21BSubdivision of units and common property

21B Subdivision of units and common property (1) Units or common property, or units and common property, may be subdivided by the registration of a plan as a units plan of subdivision. (2) A plan shall not be registered as a units plan of subdivision unless: (a) it consists of a floor plan and location plan; (b) that floor plan and location plan are accompanied by a certificate given by a licensed surveyor certifying that every: (i) wall, the inner surface or any part of which corresponds substantially with a line shown on the floor plan relating to the proposed subdivision as a boundary of a proposed unit, exists; (ii) floor or ceiling, the upper or under surface or any part of which forms a boundary of a proposed unit, exists; (iii) wall, floor, ceiling or structural cubic space, by reference to which a boundary of a proposed unit is to be ascertained, exists; and (iv) unit illustrated by that floor plan and location plan is wholly within the perimeter of a parcel, but such a certificate shall not certify as to the matters referred to in subparagraph (i), (ii) or (iii) in respect of a wall, floor, ceiling or structural cubic space if the inner, upper or under surface or any part of that wall, floor or ceiling was, immediately before the subdivision, a boundary of a unit the subject of the proposed subdivision or if the boundary of any such unit was, immediately before the subdivision, ascertained by reference to a wall, floor, ceiling or structural cubic space; and (c) it is accompanied by: (i) in the case of a units plan of subdivision relating in whole or in part to an existing building – a building certificate in relation to the building; (ii) in the case of a units plan of subdivision in relation to a proposed building – certification in writing by a person approved by the Surveyor-General that the use of the land as proposed will be in accordance with the development provisions, and any interim development

Unit Titles Act 1975 16 control orders, under the Planning Act 1999, affecting that land; and (iii) in the case of a units plan of subdivision relating to a proposed subdivision of an existing building and a proposed building – a certificate referred to in subparagraph (i) and the certification referred to in subparagraph (ii). (3) Sections 22 to 25 inclusive with the necessary changes apply to and in relation to the registration, as a units plan of subdivision, of a plan illustrating a proposed subdivision referred to in section 4(6) in the same way as they apply to and in relation to the registration of a plan as a units plan. (4) In subsection (2)(c)(i): building certificate means: (a) a certificate issued under section 40 of the repealed Act as defined in section 4 of the Building Act 1993; or (b) occupancy certification as defined in section 4 of the Building Act 1993.