4 Interpretation
(1) In this Act:
administrator means an administrator appointed under section 90.
building, in relation to proposals for subdivision, includes a building
proposed to be erected.
building development means the subdivision under this Act of a
parcel and its development in accordance with a disclosure
statement as defined in section 26ZF.
Building Development Parcel means a parcel to be subdivided
into building lots and common property in accordance with
Part IVC.
building development plan means a building development plan of
subdivision lodged under section 26ZI.
building lot means a part of a Building Development Parcel that
may be further subdivided into common property and 2 or more
units in accordance with Part III or IVA.
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building management corporation means a body corporate
constituted under section 28(1).
committee means the committee of a corporation constituted by
section 32.
committee-man means a member of a committee.
common property means so much of a parcel as is not within a
unit.
condominium development means the subdivision under this Act
of a parcel and its development in stages in accordance with a
disclosure statement as defined in section 26A.
corporation means a body corporate constituted under section 27
or 28.
estate development means the subdivision under this Act of a
parcel and its development (whether or not in stages) in
accordance with a disclosure statement as defined in section 26N.
estate management corporation means a body corporate
constituted under section 27(1) in relation to an estate
floor includes a stairway and ramp.
floor area, in relation to a cubic space, means the area occupied
on a horizontal plane by the base of that cubic space.
floor plan, in relation to a building, means a plan, consisting of one
or more sheets, which:
(a) defines by lines (in paragraph (c) of this definition referred to
as base lines) the base of each vertical boundary of every
cubic space forming the whole of a proposed unit, or the
whole or any part of a proposed unit, to which the plan relates;
(b) shows:
(i) the floor area of such cubic space; and
(ii) where the cubic space forms part only of a proposed
unit, the aggregate of the floor areas of every cubic
space that forms part of the proposed unit; and
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(c) where proposed units or parts of proposed units to which the
plan relates are superimposed on other proposed units or
parts of proposed units to which the plan relates:
(i) shows the base lines in respect of the proposed units or
parts of the proposed units that are so superimposed
separately from those in respect of the other proposed
units or parts of proposed units upon which they are
superimposed; and
(ii) specifies, by reference to floors or levels, the order in
which that super-imposition occurs,
and, in relation to an estate development, means a lot plan of the
lots and common property into which the parcel is or is proposed to
be subdivided.
general meeting means a general meeting of a corporation.
improved capital value means the amount which a unit might be
expected to realise if offered for sale on such reasonable terms and
conditions as a seller in good faith would require, but in relation to a
unit being premises occupied for trade, business or manufacturing
purposes, does not include the value of plant, machines, tools or
other appliances which are not fixed to the premises or which are
only so fixed that they may be removed without causing structural
damage to the premises.
improvements includes fittings and fixtures.
licensed surveyor means a licensed surveyor within the meaning
of the Licensed Surveyors Act 1983.
location plan means a plan, consisting of one or more sheets,
which relates to land and delineates the perimeter of that land and,
in relation to that perimeter, the location, drawn to scale, of all
buildings erected or proposed to be erected on that land and of any
part of a proposed unit not within a building.
majority resolution, see section 7(6).
management module means a management module prescribed
by regulation under section 58.
member means a member of a corporation.
mortgage means a mortgage within the meaning of the Land Title
Act 2000, and mortgaged has a corresponding meaning.
mortgagee means the registered proprietor of a mortgage.
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ordinary resolution, see section 7(7).
original proprietor, in relation to a units plan, means the person by
whom the parcel was held at the time of registration of the units
plan.
parcel means the whole of the land comprised in a proposal for the
subdivision of a parcel of land or in a units plan, as the case may be
and, in relation to a condominium development or an estate
development to be completed in stages, where the context so
requires, includes the land comprised in the parcel other than that
comprised in a previously completed stage of the condominium
proprietor, in relation to a unit, means the registered proprietor.
registered means registered in the Register:
(a) under the Land Title Act 2000; or
(b) under the Real Property (Unit Titles) Act 1975,
and register and registration have corresponding meanings.
Registrar-General includes an acting or Deputy Registrar-General.
resolution without dissent, see section 7(5).
schedule of unit entitlement means the schedule referred to in
section 11, 21D or 26C(2)(f).
schemes supervisor, see section 5 of the Unit Title Schemes
Act 2009.
special resolution, see section 7(8).
stage, in relation to an estate development, means a separate part
of land into which the Estate, as defined in section 26N(1), is
subdivided and in respect of which the relevant consent authority
has certified under section 65 of the Planning Act 1999 that the
requirements of that Act have been complied with.
structural cubic space means:
(a) cubic space occupied by a vertical structural member, not
being a wall, of a building;
(b) pipes, wires, cables or ducts in a building not for the exclusive
enjoyment of one unit; or
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(c) cubic space enclosed by a structure enclosing such pipes,
wires, cables or ducts.
Surveyor-General, see section 4 of the Licensed Surveyors
Act 1983.
Tribunal means the Civil and Administrative Tribunal.
unanimous resolution, see section 7(4).
unit, except in Part III and subject to section 26P, means one or
more cubic spaces forming part of the parcel to which a units plan
relates, the base of each such cubic space being designated as
one unit on the floor plan which is part of the units plan, being cubic
space the base of the vertical boundaries of which is as delineated
on that floor plan and which has horizontal boundaries as
ascertained under subsection (2), but does not include a structural
cubic space unless it has boundaries described as prescribed and it
is described in the floor plan as part of a unit.
unit entitlement, in relation to a unit, means the number specified
in the schedule of unit entitlement as the unit entitlement for the
unit, being a whole number that represents, as nearly as
practicable, the proportion that the value of the unit bears to the
aggregate value of the units contained in the units plan where the
value of each unit is established by reference to its improved capital
value at the date the schedule of unit entitlement is certified for the
purposes of section 11(1)(b), 21D or 26C(2)(f).
units plan means all the documents referred to in section 20(1)
and endorsed under that section, being documents relating to the
subdivision of the relevant parcel and, in the case of a units plan
relating to a completed stage of a condominium development or an
estate development, includes all those documents relating to that
completed stage and all previously completed stages of the
condominium development or an estate development.
valuer means a valuer within the meaning of the Valuation of Land
Act 1963, and includes the Valuer-General.
wall includes a door, window or other structure dividing a unit from
common property or from another unit.
Note for subsection 4(1)
The Interpretation Act 1978 contains definitions and other provisions that may be
relevant to this Act.
Unit Titles Act 1975 6
(2) The boundaries of a cubic space referred to in paragraph (a) of the
definition of floor plan in subsection (1):
(a) except as provided in paragraph (b) of this subsection are:
(i) in the case of a vertical boundary where the base of a
wall corresponds substantially with a line referred to in
paragraph (a) of that definition – the inner surface of that
wall; and
(ii) in the case of a horizontal boundary where a floor or
ceiling joins a vertical boundary of that cubic space – the
upper surface of that floor and the under surface of that
ceiling; or
(b) are such boundaries as are described on a sheet of the floor
plan relating to that cubic space (those boundaries being
described in the prescribed manner by reference to a wall,
floor or ceiling in the building to which that floor plan relates or
to structural cubic space within that building).
(3) A reference in this Act to cubic space includes a reference to space
contained in any three-dimensional geometric figure.
(4) The fact that a boundary is defined in a units plan in terms of or by
reference to:
(a) a wall that is not vertical; or
(b) a floor or ceiling that is not horizontal,
does not prevent that plan from being a floor plan.
(5) A reference in this Act to:
(a) a units plan, a units plan of subdivision, a units plan of
consolidation or a building alteration plan is a reference to a
plan registered as such; or
(b) a notice of conversion is a reference to a notice registered as
such,
together with all endorsements required to be made on, and all
plans and documents required to accompany, the plan or notice
before it may be registered.
(6) A reference in this Act to a subdivision of a unit or common property
is a reference to the alteration of the boundaries of:
(a) one or more units so as to create 2 or more different units;
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(b) one or more units so as to create one or more different units
and common property;
(c) one or more units and common property so as to create one
or more different units or one or more different units and
common property; or
(d) common property so as to create one or more units,
but does not include a reference to the consolidation of 2 or more
units into one unit or the conversion of one or more units into
(7) A reference in this Act to a unit includes a reference to all unit
subsidiaries appurtenant to that unit before the commencement of
section 3 of the Unit Titles Amendment Act 1986.
(8) A reference in this Act to a schedule of unit entitlement certified by
a valuer means that the valuer certifying the schedule has
established the unit entitlement of each unit appearing in the
schedule by reference to the improved capital value of the units at
the date of certification.
(9) In section 7, Parts IIIA, V, VA, VI, VII, VIII and IX and Schedule 1,
unless the contrary intention appears:
(a) a reference to units is to be read as including a building lot;
and
(b) a reference to units plan is to be read as including a
reference to a building development plan.