, 1991, s 7; No. 55, 1991, s 8; No. 32, 1998, s 3; No. 16, 1999, s 3; No. 45, 2000, s 11; No. 3, 2008, s 22 s 8 amd No. 47, 1976, s 4; No. 25, 1986, s 8; No. 33, 1991, s 7; No. 45, 2000, s 11; No. 15, 2001, s 9 s 9 amd No. 47, 1976, s 5; No. 25, 1986, s 9; No. 33, 1991, s 7; No. 55, 1991, s 8; No. 84, 1993, s 6; No. 45, 2000, s 11; No. 15, 2001, s 9; No. 28, 2008, s 3; No. 19, 2014, s 26 pt IIA hdg ins No. 25, 1986, s 10 s 9A ins No. 25, 1986, s 10 amd No. 45, 2000, s 11; No. 15, 2001, s 9 s 9B ins No. 25, 1986, s 10 amd No. 33, 1991, s 7; No. 45, 2000, s 11; No. 3, 2008, s 23 s 9C ins No. 25, 1986, s 10 amd No. 33, 1991, s 7; No. 55, 1991, s 8; No. 3, 2008, s 24

ENDNOTES Real Property (Unit Titles) Act 1975 22 s 9D ins No. 25, 1986, s 10 amd No. 33, 1991, s 7; No. 55, 1991, s 8; No. 45, 2000, s 11; No. 3, 2008, s 25; No. 4, 2023, s 23 s 9DA ins No. 3, 2008, s 26 s 9E ins No. 25, 1986, s 10 amd No. 33, 1991, s 7; No. 45, 2000, s 11 ss 9F – 9H ins No. 25, 1986, s 10 amd No. 33, 1991, s 7; No. 84, 1993, s 6; No. 45, 2000, s 11; No. 28, 2008, s 3; No. 19, 2014, s 26 pt IIB hdg ins No. 25, 1986, s 10 s 9J ins No. 25, 1986, s 10 amd No. 33, 1991, s 7; No. 55, 1991, s 8 sub No. 64, 1993, s 3 amd No. 45, 2000, s 11; No. 15, 2001, s 9 s 9K ins No. 25, 1986, s 10 amd No. 55, 1991, s 8; No. 64, 1993, s 4; No. 45, 2000, s 11; No. 15, 2001, s 9; No. 3, 2026, s 57 s 10 amd No. 25, 1986, s 17; No. 55, 1991, s 8 rep No. 48, 2014, s 32 s 11 amd No. 25, 1986, s 17 rep No. 48, 2014, s 32 s 12 amd No. 25, 1986, s 17; No. 33, 1991, s 7; No. 45, 2000, s 11 rep No. 48, 2014, s 32 s 13 amd No. 25, 1986, s 17; No. 55, 1991, s 8; No. 3, 2026, s 58 s 14 amd No. 33, 1991, s 7; No. 45, 2000, s 11 s 15 amd No. 54, 1978, s 4; No. 84, 1993, s 6; No. 28, 2008, s 3; No. 19, 2014, s 26 s 15A ins No. 25, 1986, s 11 rep No. 48, 2014, s 32 s 16 sub No. 25, 1986, s 12 amd No. 33, 1991, s 7; No. 55, 1991, s 8; No. 45, 2000, s 11; No. 15, 2001, s 9; No. 12, 2010, s 3 s 17 amd No. 25, 1986, s 13; No. 33, 1991, s 7; No. 55, 1991, s 8; No. 77, 1991, s 13; No. 45, 2000, s 11 s 18 amd No. 25, 1986, ss 14 and 17; No. 55, 1991, s 8; No. 77, 1991, s 13; No. 45, 2000, s 11; No. 3, 2026, s 59 s 19 amd No. 25, 1986, s 17; No. 3, 2026, s 60 s 21 amd No. 46, 1976, s 6; No. 25, 1986, s 17; No. 3, 2026, s 61 s 22 amd No. 25, 1986, s 17; No. 17, 1996, s 6; No. 45, 2000, s 11; No. 15, 2001, s 9 s 23 ins No. 25, 1986, s 15 pt V hdg ins No. 3, 2008, s 27 s 24 ins No. 3, 2008, s 27 amd No. 14, 2009, s 152 First sch amd No. 54, 1978, s 4 rep No. 25, 1986, s 16 Second sch rep No. 25, 1986, s 16

1 Real Property (Unit Titles) Act 1975

The Act’s central organising concepts are registration, the Registrar-General’s duties, units plans and related documents, the conversion of parcel-level interests into unit-level interests, and the memorialisation of rights and constraints on the land register.

Registration and deemed registration: The Act ties legal effect to the Registrar-General’s act of recording particulars under section 177 of the Principal Act. Units plans and many related instruments are deemed registered once particulars are recorded (s 5). This makes registration the pivotal event that transforms rights and titles from parcel-based to unit-based forms (s 8).
Units plans and building development plans: A units plan is the graphical and documentary instrument that defines units, unit entitlements and common property; it must comply with formal requirements and prescribed forms (ss 6A, 9A). Units plans of subdivision and consolidation, notices of conversion and building alteration plans have tailored lodgement and certification requirements and cross-reference the Unit Titles Act and the Principal Act (ss 9B-9D, 9DA).
Deeming and mapping of interests: When a units plan is registered, the Act deems the proprietor of the parcel to be the proprietor of each relevant unit (s 8(1)). Existing easements over portions of the parcel become easements over affected parts of common property and units (s 8(2)). Easements where the parcel was dominant become easements where each unit and the common property are the dominant tenement, even if non-contiguous with the servient tenement (s 8(3)). The Act requires that instruments and memoranda be deemed modified as necessary to give effect to these changes, which affects the textual operation of prior instruments without re-executing them (s 8(4)).
Registrar-General’s duties and memorials: The Registrar-General must carry out specific acts immediately after registration: cancel or issue certificates as to title, enter memorials of registered interests and easements on certificates to preserve priority, make land register amendments, deliver copies of plans or notices to local government or the Minister, and record completed stages of condominium developments (s 9; ss 9F-9H). Memorials and entry practices preserve priority and make public the new status of titles.
Applied provisions and consents: The Act applies parts of the Principal Act (notably s 52(2)-(11) via s 7(1A) and s 9DA) with specified changes. It also excludes the need for consents from service authorities, referral authorities and persons who have already consented in writing in specified circumstances (s 7(1A)(d); s 9DA(1)(d)). Where proposals change after prior consents, the exclusion may not apply (s 7(1B) and s 9DA(2)).
Disclosure statements and variations: The Registrar-General registers disclosure statements and variations in accordance with the Unit Titles Act sections cited in ss 9J-9K; entries are made in the land register so that the balance of the parcel is affected appropriately (s 9J).
Procedural freezes and Tribunal interaction: Service of an application to the Tribunal under section 98 of the Unit Titles Act causes the Registrar-General to register the application and enter a memorial on the units plan, which prevents registration of instruments affecting the unit until the Tribunal’s order or dismissal is registered (s 19). Orders for alteration or cancellation made by the Tribunal must be lodged and registered; the Registrar-General then amends the register accordingly (ss 13-15).
Trusts and trustees: If a proprietor held the parcel as trustee immediately before registration, the trustee continues to hold units in trust for the same beneficiaries and purposes after registration (s 21(1)). Similar trust continuity applies on cancellation orders (s 21(2)).
Penalties and administrative requirements: There are statutory penalties for failing to comply with certain registrar requirements: e.g., failure to lodge change of address for service attracts a maximum penalty of 20 penalty units (s 16(1)); failure to deliver duplicate certificates when required carries a fine up to 20 penalty units (s 22(2)).

These concepts combine to turn the register into a recordable, prioritised ledger of unit-title interests and constraints, while preserving the legal effect of prior instruments by deeming modifications and requiring memorials to preserve priorities (ss 8(4), 9(da)-(e), 9F(c)-(d)). The Act repeatedly cross-references the Unit Titles Act 1975 and the Principal Act, so its operation is procedural and contingent on rules in those Acts (s 3(1)-(2); multiple references across Pt II and Pt IIA).

The Act names the actors who transact, record or are affected by unit-title events. Those include:

Registered proprietors and purchasers: Proprietors of parcels become proprietors of units on the registration of a units plan (s 8(1)). Prospective purchasers must therefore consider whether a units plan is lodged or memorialised, because ownership and registered interests may be remapped into unit entitlements upon registration (s 5; s 8).
Developers: Developers seeking registration of stages of condominium developments must lodge units plans, certificates as to title and other materials within the periods specified in the Unit Titles Act; the Registrar-General will cancel duplicate or prior certificates of title and issue unit-level certificates to proprietors and developers as required (s 7(1); s 9(d)). The Act also allows the Registrar-General to record that a units plan relates to a completed stage and to cancel the developer’s duplicate certificate in certain circumstances (s 9(b), (ea)).
Corporations (bodies corporate under Unit Titles Act): The relevant corporation receives certificates as to title for common property and may need to provide certified copies of unanimous resolutions, certificates and approvals for subdivision/consolidation, conversion and building alterations (ss 9B(e), 9C(e), 9D(e), 9C(f), 9D(f)). Corporations must also lodge special resolutions altering articles for registration (s 17).
Surveyors and the Surveyor-General: Units plans and building alteration plans must be endorsed under the Unit Titles Act and the Surveyor-General’s endorsement is required on units plans lodged for registration (s 7(1)(b); s 9D(d)). For subdivisions, certificates of a licensed surveyor are required (s 9B(j); s 9D(d)).
Registrar-General: The Registrar-General is the decision-maker for acceptance, registration, memorial entries, issuance and cancellation of certificates as to title, and circulation of copies to local government or the Minister (ss 5, 7, 9, 9F-9H, 13-15, 22). The Registrar-General can require delivery of duplicate certificates for cancellation (s 22(1)) and must register Tribunal orders, applications and memorials (ss 13, 19).
Local government councils and the Minister: The Registrar-General must deliver copies of units plans, building development plans, units plans of subdivision/consolidation, notices of conversion, schedules of unit entitlements and building alteration plans to the local government council for the area in which the land is situated, or to the Minister if not in a local government area (s 9(h); s 9F(g); s 9G(b); s 9H(b)). This creates a notification channel to municipal authorities.
Service authorities, referral authorities and statutory consultees: The Act removes the requirement for consent by certain entities where otherwise required under applied provisions; consents of service authorities (as defined in Planning Act 1999), referral authorities for planning schemes and persons who have already consented in writing are not required in specified circumstances (s 7(1A)(d); s 9DA(1)(d)). This affects who must be approached pre-registration.
Licensed building certifiers and building regulators: Building certificates under the Building Act 1993 are among the documents excluded from being treated as instruments affecting land for the purposes of the Principal Act (s 4(2)(a)); building certificates are also a required lodgement for building alteration plans (s 9D(f)).
Trustees and beneficiaries: If the proprietor held the parcel as trustee immediately before registration, the trustee holds the units in trust for the same beneficiaries and purposes after registration (s 21(1)). Similarly, on cancellation of a units plan, trustees retain trust responsibilities over the assets that result from termination orders (s 21(2)).
Persons with registered easements or other registered interests: Existing registered interests are remapped to units and common property on registration; memoranda are modified and memorialised to preserve priority (s 8(2)-(4); s 9(da)-(e); s 9F(c)-(e)). Owners of servient tenements may find new dominant tenements comprising units that are not contiguous (s 8(3), s 9E(3)).
Tribunal and litigants: Applications made to the Tribunal under section 98 of the Unit Titles Act and Tribunal orders for alteration or cancellation of plans must be lodged for registration; service of an application triggers memorials that limit further dealings pending determination (ss 13, 19).

Economic effects on these groups are procedural and recording-focused: owners and developers bear the cost and administrative burden of preparing and lodging detailed plans, certificates and unanimous resolutions; the Registrar-General bears the administrative duty of altering the register and delivering documents to councils or the Minister; service authorities may be removed as formal gatekeepers in registration processes where the Act disapplies their consent in certain circumstances (s 7(1A)(d); s 9DA(1)(d)). The Act therefore reallocates some transaction costs and alters which parties have formal rights to be recorded on the register.

This section maps the Act’s specific duties, who decides at what point, and the legal rights that arise on registration.

Registrar-General duties and decision points:

Acceptance and registration: The Registrar-General must register units plans, units plan subdivisions, consolidations, notices of conversion, building alteration plans and disclosure statements after prescribed fees are paid and required documents lodged (ss 7(1), 9B, 9C, 9D, 9J). The Act prescribes checklists for what must be lodged for each document type (for example, s 7(1)(a)-(d); s 9B(a)-(j); s 9C(a)-(f); s 9D(a)-(f)).
Deeming registration effect: Registration is the registrative moment when parcel-based interests convert to unit-based interests. This legal effect is triggered when the Registrar-General records particulars under s 177 of the Principal Act (s 5).
Issuing and cancelling titles: Immediately after registration, the Registrar-General must cancel certificates as to title and issue unit-level certificates for units and common property in prescribed forms (s 9(a)-(c), (d), (ca)).
Memorials and priority preservation: The Registrar-General must enter memorials of registered interests and easements on certificates as to title and on the land register and must preserve priority where multiple registered interests exist (s 9(da)-(e), (f)-(g); s 9F(c)-(e)).
Delivery of copies: The Registrar-General must deliver copies of relevant plans or notices to the applicant and to the local government or Minister (s 9(h); s 9F(g); s 9G(b); s 9H(b)).
Registering Tribunal orders and applications: The Registrar-General must register Tribunal orders for alteration (s 13) and must register applications to the Tribunal and enter memorials that prevent dealings while the application is pending (s 19).

Rights and effects that arise on registration:

Proprietary conversion: A registered proprietor of a parcel immediately before registration is deemed to be the proprietor of each unit upon registration, with corresponding registered interests treated as if executed over those units on their original execution date (s 8(1), (4)).
Easement mapping: Registered easements over the parcel become easements over common property and units that the easement affected, or create the units/common property as dominant tenements, including where the units are not contiguous with the servient tenement (s 8(2)-(3)).
Priority and memorialisation: Registered interests and easements have memorials entered and priorities preserved by the Registrar-General, meaning the register reflects continuities and priority relationships after conversion (s 9(da); s 9F(c)).
Continuity for trustees: Trustees holding parcels immediately before registration retain trust obligations over the units post-registration; the trustee continues to hold the newly created units for the same beneficiaries and purposes (s 21(1)-(2)).
Certificates and duplicates: New certificates as to title are issued to proprietors by the Registrar-General; the Registrar-General may cancel or require return of duplicate certificates when necessary (ss 9, 22).

Procedural duties on applicants and other actors:

Form and fee compliance: Applicants must lodge documents in the appropriate form and pay the prescribed fees (ss 6A, 7(1), 9A-9D, 9J-9K). Fees are prescribed under the Registration Act 1927 (s 3(5)).
Surveyor or licensed surveyor endorsements: Units plans must be endorsed under s 20 of the Unit Titles Act and accompanied by Surveyor-General-endorsement copies; subdivisions and building alteration plans require certificates of licensed surveyors (s 7(1)(b); s 9B(j); s 9D(d)).
Corporate resolutions and approvals: Subdivision, consolidation, conversion and alteration lodgement generally require a certified copy of unanimous resolutions of the corporation and a certificate of the corporation under the Unit Titles Act (ss 9B(e), 9B(h), 9C(e)-(f), 9D(e)).
Delivering supporting discharges and documents: Conversion requires discharge or surrender of registered interests as set out in section 21E(2)(a) of the Unit Titles Act and certified copies of specific notices (s 9C(c)-(d)).

Limitations and disapplied rules:

Certain consents are not required for registration: Where the applied provisions (Principal Act s 52(2)-(11)) would require consent by service authorities, referral authorities or persons who have consented in writing, those consents are not required under particular changes made by the Act (s 7(1A)(d); s 9DA(1)(d)). This is subject to the exception where the proposal has been changed and the person has not consented to the change (s 7(1B); s 9DA(2)).

Sanctions and compliance duties:

Statutory penalties exist for specific failures: failing to give notice of change of address for service is a penalty unit offence (max 20 penalty units) (s 16(1)); failing to deliver duplicate certificates on written request is an offence punishable by a fine up to 20 penalty units (s 22(2)). The Registrar-General has the administrative capacity to endorse registers and memorials accordingly (s 16(2); s 22(1)).

In short, rights to units, and the mapping of interests and easements, arise automatically on the registrar’s act of recordal, while duties to lodge specified forms, secure endorsements and supply required certificates fall on applicants, developers, corporations and surveyors. The Registrar-General’s recording duties are mandatory and central to the creation of unit-level proprietary rights (s 5; s 9).

The Act mainly prescribes administrative obligations and the Registrar-General’s recording duties; it imposes a small fixed set of monetary penalties tied to compliance failures and creates registry-based enforcement mechanisms through memorials and certificate cancellations.

Monetary penalties and offences:

Change of address for service: Corporations must notify the Registrar-General, on the prescribed form and fee, of any change of address for service shown on a units plan or in the land register for common property. Failure attracts a maximum penalty of 20 penalty units (s 16(1)). The Registrar-General then endorses a memorial of the change, either on the units plan, building development plan, or in the land register for common property (s 16(2)).
Failure to deliver duplicate certificate as to title: The Registrar-General may, by written notice, require a person in possession of a certificate as to title for a unit whose title has been determined to deliver it for cancellation within a specified time. Failure to comply is an offence punishable by a fine not exceeding 20 penalty units (s 22(1)-(2)).

Registry-based enforcement mechanisms:

Memorials that limit dealings: Service on the Registrar-General of a copy of an application to the Tribunal under s 98 of the Unit Titles Act obliges the Registrar-General to register the application and enter a memorial that the application has been made (s 19(1)). From entry until a further memorial is entered after an order or dismissal, the Registrar-General must not register any instrument affecting the unit in the case of an application for cancellation, or affecting the unit to be eliminated in the case of an alteration application, except in accordance with the Tribunal’s order (s 19(3)). This registry memorial operates as an administrative freeze mechanism that prevents registrable transactions affecting units while a Tribunal application is pending, unless the Tribunal orders otherwise.
Cancellation and modification of certificates: On registration of units plans, the Registrar-General must cancel certificates as to title and issue replacement certificates for units and common property in prescribed forms, and enter memorials reflecting registered interests and easements (s 9(a)-(c), (da)-(f)). The Registrar-General may require delivery and cancellation of duplicate certificates (s 22).
Tribunal orders and registrar obligations: Orders by the Tribunal for alteration of a units plan must be lodged with the Registrar-General; upon lodgement the Registrar-General must register the documents (s 13) and make appropriate amendments and memorial entries (s 14). The Registrar-General must also give written notice to the local government council or Minister after registration of order for cancellation or alteration (s 15). These obligations ensure tribunal determinations are given effect on the register.

Administrative discretion:

Registrar-General’s recording method: The Act repeatedly gives the Registrar-General discretion about the manner of recording and delivery. For instance, the Registrar-General is to "enter...in such manner as to preserve their priority" (s 9(da)), to "record in the land register in respect of the servient tenement a note" (s 9(f)), and to "make in the land register such record ... as he thinks fit" for building alteration plans (s 9H(a)). That discretion shapes how memorials are presented and how priorities appear to third parties.

Limitations and sanctions not in the Act:

Beyond the mentioned penalty unit fines, the Act does not specify broader criminal sanctions, injunctive remedies, or civil liability targets within its text. It relies primarily on administrative enforcement (memorials, cancellation of certificates, refusal to register) and the Tribunal process for resolving disputes over cancellation and alteration (ss 13, 19).

Who enforces:

The Registrar-General is the administrative enforcer for registry duties, with statutory authority to enter memorials, require surrender of certificates and refuse or delay entry of instruments while Tribunal processes are pending (ss 9, 13, 19, 22).
The Tribunal (under the Unit Titles Act) adjudicates applications for alteration or cancellation of units plans. Tribunal orders must be lodged for registration and give rise to register amendments and notices to local government or Minister (ss 13-15).

Practical enforcement risk: Because the Act’s enforcement primarily operates through registration entries and small civil penalties, the primary costs incurred by parties are administrative (time, fees, compliance with documentary requirements) and transactional (inability to deal with titles while memorials apply) rather than criminal sanctions. The Act therefore uses the registry as the primary lever to implement and enforce obligations and outcomes.

The Act is constructed to operate in close relation to several other Northern Territory statutes. It both imports provisions from the Principal Act and cross-references numerous sections of the Unit Titles Act 1975 and other planning and building laws. The text specifies the interface mechanics and certain exclusions.

Principal Act (Land Title Act 2000)

Incorporation and reading together: The Act is incorporated with the Principal Act and is to be read as one with it (s 4(1)). Many registration consequences are therefore routed through the Principal Act’s registration machinery.
Deemed registration relies on Principal Act recordal: A units plan and other listed documents are deemed registered when the Registrar-General records particulars under s 177 of the Principal Act (s 5). The Act applies sections of the Principal Act (for example s 52(2)-(11) via s 7(1A)) with modifications.

Unit Titles Act 1975

Definition alignment and meaning: Expressions used in this Act that are defined in the Unit Titles Act have the same meaning as in that Act (s 3(2)). Various lodgement timeframes invoked in this Act refer directly to sections in the Unit Titles Act: e.g., lodgement within the period referred to in section 21 of the Unit Titles Act (s 7(1)); lodgement times for building alteration plans under s 21F(1) of the Unit Titles Act (s 9D).
Substantive rights and Tribunal processes: The Act delegates substantive orders about cancellation and alteration to the Tribunal under the Unit Titles Act, and provides the Registrar-General with mandatory registry steps after Tribunal orders (ss 13-15; s 19). The Act itself does not define the substantive grounds for Tribunal orders; it records and implements Tribunal outcomes.

Planning Act 1999 and Building Act 1993

Excluded instruments: Certain documents lodged under this Act are not treated as instruments affecting land for the purposes of the Principal Act, including certificates under the Building Act 1993 and the Planning Act 1999 (s 4(2)(a)-(b)).
Non-consent entries for certain authorities: The Act removes the need for consents from a "service authority" as defined in s 3(1) of the Planning Act 1999 and from a "referral authority" under s 60(1) of that Act, where those consents would otherwise be required under applied provisions of the Principal Act (s 7(1A)(d); s 9DA(1)(d)). That creates a direct interaction in which planning-era definitions determine who is excluded from required consent.

Registration Act 1927

Fees: The Act defines "prescribed", in relation to fees, as prescribed under the Registration Act 1927 (s 3(5)). Fees referenced in ss 7, 9B, 9C, 9D, 9J, 9K, 13, 17, 18 are therefore set under the Registration Act framework.

Termination of Units Plans and Unit Title Schemes Act 2014

The Act cross-references consequences on termination and maps trustee obligations in respect of shares in estate created on plan termination (s 21(2) referencing s 20 of the Termination Act).

Unit Title Schemes Act 2009

Non-application clause: This Act does not apply to the registration of instruments made under the Unit Title Schemes Act 2009 (s 3(4)). That means the administrative model in this Act explicitly leaves the registration of Unit Title Schemes Act instruments to that Act’s processes.

Tribunal and administrative law

The Act relies on Tribunal orders under the Unit Titles Act to effect cancellations or alterations of units plans, and requires the Registrar-General to implement those orders on the register (ss 13-15). The Act’s mechanism is therefore administrative recordal rather than judicial creation of rights; enforcement of substantive disputes depends on the Tribunal and related processes in other statutes.

Consequences of cross-references and exclusions

By applying parts of the Principal Act with modifications (s 7(1A); s 9DA), the Act streamlines registration processes while changing the set of actors whose consents are necessary. The Act’s explicit non-application to the Unit Title Schemes Act 2009 (s 3(4)) calls for attention when dealing with schemes governed by that later Act.
Section 4(3) disapplies section 159 of the Principal Act in relation to a specific list of unit-related documents. This procedural carve-out alters how those documents are to be treated under the registration regime but does not change their substantive content , the Act’s text must be read alongside the Principal Act to see the net effect.

Transitional and savings provisions

Part V and s 24 contain transitional rules tied to the Land Title and Related Legislation Amendment Act 2008 and other amendments, including limited transitional protection for development or building permits in force immediately before commencement (s 24(1A)-(1D)). The regulations may further prescribe savings and transitional matters (s 24(1B)). Regulations may have limited retrospective effect provided they do not disadvantage persons other than the Territory (s 24(1C)) and those transitional regulations lapse after one year (s 24(1D)).

Overall, the Act is highly procedural and depends on the Principal Act, the Unit Titles Act and planning/building statutes for substantive rights, timeframes and consent requirements. Practitioners must read the Act together with those statutes to determine substantive thresholds, evidentiary requirements and time-limits.

The Act’s endnotes document successive legislative changes; the text below summarises the principal statutory amendments and insertions recorded in the Act’s endnotes. Where the Act lists insertions and amendments to particular sections, those are noted.

Key historical enactments:

Origin and early amendments: Real Property (Unit Titles) Ordinance 1975 (Act No. 18, 1976) assented 2 April 1976 and commenced 29 October 1976. A Real Property (Unit Titles) Ordinance 1976 followed (Act No. 47, 1976). Early amendments include a 1978 transfer-of-powers ordinance (Act No. 54, 1978).
1986 amendments: Real Property (Unit Titles) Amendment Act 1986 (Act No. 25, 1986) inserted a number of substantive provisions and early formal amendments (e.g., ss 6A, 9A etc were ins by No. 25, 1986).
1991-1993 amendments: Several consequential and miscellaneous amendments occurred in the 1990s including the Real Property (Consequential Amendments) Act 1991 (Act No. 33, 1991), Registration (Consequential Amendments) Act 1991 (Act No. 55, 1991), Real Property (Unit Titles) Amendment Act 1993 (Act No. 64, 1993), and Local Government (Consequential Amendments) Act 1993 (Act No. 84, 1993). These modifications updated various registration and local government interfaces.
1996-1999: Sentencing (Consequential Amendments) Act 1996 (Act No. 17, 1996) made penalty or procedural adjustments; further Real Property (Unit Titles) Amendment Act 1998 (Act No. 32, 1998) and Real Property (Unit Titles) Amendment Act 1999 (Act No. 16, 1999) affected ss 7 and other provisions.
2000 Land Title Act incorporation: Land Title (Consequential Amendments) Act 2000 (Act No. 45, 2000) (assented 12 September 2000; commenced 1 December 2000) is significant because it established the Principal Act (Land Title Act 2000) as the statutory framework with which this Act is read (s 4(1)). Numerous sections were amended to align with the Principal Act (s 3; s 4; s 5; s 6A; s 7; s 8; s 9; s 9A-9H; s 9J-9K etc).
2001 building development amendments: Unit Titles (Consequential Amendments - Building Development) Act 2001 (Act No. 15, 2001) amended multiple sections to incorporate building development plan terminology and processes (see changes to ss 3, 4, 5, 6A, 7, 9, 9A-9K).
2008-2009 reforms: Land Title and Related Legislation Amendment Act 2008 (Act No. 3, 2008) and Local Government (Consequential Amendments) Act 2008 (Act No. 28, 2008) made amendments which commenced in part 2009. The Unit Title Schemes Act 2009 (Act No. 14, 2009) is noted in the endnotes and the Act is expressly not applicable to instruments made under that Act (s 3(4)). Part V (s 24) of this Act records transitional matters for the 2008 amendments.
2010-2015 changes: Justice Legislation Amendment (Penalties) Act 2010 (Act No. 12, 2010) adjusted penalty-related provisions (s 16 amendments noted). Local Government Amendment Act 2014 (Act No. 19, 2014) and Termination of Units Plans and Unit Title Schemes Act 2014 (Act No. 48, 2014) introduced further amendments, including deletion or repeal of certain sections (endnotes show ss 10-12 repealed by No. 48, 2014).
2023 Statute Law Revision: Statute Law Revision Act 2023 (Act No. 4, 2023) made general formal amendments to headings and other formal provisions (endnotes: general amendments made by Interpretation Legislation Amendment Act 2018 and 2023 changes).
2026 Statute Law Revision and Repeals Act 2026: Assented 9 February 2026 and commenced 10 February 2026. The endnotes list several sections as amended by No. 3, 2026 (for example s 4, s 9K, s 13, s 18, s 19, s 21, s 23, s 24), indicating recent technical and possibly substantive updates at the time of this reprint.

Section-level insertion and amendment highlights (as listed in the endnotes):

Pt IIA (sections 9A-9H) were inserted by No. 25, 1986 and later amended (s 9A ins No. 25, 1986; s 9B ins No. 25, 1986; s 9C, s 9D ins No. 25, 1986; s 9DA ins No. 3, 2008).
Sections 9J and 9K (registration of disclosure statements and variations) were inserted by No. 25, 1986 and subsequently amended by multiple Acts including No. 64, 1993 and No. 3, 2026 (s 9K amended No. 3, 2026, s 57).
Section 24 (Part V transitional matters) was inserted by No. 3, 2008 (s 27) and later amended by No. 14, 2009 (s 152).

The endnotes list an extensive schedule of acts and commencement dates for amendments. Practitioners should consult the consolidated reprint (this text) and the legislative history table (endnotes) for the exact stages at which amendments took effect and for references to the exact amending Acts and sections. The Act’s content has been progressively modified to align with the Principal Act (Land Title Act 2000), to incorporate building development processes, and to reflect changes introduced by the Unit Title Schemes Act 2009 and later reforms affecting local government and termination processes.

The Act’s text and its endnotes as supplied contain no reported judicial decisions, case citations, or litigation summaries. The Act itself cross-references Tribunal processes under the Unit Titles Act 1975 (for example, applications under s 98 of the Unit Titles Act and orders under s 99), but the supplied material does not record any case law or Tribunal decisions interpreting this Act or its operation.

Two practical consequences of that absence in the source:

No precedential interpretations are provided in the text that would clarify ambiguities in the Act’s deeming provisions, memorial entries, or the Registrar-General’s discretion. Practitioners must therefore look to Tribunal decisions and judicial authority outside this document for judicial interpretation.
The Act locates dispute resolution and substantive determinations with the Tribunal under the Unit Titles Act by design (ss 13, 19). The absence of reported litigation in the Act’s endnotes does not imply disputes do not occur; it simply means no decisions are recorded in this reprint’s endnotes.

If a user requires authoritative interpretative guidance, they must consult Tribunal decisions under the Unit Titles Act, Northern Territory case law that mentions this Act, or practice directions of the Registrar-General. The Act mandates implementation of Tribunal orders via registry entries (ss 13-15) and uses memorials to restrict dealings while Tribunal processes are pending (s 19), which are key points where litigation or Tribunal proceedings would interact with the Register. The supplied text, however, contains no litigation history to cite.

The Act is administrative and technical; several features can create traps for practitioners and commercial actors if overlooked.

Deeming and modification of prior instruments (ss 8(4), 9E(4))

The Act deems memoranda and easements to be modified "in such manner as is necessary" to give effect to registration (s 8(4); s 9E(4)). That legal fiction changes the legal subject-matter of earlier documents without requiring re-execution. Practitioners should be aware that original instrument wording may no longer align with the reality of title after registration. This can affect mortgage drafting, priority arguments and the application of covenants when those instruments refer to a parcel rather than units.

Non-contiguous dominant tenements (s 8(3); s 9E(3))

Easements that previously benefited a parcel may, on registration, have each unit as a dominant tenement, even where the unit is non-contiguous with the servient tenement (s 8(3); s 9E(3)). This changes who benefits from an easement and can increase the number of parties with practical rights over the servient land. It can also complicate management of servient land if many units assert rights.

Consent exclusions and changed proposals (s 7(1A)(d), s 7(1B); s 9DA(1)(d)-(2))

The Act disapplies the need for certain consents (service authorities, referral authorities, persons who previously consented) for registration under the applied provisions (s 7(1A)(d); s 9DA(1)(d)). However, if the proposal is changed and a person has not consented to the change, the exclusion does not apply (s 7(1B); s 9DA(2)). Practitioners must carefully assess whether the proposal lodgement differs from earlier consented proposals; failing to obtain fresh consent where required could leave registrations vulnerable to challenge.

Timing of deemed registration and recordal (s 5)

Registration is tied to the Registrar-General recording particulars under s 177 of the Principal Act; that is the moment when rights are remapped (s 5). Delays in the Registrar-General’s recordal can mean a mismatch between stakeholder expectations and legal reality. Contracts and financing arrangements must pay attention to the precise timing of the Registrar-General’s entry.

Tribunal applications create registry freezes (s 19)

Once an application to the Tribunal for cancellation or alteration is served on the Registrar-General, a memorial must be entered and the Registrar-General must not register instruments affecting the unit until the Registry records the Tribunal’s order or dismissal (s 19(1)-(3)). Parties attempting to transact during this period will find their instruments refused. The Act does not define narrow exceptions; relief requires Tribunal orders.

Discrepancy between Acts (s 3(4))

The Act expressly does not apply to the registration of an instrument made under the Unit Title Schemes Act 2009 (s 3(4)). Practitioners must ensure they are using the correct statutory registration pathways. Misapplying this Act to instruments governed by the Unit Title Schemes Act could lead to incorrect lodgement and rejection.

Certificates and duplicates (ss 9, 22)

The Registrar-General may require delivery of duplicate certificates of title for cancellation; failing to comply is an offence (s 22(1)-(2)). Developers and title holders should track duplicate certificates and be ready to surrender them when the Registrar-General requires cancellation after registration. Failure to do so risks fines.

Scope of documents not treated as instruments affecting land (s 4(2))

Several documents lodged under this Act are expressly not taken to be instruments affecting land for purposes of the Principal Act, including building and planning certificates, corporation resolutions and specified certificates under the Unit Titles Act (s 4(2)(a)-(g)). Parties must not assume that lodging such documents alone will create registrable, land-affecting instruments; separate registrable instruments may still be required.

Preservation of priority (s 9(da))

The Registrar-General is required to enter memorials "in such manner as to preserve their priority" where a unit is subject to two or more registered interests (s 9(da) and s 9F(c)). Priority preservation may affect how mortgages and other charges appear on certificates; lenders should check memorial entries carefully to ensure priority is preserved as expected.

Regulatory discretion and "as he thinks fit" language (ss 9( ea ), 9H(a))

The Registrar-General has repeated language allowing recordal "in such manner as he thinks fit" or to "record that fact in such manner as he thinks fit" (s 9(ea), s 9H(a)). This gives registry staff room to choose formats and emphases in the register, which can result in practical differences in how information is presented to third parties.

Fees and forms prescribed elsewhere (s 6A, s 3(5))

Many requirements reference "prescribed" fees and the "appropriate form" but these are set in regulations or under the Registration Act 1927 (s 3(5); s 6A). Practitioners must obtain the current prescribed forms and fee schedules rather than rely on the Act alone.

Transitional limitations (s 24)

The transitional rules for amendments (s 24) exclude units plans/documents that relate to development or building permits in force immediately before the commencement of the 2008 amendments (s 24(1A)). If a development had pre-existing permits, registrations may be subject to different transitional rules; practitioners should confirm whether a given plan is caught by s 24.

In short, the main practical pitfalls are timing (when registration takes legal effect), scope (which consents are required and which documents are or are not instruments affecting land), and registry mechanics (memorials, priority, and duplicate certificate surrender). The Act’s structural choice to convert parcel-based interests to unit-based interests by deeming and modification means that prior documents may take on a different legal subject-matter without re-execution, which has implications for drafting and due diligence.

Compliance with this Act involves documentary precision, awareness of the cross-referenced statutes, timely lodgement and coordination with survey and corporate processes. Below is a practical, stepwise compliance checklist tied to the Act’s section references.

Confirm applicable statutory regime

Check whether the instrument falls within this Act or is governed by the Unit Title Schemes Act 2009 (s 3(4)). If the latter applies, use the Unit Title Schemes Act registration pathways.

Use prescribed forms and pay prescribed fees

Prepare and complete the appropriate form for the type of lodgement (units plan, units plan of subdivision/consolidation, notice of conversion, building alteration plan, disclosure statement or variation). The Act requires documents to be in the "appropriate form" and to meet any prescribed requirements (ss 6A, 9A; s 3(5) for fees).

Survey and certification requirements

For a units plan: obtain three copies of the units plan complying with s 6A, endorsed under s 20 of the Unit Titles Act by the Surveyor-General, and submit them with the application (s 7(1)(b)).
For subdivisions/consolidations: provide three copies complying with Part IIIA of the Unit Titles Act and section 9A, include certificates as to title, and a licensed surveyor’s certificate where required (s 9B(b), (c), (j)).
For building alteration plans: provide three copies with licensed surveyor certification and the relevant building certificate under the Building Act 1993 (s 9D(b), (d), (f)).

Certificates as to title and duplicates

Lodge the current certificate as to title for the relevant parcel or unit(s) with the application (s 7(1)(c); s 9B(c); s 9C(b); s 9D(c)). Be prepared to surrender duplicate certificates if required post-registration (s 9(b); s 22).

Obtain and lodge necessary corporate resolutions and approvals

Subdivision, consolidation, conversion and building alteration registrations generally require certified copies of relevant unanimous resolutions of the corporation, certificates of the corporation under the Unit Titles Act, and other specified certificates (ss 9B(e), 9B(h), 9C(e)-(f), 9D(e)). Ensure these are certified under the corporation’s seal if required.

Confirm consents and consider statutory exceptions

Review whether consents would be needed under the applied provisions of the Principal Act (s 52(2)-(11) applied by s 7(1A) and s 9DA). Note that the Act removes the requirement for consents from service authorities, referral authorities and persons who have already consented in writing in certain cases (s 7(1A)(d); s 9DA(1)(d)). If the proposal has been changed since prior written consent, obtain fresh consent because the exclusion does not apply where the proposal changed and the person has not consented to the change (s 7(1B); s 9DA(2)).

Lodge disclosure statements and variations correctly

For registration of disclosure statements, lodge copies in accordance with the Unit Titles Act sections cited (s 9J: in accordance with s 26E(1), 26T(1) or 26ZI(3)(a) of the Unit Titles Act). For variations, follow the lodgement requirements in s 9K, s 26J(2)(a), s 26W(2)(a), s 26ZK or s 26ZM of the Unit Titles Act.

Be mindful of timings and the moment of legal effect

The legal conversion to unit-based interests occurs when the Registrar-General records particulars under s 177 of the Principal Act; parties should not assume legal effect has been achieved until the Registrar-General’s recordal (s 5). Coordinate transactional steps (settlement, mortgage registration) around this recordal.

Notify local government or Minister where required

Expect that the Registrar-General will deliver a copy of the units plan or alteration plan to the local government council or to the Minister if the parcel is outside a local government area (s 9(h); s 9F(g); s 9G(b); s 9H(b)). If you are the applicant, ensure you have copies as well.

Watch for Tribunal applications and memorial freezes

If an application to the Tribunal under s 98 of the Unit Titles Act may arise, be aware that service on the Registrar-General triggers a memorial that prevents registration of instruments affecting the unit until there is a further memorial indicating the Tribunal’s order or dismissal (s 19). If you face a pending Tribunal application, obtain any necessary Tribunal orders permitting dealings.

Change of address and corporate records

If a corporation changes its address for service recorded on a units plan or the register, lodge the prescribed form and fee with the Registrar-General and obtain an endorsement; failure to lodge incurs a maximum penalty of 20 penalty units (s 16).

Respond promptly to Registrar-General requests

If the Registrar-General issues a written notice requiring delivery of duplicate certificates of title for cancellation, comply within the specified time. Failure to comply is an offence carrying a fine up to 20 penalty units (s 22). Deliver any Tribunal orders for alteration or cancellation promptly for registration (s 13).

Maintain risk controls for easements and covenants

Carry out due diligence on existing easements and registered interests because those interests will be deemed modified and remapped to units and common property on registration (s 8(2)-(4)). Advise lenders and covenant holders about the consequences of registration and seek appropriate mortgage or covenant drafting to account for the conversion.

Use advisers who understand cross-referenced Acts

Because the Act routinely cross-references the Land Title Act 2000, Unit Titles Act 1975, Building Act 1993 and Planning Act 1999 (s 3; s 4(2); s 7(1A)), ensure surveyors, solicitors, conveyancers and corporate officers coordinate to prepare the precise documents required.

Keep copies and verify memorial entries after registration

After registration, verify that memorials, priority entries and certificates as to title issued reflect the intended interests and that priorities are preserved as required by s 9(da) and s 9F(c). If discrepancies arise, consider applying to the Tribunal or requesting Registrar-General directions consistent with the Principal Act’s s 210 (applied by s 7(1C) and s 9DA(3)).

Following these steps, and checking the current prescribed forms and fees under the Registration Act 1927 and any relevant regulations made under s 23, will significantly reduce compliance risk. The Act’s heavy reliance on forms, endorsements and memorials means administrative thoroughness is the practical path to a safe registration outcome.

Real Property (Unit Titles) Act 1975

Plain English Summary

Deep Dive

What it does

Current sections

Real Property (Unit Titles) Act 1975

Source text: opening excerpt

1 Real Property (Unit Titles) Act 1975

Main concepts

Who it affects

Key duties and rights

Penalties and enforcement

How it interacts with other laws

Amendment history

Litigation history

Gotchas

How to comply