REAL PROPERTY (UNIT TITLES) REGULATIONS 1987 (Northern Territory)

These Regulations prescribe the procedural and documentary requirements for unit title transactions and associated plans under the Real Property (Unit Titles) Act 1975 and the Unit Titles Act 1975 in the Northern Territory. Mechanically, they do four things.

First, they specify the exact forms to be used for core applications and notices (reg 3, reg 4 and Schedule 1). The Schedule contains the numbered forms (Forms 1-19) that must be used for applications to register a units plan, units plan of subdivision or consolidation, building alteration plan, notices of conversion of a unit into common property, consents, certificates as to title, schedule of unit entitlements and change-of-address notices (see reg 4, Forms 1-3, and the body of Schedule 1).

Second, they set out technical content, execution and material requirements for plans and accompanying documents: the composition of a units plan (Form 4, Form 5, Form 6) and special rules for estate developments (reg 5(1)-(2)); the surveyor’s certificate (Form 7, reg 6); survey and plan formats and materials (reg 14(1)-(3)); and limits on unit entitlements (reg 14(3)(c)-(d)). The Regulations prescribe that diagrams must be legible, drawn in black waterproof ink on specified film or Registrar-General-approved material, be A3 with specified margins, show a bar scale and north arrow, record linear measurements to 0.01 m and areas in square metres to the nearest square metre below, and be consecutively numbered and signed or sealed (reg 14(1)-(2)).

Third, they require particular consents and supporting documents for specific transactions: written consents to registration (Form 16) from persons with registered interests (reg 16 and Schedule notes), consents to building alteration plans (Form 17, reg 17), copies of certificates required under the Building Act 1993 for certain subdivisions or alterations (Forms notes for Forms 2 and 3), and acknowledgement of notification to local government (or the relevant Minister for prescribed rate areas) where conversion of a unit into common property is proposed (reg 10(2)(b)(ii); Form 11).

NORTHERN TERRITORY OF AUSTRALIA REAL PROPERTY (UNIT TITLES) REGULATIONS 1987 As in force at 11 February 2015 Table of provisions 1 Citation ............................................................................................ 1 2 Commencement .............................................................................. 1 3 Interpretation ................................................................................... 1 4 Forms of application ........................................................................ 1 5 Form of units plan ............................................................................ 1 6 Surveyor's certificate ....................................................................... 2 7 Minister's endorsement.................................................................... 2 8 Form of units plan of subdivision ..................................................... 2 9 Form of unit plan of consolidation .................................................... 3 10 Formal requirements for notices of conversion of units into common property............................................................................. 3 11 Form of building alteration plan ....................................................... 4 12 Form of certificate as to title............................................................. 4 13 Form of certificate as to title for common property........................... 4 14 Requirements for units plan, units plan of subdivision, units plan of consolidation and building alteration plan ............................ 4 15 Numbering of units .......................................................................... 7 16 Consents to registration of units plan .............................................. 7 17 Consent to registrations of building alteration plan .......................... 7 19 Notice of change of address ............................................................ 7 20 Fees ................................................................................................ 7 21 Transitional ...................................................................................... 7 Schedule 1 ENDNOTES

NORTHERN TERRITORY OF AUSTRALIA

As in force at 11 February 2015

REAL PROPERTY (UNIT TITLES) REGULATIONS 1987 Regulations under the Real Property (Unit Titles) Act 1975 1 Citation These Regulations may be cited as the Real Property (Unit Titles) Regulations 1987. 2 Commencement These Regulations shall come into operation on the commencement of the Real Property (Unit Titles) Amendment Act 1986. 3 Interpretation In these Regulations a reference to a form by number is a reference to the form so numbered in Schedule 1. 4 Forms of application The form for the purposes of an application for registration of: (a) a units plan referred to in section 7(a) of the Act is Form 1; (b) a units plan of subdivision or consolidation referred to in section 9B(a) of the Act is Form 2; and (c) a building alteration plan referred to in section 9D(a) of the Act is Form 3. 5 Form of units plan (1) Except in respect of an estate development under Part IVB of the Unit Titles Act 1975, a units plan shall consist of: (a) a duly completed plan in accordance with Form 4, being a plan endorsed, respectively, by the Minister and a licensed surveyor, in accordance with section 20(3) and (4) of the Unit Titles Act 1975, and comprising a diagram showing the location plan and floor plan;

Real Property (Unit Titles) Regulations 1987 2 (b) all necessary additional sheets, duly completed, in accordance with Form 5 and signed and dated by the Minister and a licensed surveyor; and (c) a duly completed schedule of unit entitlement in accordance with Form 6: (i) showing aggregate unit entitlements; (ii) showing the unit entitlement for each unit; and (iii) signed and delivered by the Minister. (2) A units plan in respect of an estate development shall consist of a survey plan duly completed in accordance with the Licensed Surveyors Act 1983 and showing a schedule of lot entitlements. 6 Surveyor's certificate (1) Subject to subregulation (2), for the purposes of sections 20(3) and 21B(2)(b) of the Unit Titles Act 1975, the certificate of a licensed surveyor shall be in accordance with Form 7. (2) The certificate of a licensed surveyor in respect of an estate development under Part IVB of the Unit Titles Act 1975 shall be in accordance with clause 38 of the Survey Practice Directions under section 47 of the Licensed Surveyors Act 1983 notified in Gazette G27 of 9 July 1986, or that clause as from time to time amended and in force. 7 Minister's endorsement For the purposes of section 20(4) of the Unit Titles Act 1975, the appropriate form is Form 4. 8 Form of units plan of subdivision (1) For the purposes of section 9A of the Act, a units plan of subdivision shall consist of duly completed documents in accordance with: (a) Form 8, being a plan showing a floor plan and location plan containing a certificate of a licensed surveyor in accordance with Form 7 and certifying the matters required for the purposes of section 21B(2)(b) of the Unit Titles Act 1975; and (b) Form 6, being a schedule of unit entitlement required by section 21D of the Unit Titles Act 1975 and showing the unit entitlement for each unit (as amended by the units plan of subdivision) and the aggregate unit entitlement for such units.

Real Property (Unit Titles) Regulations 1987 3 (2) The schedule of unit entitlement referred to in subregulation (1)(b): (a) shall not be required to be executed by the Minister; and (b) shall be executed by the body corporate. 9 Form of unit plan of consolidation (1) For the purposes of section 9A of the Act, a units plan of consolidation shall consist of duly completed documents in accordance with: (a) Form 9, being a plan showing a floor plan and location plan; and (b) Form 6, being a schedule of unit entitlement required by section 21D of the Unit Titles Act 1975 and showing the unit entitlement for each unit in the units plan (as amended by the unit plan of consolidation) and the aggregate unit entitlement for such units. (2) The schedule of unit entitlement referred to in subregulation (1)(b): (a) shall not be required to be executed by the Minister; and (b) shall be executed by the body corporate. 10 Formal requirements for notices of conversion of units into common property (1) For the purposes of section 9A, a notice of conversion shall be in accordance with Form 10 and include a schedule of unit entitlement, in accordance with Form 6 of each unit to be comprised in the parcel after the conversion and executed by the registered proprietor of the unit and the body corporate. (2) A person who wishes to register a notice of conversion shall: (a) give the written notice of intended conversion referred to in section 21E(2)(b) of the Unit Titles Act 1975 in accordance with Form 11; and (b) provide to the Registrar-General at the time of lodging the notice of conversion: (i) all necessary discharges, surrenders, withdrawals or the like for the purpose of section 21D(2)(a) of the Unit Titles Act 1975; and

Real Property (Unit Titles) Regulations 1987 4 (ii) a duly completed acknowledgement of receipt by any relevant local government council of the local government area in which the parcel is located (or if the parcel is located within a prescribed area under the Northern Territory Rates Act 1971, the Minister responsible for that Act) of the notice of intended conversion referred to in paragraph (a). 11 Form of building alteration plan For the purposes of section 9A of the Act, a building alteration plan shall consist of duly executed documents in accordance with: (a) Form 12, being a plan showing the lines required by section 21F(c) of the Unit Titles Act 1975 and a floor plan and location plan in relation to the unit or units affected and containing a certificate of a licensed surveyor, in accordance with Form 13, certifying the matters referred to in section 21F(d)(i) and (ii) of the Unit Titles Act 1975; and (b) Form 6, being a schedule of unit entitlement required referred to in section 21A(b)(ii) of the Unit Titles Act 1975 and showing unit entitlement as it will be after the building alteration is registered and executed by the registered proprietor of the unit and the body corporate. 12 Form of certificate as to title For the purposes of sections 9(c) and 9F(b) of the Act, a certificate as to title shall be in accordance with Form 14. 13 Form of certificate as to title for common property For the purposes of section 9(a)(ii) of the Act, the certificate as to title to common property shall be in accordance with Form 15. 14 Requirements for units plan, units plan of subdivision, units plan of consolidation and building alteration plan (1) For the purposes of sections 6A and 9A of the Act, a units plan, units plan of subdivision, a units plan of consolidation and a building alteration plan: (a) shall be drawn on: (i) polyester film having at least one matt surface and a thickness of not less than 0.075 mm and not more than 0.125 mm; or (ii) on other material approved by the Registrar-General;

Real Property (Unit Titles) Regulations 1987 5 (b) shall include a first sheet laid out in accordance with Forms 4, 8, 9 or 12, as the case requires, showing: (i) the data referred to in the definition of location plan in section 4 of the Unit Titles Act 1975; or (ii) in the case of a building alteration plan, sufficient data to identify the subject unit and the addition or alteration effected thereon; (c) shall include, where necessary, second and subsequent sheets numbered consecutively and laid out in accordance with Form 5 showing: (i) a continuation of data depicted on Form 4, 8, 9 or 12, as the case requires; or (ii) the data referred to in the definition of floor plan in section 4 of the Unit Titles Act 1975; (d) shall: (i) if a Form 4, 5, 8, 9 or 12, measure 420 mm by 297 mm (International Size A3) and have a margin of not less than 40 mm on the left hand side of each sheet and a margin of not less than 15 mm on each of the other 3 sides of the sheet and no printing, writing or other notation (other than directions or notations by the Registrar-General) shall appear in, or extend into, any such margin; (ii) be free from discolouration and blemishes and shall not be creased or folded; (iii) be altered only by striking through the data intended to be altered and not by rubbing, scraping or cutting the surface of the sheet, and all alterations shall be initialled by the surveyor; (iv) be replaced if, in the opinion of the Registrar-General, an alteration will render the data, or any part of the data, on the sheet illegible and unsuitable for copying by photographic or similar means; (v) be numbered consecutively; and (vi) be individually signed and, where applicable, sealed so that no signature or seal is a copy; and

Real Property (Unit Titles) Regulations 1987 6 (e) shall include a schedule of unit entitlement referred to in subregulation (3) in accordance with Form 6. (2) A diagram contained on or plan referred to in subregulation (1) shall, whether it is a location plan or a floor plan: (a) be drawn to a scale sufficient to enable all details and notations to be clearly shown with all original notations, measurements and linework drawn in black waterproof ink of sufficient strength and clarity to bear photographic reproduction; (b) show the scale on the diagram as a bar scale; (c) indicate by an arrow or other appropriate means the direction of north, which shall be directed upwards; (d) show all linear measurements on the plan in metres and decimal fractions of metres to the nearest 0.01 m; (e) show all areas on the plan expressed in square metres (to the nearest square metre below); and (f) if necessary, be commenced on one sheet and continued on a subsequent sheet and, in such a case, the diagram shall be drawn so that the complementary parts or the lines on the several sheets show, when placed side by side, the complete diagram. (3) For the purposes of subregulation (1)(e) and regulation 11(b), a schedule of unit entitlement shall be in accordance with Form 6 and shall: (a) measure 210 mm x 297 mm (International Size A4); (b) contain a reference, set out in vertical columns in numerical sequence, to the number of each unit in the scheme; (c) have set out opposite each unit number, in whole numbers, the proposed unit entitlement of that unit; and (d) show a proposed aggregate unit entitlement, which shall be the numerical total of the proposed unit entitlement of all units in the scheme. (4) For the purposes of subregulation (3)(c) and (d), a proposed unit entitlement or proposed aggregate unit entitlement shall not exceed 999, in the case of a proposed unit entitlement, or 9,999, in the case of the aggregate unit entitlement.

Real Property (Unit Titles) Regulations 1987 7 15 Numbering of units Units shall be numbered so that no number is used more than once in a unit scheme. 16 Consents to registration of units plan For the purposes of section 7(d) of the Act, a person shall provide consent to the registration of a units plan in accordance with Form 16. 17 Consent to registrations of building alteration plan A consent referred to in section 21A(b)(ii) of the Unit Titles Act 1975 in respect of an alteration referred to in Part IIIA of that Act shall be in accordance with Form 17. 19 Notice of change of address For the purposes of section 16 of the Act, a notice of change of address shall be in accordance with Form 19. 20 Fees (2) A document shall not be accepted for registration unless the appropriate fee has been paid. 21 Transitional Notwithstanding any other provision in these Regulations, a form that could be used for a particular purpose before the commencement of the Real Property (Unit Titles) Amendment Act 1986 shall, with the necessary changes having regard to the requirements of these Regulations and the Real Property (Unit Titles) Act 1975 and the Unit Titles Act 1975, be deemed to be the prescribed form for that or a corresponding purpose after that commencement.

Schedule 1 Real Property (Unit Titles) Regulations 1987 8 Schedule 1 FORM 1 section 7(a) NORTHERN TERRITORY OF AUSTRALIA Real Property (Unit Titles) Act 1975 Regulation 4(a) Units Plan No. LODGED AT REGISTRAR-GENERAL'S OFFICE On ...........……………… At ..............…………….. By ...........……………… Correction to ...………… Fee ..........……………… Receipt .........…………... Duplicate to .....................…………………………… APPLICATION FOR REGISTRATION OF A UNITS PLAN TO: Registrar-General The person or persons specified below being the registered proprietor(s)* of the land specified below apply/applies* for the registration of a units plan in respect of that land and for that purpose lodges/lodge* the documents listed in the schedule of notes on the back of this document. Description of the land the subject of the application. Register Volume Folio Location Parcel Plan Unit Details of applicant

Name: Address of proposed body corporate: (for service of documents) See note 9

Dated 1987.

Schedule 1 Real Property (Unit Titles) Regulations 1987 9 Execution See note 10

Delete where applicable. SCHEDULE OF NOTES

This form is used for an application for registration of a units plan or a units plan of condominium development.
The time limit for the lodgement of this application is 3 months from the date of approval of the plan by the Minister primarily responsible for the administration of the Unit Titles Act 1975.
Three copies of the documents comprising the units plan must be lodged.
Each copy of the plan must be signed by a licensed surveyor, the Minister primarily responsible for the administration of the Unit Titles Act 1975 (or his delegate), and the registered proprietor.
Each of the copies of the schedule of unit entitlements (which is part of the plan) must be signed by the Minister primarily responsible for the administration of the Unit Titles Act 1975 (or his delegate) and the registered proprietor.
The relevant certificate as to title for the land must be lodged.
Written consents in the form of Form 16 to the registration of the units plan of all persons (other than the Crown) having a registered estate or interest in the land must be lodged.
The duplicate of every instrument evidencing or creating any registered estate or interest in the land must be lodged.
Insert full name. Occupations are not required. Actual address at which it is intended that the body corporate receive notices and have its books should be stated. This is the address which will appear on the title for the common property. Any applicable postal address should be quoted.
If an executing party is a natural person execution should read "Signed by ........." (with the name of the applicant being inserted in printed form as well as being signed). If an executing party is a body corporate execution should conform to any formalities prescribed under the Companies (Northern Territory) Code relating to the affixing of the common seal.

Schedule 1 Real Property (Unit Titles) Regulations 1987 10 FORM 2 section 9B(a) NORTHERN TERRITORY OF AUSTRALIA Real Property (Unit Titles) Act 1975 regulation 4(b) No. LODGED AT REGISTRAR-GENERAL'S OFFICE On ...........……………… At ..............…………….. By ...........……………… Correction to ...………… Fee ..........……………… Receipt .........…………... Duplicate to .....................…………………………… APPLICATION FOR REGISTRATION OF A UNITS PLAN OF SUBDIVISION OR A UNITS PLAN OF CONSOLIDATION TO: Registrar-General The person or persons specified below being the registered proprietor(s)* of the land or lands specified below applies/apply* for the registration of the plan specified below and for that purpose enclose/encloses* for lodgement the documents listed in the schedule of notes on the back of this document. DETAILS OF THE TITLES OR TITLES AFFECTED BY THE PLAN Register Volume Folio Location Parcel Plan Unit

Delete where applicable.

Schedule 1 Real Property (Unit Titles) Regulations 1987 11 DETAILS OF THE APPLICANT Name: See note 13 Address: (for service of documents) See note 13 NAME OF THE PLAN UNITS PLAN OF SUBDIVISION/UNITS PLAN OF CONSOLIDATION See note 1 Dated 1987. See note 14 ............................…………… ...........................…………… Printed name of the proprietor Signature of the proprietor SCHEDULE OF NOTES

This form is used for an application for registration of a units plan of subdivision or a units plan of consolidation. Delete whichever is inapplicable.
A subdivision or consolidation of units and or common property in a condominium development is not permitted until after completion of the final stage in that development.
Three copies of the plan (units plan of subdivision or units plan of consolidation, as the case may be) that is the subject of the application must be lodged.
The schedule of unit entitlements (which is part of the plan) is required in triplicate and must be sealed by the corporation.
The duplicate copy of the title or titles for the land affected by the plan must be lodged.
If the plan is a unit plan of subdivision – the certificates issued under section 40 of the Building Act 1993 and referred to in section 21B(2)(c)(i) of the Unit Titles Act 1975 must be lodged.
If the plan is a units plan of subdivision in relation to a proposed building – the certification in relation to the proposed use of the land being in accordance with any applicable planning instrument referred to in section 21A(2)(c)(ii) of the Unit Titles Act 1975 must be lodged.

Schedule 1 Real Property (Unit Titles) Regulations 1987 12 8. Certified copy of the unanimous resolution of approval by the body corporate of the approval of the application referred to in section 21A(b)(i) of the Unit Titles Act 1975 must be lodged. 9. The written consents in accordance with Form 16 to the application by persons (other than the Crown) with interests in the land referred to in section 21A(b)(ii) of the Units Titles Act 1975 must be lodged. 10. The duplicate copy of every instrument evidencing or creating an estate or interest in the land must be lodged. 11. The certificate of the body corporate of the special resolution of the body corporate to agreement to the proposed unit entitlement and proposed aggregate unit entitlement referred to in section 21D(b) of the Unit Titles Act 1975 must be lodged. 12. In the case of a units plan of subdivision, a certificate of a licensed surveyor referred to in section 21B(2)(b) of the Unit Titles Act 1975 and being in accordance with Form 7 must be lodged. 13. Insert full name. Occupations are not required. Actual address should be specified. If applicable, a postal address should be quoted. 14. If an executing party is a natural person execution should read "Signed by the applicant..." (with the name of the applicant being inserted in printed form as well as being signed). If an executing party is a body corporate execution should conform to any formalities prescribed under the Companies (Northern Territory) Code relating to the affixing of the common seal.

Schedule 1 Real Property (Unit Titles) Regulations 1987 13 FORM 3 section 9D(a) NORTHERN TERRITORY OF AUSTRALIA Real Property (Unit Titles) Act 1975 regulation 4(c) No. LODGED AT REGISTRAR-GENERAL'S OFFICE On ...........……………… At ..............…………….. By ...........……………… Correction to ...………… Fee ..........……………… Receipt .........…………... Duplicate to .....................…………………………… APPLICATION FOR REGISTRATION OF A BUILDING ALTERATION PLAN TO: Registrar General The person or persons described below being the registered proprietor(s)* applies/apply* for the registration of a building alteration plan in respect of the land described below and for that purpose advise/advises* that the period referred to in section 21F of the Unit Titles Act 1975 expires on the date specified below and for the purposes of lodgement enclose/enclose* the documents listed in the schedule of notes on the back of this document. DETAILS OF THE APPLICANT Name: Address: (for service of documents) See note 12 DESCRIPTION OF THE LAND Register Volume Folio Location Parcel Plan Unit DATE OF EXPIRATION OF THE PERIOD OF 28 DAYS AFTER ISSUE OF THE CERTIFICATE UNDER SECTION 40 OF THE BUILDING ACT 1993 Execution See note 13

Delete where applicable.

Schedule 1 Real Property (Unit Titles) Regulations 1987 14 SCHEDULE OF NOTES

This form is used for an application for registration of a building alteration plan.
The time limit for the lodgement of this application is 28 days from the date of issue of the certificate under section 40 of the Building Act 1993.
Building alterations of units in a condominium development are not permitted until after completion of the final stage in that development.
Three copies of the building alteration plan must be lodged.
Each copy of the plan must be signed by the registered proprietor and by a licensed surveyor.
Each copy of the schedule of unit entitlement (which is part of the plan) must be sealed by the corporation.
The certificate as to title for the land must be lodged.
The certificate of the licensed surveyor referred to in section 21F(d) of the Unit Titles Act 1975, being in accordance with Form 13, must be lodged as part of the building alteration plan.
The certified copy of the unanimous resolution of the body corporate referred to in section 21A(b)(i) of the Unit Titles Act 1975 must be lodged.
A certificate under section 40 of the Building Act 1993 must be lodged.
The consents in accordance with Form 17 of approval of persons (other than the Crown) having interests to the land as referred to in section 21A(b)(ii) of the Units Titles Act 1975 must be lodged.
Insert full name. Occupations are not required. Actual address should be specified. If applicable, a postal address should be quoted.
If an executing party is a natural person execution should read "Signed by the applicant...". If an executing party is a body corporate execution should conform to any formalities prescribed under the Companies (Northern Territory) Code relating to the affixing of the common seal.

Schedule 1 Real Property (Unit Titles) Regulations 1987 15 FORM 4 NORTHERN TERRITORY OF AUSTRALIA Real Property (Unit Titles) Act 1975 regulations 5(a) and 7 SURVEYOR'S CERTIFICATE UNITS PLAN No. ............................. Sheet ............. of ..................... Plan of .......................................................................................... ......................................………………………………………….. Lot/Portion No. .............................. Common prop. Vol. ............ Folio ......... Town/Hundred of .............................. This sheet replaces .......................... Affected title(s) ............................ Signature .................... Date ........ Approved under the Unit Titles Act 1975 as the units plan for the subdivision of the above-mentioned parcel. This units plan was registered on .............. at ......... Dated this ...... day of ...... 19.. ..............…………...... Proprietor .............................……………………. Minister for ................……… ……………………………….................................. Registrar-General Diagram showing location plan and floor plan Note: 1. Additional sheets shall be signed and dated by the licensed surveyor and the Minister. 2. Any diagram showing a unit referred to in section 12(1)(d) of the Unit Titles Act 1975 shall contain the statement referred to in that section.

Schedule 1 Real Property (Unit Titles) Regulations 1987 16 FORM 5 NORTHERN TERRITORY OF AUSTRALIA Real Property (Unit Titles) Act 1975 regulation 5(b) (Additional Sheets)

Units plan No. ....................... Sheet .......... of ........... sheets ...................................... This sheet replaces ..................

............……... .................………. ...........…………………. Proprietor Licensed surveyor Minister

Schedule 1 Real Property (Unit Titles) Regulations 1987 17 FORM 6 NORTHERN TERRITORY OF AUSTRALIA Real Property (Unit Titles) Act 1975 regulations 5(c), 8(1)(b), 9(1)(b), 11(b) and 14(1)(e) and (3) SCHEDULE OF UNIT ENTITLEMENT UNITS PLAN No. .........………… Sheet .....…………. of .......……… This sheet replaces ....………….. Unit Folio of the Register Unit Folio of the Register Number Entitlement Volume Folio Number Entitlement Volume Folio The aggregate unit entitlement is ...... The folio of the Register for the common property is Volume......... Folio ........ . Dated this Dated this Dated this day of 19 day of 19 day of 19 ..................……. …...................... …..……….................. Minister Seal of the Registered proprietor (See note 2) Body Corporate (See notes 2 and 3) (See note 3) Dated this day of 19 ...................…………… Registrar-General

Schedule 1 Real Property (Unit Titles) Regulations 1987 18 SCHEDULE OF NOTES

A schedule of unit entitlement must be lodged for: (a) a units plan; (b) a units plan of subdivision; (c) a units plan of consolidation; (d) a building alteration plan; and (e) a notice of conversion.
A schedule of unit entitlement for a units plan shall be executed by the Minister primarily responsible for the administration of the Unit Titles Act 1975, the registered proprietor of the land that is the subject of the application and, upon registration, the Registrar- General.
A schedule of unit entitlement for a units plan of subdivision, units plan of consolidation, or a building alteration plan or a notice of conversion shall be executed by the body corporate, the registered proprietor of any units physically affected by the plan and, upon registration, the Registrar-General.

Schedule 1 Real Property (Unit Titles) Regulations 1987 19 FORM 7 NORTHERN TERRITORY OF AUSTRALIA Real Property (Unit Titles) Act 1975 regulation 6 SURVEYOR'S CERTIFICATE I, ...................................................., a surveyor registered under the Licensed Surveyors Act 1983 certify that: (1) every wall, the inner surface or any part of which corresponds substantially with a line showing the floor plan relating to the proposed subdivision of a boundary of a proposed unit, exists; (2) every floor and ceiling, the upper or under surface or any part which forms a boundary of a proposed unit, exists; (3) every wall, floor, ceiling or structural cubic space, by reference to which any boundary of a proposed unit is to be ascertained, exists; (4) every unit illustrated by that floor plan, or floor plan and location plan, is wholly within the perimeter of a parcel; (5) the survey information recorded in the accompanying location plan is accurate; and (6) for any unit limited in its vertical dimensions as referred to in section 12(1)(d) of the Unit Titles Act 1975 the unit is limited as described on the diagram.

Dated 1987. ........................……… Signature

Schedule 1 Real Property (Unit Titles) Regulations 1987 20 FORM 8 NORTHERN TERRITORY OF AUSTRALIA Real Property (Unit Titles) Act 1975 regulation 8(1)(a) SURVEYOR'S CERTIFICATE UNITS PLAN OF SUBDIVISION No. ........…………….................. Sheet ........…………………….... of ...........….…………………...... Plan of .......................................................................................... ............................……………………………………………... Lot/Portion No. ........................……………………………………… Common prop. Vol. ..………………......... Folio …………….......... Town/Hundred of ......................………………………………....... This sheet replaces ......................………………………………….. Affected title(s) ..........................…………………………………… Signature .................... Date ........ This units plan of subdivision was registered on ...........………. at ………………… ..............…………...... Proprietor ……………………………….................................. Registrar-General Diagram showing location plan and floor plan Note: 1. Additional sheets shall be signed and dated by the licensed surveyor and the Minister. 2. Any diagram showing a unit referred to in section 12(1)(d) of the Unit Titles Act 1975 shall contain the statement referred to in that section.

Schedule 1 Real Property (Unit Titles) Regulations 1987 21 FORM 9 NORTHERN TERRITORY OF AUSTRALIA Real Property (Unit Titles) Act 1975 regulation 9(1)(a) SURVEYOR'S CERTIFICATE UNITS PLAN OF CONSOLIDATION No. ........……………........... Sheet ........…………………….... of ...............….……………...... Plan of .......................................................................................... .................……………………………………………………... Lot/Portion No. ........................……………………………………… Common prop. Vol. ..………………......... Folio ………………....... Town/Hundred of ......................…………………………………….. This sheet replaces ......................…………………………………. Affected title(s) ..........................…………………………………… Signature .................... Date ........ This units plan of consolidation was registered on ........………. at .......………………………………………………………. ..............…………...... Proprietor ……………………………….................................. Registrar-General Diagram showing location plan and floor plan Note: 1. Additional sheets shall be signed and dated by the licensed surveyor and the Minister. 2. Any diagram showing a unit referred to in section 12(1)(d) of the Unit Titles Act 1975 shall contain the statement referred to in that section.

Schedule 1 Real Property (Unit Titles) Regulations 1987 22 FORM 10 NORTHERN TERRITORY OF AUSTRALIA Real Property (Unit Titles) Act 1975 regulation 10(1) NOTICE OF CONVERSION No. LODGED AT REGISTRAR-GENERAL'S OFFICE On ...........……………… At ..............…………….. By ...........……………… Correction to ...………… Fee ..........……………… Receipt .........…………... Duplicate to .....................…………………………… The registered proprietor named below and the proprietor of the units plan specified below hereby give notice that the unit specified below has been converted into common property and that the unit entitlements are as set out in the attached documents listed in the schedule of notes on the back of this document. FOLIO OF THE REGISTER AFFECTED Register Volume Folio Location Parcel Plan Unit

REGISTERED PROPRIETOR (Full name and address)

see note 10. UNITS PLAN

Dated 1987. See note 11

Schedule 1 Real Property (Unit Titles) Regulations 1987 23 Execution by the The common seal of the registered proprietor proprietors units plan No. was affixed in the presence of SCHEDULE OF NOTES

This form is used for application for registration of a notice of conversion.
This notice of conversion cannot be lodged for registration until 3 months after the date of any notice required by section 21E(2)(b) of the Unit Titles Act 1975 to the local government council for the area in which the parcel is located or, for land within a prescribed area under the Northern Territory Rates Act 1971, the Minister administering the Northern Territory Rates Act 1971.
Conversions of units in a condominium development are not permitted until after completion of the final stage in that development.
The consents in accordance with Form 17 of all registered interests (other than the Crown) to the notice of conversion and to the new schedule of entitlements must be attached.
The duplicate instruments of interests registered on the unit subject to the conversion must be attached together with their discharge.
The notice must be provided in triplicate and must be signed by the registered proprietor and by the corporation.
The schedule of unit entitlements (which is part of the plan) must be provided in triplicate and must be sealed by the corporation.
The copy of any notice of the type referred in note 2 being in accordance with regulation 10(2)(b)(ii) must be attached and be in accordance with Form 11.
The certificate as to title for the unit to be converted and for the common property must be lodged.
Insert full name. Occupations are not required. Actual address should be specified. If applicable a postal address should be specified.
If an executing party is a natural person execution should read "Signed by the applicant...". If an executing party is a body corporate execution should conform to any formalities prescribed by the Companies (Northern Territory) Code or, in the case of the body corporate, the Unit Titles Act 1975 relating to the affixing of the common seal.

Schedule 1 Real Property (Unit Titles) Regulations 1987 24 FORM 11 NORTHERN TERRITORY OF AUSTRALIA Real Property (Unit Titles) Act 1975 regulation 10(2)(a) NOTICE OF PROPOSED CONVERSION OF UNITS UNDER THE UNIT TITLES ACT 1975 INTO COMMON PROPERTY To: (see note 1) I advise that it is intended, pursuant to section 21E of the Unit Titles Act 1975, to convert the unit described in Schedule 1 into common property within the meaning of the Unit Titles Act 1975 so that it will be on conversion in the ownership of the body corporate specified in Schedule 2. Schedule 1 Register Volume Folio Location Parcel Units Plan Unit

Schedule 2 Registered proprietors Units Plan ..…/..… Signed by ..................……. Received by ..............……… (see note 2) (see note 3) Note 1: This notice should be sent in duplicate to: (a) in the case of land within the area of a council – the council for the area; and (b) in the case of land within a prescribed area under the Northern Territory Rates Act 1971 applies – the Minister responsible for the administration of that Act. Note 2: The notice can be signed by the registered proprietor of the unit or the agent or solicitor of that person. Note 3: A duplicate of the notice should be receipted or acknowledged by the person receiving it so that the receipt or acknowledgement can be lodged as required by regulation 10(2)(b)(ii) for the purposes of section 21E(2)(b) of the Unit Titles Act 1975.

Schedule 1 Real Property (Unit Titles) Regulations 1987 25 FORM 12 NORTHERN TERRITORY OF AUSTRALIA Real Property (Unit Titles) Act 1975 Regulation 11(1)(a) SURVEYOR'S CERTIFICATE UNITS ALTERATION PLAN No. ........…………….............. Sheet ........…………………….... of .............…………………...... Plan of .......................................................................................... ......................................…………………………………... Lot/Portion No. ............................…………………………………. Common prop. Vol. ..………………......... Folio …….…….......... Town/Hundred of ......................………………………………....... This sheet replaces ......................………………………………….. Affected title(s) ..........................…………………………………… Signature .................... Date ........ This alteration plan was registered on .....…………………………. at .......…………………………………………………………………. ..............…………...... Proprietor ……………………………….................................. Registrar-General Diagram showing location plan and floor plan Note: 1. Additional sheets shall be signed and dated by the licensed surveyor and the Minister. 2. Any diagram showing a unit referred to in section 12(1)(d) of the Unit Titles Act 1975 shall contain the statement referred to in that section.

Schedule 1 Real Property (Unit Titles) Regulations 1987 26 FORM 13 NORTHERN TERRITORY OF AUSTRALIA Real Property (Unit Titles) Act 1975 regulation 11(a) SURVEYOR'S CERTIFICATE IN RESPECT OF A BUILDING ALTERATION PLAN I, ..........................., a surveyor registered under the Licensed Surveyors Act 1983 certify that: (a) the altered wall, floor, ceiling or structural cubic space has been demolished or constructed (as the case may be); and (b) every wall, floor or ceiling referred to in paragraph (a) is wholly within the perimeter of the parcel. Dated 1987. ....................………… Signature

Schedule 1 Real Property (Unit Titles) Regulations 1987 27 FORM 14 NORTHERN TERRITORY OF AUSTRALIA Real Property (Unit Titles) Act 1975 regulation 12 Register Volume Folio CERTIFICATE AS TO TITLE I certify that the person described in Schedule 2 is the registered proprietor of an estate in fee simple in the land described in Schedule 1 subject to the rights, if any, created by the Units Titles Act 1975 and to any rights, mortgages, encumbrances, liens and interests notified in Schedule 3 or on the back of this document. Dated 1987. Registrar-General SCHEDULE 1 Description of the Land LOCATION PARCEL PLAN UNIT SCHEDULE 2 Name and Address of the Registered Proprietor or Proprietors SCHEDULE 3 Rights, Mortgages, Encumbrances, Liens and other interests in or in respect of, the Unit Nature of instrument Instrument number Date of lodgement Time of lodgement Parties Signature of Deputy Registrar- General

Schedule 1 Real Property (Unit Titles) Regulations 1987 28 FORM 15 NORTHERN TERRITORY OF AUSTRALIA Real Property (Unit Titles) Act 1975 regulation 13 Register Volume Folio I certify that the body corporate under the Unit Titles Act 1975 specified in Schedule 1 is registered as the proprietor of an estate in fee simple in the common property comprised in the units plan specified in Schedule 2 subject to any rights created by the Units Titles Act 1975 and the easements specified in Schedule 3 or on the back of this document and any other right or interest notified in this certificate as to title. Dated 1987. Registrar-General SCHEDULE 1 Name and Address of the Body Corporate The Proprietors Units Plan No. ...... of SCHEDULE 2 Units Plan SCHEDULE 3 Easements

Schedule 1 Real Property (Unit Titles) Regulations 1987 29 FORM 16 NORTHERN TERRITORY OF AUSTRALIA Real Property (Unit Titles) Act 1975 regulation 16 CONSENT TO REGISTRATION OF UNITS PLAN The person described in Schedule 2 having the interest as described in Schedule 3 in the land referred to in Schedule 1 consents to: (a) the registration of the units plan referred to or ascertained in accordance with Schedule 4; (b) the schedule of unit entitlement to be lodged with the application to the Registrar-General for the registration of the units plan; and (c) the issue of new certificates as to title for the units referred to in paragraph (a). SCHEDULE 1 Certificates as to Title Affected Register Volume Folio Location Parcel Plan Unit

SCHEDULE 2

Name of the person, being the proprietor of the registered interest, giving the consent

SCHEDULE 3 Details of the instrument creating the registered interest pursuant to which consent is being given

Type of instrument

Schedule 1 Real Property (Unit Titles) Regulations 1987 30 SCHEDULE 4

Units plan ............................................

Dated 1987. ...............................………….. .......................…………. Print name of the person Signature of the person giving consent giving consent

Schedule 1 Real Property (Unit Titles) Regulations 1987 31 FORM 17 NORTHERN TERRITORY OF AUSTRALIA Real Property (Unit Titles) Act 1975 regulation 17 CONSENT TO BUILDING ALTERATION PLAN The person described in Schedule 2 having the interest as described in Schedule 3 in the land referred to in Schedule 1 consents to: (a) the registration of the building alteration plan referred to or ascertained in accordance with Schedule 4; and (b) the schedule of unit entitlement to be lodged with the application to the Registrar-General for the registration of the building alteration plan. SCHEDULE 1 Certificates as to Title Affected Register Volume Folio Location Parcel Plan Unit

SCHEDULE 2

Name of the person, being the proprietor of the registered interest, giving the consent

Schedule 1 Real Property (Unit Titles) Regulations 1987 32 FORM 19 NORTHERN TERRITORY OF AUSTRALIA Real Property (Unit Titles) Act 1975 regulation 19 NOTICE OF CHANGE OF ADDRESS FOR SERVICE OF DOCUMENTS The corporation in respect of the units plan specified in Schedule 2, for the land described in Schedule 1, hereby gives notice that the address for service on it of documents has been changed to the address specified in Schedule 3. SCHEDULE 1 Description of the Land Register Volume Folio Location Parcel Plan Unit Details of applicant

SCHEDULE 2 Number of the Units Plan

Units Plan /

SCHEDULE 3 New Address

Dated 1987. The COMMON SEAL OF THE PROPRIETORS UNITS PLAN No. has been affixed hereto in the presence of

ENDNOTES Real Property (Unit Titles) Regulations 1987 33 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) Regulations (SL No. 51, 1987) Notified 23 December 1987 Commenced 23 December 1987 (r 2, s 2 Real Property (Unit Titles) Amendment Act 1986 (Act No. 25, 1986), s 2 Unit Titles Amendment Act 1986 (Act No. 24, 1986) and Gaz S82, 23 December 1987) Amendments of Real Property (Unit Titles) Regulations (SL No. 55, 1990) Notified 16 January 1991 Commenced 16 January 1991 Real Property (Consequential Amendments) Act 1991 (Act No. 33, 1991) Assent date 25 June 1991 Commenced 1 October 1991 (Gaz S49, 1 October 1991) Amendments of Real Property (Unit Titles) Regulations (SL No. 67, 1991) Notified 11 December 1991 Commenced 1 January 1992 (r 1, s 2 Registration Amendment Act 1991 (Act No. 54, 1991) and Gaz G49, 11 December 1991, p 4) Statute Law Revision (Miscellaneous Amendments) Act 1991 (Act No. 77, 1991) Assent date 16 December 1991 Commenced 16 December 1991 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) Amendments to Real Property (Unit Titles) Regulations (SL No. 30, 1995) Notified 13 September 1995 Commenced 13 September 1995

ENDNOTES Real Property (Unit Titles) Regulations 1987 34 Local Government (Consequential Amendments) Act 2008 (Act No. 28, 2008) Assent date 14 November 2008 Commenced 1 July 2008 (s 2) 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) Darwin Rates Amendment Act 2014 (Act No. 47, 2014) Assent date 8 December 2014 Commenced 11 February 2015 (Gaz G6, 11 February 2015, p 7) 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) 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: rr 1, 5, 6, 7, 8, 9, 10, 11, 14, 17 and 21 and sch 1. 4 LIST OF AMENDMENTS r 5 amd No. 30, 1995, r 1 r 6 amd No. 30, 1995, r 2 r 10 amd Act No. 84, 1993, s 6; Act No. 28, 2008, s 4; Act No. 19, 2014, s 26; Act No. 47, 2014, s 29 rr 12 – 13 amd Act No. 33, 1991, s 7 r 18 rep Act No. 48, 2014, s 34 r 20 amd No. 67, 1991, r 2 sch 1 amd Act No. 33, 1991, s 7; Act No. 77, 1991, s 14; Act No. 84, 1993, s 6; Act No. 28, 2008, s 4; Act No. 19, 2014, s 26; Act No. 48, 2014, s 35; Act No. 47, 2014, s 29 sch 2 amd No. 55, 1990; Act No. 33, 1991, s 7 rep No. 67, 1991, r 3

1 REAL PROPERTY (UNIT TITLES) REGULATIONS 1987

NORTHERN TERRITORY OF AUSTRALIA

As in force at 11 February 2015

The Regulations operate around a compact set of recurring technical concepts that determine the form and content of what is lodged for registration in unit title schemes. These are: units plan and its components; units plan of subdivision and consolidation; building alteration plan; schedule of unit entitlement; surveyor’s certificate; Minister’s endorsement; consent forms and execution formalities; and documentary material standards.

Units plan and components: A units plan for ordinary schemes must comprise a plan in Form 4 (location plan and floor plan) endorsed by the Minister and a licensed surveyor as required by the Unit Titles Act 1975, any necessary additional sheets in Form 5, and a schedule of unit entitlement in Form 6 showing aggregate and individual unit entitlements signed and delivered by the Minister (reg 5(1)(a)-(c)). For estate developments the units plan is a survey plan in accordance with the Licensed Surveyors Act 1983 and must show a schedule of lot entitlements (reg 5(2)).

Units plan of subdivision and consolidation: A units plan of subdivision must be lodged in Forms 8 (plan with licensed surveyor’s certificate in accordance with Form 7) and Form 6 (schedule of unit entitlement), and the schedule of unit entitlement for a subdivision need not be executed by the Minister but must be executed by the body corporate (reg 8(1)-(2)). A units plan of consolidation follows Forms 9 and 6 with the same execution requirement for the schedule (reg 9(1)-(2)).

Building alteration plan: A building alteration plan must be lodged in Form 12 (showing lines required by s 21F(c) of the Unit Titles Act 1975 plus floor and location plans) with a licensed surveyor’s certificate in accordance with Form 13 (reg 11(a)). It must also include a schedule of unit entitlement in Form 6 showing entitlements after the alteration and be executed by the registered proprietor(s) and the body corporate (reg 11(b)).

Schedule of unit entitlement: Form 6 is the standard schedule of unit entitlement. The Regulations impose format and content constraints: A4 size (reg 14(3)(a)), unit numbers in vertical columns in numerical sequence (reg 14(3)(b)), entitlements opposite each unit expressed as whole numbers, and an aggregate unit entitlement equal to the numerical total of all proposed entitlements (reg 14(3)(c)-(d)). Limits are set: a single unit entitlement may not exceed 999 and the aggregate may not exceed 9,999 (reg 14(4)).

Surveyor’s certificate and survey practice: The certificate of a licensed surveyor is prescribed by Form 7 generally, but for estate developments the certificate follows clause 38 of the Survey Practice Directions under the Licensed Surveyors Act 1983 (reg 6(1)-(2)). Form 7 requires the surveyor to certify the existence of walls/floors/ceilings that correspond to the floor plan, that units claimed are within the parcel perimeter, and the accuracy of the location plan data (Form 7).

Minister’s endorsement and Registrar-General role: The Minister’s endorsement form is Form 4 (reg 7). The Registrar-General is given operational discretion in how plans are to be drawn and whether replacements are required if alterations make sheets illegible, and the Registrar-General will not accept documents for registration without fees paid (reg 14(1)(d)(iv); reg 20(2)).

Consents, notices, and third-party acknowledgements: The Regulations insist consents be in prescribed forms: consent to registration of a units plan is Form 16 (reg 16); consent to registration of a building alteration plan is Form 17 (reg 17); notice of proposed conversion to common property is Form 11 (reg 10(2)(a)); and notice of change of address is Form 19 (reg 19). For conversion of a unit into common property, lodging requires both the documents in Form 10 and an acknowledgement of receipt of the notice from the local council or the Minister for prescribed rate areas (reg 10(1)-(2)).

Material and format standards: The Regulations prescribe the physical medium (polyester film 0.075-0.125 mm thickness or Registrar-General-approved material), A3 sizing and margins, ink and photographic reproduction quality, bar scale, north arrow, measurement precision and sequential sheet numbering (reg 14(1)-(2)). They also prescribe that alterations are to be struck through and initialled, not rubbed or scraped, and that signatures and seals must be original (reg 14(1)(d)(iii)-(vi)).

Execution and who signs: Execution requirements differ by document. A units plan schedule executed at first registration requires the Minister and the registered proprietor and later the Registrar-General (Form 6 notes). Schedules for subdivision, consolidation, building alteration, or notice of conversion must be executed by the body corporate and affected proprietors (reg 8(2), reg 9(2), reg 11(b), Form 6 notes; Form 10). The Regulations also point to Companies (NT) Code formalities for affixing a corporate seal where a party is a corporate entity (multiple Form notes).

Overall, the main concepts are technical, documentary and procedural: the Regulations translate statutory concepts in the Unit Titles framework (units, common property, unit entitlement, body corporate, surveyor’s certificates) into mandated forms, materials, signatories and consents that control the registerability of unit-title changes.

These Regulations place duties and procedural steps on a concentrated group of actors in unit-title schemes and also impose procedural interaction with local government and certain Ministers. The principal affected actors are:

Registered proprietors of land: They are the primary applicants for registration of units plans, plans of subdivision/consolidation and building alteration plans (Forms 1-3, and the notes thereto). They must execute plans, schedules of unit entitlement where required, and provide the duplicate instruments that evidence existing registered interests (Forms notes, e.g. Form 1 notes 4, 8; Form 2 notes 3, 10).

Body corporates: The body corporate has explicit execution obligations for schedules of unit entitlement for subdivisions, consolidations, building alteration plans and notices of conversion (reg 8(2), reg 9(2), reg 11(b), Form 6 notes; Form 10 note 6). It must pass resolutions (unanimous or special as required under the Unit Titles Act 1975) to approve proposed entitlements and lodge certified copies as part of the application (Form 2 notes 11, Form 3 notes 9).

Licensed surveyors: They must provide prescribed certificates (Form 7 for standard schemes; for estate developments, the Survey Practice Directions under the Licensed Surveyors Act 1983,reg 6(2)). Surveyors sign the plan sheets (Forms 4, 5, 8, 9, 12), certify that built elements exist where demarcated on plans and that units are within the parcel perimeter (Form 7). They must ensure plans meet the ink, scale, measurement precision and reproduction standards (reg 14(1)-(2)).

Minister primarily responsible for administering the Unit Titles Act 1975: The Minister is required to endorse certain plan sheets and to sign schedule(s) of unit entitlement at initial registration (reg 5(1)(a)-(c), reg 7, Form 4, Form 6). The Minister also receives executed schedules delivered by the registered proprietor (reg 5(1)(c)(iii)). For conversions, the Minister responsible for the Northern Territory Rates Act 1971 is an alternative recipient of the notice for parcels in prescribed rate areas (reg 10(2)(b)(ii); Form 11 note 1).

Registrar-General: The Registrar-General is the practical gatekeeper: forms are lodged at the Registrar-General’s office (Forms 1-3 header blocks). The Registrar-General enforces material standards and may require replacement of sheets if alterations make the data illegible (reg 14(1)(d)(iv)). The Registrar-General will not accept documents for registration without the appropriate fee (reg 20(2)). Certificates as to title for both units and common property are issued by the Registrar-General (Forms 14 and 15).

Persons with registered interests in the land: Any person who holds a registered estate or interest (other than Crown interests) must give written consents in prescribed form to the registration of units plans (Form 16) and in certain circumstances to building alteration plans (Form 17) and notices of conversion (Form 10 notes 4, 6). The Regulations require that duplicate copies of instruments creating registered interests be lodged or discharged where relevant (Form notes).

Local government councils and the Minister for rates: For proposed conversions of units into common property, the lodging party must provide an acknowledgement of receipt from the relevant local council or the Minister responsible for the Rates Act for prescribed areas (reg 10(2)(b)(ii); Form 11 note 1). This creates a formal role for local government in being notified of conversion proposals.

Companies and corporate signatories: Where an executing party is a body corporate, execution must conform with Companies (Northern Territory) Code formalities for sealing (many Form notes, e.g. Forms 1, 2, 3, 10). This affects developers, corporate proprietors and bodies corporate who must observe corporate execution formalities.

Building regulators and certifiers: The Regulations require certificates under the Building Act 1993 for certain subdivisions or building alteration plan lodgements (Form 2 note 6; Form 3 note 10). Thus certifiers and the Building Act’s administrative mechanisms are implicated in any building-related unit-title transaction.

Survey Practice Directions and Licensed Surveyors Act 1983 administrators: For estate developments, the certified surveyor’s certificate must follow the Survey Practice Directions (reg 6(2)), tying the Regulations to survey practice governance.

Incentives and burdens fall unevenly. The immediate compliance burden is concentrated on applicants (registered proprietors, developers), the body corporate and surveyors, who must prepare and sign multiple triplicate documents, meet strict material and measurement standards, obtain third-party consents and local government acknowledgements, and pay fees before lodgement (Form notes and regs 5, 8, 9, 11, 14, 20). Local councils and Ministers have a relatively light role in acknowledgement of notice for conversions, but that acknowledgement is a prerequisite for registration lodging in conversion matters (reg 10(2)(b)(ii)). The Registrar-General and the Minister have discretionary administrative roles in accepting endorsements, deciding on the legibility of sheets and refusing to accept documents where fees are unpaid (reg 14(1)(d)(iv); reg 20(2)), which concentrates operational power in registration offices.

The Regulations convert statutory obligations into discrete duties and establish administrative rights for the Registrar-General and the Minister. Below are the principal duties imposed and the administrative rights they create, with citations to the relevant provisions.

Duties to use prescribed forms and provide specified content: Regulation 3 and regulation 4 make use of prescribed forms mandatory by number (reg 3, reg 4). Applicants must lodge the correct forms for applications: Form 1 for registration of a units plan (reg 4(a)), Form 2 for units plan of subdivision/consolidation (reg 4(b)), and Form 3 for building alteration plans (reg 4(c)). Form-specific notes require the lodgement of multiple copies (commonly three) and list the documents that must accompany applications (see Form 1 notes 3-6, Form 2 notes 3-4, Form 3 notes 4-8).

Duties relating to surveyor certification: Licensed surveyors must provide certificates in the prescribed format (reg 6(1); Form 7). For estate developments, the surveyor’s certificate must comply with the Survey Practice Directions under the Licensed Surveyors Act 1983 (reg 6(2)). Building alteration plans require a specific surveyor certificate in Form 13 to certify demolition or construction of altered elements (reg 11(a), Form 13).

Duties to obtain consents and resolutions: Those with registered interests (other than the Crown) must provide written consents to registration of units plans using Form 16 (reg 16). For building alterations requiring third-party approval, Form 17 is specified (reg 17). The body corporate must provide certified copies of relevant resolutions (Form 2 note 11, Form 3 note 9) and execute schedules of unit entitlement where noted (reg 8(2), reg 9(2), reg 11(b), Form 6 notes).

Duties on notices for conversion and local government/matters of rates: A person proposing conversion of a unit into common property must give the written notice of intended conversion in Form 11 (reg 10(2)(a); Form 11). At lodgement they must provide all necessary discharges, surrenders or the like and an acknowledgement of receipt by the relevant local council (or the Minister responsible for the Rates Act where applicable) of the notice of intended conversion (reg 10(2)(b)(i)-(ii)).

Duties on the construction and presentation of plans: Plans must meet material and drafting standards: polyester film of specified thickness or Registrar-General-approved material; A3 sizing with margins; waterproof black ink; bar scale and north arrow; linear dimensions to 0.01 m and areas to the nearest square metre below; sequential numbering and signatures/seals (reg 14(1)-(3)). Alterations must be struck through and initialled rather than erased, and the Registrar-General may require replacement sheets if alterations compromise legibility (reg 14(1)(d)(iii)-(iv)).

Duties on timing and fees: Forms contain timing requirements,e.g., lodgement time limits: three months from Minister approval for a units plan (Form 1 note 2) and 28 days from issue of the Building Act certificate for a building alteration plan (Form 3 note 2). Regulation 20(2) states a document will not be accepted for registration unless the appropriate fee has been paid.

Rights of the Registrar-General and Minister: The Registrar-General has operational rights to accept or refuse documents for registration where fees are unpaid (reg 20(2)), and to require replacement of plan sheets where the Registrar-General considers an alteration renders the data illegible (reg 14(1)(d)(iv)). The Minister has the right to endorse and sign units plans and, in the case of initial units plans, to sign the schedule of unit entitlement (reg 5(1)(a)-(c), reg 7, Form 4 and Form 6).

Execution/formal requirement rights: The regulations enforce execution formalities, including original signatures and seals (reg 14(1)(d)(vi)), and where parties are corporations, compliance with the Companies (NT) Code for affixing common seals is required (Form notes across several forms). These formalities create legal certainty for registrable instruments and impose a right on the registry to require those formalities be observed.

Record-keeping and certification duties of the registrar: Certificates as to title to units and to common property are prescribed in Forms 14 and 15 (regs 12-13). These establish the Registrar-General’s duty to record and certify title details in the prescribed format.

Duties split by transaction type: The Regulations make it clear that execution responsibilities vary by transaction: for a first registration of a units plan the Minister is a signatory to the schedule of entitlements; for subdivision, consolidation, building alteration plans and notices of conversion the body corporate must execute schedules (reg 5(1)(c); reg 8(2); reg 9(2); reg 11(b); Form 6 notes). Practitioners must therefore check which signatories are necessary in each class of application.

The Regulations do not prescribe criminal penalties or enforcement measures themselves for non-compliance beyond refusal to accept documents for registration. The operational rights of the Registrar-General to require replacement sheets, enforce material standards and refuse lodgement without fees amount to the primary enforcement mechanisms within these Regulations.

The text of the Regulations is predominantly procedural and prescriptive as to forms, content and filing requirements. It does not itself set out express criminal offences or monetary penalties. Instead, enforcement is administrative and operates through procedural refusal, certification controls and documentary requirements. The specific enforcement and administrative levers in the Regulations are as follows.

Registrar-General refusal to accept: Regulation 20(2) gives a concrete administrative enforcement mechanism: a document shall not be accepted for registration unless the appropriate fee has been paid. That is an operational veto that prevents an application from entering the register until payment occurs. The form headers in Schedule 1 also include lodgement, fee and receipt fields which the registry will use to determine acceptance.

Requirements for replacements and the Registrar-General’s opinion: Regulation 14(1)(d)(iv) permits the Registrar-General to require replacement of a sheet "if, in the opinion of the Registrar-General, an alteration will render the data, or any part of the data, on the sheet illegible and unsuitable for copying by photographic or similar means." This is an administrative control that can force rework at the expense of applicants and their surveyors. It is discretionary and thus an enforcement instrument based on a registry officer’s assessment of legibility.

Signatory and execution formalities: Numerous form notes require signatures, seals and corporate execution according to applicable corporate formalities (Forms 1-3, Form 6 notes etc.). Failure to comply with these execution formalities will result in the registry refusing to register the instrument or requiring further execution steps before acceptance.

Third-party consents and acknowledgements as preconditions: Several transactions cannot proceed without third-party consents or acknowledgements: written consents in Form 16 (reg 16), consents in Form 17 for building alteration plans (reg 17), and acknowledgment of notice by local councils or the relevant Minister for conversions into common property (reg 10(2)(b)(ii)). The need for these preconditions provides another enforcement mechanism; registrable status will not be achieved without them.

Interplay with other statutes: The Regulations require certificates under the Building Act 1993 for certain lodgements (Form 2 note 6; Form 3 note 10). Non-compliance with the Building Act’s requirements will prevent registration under the Regulations, effectively importing enforcement under the Building Act into the registration process.

Registrar-General’s control over material standards: The prescribed material and drafting standards (reg 14(1)-(3)) and the requirement that signatures/seals be originals and that plans be free from discolouration and blemishes (reg 14(1)(d)(ii), (vi)) provide the registry with grounds to refuse to accept or to demand replacement of unsuitable plans.

Transitional and historical enforcement: Regulation 21 preserves prior form usage to avoid invalidating older lodgements that relied on previous forms, which operates as an enforcement-compliance safety valve for historical acts (reg 21). It reduces retroactive enforcement risk against earlier submissions that complied with prior forms.

What the Regulations do not do: They do not impose express fines or criminal offences, nor do they set out administrative penalty schedules. Substantive penalties for contraventions of the Unit Titles Act or other Acts referred to in the Regulations are not established here; they would be found in the principal statutes themselves. The enforcement mechanisms present are therefore mainly refusal to accept or register, requirements for replacement and the dependency on certificates and consents from external actors (surveyors, local councils, Ministers, bodies corporate) to achieve registrability.

Practical enforcement impact: The administrative instruments in the Regulations concentrate enforcement on process compliance. The immediate costs to applicants are delay, rework (replacement of sheets), additional certification or obtaining consents/acknowledgements, and payment of fees (reg 20). Because acceptance for registration is a precondition for legal effect, these administrative controls are functionally significant even without express statutory penalties in the Regulations.

The Regulations are expressly designed to operate as implementing and procedural instruments that sit beneath and interact with several principal Acts and regulatory instruments. They incorporate and reference requirements, certificates and formalities from those laws. The relevant interactions are as follows, with the specific cross-references that appear within the Regulations.

Unit Titles Act 1975 and Real Property (Unit Titles) Act 1975: The Regulations are made under the Real Property (Unit Titles) Act 1975 and operate to give effect to the Unit Titles Act 1975 (see opening note, reg 1, reg 2). Many of the prescribed forms and certificates are required for specified statutory steps in those Acts (for instance sections 20(3) and (4) and 21B(2)(b) of the Unit Titles Act 1975 are referenced in reg 5 and reg 6). The Regulations do not replace the substantive provisions of the Act; instead they set the form of documents and prescribed mode of execution that are necessary to transact rights governed by those Acts.

Licensed Surveyors Act 1983 and Survey Practice Directions: For estate developments under Part IVB of the Unit Titles Act 1975, plans and survey certificates must comply with the Licensed Surveyors Act 1983 and the Survey Practice Directions (reg 5(2), reg 6(2)). The Regulations therefore subordinate certain technical survey certification requirements to the professional standards and directions administered under the Licensed Surveyors Act 1983.

Building Act 1993: The forms and notes require certificates under the Building Act 1993 to be lodged with units plan of subdivision applications in certain cases (Form 2 note 6) and with building alteration plans (Form 3 note 10). This imports building compliance and certification into the unit-title registration pathway. It makes the lodgement process contingent on outcomes or certificates under the Building Act.

Northern Territory Rates Act 1971: For notices of proposed conversion of units into common property, if the parcel is located within a "prescribed area" under the Rates Act, the acknowledgement of receipt must come from the relevant Minister rather than the council (reg 10(2)(b)(ii)). This creates a procedural intersection with the governance of rate areas and their administrative ministers.

Local Government Act 1993 and local councils: The Regulations require notice to, and in conversion cases acknowledgment from, the local government council for the area in which the parcel is located (reg 10(2)(b)(ii); Form 11 note 1). The Regulations were amended consequentially to track changes in local government law (Endnotes: Local Government (Consequential Amendments) Act 1993; subsequent local government amendments). This creates an administrative cross-check with local planning and rates processes.

Companies (Northern Territory) Code: Numerous form notes state that if an executing party is a body corporate execution should conform to formalities prescribed by the Companies (Northern Territory) Code relating to affixing a common seal (Forms 1, 2, 3, 10, etc.). That links corporate execution formalities to the registrability of unit-title documents.

Survey Practice Directions (Gazette) and other subordinate instruments: The Regulations directly reference Survey Practice Directions for estate developments (reg 6(2)). The Schedule and forms also expect parties to observe other statutory formalities where referenced, for example the requirements of section 40 of the Building Act 1993.

Registrar-General’s duties under the registration framework: The Regulations assume the Registrar-General is administering the land title register under the broader registration framework and thus they interact with any statutes that define the Registrar-General’s powers and procedures. The Registrar-General is given procedural discretion to demand replacements and not to accept documents that fail to meet material or fee requirements (reg 14(1)(d)(iv); reg 20(2)).

Transitional interactions: Regulation 21 provides that forms used before the commencement of the 1986 Amendment Act will, with necessary changes, be deemed to be the prescribed form after commencement. This transitional rule ensures continuity with prior procedural law and interacts with amendment and reprint processes in other Acts.

Incentive and compliance implications of these interactions: The Regulations create a chain of dependent approvals,surveyor certification, Minister endorsement, building certificates, council/Minister acknowledgements and corporate formalities,that must be satisfied across multiple statutory regimes. This raises coordination costs for applicants and concentrates delay risk where a certificate or acknowledgement is with an external body (building certifier, council). It also means that non-compliance with the referenced statutes (Building Act, Licensed Surveyors Act, Companies Code) will manifest as procedural non-registrability under these Regulations.

The Regulations were originally made and notified in 1987 (Real Property (Unit Titles) Regulations SL No. 51, 1987; notified and commenced 23 December 1987; see Endnotes). Their endnotes list the principal amendments and legislative instruments that altered the Regulations up to the reprint date of 11 February 2015, and a later note indicates formal amendments of a technical nature up to 2018.

Chronology and significant amendments recorded in the Endnotes:

1987: Original instrument notified 23 December 1987 and commenced that day (Endnotes, List of Legislation).
1990 and 1991 amendments: Amendments notified in 1990 (SL No. 55, 1990) and 1991 (SL No. 67, 1991). The Real Property (Consequential Amendments) Act 1991 (Act No. 33, 1991) made amendments affecting Forms and certain regulations (Endnotes). The Registration Amendment Act 1991 also had impact with a commencement tied to 1 January 1992 for one amendment (Endnotes).
1991 Statute Law Revision (Miscellaneous Amendments) Act 1991 (Act No. 77, 1991): Formal amendments to Schedule 1 were made by s 14 (Endnotes).
1993 Local Government consequential amendments: Local Government (Consequential Amendments) Act 1993 (Act No. 84, 1993) and related amendments affected regulation 10 among others (Endnotes).
1995: Amendments notified 13 September 1995 (SL No. 30, 1995), including changes to r 5 and r 6 (Endnotes).
2008: Local Government (Consequential Amendments) Act 2008 (Act No. 28, 2008) (Endnotes) amended reg 10 and Schedule 1 provisions, effective from 1 July 2008.
2014: A cluster of Acts in 2014 amended the Regulations in connection with local government, rates, Darwin rates and units plan termination schemes:
- Local Government Amendment Act 2014 (Act No. 19, 2014) made amendments to r 10 and Schedule 1 (Endnotes). Specific commencement dates for parts are listed in the Endnotes.
- Darwin Rates Amendment Act 2014 (Act No. 47, 2014) was assented to 8 December 2014 and commenced on 11 February 2015; Endnotes record its effect on reg 10 and Schedule 1.
- Termination of Units Plans and Unit Title Schemes Act 2014 (Act No. 48, 2014), assented to 8 December 2014, commenced 1 January 2015; it repealed r 18 and made amendments to schedule provisions (Endnotes).
2018: General amendments of a formal nature were made by the Interpretation Legislation Amendment Act 2018 (Act No. 22, 2018). These altered rr 1, 5, 6, 7, 8, 9, 10, 11, 14, 17 and 21 and schedule 1 in a formal way (Endnotes, point 3).

Specific regulation-level amendment notes in Endnotes and the "List of Amendments" indicate:

r 5 and r 6 were amended by No. 30, 1995 (r 1 and r 2 respectively).
r 10 was amended by Act No. 84, 1993 s 6; Act No. 28, 2008 s 4; Act No. 19, 2014 s 26; and Act No. 47, 2014 s 29.
rr 12-13 amended by Act No. 33, 1991 s 7.
r 18 repealed by Act No. 48, 2014 s 34.
r 20 amended by No. 67, 1991 r 2.
Schedule 1 amended by several Acts (Act No. 33, 1991 s 7; Act No. 77, 1991 s 14; Act No. 84, 1993 s 6; Act No. 28, 2008 s 4; Act No. 19, 2014 s 26; Act No. 48, 2014 s 35; Act No. 47, 2014 s 29).
Schedule 2 amendments listed for No. 55, 1990 and Act No. 33, 1991 s 7. One provision in No. 67, 1991 r 3 was repealed.

The endnotes thus show iterative adjustment of the Regulations to reflect changes in the principal statutes (notably local government and rates-related Acts) and to implement technical corrections or formal updates across the years. The 2014 legislative activity appears to have been significant, with amendments connected to local government law and to the termination of unit schemes.

Practitioners should consult the consolidated reprint in force at their current date to ensure they are relying on the most recent version. The Endnotes indicate that amendments after the 2015 reprint were mostly formal (2018), but the 2014 amendments changed substantive references to local government and rates processes and removed r 18 via the Termination Act. The Schedule and forms have been amended repeatedly, so the exact text of forms in Schedule 1 should be checked in the current reprint before lodgement.

The Regulations as printed in this instrument do not record or cite any litigation history. The document contains no case references and the Endnotes list only legislative amendments and reprints. Accordingly:

There are no cases cited within the Regulations or the Schedule that interpret or apply these Regulations.
The Endnotes do not record judicial decisions or tribunal determinations concerning the meaning, application or enforcement of the Regulations.

Implication for practitioners: Because the Regulations are prescriptive and technical (focusing on forms, formats, and lodgement processes) the primary legal risk tends to be administrative,rejection or delay of lodgement,rather than adjudicated disputes about substantive rights arising under these specific regulations. Any litigated issues concerning unit-title registration, entitlement calculations, conversion to common property, or disputes about the validity of executed forms would typically turn on the Unit Titles Act 1975, Real Property (Unit Titles) Act 1975, or other substantive statutes rather than on the Regulations’ procedural prescriptions. Those underlying statutes and any case law interpreting them should be considered separately.

If a practitioner needs precedent or judicial interpretation on procedural discretion (for instance, a Registrar-General’s decision to require replacement sheets under reg 14(1)(d)(iv) or to refuse an instrument under reg 20(2)), they should search the court and tribunal databases and registry practice determinations for decisions that reference the Registrar-General’s exercise of those powers in titling matters. The Regulations themselves do not supply that litigation record.

The Regulations contain numerous technical traps that can cause delay, rejection or unexpected additional work. The following practical "gotchas" are grounded in the text and the forms and should inform risk management for any lodgement.

Strict material and drafting standards (reg 14): Plans must be on polyester film with a tightly constrained thickness range (0.075-0.125 mm) or on Registrar-General-approved material (reg 14(1)(a)). They must be A3 with specific margin dimensions and be free from discolouration, blemishes, creases or folds (reg 14(1)(d)(i)-(ii)). Using the wrong material, size or failing photographic reproduction standards will likely result in the Registrar-General requiring replacement (reg 14(1)(d)(iv)).
Signature and seal originals required (reg 14(1)(d)(vi)): The Regulations require that signatures and seals be originals and not copies. Corporate parties must comply with the Companies (NT) Code formalities for affixing common seals (noted in many Form notes). Failure to observe corporate execution formalities will delay registration.
Precision of measurements (reg 14(2)(d)-(e)): Linear measurements must be in metres to the nearest 0.01 m and areas in square metres to the nearest whole square metre below. Surveyors and drafters must ensure this level of precision; otherwise, the registry may question accuracy.
Limits on unit entitlements (reg 14(4)): Proposed unit entitlement per unit cannot exceed 999 and aggregate entitlement cannot exceed 9,999. Large schemes or unusual allocation methods may run into these numerical caps and require special handling or reallocation to fit within the limits.
Different execution requirements depending on transaction type (reg 5, reg 8(2), reg 9(2), reg 11(b), Form 6 notes): The Minister executes schedules for initial units plans, while the body corporate executes schedules for subdivision, consolidation and building alteration plans. Misapplying who must sign the schedule will be a ground for rejection.
Third-party consents and acknowledgements: Consents of registered interest holders (Form 16) and local council (or Minister for Rates) acknowledgement for conversion notices (reg 10(2)(b)(ii)) are prerequisites. Applicants should not assume the registry will accept lodgement without these and should plan lead times accordingly. Form 11 requires a duplicate to be receipted by the recipient; the acknowledgement must be produced at lodgement.
Time limits in form notes (Forms 1 and 3): Form 1 notes a 3-month lodgement limit from Minister approval of a units plan (Form 1 note 2). Form 3 notes a 28-day limit after the issue of the Building Act certificate for building alteration plan lodgement (Form 3 note 2). Missing these windows can invalidate an application and require re-starting procedures.
Triplicate and duplicate requirements: Many forms require three copies of plans or triplicate schedules (Forms 1-3 notes, Form 6 notes). Forgetting to produce the correct number of copies will delay acceptance.
Registrar-General discretion on legibility (reg 14(1)(d)(iv)): The Registrar-General can require replacement of sheets in their opinion. "Opinion" is discretionary, so applicants must present plans to photographic reproduction quality and avoid last-minute manual corrections (the reg forbids rubbing/scraping/cutting) (reg 14(1)(d)(iii)-(iv)).
Interdependence with other Acts and agencies: Building certificates under the Building Act 1993 and Survey Practice Directions under the Licensed Surveyors Act 1983 are incorporated by reference (Form notes; reg 6(2)). Failure to obtain the correct certificates or to follow survey directions will stop registration. For conversion matters, the council or Minister’s acknowledgement is part of the package; not obtaining it invalidates lodgement (reg 10(2)(b)(ii)).
Execution by the Minister and delivery requirements (reg 5(1)(c)(iii)): For initial units plans the schedule must be "signed and delivered by the Minister",logistical arrangements to obtain ministerial signature and delivery may create delays.
Enumeration uniqueness (reg 15): Units must be numbered so no number is used more than once in a scheme. In complex consolidations or subdivisions practitioners must plan numbering carefully to avoid duplication.
Limits on entitlements may force reallocation or subdividing schemes: The 999 and 9,999 caps on entitlements (reg 14(4)) may impede some allocation methodologies (for example, using entitlements as proportional indices with large denominators), requiring either aggregation into coarser entitlements or alternative drafting.
Transition and historical form recognition (reg 21): Older forms can be deemed prescribed with necessary changes after the 1986 Amendment Act; however, relying on older practice without checking whether relevant amending Acts have altered the substance of the required content risks non-compliance. Practitioners should ensure that "necessary changes" have been made.
No statutory penalties in the Regulations: Because the Regulations rely on administrative controls (refusal to accept, requirement to replace), non-compliance will typically mean delay and rework rather than an immediate fine. However, failure to register due to a procedural defect can have significant substantive consequences in property law transactions, so procedural non-compliance may have costly downstream effects.

Mitigation strategies: Pre-lodgement checklisting (material, signatures, witness and seal formalities), early engagement with licensed surveyors familiar with Survey Practice Directions, obtaining consents and council acknowledgements early, checking unit entitlement arithmetic against numeric caps, and confirming fee schedules prior to lodgement will reduce the likelihood of being caught by these "gotchas".

Below is a practical compliance checklist and stepwise process built on the Regulations’ prescriptions. Each step cites the relevant regulation or form requirement so practitioners and compliance officers can map actions to statutory text.

Identify the correct form and transaction class (reg 4):
- Units plan registration: use Form 1 (reg 4(a), Form 1).
- Units plan of subdivision or consolidation: use Form 2 (reg 4(b), Form 2).
- Building alteration plan: use Form 3 (reg 4(c), Form 3). Cross-check whether the scheme is an estate development (reg 5(2)) which requires a different survey plan format.
Engage a licensed surveyor early (reg 6; Forms 7 and 13):
- For standard schemes obtain a surveyor’s certificate in Form 7 (reg 6(1); Form 7).
- For estate developments ensure surveyor certification complies with clause 38 of the Survey Practice Directions under the Licensed Surveyors Act 1983 (reg 6(2)).
- For building alterations obtain Form 13 certification that the altered elements have been demolished or constructed and are within the parcel perimeter (reg 11(a); Form 13).
Prepare plans to the material and drafting standards (reg 14(1)-(2)):
- Use polyester film 0.075-0.125 mm or Registrar-General-approved material (reg 14(1)(a)).
- Lay out first sheet per Form 4, 8, 9 or 12 as applicable and include a location plan (reg 14(1)(b)).
- Use A3 size with margins: left margin ≥ 40 mm; other margins ≥ 15 mm; avoid printing into margins (reg 14(1)(d)(i)).
- Draw diagrams in black waterproof ink; include bar scale and north arrow directed upwards (reg 14(2)(a)-(c)).
- Record linear measurements in metres to 0.01 m and areas in whole square metres (reg 14(2)(d)-(e)).
- Number sheets consecutively and sign/seal originals (reg 14(1)(d)(v)-(vi)).
Prepare the schedule of unit entitlement in Form 6 and observe numerical caps (reg 14(3)-(4), Form 6):
- Use A4 size, list unit numbers in vertical numeric sequence with a whole-number entitlement opposite each unit (reg 14(3)(a)-(c)).
- Calculate and record the aggregate unit entitlement; ensure no individual entitlement exceeds 999 and aggregate does not exceed 9,999 (reg 14(3)(d), reg 14(4)).
- Understand who must execute the schedule: for initial units plans the Minister and registered proprietor sign; for subdivision/consolidation/building alteration/notice of conversion the body corporate executes (reg 5(1)(c); reg 8(2); reg 9(2); reg 11(b); Form 6 notes).
Obtain required resolutions and third-party consents (Form notes, reg 16, reg 17):
- Lodge certified copies of the unanimous or special resolution of the body corporate approving proposed entitlements where required (Form 2 note 11; Form 3 note 9).
- Obtain written consents of registered interest holders (other than the Crown) in Form 16 for units plan registration (reg 16; Form 16).
- Obtain consents in Form 17 for building alteration plans where required (reg 17; Form 17).
For building-related matters, obtain required building certificates (Form notes):
- For units plan of subdivision involving a proposed building, lodge Certificates under section 40 of the Building Act 1993 as required (Form 2 note 6).
- For building alteration plan lodgement, lodge the Building Act certificate under section 40 (Form 3 note 10).
For conversion of units to common property follow reg 10 processes precisely:
- Prepare the notice of conversion in Form 10 and include a schedule of unit entitlements in Form 6 executed by registered proprietor and body corporate (reg 10(1); Form 10).
- Give written notice of intended conversion in Form 11 to the local council or Minister for prescribed areas and obtain acknowledgement, then lodge the acknowledgement with the notice of conversion (reg 10(2)(a)-(b); Form 11).
- At lodgement provide discharges or surrender of instruments as necessary under reg 10(2)(b)(i).
Observe lodgement copy counts, timing windows and lodgement documents:
- Typically lodge three copies of plans and schedules where specified (Form notes for Forms 1-3; Form 6 notes).
- Check time limits: Form 1,lodgement within 3 months after Minister approval (Form 1 note 2); Form 3,lodgement within 28 days after Building Act certificate (Form 3 note 2).
- Include duplicate copies of instruments evidencing registered interests as required by the relevant Form notes (Form 1 note 8; Form 2 note 10; Form 10 note 5).
Pay fees at lodgement (reg 20):
- Confirm the appropriate fee and ensure payment accompanies the lodgement. The Registrar-General will not accept documents without payment (reg 20(2)).
Ensure execution formalities and originals (reg 14(1)(d)(vi), Form notes):
- Where a party is a natural person, sign with printed name; for corporate execution use applicable corporate seal or execution formalities under the Companies (NT) Code (Form notes across Forms 1-3, 10).
- Ensure surveyor initials any strike-through alterations rather than erasing or scraping (reg 14(1)(d)(iii)).
Pre-lodgement quality control and pre-registrar engagement:
- Have the surveyor and the drafting author check the plan for photographic reproduction quality and reproduction of bar scale and north arrow; consider consulting the Registrar-General’s registry for any material approvals or pre-lodgement checks to reduce the risk of replacement demands under reg 14(1)(d)(iv).
Plan for sequential numbering and entitlements when reconfiguring existing units (reg 15):
- Avoid number duplication in the unit scheme (reg 15). When subdividing or consolidating units, remap numbers and entitlements ahead of lodgement and secure body corporate execution of the new schedule.
Keep copies of council acknowledgements and receipts (Form 11 note 3):
- For conversion notices, retain the duplicate receipt or acknowledgement from the council or Minister and lodge that receipt as part of the conversion package (Form 11 note 3).
Document the chain of title and attach certificates as to title and duplicate instruments:
- Lodge the relevant certificate(s) as to title (Forms 14 and 15) and duplicate instruments evidencing registered interests, together with any discharges or surrenders required (Form notes across many forms, e.g., Form 1 note 6; Form 10 note 5).
Check the current consolidated Regulations and amendments before lodgement (Endnotes):
- The Regulations have been amended multiple times (see Endnotes). Always use the current reprint of the Regulations and the current Schedule 1 forms in force on the lodgement date.

By following these steps and mapping each process point to the cited regulation or form requirement, practitioners should reduce the risk of administrative rejection. The critical control points are: correct form selection; licensed surveyor certifications; correct execution and sealing; third-party consents/acknowledgements; and fees. Pre-lodgement coordination among the surveyor, registered proprietor, body corporate and any required external certifiers (building certifiers, council) is essential to avoid the procedural bottlenecks created by the Regulations.

REAL PROPERTY (UNIT TITLES) REGULATIONS 1987

Plain English Summary

Deep Dive

What it does

Current sections

REAL PROPERTY (UNIT TITLES) REGULATIONS 1987

Source text: opening excerpt

1 REAL PROPERTY (UNIT TITLES) REGULATIONS 1987

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