sec.9-oc.2Registration of leasehold building units plan

### sec.9-oc.2 Registration of leasehold building units plan A leasehold building units plan shall— where the leasehold building units plan does not relate to a proposed stratum parcel—delineate the external surface boundaries of the parcel and in relation to those boundaries delineate the location of the building; and where the leasehold building units plan relates to a proposed stratum parcel—delineate the external surface boundaries of the site of the building, being the building of which the proposed stratum parcel forms part, and, in relation to those boundaries delineate the location of— the building; and the proposed stratum parcel; and, in relation to the external surface boundaries of the proposed stratum parcel, delineate the location of the part of the building which will be the subject of the proposed leasehold building units plan; and where the leasehold building units plan comprises contiguous common property or non-contiguous common property, or both—delineate the external surface boundaries of that common property and in relation to those boundaries show the location of that common property in relation to the parcel or, in the case of a proposed stratum parcel, to the site on which is erected the building part of which is comprised in the leasehold building units plan; and bear a statement containing such particulars as may be necessary to identify the title to such parcel; and include a drawing illustrating the lots and distinguishing such lots by numbers; and define the boundaries of each lot— where the leasehold building units plan does not relate to a proposed stratum parcel—in the building; or where the leasehold building units plan relates to a proposed stratum parcel—in part of the building; by reference to floors, walls, ceilings and, in the case where a boundary may be defined by reference to a permanent structure or permanent structures of the building, each such structure, but in doing so it shall not be necessary to show any bearing or dimensions of a lot; and show the approximate floor area of each lot; and have endorsed upon it a schedule complying with the provisions of section 19 ; and have endorsed upon it— where the leasehold building units plan does not relate to a proposed stratum parcel—the name of the building; or where the leasehold building units plan relates to a proposed stratum parcel—the name of the proposed stratum parcel; and have endorsed upon it the address at which documents may be served on the body corporate in accordance with section 127 ; and contain such other features as may be prescribed. (amended) A leasehold building units plan must not be registered unless— where land which is subject to a lease or leases registered under the Land Title Act 1994 which is or are intended to be replaced wholly or partly by leases of each of the lots and the common property (if any) shown on the leasehold building units plan— the replacement leases relating to the proposed lots and, if the leasehold building units plan provides for common property, the common property, have been lodged in the land registry for registration; and those replacement leases are expressed to be wholly or partly in substitution for the lease or leases first referred to in this paragraph; and the terms of those replacement leases are all expressed to commence on registration of the leasehold building units plan and to expire at the same time as the lease or leases first referred to in this paragraph and, if those replacement leases confer rights of renewal, the renewal terms are the same; and where the land is subject to leases registered under the Land Title Act 1994 which are intended to subsist (after the leasehold building units plan is registered) as leases of each of the lots shown on the leasehold building units plan— the terms of those leases have commenced and are all expressed to expire at the same time and, if those leases confer rights of renewal, the renewal terms are the same; and a certificate of a cadastral surveyor within the meaning of the Surveyors Act 2003 has been produced to the registrar of titles, stating that the area to which each of those leases relates (not being an area that is leased solely or principally for use by lessees of the land in common with each other) corresponds to a lot or lots shown on the plan; and a meeting of the lessees is held and a resolution is proposed agreeing to the proposed subdivision of the land as shown on the leasehold building units plan; and there is produced to the registrar of titles at the time of lodgement of the leasehold building units plan— where all of the lessees agree to the resolution referred to in subparagraph (iii) —a certificate in the approved form, purporting to be signed by the persons prescribed for the purposes of this subparagraph, stating that the resolution was so passed; or where a majority but not all of the lessees agree to the resolution referred to in subparagraph (iii) —a copy of an order made under subsection (19) approving the proposed subdivision; and if the leasehold building units plan provides for common property—there has been lodged in the land registry for registration a lease of the common property; and the term of the lease of the common property is expressed to commence on registration of the leasehold building units plan and to expire at the same time as the terms of the leases referred to in subparagraph (i) and, if the leases so referred to confer rights of renewal, the lease of the common property confers a right of renewal for a term that is the same as that conferred by those rights; and where the leasehold building units plan is lodged in circumstances different from those described in paragraph (a) or (b) — there have been lodged in the land registry for registration leases from the lessor of each of the lots (which may consist of or include leases to the lessor) and, if the leasehold building units plan provides for common property, a lease of the common property; and the terms of the leases referred to in subparagraph (i) are all expressed to commence on registration of the leasehold building units plan (but, in the case of the leases of the lots, may be expressed to commence before registration of the leasehold building units plan) and to expire at the same time and, if the leases confer rights of renewal, the renewal terms are the same. If subsection (1A) (c) applies and— the land is subject to 1 or more leases (the original leases ) registered under the Land Title Act 1994 that— are intended to be replaced wholly or partly by leases of each of the lots and the common property, if any, shown on the leasehold building units plan; and are expressed to end on registration of the leasehold building units plan; and 1 or more leases (the replacement leases ) are expressed to start on registration of the leasehold building units plan; the original leases end and the replacement leases start on registration of the leasehold building units plan. (not applied) Save with the consent of the Minister responsible for the administration of the Building Units and Group Titles Act a leasehold building units plan shall not be registered if the name of the building or the name of the stratum parcel, as the case may be, endorsed on the plan, in the opinion of the registrar of titles, is undesirable. A leasehold building units plan shall not be registered if the name of the building or the name of the stratum parcel, as the case may be, endorsed on the plan is currently endorsed on— a registered building units plan under the Building Units and Group Titles Act; or a registered leasehold building units plan; or is reserved under— the Building Units and Group Titles Act, section 120 ; or section 120 of this Act. (amended) A body corporate may, by resolution without dissent and with the consent of the registrar of titles, change the name of the building or the stratum parcel, as the case may be, endorsed upon the leasehold building units plan to a name with which the leasehold building units plan could be registered without contravention of subsection (3) or (3A) . (amended) In a leasehold building units plan, the common boundary of any lot with another lot or with common property shall be— except as provided by paragraph (b) , the centre of the wall, floor or ceiling, as the case may be; or as described in the leasehold building units plan in the prescribed manner by reference to a wall, floor or ceiling, as the case may be. Despite subsection (5) , a balcony, courtyard, roof garden or other area (being part of a building) which is not bounded wholly by walls or a ceiling or walls and a ceiling may be included as part of a lot shown on a leasehold building units plan. However, the balcony, courtyard, roof garden or other area shall be contiguous to a part of the lot the boundary of which part if it, by itself, were a lot would be the centre of walls, floor and ceiling. Where, under subsection (5A) , a balcony, courtyard, roof garden or other area of a building is included as part of a lot shown on a leasehold building units plan— that part of the boundary of the lot that is not the centre of a wall and would, but for the operation of subsection (5A) , be required to be the centre of a wall shall be the vertical plane from the upper boundary of the lot to the floor along the line described connecting the centres of the permanent vertical structures of the building approved for that purpose by the registrar of titles (which may include part of a wall) on that boundary, with the centres of the walls that form part of the boundary of the lot; that part of the boundary of the lot that is not the centre of a ceiling and would, but for subsection (5A) , be required to be the centre of a ceiling shall be the horizontal plane from the edge of the existing ceiling to the vertical boundary of the lot over which that ceiling does not extend at the level or levels of the walls and, where paragraph (a) applies, the permanent vertical structures to that part, such that, in any case, the plane is no higher than the boundary of the area of the lot that is the centre of a ceiling. (amended) (not applied) Every leasehold building units plan lodged for registration shall be endorsed with or be accompanied by a certificate of the local government sealed with the common seal of the local government that the proposed subdivision of the parcel as illustrated in the leasehold building units plan has been approved by the local government and that all the requirements of the principal Act and, where the corporation is not the local government, the Local Government (Planning and Environment) Act 1990 as modified by this Act and the principal Act have been complied with in regard to the subdivision. (amended) Every leasehold building units plan lodged for registration shall be endorsed with or be accompanied by certificates respectively— where the proposed parcel will not be a stratum parcel—of a cadastral surveyor within the meaning of the Surveyors Act 2003 that the building shown on the leasehold building units plan is within the external surface boundaries of the parcel the subject of the leasehold building units plan and, where a part of the building projects beyond such external boundaries, that an appropriate easement has been granted as an appurtenance of the parcel or, where that projection is over a road, that the local government has consented and, where the corporation is not the local government, such consent is given under the local laws of the local government, as the case may be; and of a cadastral surveyor within the meaning of the Surveyors Act 2003 containing the particulars prescribed; and where the proposed parcel will be a stratum parcel—of a cadastral surveyor within the meaning of the Surveyors Act 2003 that— part only of a building is included in the proposed stratum parcel; and the proposed stratum parcel and that building are wholly within the external surface boundaries of the site of the building and, where eaves or guttering project beyond such external boundaries, that an appropriate easement has been granted as an appurtenance of the parcel or, where that projection is over a road, that the local government has consented and, where the corporation is not the local government, such consent is given pursuant to the local laws of the local government, as the case may be; and that each part of the building and so much (if any) of the site as constitute the proposed lots and the common property (if any) shown on the leasehold building units plan are wholly within the proposed stratum parcel and, where eaves or guttering project beyond such external boundaries, that an appropriate easement has been granted as an appurtenance of the parcel or, where that projection is over a road, that the local government, has consented and, where the corporation is not the local government such consent is given under the local laws of the local government, as the case may be; and of an architect within the meaning of the Architects Act 1962 that the building has been substantially completed in accordance with plans and specifications approved by the building approvals authority or a designated officer of the building approvals authority or, where the building has not been constructed under the supervision of an architect, of a building surveyor (or where there is no building surveyor a building inspector) of the building approvals authority (which certificate a building surveyor or building inspector is hereby authorised to give unless otherwise directed by the building approvals authority) that the building has been substantially completed in accordance with plans and specifications approved by the building approvals authority or a designated officer of the building approvals authority. Now see the Architects Act 2002 , section 146 . (amended) No certificate given by a building surveyor or building inspector in good faith for the purposes of subsection (8) (c) shall subject the building surveyor or building inspector to any liability whatsoever and the proof or any allegation of the absence of good faith on the part of the building surveyor or building inspector shall be upon the person so alleging. (amended) In this section— building inspector and building surveyor include, where there is no building surveyor or building inspector of the building approvals authority, the officer of the building approvals authority whose duties include the performance of duties usually undertaken by a building surveyor or building inspector of the building approvals authority. (amended) Before registering a leasehold building units plan, the registrar of titles may require proof to his or her satisfaction by statutory declaration or otherwise of the time of commencement of construction of the building to which the leasehold building units plan relates. (amended) (not applied) Before registering a leasehold building units plan, the registrar of titles may make or cause to be made such inspection of the parcel to which the leasehold building units plan relates as the registrar of titles considers necessary. (amended) Upon lodgement for registration of a leasehold building units plan, the registrar of titles shall allot a number to the plan. (amended) Registration of a leasehold building units plan shall be effected by notifying under the seal of the registrar of titles on the leasehold building units plan the fact and date of such registration. (amended) Every leasehold building units plan, leasehold plan of resubdivision or amalgamation or notice of conversion lodged for registration shall be accompanied by the relevant titles registry fees (including the fee mentioned in section 14 ). (amended) If a proposed leasehold building units plan provides for common property, a reference in subsection (1) to a lease of common property is a reference to a lease of common property from the lessor to the body corporate to be constituted on the registration of the leasehold building units plan, being a lease executed by the lessor as agent for that body corporate. (new) Where a meeting of persons who are lessees of the land comprised in a parcel has been held for the purposes of subsection (1A) (b) and a majority (but not all) of those persons supported a resolution for the subdivision of the land as shown on a proposed leasehold building units plan, any 1 or more of the persons who supported the resolution may apply to the Court for an order under subsection (19) . (new) On hearing an application made under subsection (18) , the Court may, if it appears to it to be just and equitable to do so, make— an order approving the subdivision of the land as shown on the proposed leasehold building units plan; and an order directing the registrar of titles to register the approved leasehold building units plan; and such other orders that, in the opinion of the Court, are appropriate in the circumstances. (new) Notice of an application made under subsection (18) must be given to any person who is a lessee of a part of the parcel concerned unless that person is the applicant or, as the case may be, one of the applicants. (new) (sec.9-oc.2-ssec.1) A leasehold building units plan shall— where the leasehold building units plan does not relate to a proposed stratum parcel—delineate the external surface boundaries of the parcel and in relation to those boundaries delineate the location of the building; and where the leasehold building units plan relates to a proposed stratum parcel—delineate the external surface boundaries of the site of the building, being the building of which the proposed stratum parcel forms part, and, in relation to those boundaries delineate the location of— the building; and the proposed stratum parcel; and, in relation to the external surface boundaries of the proposed stratum parcel, delineate the location of the part of the building which will be the subject of the proposed leasehold building units plan; and where the leasehold building units plan comprises contiguous common property or non-contiguous common property, or both—delineate the external surface boundaries of that common property and in relation to those boundaries show the location of that common property in relation to the parcel or, in the case of a proposed stratum parcel, to the site on which is erected the building part of which is comprised in the leasehold building units plan; and bear a statement containing such particulars as may be necessary to identify the title to such parcel; and include a drawing illustrating the lots and distinguishing such lots by numbers; and define the boundaries of each lot— where the leasehold building units plan does not relate to a proposed stratum parcel—in the building; or where the leasehold building units plan relates to a proposed stratum parcel—in part of the building; by reference to floors, walls, ceilings and, in the case where a boundary may be defined by reference to a permanent structure or permanent structures of the building, each such structure, but in doing so it shall not be necessary to show any bearing or dimensions of a lot; and show the approximate floor area of each lot; and have endorsed upon it a schedule complying with the provisions of section 19 ; and have endorsed upon it— where the leasehold building units plan does not relate to a proposed stratum parcel—the name of the building; or where the leasehold building units plan relates to a proposed stratum parcel—the name of the proposed stratum parcel; and have endorsed upon it the address at which documents may be served on the body corporate in accordance with section 127 ; and contain such other features as may be prescribed. (amended) (sec.9-oc.2-ssec.1A) A leasehold building units plan must not be registered unless— where land which is subject to a lease or leases registered under the Land Title Act 1994 which is or are intended to be replaced wholly or partly by leases of each of the lots and the common property (if any) shown on the leasehold building units plan— the replacement leases relating to the proposed lots and, if the leasehold building units plan provides for common property, the common property, have been lodged in the land registry for registration; and those replacement leases are expressed to be wholly or partly in substitution for the lease or leases first referred to in this paragraph; and the terms of those replacement leases are all expressed to commence on registration of the leasehold building units plan and to expire at the same time as the lease or leases first referred to in this paragraph and, if those replacement leases confer rights of renewal, the renewal terms are the same; and where the land is subject to leases registered under the Land Title Act 1994 which are intended to subsist (after the leasehold building units plan is registered) as leases of each of the lots shown on the leasehold building units plan— the terms of those leases have commenced and are all expressed to expire at the same time and, if those leases confer rights of renewal, the renewal terms are the same; and a certificate of a cadastral surveyor within the meaning of the Surveyors Act 2003 has been produced to the registrar of titles, stating that the area to which each of those leases relates (not being an area that is leased solely or principally for use by lessees of the land in common with each other) corresponds to a lot or lots shown on the plan; and a meeting of the lessees is held and a resolution is proposed agreeing to the proposed subdivision of the land as shown on the leasehold building units plan; and there is produced to the registrar of titles at the time of lodgement of the leasehold building units plan— where all of the lessees agree to the resolution referred to in subparagraph (iii) —a certificate in the approved form, purporting to be signed by the persons prescribed for the purposes of this subparagraph, stating that the resolution was so passed; or where a majority but not all of the lessees agree to the resolution referred to in subparagraph (iii) —a copy of an order made under subsection (19) approving the proposed subdivision; and if the leasehold building units plan provides for common property—there has been lodged in the land registry for registration a lease of the common property; and the term of the lease of the common property is expressed to commence on registration of the leasehold building units plan and to expire at the same time as the terms of the leases referred to in subparagraph (i) and, if the leases so referred to confer rights of renewal, the lease of the common property confers a right of renewal for a term that is the same as that conferred by those rights; and where the leasehold building units plan is lodged in circumstances different from those described in paragraph (a) or (b) — there have been lodged in the land registry for registration leases from the lessor of each of the lots (which may consist of or include leases to the lessor) and, if the leasehold building units plan provides for common property, a lease of the common property; and the terms of the leases referred to in subparagraph (i) are all expressed to commence on registration of the leasehold building units plan (but, in the case of the leases of the lots, may be expressed to commence before registration of the leasehold building units plan) and to expire at the same time and, if the leases confer rights of renewal, the renewal terms are the same. (sec.9-oc.2-ssec.1B) If subsection (1A) (c) applies and— the land is subject to 1 or more leases (the original leases ) registered under the Land Title Act 1994 that— are intended to be replaced wholly or partly by leases of each of the lots and the common property, if any, shown on the leasehold building units plan; and are expressed to end on registration of the leasehold building units plan; and 1 or more leases (the replacement leases ) are expressed to start on registration of the leasehold building units plan; the original leases end and the replacement leases start on registration of the leasehold building units plan. (sec.9-oc.2-ssec.2) (not applied) (sec.9-oc.2-ssec.3) Save with the consent of the Minister responsible for the administration of the Building Units and Group Titles Act a leasehold building units plan shall not be registered if the name of the building or the name of the stratum parcel, as the case may be, endorsed on the plan, in the opinion of the registrar of titles, is undesirable. (sec.9-oc.2-ssec.3A) A leasehold building units plan shall not be registered if the name of the building or the name of the stratum parcel, as the case may be, endorsed on the plan is currently endorsed on— a registered building units plan under the Building Units and Group Titles Act; or a registered leasehold building units plan; or is reserved under— the Building Units and Group Titles Act, section 120 ; or section 120 of this Act. (amended) (sec.9-oc.2-ssec.4) A body corporate may, by resolution without dissent and with the consent of the registrar of titles, change the name of the building or the stratum parcel, as the case may be, endorsed upon the leasehold building units plan to a name with which the leasehold building units plan could be registered without contravention of subsection (3) or (3A) . (amended) (sec.9-oc.2-ssec.5) In a leasehold building units plan, the common boundary of any lot with another lot or with common property shall be— except as provided by paragraph (b) , the centre of the wall, floor or ceiling, as the case may be; or as described in the leasehold building units plan in the prescribed manner by reference to a wall, floor or ceiling, as the case may be. (sec.9-oc.2-ssec.5A) Despite subsection (5) , a balcony, courtyard, roof garden or other area (being part of a building) which is not bounded wholly by walls or a ceiling or walls and a ceiling may be included as part of a lot shown on a leasehold building units plan. (sec.9-oc.2-ssec.5AA) However, the balcony, courtyard, roof garden or other area shall be contiguous to a part of the lot the boundary of which part if it, by itself, were a lot would be the centre of walls, floor and ceiling. (sec.9-oc.2-ssec.5B) Where, under subsection (5A) , a balcony, courtyard, roof garden or other area of a building is included as part of a lot shown on a leasehold building units plan— that part of the boundary of the lot that is not the centre of a wall and would, but for the operation of subsection (5A) , be required to be the centre of a wall shall be the vertical plane from the upper boundary of the lot to the floor along the line described connecting the centres of the permanent vertical structures of the building approved for that purpose by the registrar of titles (which may include part of a wall) on that boundary, with the centres of the walls that form part of the boundary of the lot; that part of the boundary of the lot that is not the centre of a ceiling and would, but for subsection (5A) , be required to be the centre of a ceiling shall be the horizontal plane from the edge of the existing ceiling to the vertical boundary of the lot over which that ceiling does not extend at the level or levels of the walls and, where paragraph (a) applies, the permanent vertical structures to that part, such that, in any case, the plane is no higher than the boundary of the area of the lot that is the centre of a ceiling. (amended) (sec.9-oc.2-ssec.6) (not applied) (sec.9-oc.2-ssec.7) Every leasehold building units plan lodged for registration shall be endorsed with or be accompanied by a certificate of the local government sealed with the common seal of the local government that the proposed subdivision of the parcel as illustrated in the leasehold building units plan has been approved by the local government and that all the requirements of the principal Act and, where the corporation is not the local government, the Local Government (Planning and Environment) Act 1990 as modified by this Act and the principal Act have been complied with in regard to the subdivision. (amended) (sec.9-oc.2-ssec.8) Every leasehold building units plan lodged for registration shall be endorsed with or be accompanied by certificates respectively— where the proposed parcel will not be a stratum parcel—of a cadastral surveyor within the meaning of the Surveyors Act 2003 that the building shown on the leasehold building units plan is within the external surface boundaries of the parcel the subject of the leasehold building units plan and, where a part of the building projects beyond such external boundaries, that an appropriate easement has been granted as an appurtenance of the parcel or, where that projection is over a road, that the local government has consented and, where the corporation is not the local government, such consent is given under the local laws of the local government, as the case may be; and of a cadastral surveyor within the meaning of the Surveyors Act 2003 containing the particulars prescribed; and where the proposed parcel will be a stratum parcel—of a cadastral surveyor within the meaning of the Surveyors Act 2003 that— part only of a building is included in the proposed stratum parcel; and the proposed stratum parcel and that building are wholly within the external surface boundaries of the site of the building and, where eaves or guttering project beyond such external boundaries, that an appropriate easement has been granted as an appurtenance of the parcel or, where that projection is over a road, that the local government has consented and, where the corporation is not the local government, such consent is given pursuant to the local laws of the local government, as the case may be; and that each part of the building and so much (if any) of the site as constitute the proposed lots and the common property (if any) shown on the leasehold building units plan are wholly within the proposed stratum parcel and, where eaves or guttering project beyond such external boundaries, that an appropriate easement has been granted as an appurtenance of the parcel or, where that projection is over a road, that the local government, has consented and, where the corporation is not the local government such consent is given under the local laws of the local government, as the case may be; and of an architect within the meaning of the Architects Act 1962 that the building has been substantially completed in accordance with plans and specifications approved by the building approvals authority or a designated officer of the building approvals authority or, where the building has not been constructed under the supervision of an architect, of a building surveyor (or where there is no building surveyor a building inspector) of the building approvals authority (which certificate a building surveyor or building inspector is hereby authorised to give unless otherwise directed by the building approvals authority) that the building has been substantially completed in accordance with plans and specifications approved by the building approvals authority or a designated officer of the building approvals authority. Now see the Architects Act 2002 , section 146 . (amended) (sec.9-oc.2-ssec.9) No certificate given by a building surveyor or building inspector in good faith for the purposes of subsection (8) (c) shall subject the building surveyor or building inspector to any liability whatsoever and the proof or any allegation of the absence of good faith on the part of the building surveyor or building inspector shall be upon the person so alleging. (amended) (sec.9-oc.2-ssec.10) In this section— building inspector and building surveyor include, where there is no building surveyor or building inspector of the building approvals authority, the officer of the building approvals authority whose duties include the performance of duties usually undertaken by a building surveyor or building inspector of the building approvals authority. (amended) (sec.9-oc.2-ssec.11) Before registering a leasehold building units plan, the registrar of titles may require proof to his or her satisfaction by statutory declaration or otherwise of the time of commencement of construction of the building to which the leasehold building units plan relates. (amended) (sec.9-oc.2-ssec.12) (not applied) (sec.9-oc.2-ssec.13) Before registering a leasehold building units plan, the registrar of titles may make or cause to be made such inspection of the parcel to which the leasehold building units plan relates as the registrar of titles considers necessary. (amended) (sec.9-oc.2-ssec.14) Upon lodgement for registration of a leasehold building units plan, the registrar of titles shall allot a number to the plan. (amended) (sec.9-oc.2-ssec.15) Registration of a leasehold building units plan shall be effected by notifying under the seal of the registrar of titles on the leasehold building units plan the fact and date of such registration. (amended) (sec.9-oc.2-ssec.16) Every leasehold building units plan, leasehold plan of resubdivision or amalgamation or notice of conversion lodged for registration shall be accompanied by the relevant titles registry fees (including the fee mentioned in section 14 ). (amended) (sec.9-oc.2-ssec.17) If a proposed leasehold building units plan provides for common property, a reference in subsection (1) to a lease of common property is a reference to a lease of common property from the lessor to the body corporate to be constituted on the registration of the leasehold building units plan, being a lease executed by the lessor as agent for that body corporate. (new) (sec.9-oc.2-ssec.18) Where a meeting of persons who are lessees of the land comprised in a parcel has been held for the purposes of subsection (1A) (b) and a majority (but not all) of those persons supported a resolution for the subdivision of the land as shown on a proposed leasehold building units plan, any 1 or more of the persons who supported the resolution may apply to the Court for an order under subsection (19) . (new) (sec.9-oc.2-ssec.19) On hearing an application made under subsection (18) , the Court may, if it appears to it to be just and equitable to do so, make— an order approving the subdivision of the land as shown on the proposed leasehold building units plan; and an order directing the registrar of titles to register the approved leasehold building units plan; and such other orders that, in the opinion of the Court, are appropriate in the circumstances. (new) (sec.9-oc.2-ssec.20) Notice of an application made under subsection (18) must be given to any person who is a lessee of a part of the parcel concerned unless that person is the applicant or, as the case may be, one of the applicants. (new) - (a) where the leasehold building units plan does not relate to a proposed stratum parcel—delineate the external surface boundaries of the parcel and in relation to those boundaries delineate the location of the building; and - (b) where the leasehold building units plan relates to a proposed stratum parcel—delineate the external surface boundaries of the site of the building, being the building of which the proposed stratum parcel forms part, and, in relation to those boundaries delineate the location of— (i) the building; and (ii) the proposed stratum parcel; and, in relation to the external surface boundaries of the proposed stratum parcel, delineate the location of the part of the building which will be the subject of the proposed leasehold building units plan; and - (i) the building; and - (ii) the proposed stratum parcel; - (c) where the leasehold building units plan comprises contiguous common property or non-contiguous common property, or both—delineate the external surface boundaries of that common property and in relation to those boundaries show the location of that common property in relation to the parcel or, in the case of a proposed stratum parcel, to the site on which is erected the building part of which is comprised in the leasehold building units plan; and - (d) bear a statement containing such particulars as may be necessary to identify the title to such parcel; and - (e) include a drawing illustrating the lots and distinguishing such lots by numbers; and - (f) define the boundaries of each lot— (i) where the leasehold building units plan does not relate to a proposed stratum parcel—in the building; or (ii) where the leasehold building units plan relates to a proposed stratum parcel—in part of the building; by reference to floors, walls, ceilings and, in the case where a boundary may be defined by reference to a permanent structure or permanent structures of the building, each such structure, but in doing so it shall not be necessary to show any bearing or dimensions of a lot; and - (i) where the leasehold building units plan does not relate to a proposed stratum parcel—in the building; or - (ii) where the leasehold building units plan relates to a proposed stratum parcel—in part of the building; - (g) show the approximate floor area of each lot; and - (h) have endorsed upon it a schedule complying with the provisions of section 19 ; and - (i) have endorsed upon it— (i) where the leasehold building units plan does not relate to a proposed stratum parcel—the name of the building; or (ii) where the leasehold building units plan relates to a proposed stratum parcel—the name of the proposed stratum parcel; and - (i) where the leasehold building units plan does not relate to a proposed stratum parcel—the name of the building; or - (ii) where the leasehold building units plan relates to a proposed stratum parcel—the name of the proposed stratum parcel; and - (j) have endorsed upon it the address at which documents may be served on the body corporate in accordance with section 127 ; and - (k) contain such other features as may be prescribed. - (i) the building; and - (ii) the proposed stratum parcel; - (i) where the leasehold building units plan does not relate to a proposed stratum parcel—in the building; or - (ii) where the leasehold building units plan relates to a proposed stratum parcel—in part of the building; - (i) where the leasehold building units plan does not relate to a proposed stratum parcel—the name of the building; or - (ii) where the leasehold building units plan relates to a proposed stratum parcel—the name of the proposed stratum parcel; and - (a) where land which is subject to a lease or leases registered under the Land Title Act 1994 which is or are intended to be replaced wholly or partly by leases of each of the lots and the common property (if any) shown on the leasehold building units plan— (i) the replacement leases relating to the proposed lots and, if the leasehold building units plan provides for common property, the common property, have been lodged in the land registry for registration; and (ii) those replacement leases are expressed to be wholly or partly in substitution for the lease or leases first referred to in this paragraph; and (iii) the terms of those replacement leases are all expressed to commence on registration of the leasehold building units plan and to expire at the same time as the lease or leases first referred to in this paragraph and, if those replacement leases confer rights of renewal, the renewal terms are the same; and - (i) the replacement leases relating to the proposed lots and, if the leasehold building units plan provides for common property, the common property, have been lodged in the land registry for registration; and - (ii) those replacement leases are expressed to be wholly or partly in substitution for the lease or leases first referred to in this paragraph; and - (iii) the terms of those replacement leases are all expressed to commence on registration of the leasehold building units plan and to expire at the same time as the lease or leases first referred to in this paragraph and, if those replacement leases confer rights of renewal, the renewal terms are the same; and - (b) where the land is subject to leases registered under the Land Title Act 1994 which are intended to subsist (after the leasehold building units plan is registered) as leases of each of the lots shown on the leasehold building units plan— (i) the terms of those leases have commenced and are all expressed to expire at the same time and, if those leases confer rights of renewal, the renewal terms are the same; and (ii) a certificate of a cadastral surveyor within the meaning of the Surveyors Act 2003 has been produced to the registrar of titles, stating that the area to which each of those leases relates (not being an area that is leased solely or principally for use by lessees of the land in common with each other) corresponds to a lot or lots shown on the plan; and (iii) a meeting of the lessees is held and a resolution is proposed agreeing to the proposed subdivision of the land as shown on the leasehold building units plan; and (iv) there is produced to the registrar of titles at the time of lodgement of the leasehold building units plan— (A) where all of the lessees agree to the resolution referred to in subparagraph (iii) —a certificate in the approved form, purporting to be signed by the persons prescribed for the purposes of this subparagraph, stating that the resolution was so passed; or (B) where a majority but not all of the lessees agree to the resolution referred to in subparagraph (iii) —a copy of an order made under subsection (19) approving the proposed subdivision; and (v) if the leasehold building units plan provides for common property—there has been lodged in the land registry for registration a lease of the common property; and (vi) the term of the lease of the common property is expressed to commence on registration of the leasehold building units plan and to expire at the same time as the terms of the leases referred to in subparagraph (i) and, if the leases so referred to confer rights of renewal, the lease of the common property confers a right of renewal for a term that is the same as that conferred by those rights; and - (i) the terms of those leases have commenced and are all expressed to expire at the same time and, if those leases confer rights of renewal, the renewal terms are the same; and - (ii) a certificate of a cadastral surveyor within the meaning of the Surveyors Act 2003 has been produced to the registrar of titles, stating that the area to which each of those leases relates (not being an area that is leased solely or principally for use by lessees of the land in common with each other) corresponds to a lot or lots shown on the plan; and - (iii) a meeting of the lessees is held and a resolution is proposed agreeing to the proposed subdivision of the land as shown on the leasehold building units plan; and - (iv) there is produced to the registrar of titles at the time of lodgement of the leasehold building units plan— (A) where all of the lessees agree to the resolution referred to in subparagraph (iii) —a certificate in the approved form, purporting to be signed by the persons prescribed for the purposes of this subparagraph, stating that the resolution was so passed; or (B) where a majority but not all of the lessees agree to the resolution referred to in subparagraph (iii) —a copy of an order made under subsection (19) approving the proposed subdivision; and - (A) where all of the lessees agree to the resolution referred to in subparagraph (iii) —a certificate in the approved form, purporting to be signed by the persons prescribed for the purposes of this subparagraph, stating that the resolution was so passed; or - (B) where a majority but not all of the lessees agree to the resolution referred to in subparagraph (iii) —a copy of an order made under subsection (19) approving the proposed subdivision; and - (v) if the leasehold building units plan provides for common property—there has been lodged in the land registry for registration a lease of the common property; and - (vi) the term of the lease of the common property is expressed to commence on registration of the leasehold building units plan and to expire at the same time as the terms of the leases referred to in subparagraph (i) and, if the leases so referred to confer rights of renewal, the lease of the common property confers a right of renewal for a term that is the same as that conferred by those rights; and - (c) where the leasehold building units plan is lodged in circumstances different from those described in paragraph (a) or (b) — (i) there have been lodged in the land registry for registration leases from the lessor of each of the lots (which may consist of or include leases to the lessor) and, if the leasehold building units plan provides for common property, a lease of the common property; and (ii) the terms of the leases referred to in subparagraph (i) are all expressed to commence on registration of the leasehold building units plan (but, in the case of the leases of the lots, may be expressed to commence before registration of the leasehold building units plan) and to expire at the same time and, if the leases confer rights of renewal, the renewal terms are the same. - (i) there have been lodged in the land registry for registration leases from the lessor of each of the lots (which may consist of or include leases to the lessor) and, if the leasehold building units plan provides for common property, a lease of the common property; and - (ii) the terms of the leases referred to in subparagraph (i) are all expressed to commence on registration of the leasehold building units plan (but, in the case of the leases of the lots, may be expressed to commence before registration of the leasehold building units plan) and to expire at the same time and, if the leases confer rights of renewal, the renewal terms are the same. - (i) the replacement leases relating to the proposed lots and, if the leasehold building units plan provides for common property, the common property, have been lodged in the land registry for registration; and - (ii) those replacement leases are expressed to be wholly or partly in substitution for the lease or leases first referred to in this paragraph; and - (iii) the terms of those replacement leases are all expressed to commence on registration of the leasehold building units plan and to expire at the same time as the lease or leases first referred to in this paragraph and, if those replacement leases confer rights of renewal, the renewal terms are the same; and - (i) the terms of those leases have commenced and are all expressed to expire at the same time and, if those leases confer rights of renewal, the renewal terms are the same; and - (ii) a certificate of a cadastral surveyor within the meaning of the Surveyors Act 2003 has been produced to the registrar of titles, stating that the area to which each of those leases relates (not being an area that is leased solely or principally for use by lessees of the land in common with each other) corresponds to a lot or lots shown on the plan; and - (iii) a meeting of the lessees is held and a resolution is proposed agreeing to the proposed subdivision of the land as shown on the leasehold building units plan; and - (iv) there is produced to the registrar of titles at the time of lodgement of the leasehold building units plan— (A) where all of the lessees agree to the resolution referred to in subparagraph (iii) —a certificate in the approved form, purporting to be signed by the persons prescribed for the purposes of this subparagraph, stating that the resolution was so passed; or (B) where a majority but not all of the lessees agree to the resolution referred to in subparagraph (iii) —a copy of an order made under subsection (19) approving the proposed subdivision; and - (A) where all of the lessees agree to the resolution referred to in subparagraph (iii) —a certificate in the approved form, purporting to be signed by the persons prescribed for the purposes of this subparagraph, stating that the resolution was so passed; or - (B) where a majority but not all of the lessees agree to the resolution referred to in subparagraph (iii) —a copy of an order made under subsection (19) approving the proposed subdivision; and - (v) if the leasehold building units plan provides for common property—there has been lodged in the land registry for registration a lease of the common property; and - (vi) the term of the lease of the common property is expressed to commence on registration of the leasehold building units plan and to expire at the same time as the terms of the leases referred to in subparagraph (i) and, if the leases so referred to confer rights of renewal, the lease of the common property confers a right of renewal for a term that is the same as that conferred by those rights; and - (A) where all of the lessees agree to the resolution referred to in subparagraph (iii) —a certificate in the approved form, purporting to be signed by the persons prescribed for the purposes of this subparagraph, stating that the resolution was so passed; or - (B) where a majority but not all of the lessees agree to the resolution referred to in subparagraph (iii) —a copy of an order made under subsection (19) approving the proposed subdivision; and - (i) there have been lodged in the land registry for registration leases from the lessor of each of the lots (which may consist of or include leases to the lessor) and, if the leasehold building units plan provides for common property, a lease of the common property; and - (ii) the terms of the leases referred to in subparagraph (i) are all expressed to commence on registration of the leasehold building units plan (but, in the case of the leases of the lots, may be expressed to commence before registration of the leasehold building units plan) and to expire at the same time and, if the leases confer rights of renewal, the renewal terms are the same. - (a) the land is subject to 1 or more leases (the original leases ) registered under the Land Title Act 1994 that— (i) are intended to be replaced wholly or partly by leases of each of the lots and the common property, if any, shown on the leasehold building units plan; and (ii) are expressed to end on registration of the leasehold building units plan; and - (i) are intended to be replaced wholly or partly by leases of each of the lots and the common property, if any, shown on the leasehold building units plan; and - (ii) are expressed to end on registration of the leasehold building units plan; and - (b) 1 or more leases (the replacement leases ) are expressed to start on registration of the leasehold building units plan; - (i) are intended to be replaced wholly or partly by leases of each of the lots and the common property, if any, shown on the leasehold building units plan; and - (ii) are expressed to end on registration of the leasehold building units plan; and - (a) a registered building units plan under the Building Units and Group Titles Act; or - (b) a registered leasehold building units plan; - (c) the Building Units and Group Titles Act, section 120 ; or - (d) section 120 of this Act. - (a) except as provided by paragraph (b) , the centre of the wall, floor or ceiling, as the case may be; or - (b) as described in the leasehold building units plan in the prescribed manner by reference to a wall, floor or ceiling, as the case may be. - (a) that part of the boundary of the lot that is not the centre of a wall and would, but for the operation of subsection (5A) , be required to be the centre of a wall shall be the vertical plane from the upper boundary of the lot to the floor along the line described connecting the centres of the permanent vertical structures of the building approved for that purpose by the registrar of titles (which may include part of a wall) on that boundary, with the centres of the walls that form part of the boundary of the lot; - (b) that part of the boundary of the lot that is not the centre of a ceiling and would, but for subsection (5A) , be required to be the centre of a ceiling shall be the horizontal plane from the edge of the existing ceiling to the vertical boundary of the lot over which that ceiling does not extend at the level or levels of the walls and, where paragraph (a) applies, the permanent vertical structures to that part, such that, in any case, the plane is no higher than the boundary of the area of the lot that is the centre of a ceiling. - (a) where the proposed parcel will not be a stratum parcel—of a cadastral surveyor within the meaning of the Surveyors Act 2003 that the building shown on the leasehold building units plan is within the external surface boundaries of the parcel the subject of the leasehold building units plan and, where a part of the building projects beyond such external boundaries, that an appropriate easement has been granted as an appurtenance of the parcel or, where that projection is over a road, that the local government has consented and, where the corporation is not the local government, such consent is given under the local laws of the local government, as the case may be; and - (ab) of a cadastral surveyor within the meaning of the Surveyors Act 2003 containing the particulars prescribed; and - (b) where the proposed parcel will be a stratum parcel—of a cadastral surveyor within the meaning of the Surveyors Act 2003 that— (i) part only of a building is included in the proposed stratum parcel; and (ii) the proposed stratum parcel and that building are wholly within the external surface boundaries of the site of the building and, where eaves or guttering project beyond such external boundaries, that an appropriate easement has been granted as an appurtenance of the parcel or, where that projection is over a road, that the local government has consented and, where the corporation is not the local government, such consent is given pursuant to the local laws of the local government, as the case may be; and (iii) that each part of the building and so much (if any) of the site as constitute the proposed lots and the common property (if any) shown on the leasehold building units plan are wholly within the proposed stratum parcel and, where eaves or guttering project beyond such external boundaries, that an appropriate easement has been granted as an appurtenance of the parcel or, where that projection is over a road, that the local government, has consented and, where the corporation is not the local government such consent is given under the local laws of the local government, as the case may be; and - (i) part only of a building is included in the proposed stratum parcel; and - (ii) the proposed stratum parcel and that building are wholly within the external surface boundaries of the site of the building and, where eaves or guttering project beyond such external boundaries, that an appropriate easement has been granted as an appurtenance of the parcel or, where that projection is over a road, that the local government has consented and, where the corporation is not the local government, such consent is given pursuant to the local laws of the local government, as the case may be; and - (iii) that each part of the building and so much (if any) of the site as constitute the proposed lots and the common property (if any) shown on the leasehold building units plan are wholly within the proposed stratum parcel and, where eaves or guttering project beyond such external boundaries, that an appropriate easement has been granted as an appurtenance of the parcel or, where that projection is over a road, that the local government, has consented and, where the corporation is not the local government such consent is given under the local laws of the local government, as the case may be; and - (c) of an architect within the meaning of the Architects Act 1962 that the building has been substantially completed in accordance with plans and specifications approved by the building approvals authority or a designated officer of the building approvals authority or, where the building has not been constructed under the supervision of an architect, of a building surveyor (or where there is no building surveyor a building inspector) of the building approvals authority (which certificate a building surveyor or building inspector is hereby authorised to give unless otherwise directed by the building approvals authority) that the building has been substantially completed in accordance with plans and specifications approved by the building approvals authority or a designated officer of the building approvals authority. Editor’s note— Now see the Architects Act 2002 , section 146 . - (i) part only of a building is included in the proposed stratum parcel; and - (ii) the proposed stratum parcel and that building are wholly within the external surface boundaries of the site of the building and, where eaves or guttering project beyond such external boundaries, that an appropriate easement has been granted as an appurtenance of the parcel or, where that projection is over a road, that the local government has consented and, where the corporation is not the local government, such consent is given pursuant to the local laws of the local government, as the case may be; and - (iii) that each part of the building and so much (if any) of the site as constitute the proposed lots and the common property (if any) shown on the leasehold building units plan are wholly within the proposed stratum parcel and, where eaves or guttering project beyond such external boundaries, that an appropriate easement has been granted as an appurtenance of the parcel or, where that projection is over a road, that the local government, has consented and, where the corporation is not the local government such consent is given under the local laws of the local government, as the case may be; and - (a) an order approving the subdivision of the land as shown on the proposed leasehold building units plan; and - (b) an order directing the registrar of titles to register the approved leasehold building units plan; and - (c) such other orders that, in the opinion of the Court, are appropriate in the circumstances.