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Unit Titles Act 2001
17Unit title applications—general requirements
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17 Unit title applications—general requirements
(1) This section applies to a parcel if the remaining term of the parcel’s
lease is at least 50 years.
(2) The lessee of the parcel may apply to the territory planning authority
for approval of the subdivision of the parcel under this Act.
(3) The application must provide for the subdivision of the parcel into—
(a) class A units or class B units, but not both; and
(b) unit subsidiaries (if any are provided for in the application); and
(c) common property (for the remaining parts of the parcel).
Note The requirements for what may be shown as class A units, class B units
and unit subsidiaries are set out in s 18 and s 19.
(4) The application may provide for the development of all or some of
the units and unit subsidiaries (their staged development) after the
approval of the application.
Note An application for a staged development may be approved only if—
(a) the development has development approval under the Planning
Act 2023 (see s 20 (3) and that Act, ch 7); and
(b) for developments of class A units, the boundary floors, walls and
ceilings of each unit have already been built in accordance with the
development statement (see s 20 (3)).
(5) The application must include—
(a) if the parcel is prescribed by regulation—
(i) a unit title assessment report that is not more than 3 months
old; and
(ii) if a work approval for the development is required under
the Public Unleased Land Act 2013, section 19 (Approval
to carry out work on public unleased land)—a copy of the
approval; and
(b) a plan prepared by a registered surveyor showing anything
Note Unit title assessment report—see s 22B.
(6) The application must include a statement about the proposed use of
the units indicating—
(a) the full list of potential authorised uses under the lease for the
parcel; and
(b) if the developer proposes to restrict the use of a unit to a subset
of the potential uses mentioned in paragraph (a)—
(i) the proposed subset of uses that applies to the unit; and
(ii) the conditions (if any) applying to a stated use.
Example—par (b) (ii)
use of a unit for ‘shop’ only if that use will not make the total gross floor area
of the building that is used for ‘shop’ more than 800m2
(7) If the application provides for a staged development, it must
include—
(a) a development statement prepared in accordance with the
regulations; and
(b) on the completion of each stage of the development, the
documents mentioned in subsection (5).
(8) In this section:
stage, of a development, means a stage identified in the development
statement.