Unit Titles Regulation 2001 (ACT)

This regulation prescribes the documentary, diagrammatic and evidentiary requirements that must accompany an application to subdivide land into unit titles under the Unit Titles Act 2001, and it creates criminal offences and partner liability for false or misleading material supplied in those contexts. It sets content and format rules for the unit title assessment report (division 2.1A: ss 2-2G), specifies permitted unit subsidiaries and how particular elements (for example, uncovered balconies and stairways) must be shown on applications (ss 3-4), details the diagrammatic and plan requirements (ss 5-6), requires a schedule of unit entitlements and rent with precise numeric constraints (s 7 and the dictionary), prescribes what must be in a development statement for staged developments (s 8), lists the planning zones for which special rules apply (s 8A), defines how the territory planning authority must endorse approved units plans and which registered-surveyor certifications must accompany them (s 9), and prescribes commonly contested items treated as attachments and exceptions (s 10).

Mechanically, the regulation does the following:

Defines the content and supporting documents for a "unit title assessment report" (ss 2, 2B, 2D, 2E). It requires the assessor to record site-inspection dates and to state that the development is complete (s 2D(g)-(h)). Many accompanying documents must be current (not more than 3 months old) (s 2E(1)(b)-(h)).
Establishes criminal offences with statutory maxima (60 penalty units) for (a) making false or misleading statements in the application (s 2C), (b) preparing a false or misleading assessment report (s 2F), and (c) providing such a report as part of the unit title application (s 2G). The provisions extend to partners and provide statutory defences for partners in limited circumstances (ss 2F(2)-(3), 2G(2)-(3)).

Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Australian Capital Territory Unit Titles Regulation 2001 SL2001-15 made under the Unit Titles Act 2001 Republication No 21 Effective: 27 November 2023 Republication date: 27 November 2023 Last amendment made by A2023-36

Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au About this republication The republished law This is a republication of the Unit Titles Regulation 2001, made under the Unit Titles Act 2001 (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 27 November 2023. It also includes any commencement, amendment, repeal or expiry affecting this republished law to 27 November 2023. The legislation history and amendment history of the republished law are set out in endnotes 3 and 4. Kinds of republications The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at www.legislation.act.gov.au): • authorised republications to which the Legislation Act 2001 applies • unauthorised republications. The status of this republication appears on the bottom of each page. Editorial changes The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication. Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice. This republication does not include amendments made under part 11.3 (see endnote 1). Uncommenced provisions and amendments If a provision of the republished law has not commenced, the symbol U appears immediately before the provision heading. Any uncommenced amendments that affect this republished law are accessible on the ACT legislation register (www.legislation.act.gov.au). For more information, see the home page for this law on the register. Modifications If a provision of the republished law is affected by a current modification, the symbol M appears immediately before the provision heading. The text of the modifying provision appears in the endnotes. For the legal status of modifications, see the Legislation Act 2001, section 95. Penalties At the republication date, the value of a penalty unit for an offence against this law is $160 for an individual and $810 for a corporation (see Legislation Act 2001, s 133).

R21 27/11/23 Unit Titles Regulation 2001 Effective: 27/11/23 contents 1 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Australian Capital Territory Unit Titles Regulation 2001 made under the Unit Titles Act 2001 Contents Page Part 1 Preliminary 1 Name of regulation 2 1A Dictionary 2 Part 2 Unit title applications Division 2.1A Unit title assessment report 2 Definitions—div 2.1A 3 2A Prescription of parcel—Act, s 17 (5) (a) 3 2B Unit title assessment report application—Act, s 22B (2) 4 2C Offence—false or misleading information in application 4 2D Unit title assessment report—contents—Act, s 22B (5) (a) 5

Contents Page contents 2 Unit Titles Regulation 2001 Effective: 27/11/23 R21 27/11/23 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 2E Unit title assessment report—accompanying material— Act, s 22B (5) (b) 8 2F Offence—preparing false or misleading unit title assessment report 10 2G Offence—providing false or misleading unit title assessment report in application for unit title 12 Division 2.1 Unit subsidiaries 3 Permissible unit subsidiaries—Act, s 19 13 Division 2.2 Detailed requirements 4 Uncovered balconies and stairways 14 5 Diagrams—manner of subdivision 15 6 Boundary diagrams 15 7 Schedule of unit entitlement and rent 17 Division 2.3 Development statements 8 Staged developments—development statements—Act s 17 (4) 17 Division 2.3A Prescribed zones 8A Unit title applications—prescribed zones—Act, s 20 (10), def prescribed zone 19 Division 2.4 Approval of units plans 9 Endorsement of units plans—Act, s 27 (2) 20 Division 2.5 Attachments 10 Attachment—Act, dict, def attachment, par (c) 21 Dictionary 22 Endnotes 1 About the endnotes 24 2 Abbreviation key 24 3 Legislation history 25 4 Amendment history 28 5 Earlier republications 32

R21 27/11/23 Unit Titles Regulation 2001 Effective: 27/11/23 page 1 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Australian Capital Territory Unit Titles Regulation 2001 made under the Unit Titles Act 2001

Part 1 Preliminary Section 1 page 2 Unit Titles Regulation 2001 Effective: 27/11/23 R21 27/11/23 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 1 Preliminary 1 Name of regulation This regulation is the Unit Titles Regulation 2001. 1A Dictionary The dictionary at the end of this regulation is part of this regulation. Note 1 The dictionary at the end of this regulation defines certain terms used in this regulation, and includes references (signpost definitions) to other terms defined elsewhere. For example, the signpost definition ‘approved plans—see the Building Act 2004, dictionary.’ means that the term ‘approved plans’ is defined in that dictionary and the definition applies to this regulation. Note 2 A definition in the dictionary (including a signpost definition) applies to the entire regulation unless the definition, or another provision of the regulation, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).

Unit title applications Part 2 Unit title assessment report Division 2.1A Section 2 R21 27/11/23 Unit Titles Regulation 2001 Effective: 27/11/23 page 3 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 2 Unit title applications Division 2.1A Unit title assessment report 2 Definitions—div 2.1A In this division: planning documents, for a parcel, means— (a) the approved plans; and (b) for a development under the Planning Act 2023—a notice of decision given under that Act, division 7.6.2; and (c) for a development under a planning and development law in force in the ACT before the commencement of the Planning Act 2023—an approval given under the law previously in force; and (d) for works in a designated area under the Australian Capital Territory (Planning and Land Management) Act 1988 (Cwlth)— (i) a copy of the proposal to perform works submitted to the National Capital Authority; and (ii) the plans and specifications (if any) required by the National Capital Authority; and (iii) a copy of the approval for the works given by the National Capital Authority. relevant development approval, for a parcel, means the planning documents that show the approval status of development on the parcel immediately before the unit title application is made. 2A Prescription of parcel—Act, s 17 (5) (a) A parcel under the Act, section 5 (a) is prescribed.

Part 2 Unit title applications Division 2.1A Unit title assessment report Section 2B page 4 Unit Titles Regulation 2001 Effective: 27/11/23 R21 27/11/23 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 2B Unit title assessment report application—Act, s 22B (2) The following details and material are prescribed: (a) in relation to the parcel— (i) the block and section number and division; and (ii) the street name and number; and (iii) if the parcel is land under a declared land sublease—the sublease plan number; (b) in relation to the applicant— (i) if the applicant is an entity—the full name of the entity; and (ii) if the applicant is a company—the company name and the Australian Company Number (ACN); and (iii) the postal and email address; and (iv) the contact telephone and facsimile numbers; (c) the number of class A or class B units applied for; (d) the proposed commencement and completion dates of the development; (e) if the application is in relation to a staged development—a schedule of commencement and completion dates for each stage; (f) a copy of the relevant development approval for the parcel; (g) the applicant’s signature. 2C Offence—false or misleading information in application A person commits an offence if— (a) the person applies for a unit title assessment report; and

Unit title applications Part 2 Unit title assessment report Division 2.1A Section 2D R21 27/11/23 Unit Titles Regulation 2001 Effective: 27/11/23 page 5 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (b) the application— (i) includes information that is false or misleading; or (ii) omits something without which the information is false or misleading; and (c) the person knows, or is reckless as to whether, the application— (i) includes information that is false or misleading; or (ii) omits something without which the information is false or misleading. Maximum penalty: 60 penalty units. 2D Unit title assessment report—contents—Act, s 22B (5) (a) (1) The following contents of a unit title assessment report are prescribed: (a) the block and section number, street name and number of the parcel to be subdivided; (b) if the parcel is in a district— (i) that is divided into divisions—the division name; or (ii) that is not divided into divisions—the district name; (c) if the parcel is land under a declared land sublease—the sublease plan number; (d) the following particulars of the unit title assessor: (i) the full name, postal, email, fax and telephone contact details; (ii) the licence number; (iii) if the unit title assessor is a company—the company’s ACN; (e) the date the report is prepared;

Part 2 Unit title applications Division 2.1A Unit title assessment report Section 2D page 6 Unit Titles Regulation 2001 Effective: 27/11/23 R21 27/11/23 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (f) the signature of the unit title assessor or, if the assessor is not a natural person, the signature of the assessor’s nominee under the Construction Occupations (Licensing) Regulation 2004, section 15 (2); (g) the date of each site inspection conducted by the unit title assessor; (h) a statement by the unit title assessor that— (i) the assessor has conducted a site inspection; and (ii) the development is complete; (i) a statement by the unit title assessor that the unit entitlements shown on the certification of unit entitlements are the same as those shown on the schedule of unit entitlement form and that the total number of unit entitlements shown on the form is 10, 100, 1 000, 10 000 or 100 000; (j) if the relevant development approval for the parcel includes a condition in relation to the completed development—an assessment of whether the condition has been complied with; (k) if the landscape plans form part of the relevant development approval—a statement by the unit title assessor that the landscaping has been inspected and complies with the relevant development approval; (l) an assessment based on a site inspection of the extent to which the development is consistent with the site plan and floor plan for the parcel in relation to the following: (i) the position of the boundary of— (A) the parcel; and (B) a unit; and (C) a non-adjoining unit subsidiary; and (D) the common property;

Unit title applications Part 2 Unit title assessment report Division 2.1A Section 2D R21 27/11/23 Unit Titles Regulation 2001 Effective: 27/11/23 page 7 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (ii) the footprint of any building on the parcel, including the footprint of— (A) any building within each unit boundary; and (B) any building within 1 metre of the boundary of the parcel; (iii) the position of boundary fences and boundary walls; (iv) the number of each unit and each non-adjoining unit subsidiary, allocated car park and storage cage, taking account of an address schedule for the parcel (if any); (m) an assessment based on a site inspection of the extent to which the development is consistent with the relevant development approval for the parcel in relation to the following: (i) the number of units in the development; (ii) the position of a retaining wall, courtyard wall, boundary fence, fence within a unit, car parking space, access ramp, carport, garage, bicycle parking space, storage cage, garbage enclosure, letterbox, water tank or lighting that is shown on a plan that forms part of the development approval; (n) an assessment based on a site inspection of the extent to which each unit and unit subsidiary has access to common property without requiring access through another unit or unit subsidiary; (o) a statement by the unit title assessor that— (i) there is a letter box— (A) for a units plan that comprises 3 or more units used for residential purposes—for each unit and for the owners corporation; and (B) for a units plan that comprises less than 3 units used for residential purposes—for each unit; and

Part 2 Unit title applications Division 2.1A Unit title assessment report Section 2E page 8 Unit Titles Regulation 2001 Effective: 27/11/23 R21 27/11/23 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (C) for a units plan that comprises units used for commercial purposes—for the owners corporation; and (D) for a units plan that comprises units used for residential purposes and units used for commercial purposes—for each unit used for a residential purpose and for the owners corporation; and (ii) the numbers on the letter boxes correspond to the numbers for the units, taking account of an address schedule for the parcel (if any). Note 1 If a unit title assessor contravenes an applicable code of practice the unit title assessor commits an offence—see the Construction Occupations (Licensing) Act 2004, s 87. Note 2 If a form is approved under the Act, s 180 for this provision, the form must be used. (2) If the unit title assessment report is in relation to a stage of a staged development, the unit title assessor need only report on those matters mentioned in subsection (1) that relate to the stage. (3) In this section: district—see the Districts Act 2002, dictionary. footprint, of a building on a parcel, means the part of the parcel covered by the extremities of the building at or projected to ground level. stage, of a development, means a stage identified in the development statement. 2E Unit title assessment report—accompanying material— Act, s 22B (5) (b) (1) The following accompanying material is prescribed: (a) the relevant development approval;

Unit title applications Part 2 Unit title assessment report Division 2.1A Section 2E R21 27/11/23 Unit Titles Regulation 2001 Effective: 27/11/23 page 9 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (b) a certification of unit entitlements for the parcel that is not more than 3 months old; (c) a completed schedule of unit entitlement form for the parcel that is not more than 3 months old; (d) a site plan for the parcel that is not more than 3 months old; (e) a floor plan for the parcel that is not more than 3 months old; (f) a completed registered surveyor’s declaration form for the parcel that is not more than 3 months old; (g) a certificate (a fitness for unit title certificate) that— (i) is not more than 3 months old; and (ii) is issued by an eligible building surveyor; and (iii) certifies that each proposed unit in the parcel is suitable for separate occupation; (h) certification by a registered surveyor, not more than 3 months old, that any structure not shown on the site plan or floor plan does not encroach on any of the following: (i) the parcel boundary; (ii) a unit boundary; (iii) a unit subsidiary; (iv) the common property; (i) if an attachment is allowed to encroach on leased or unleased Territory land, certification by a registered surveyor— (i) that is not more than 3 months old; and (ii) that the encroachment is allowed under the Act and the relevant development approval for the parcel; and (iii) that the attachment complies with the approval based on a site inspection; and

Part 2 Unit title applications Division 2.1A Unit title assessment report Section 2F page 10 Unit Titles Regulation 2001 Effective: 27/11/23 R21 27/11/23 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (iv) for leased land—that includes the Land Titles Office dealing number of the registered transfer and grant of the easement; Note Attachment—see the Act, dictionary. (j) if the parcel is land under a declared land sublease—a plan showing the location of utility services on the land and easements benefitting and burdening the land; (k) any other further information obtained by the unit title assessor under the Act, section 22C. (2) In this section: eligible building surveyor means a building surveyor who would be eligible to be appointed as a building certifier of the building if the building were to be built when the fitness for unit title certificate is given. registered surveyor’s declaration form means the surveyor’s declaration form approved under the Land Titles Act 1925, section 140. 2F Offence—preparing false or misleading unit title assessment report (1) A unit title assessor commits an offence if— (a) the unit title assessor prepares a unit title assessment report; and (b) the report— (i) is false or misleading; or (ii) omits something without which the report is false or misleading; and (c) the person knows, or is reckless as to whether the report— (i) is false or misleading; or

Unit title applications Part 2 Unit title assessment report Division 2.1A Section 2F R21 27/11/23 Unit Titles Regulation 2001 Effective: 27/11/23 page 11 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (ii) omits something without which the report is false or misleading. Maximum penalty: 60 penalty units. (2) Each partner of a unit title assessor commits an offence if— (a) the unit title assessor prepares a unit title assessment report; and (b) the report— (i) is false or misleading; or (ii) omits something without which the report is false or misleading; and (c) the partner, or one of the partners, knows, or is reckless as to whether— (i) the report is false or misleading; or (ii) omits something without which the report is false or misleading. Maximum penalty: 60 penalty units. (3) It is a defence to a prosecution for an offence against subsection (2) if the partner proves— (a) that— (i) the partner did not know about the false or misleading report; and (ii) reasonable precautions were taken and appropriate diligence was exercised to avoid the preparation of a false or misleading report; or (b) that the partner was not in a position to influence the other partners in relation to the preparation of the report.

Part 2 Unit title applications Division 2.1A Unit title assessment report Section 2G page 12 Unit Titles Regulation 2001 Effective: 27/11/23 R21 27/11/23 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 2G Offence—providing false or misleading unit title assessment report in application for unit title (1) A person commits an offence if— (a) the person applies for the subdivision of a parcel under the Act, section 17; and (b) the person provides a unit title assessment report as part of the application; and (c) the report— (i) is false or misleading; or (ii) omits something without which the report is false or misleading; and (d) the person knows, or is reckless as to whether the report— (i) is false or misleading; or (ii) omits something without which the report is false or misleading. Maximum penalty: 60 penalty units. (2) Each partner of a partnership commits an offence if— (a) the partnership applies for the subdivision of a parcel under the Act, section 17; and (b) the partnership provides a unit title assessment report as part of the application; and (c) the report— (i) is false or misleading; or (ii) omits something without which the report is false or misleading; and

Unit title applications Part 2 Unit subsidiaries Division 2.1 Section 3 R21 27/11/23 Unit Titles Regulation 2001 Effective: 27/11/23 page 13 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (d) the partner or one of the partners knows, or is reckless as to whether the report— (i) is false or misleading; or (ii) omits something without which the report is false or misleading. Maximum penalty: 60 penalty units. (3) It is a defence to a prosecution for an offence against subsection (2) if the partner proves— (a) that— (i) the partner did not know about the false or misleading report; and (ii) reasonable precautions were taken and appropriate diligence was exercised to avoid the provision of a false or misleading report; or (b) that the partner was not in a position to influence the other partners in relation to the provision of the report. Division 2.1 Unit subsidiaries 3 Permissible unit subsidiaries—Act, s 19 (1) A unit title application may show as a unit subsidiary a part of the relevant parcel— (a) that is a building, or part of a building, consisting of any of the following: (i) balcony; (ii) corridor; (iii) garage or carport; (iv) gazebo;

Part 2 Unit title applications Division 2.2 Detailed requirements Section 4 page 14 Unit Titles Regulation 2001 Effective: 27/11/23 R21 27/11/23 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (v) laundry; (vi) pergola; (vii) porch; (viii) stairway; (ix) shed; (x) storeroom; (xi) utility room; (xii) verandah; (xiii) any other part of the parcel approved by the territory planning authority under subsection (2); or (b) that is suitable for 1 or more of the following purposes: (i) a garden, lawn or yard; (ii) a carspace or parking area; (iii) a recreation area; (iv) any other purpose approved by the territory planning authority under subsection (2). (2) When approving a unit title application under the Act, section 20, the territory planning authority may approve a part of the parcel for paragraph (a) (xiii) or a purpose for paragraph (b) (iv). Division 2.2 Detailed requirements 4 Uncovered balconies and stairways (1) A unit title application for the subdivision of a parcel under a units plan with class A units must show an uncovered balcony or uncovered stairway as a unit subsidiary or as common property.

Unit title applications Part 2 Detailed requirements Division 2.2 Section 5 R21 27/11/23 Unit Titles Regulation 2001 Effective: 27/11/23 page 15 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (2) A unit title application for the subdivision of a parcel under a units plan with class B units may show an uncovered balcony or uncovered stairway as part of a class B unit, as a unit subsidiary or as common property. 5 Diagrams—manner of subdivision A unit title application must be accompanied by diagrams showing how the parcel is to be subdivided, including the following details: (a) the classification of the units as class A or class B units; (b) any unit subsidiary or subsidiaries annexed to each unit; (c) the number of each unit; (d) the number of each unit subsidiary, consisting of the letter S followed by the number of the unit to which the unit subsidiary is annexed, followed by any further number necessary to distinguish the subsidiary from any other subsidiaries annexed to that unit; (e) if the proposals provide for a class B unit, or a unit subsidiary other than a subsidiary that is a building or a part of a building, with a projection above or below ground level by another part of the parcel— (i) a statement to the effect that the unit or subsidiary is limited in its vertical dimensions by such a projection; and (ii) a statement of the nature of that projection. 6 Boundary diagrams (1) A unit title application must be accompanied by the following diagrams: (a) a boundary diagram showing the following and their relationship to each other: (i) the boundaries of the parcel;

Part 2 Unit title applications Division 2.2 Detailed requirements Section 6 page 16 Unit Titles Regulation 2001 Effective: 27/11/23 R21 27/11/23 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (ii) the extremities of each building on the parcel at (or projected to) ground level; (iii) the boundaries of any class B units; (b) if the parcel is land under a declared land sublease—a boundary diagram of the Crown lease under which the declared land sublease is granted showing the boundaries of the Crown lease and the parcel; (c) if the application provides for a building to be subdivided so that any class A unit is completely or partly above another class A unit, a separate diagram for each floor of the building showing— (i) sufficient particulars, at floor level, to allow the vertical boundaries of each unit on that floor to be worked out (without necessarily stating any bearings or dimensions); and (ii) the approximate area of each unit; (d) if the application provides for a building to be subdivided into class A units otherwise than as mentioned in paragraph (c), a diagram showing— (i) sufficient details, at floor level, to allow the vertical boundaries of each unit on that floor to be worked out (without necessarily stating any bearings or dimensions); and (ii) the approximate area of each unit. (2) The diagrams mentioned in subsection (1) (a) and (d) may be combined. (3) The diagrams required by this section must also show— (a) any unit subsidiary consisting of a building or part of a building as if the subsidiary were a class A unit; and

Unit title applications Part 2 Development statements Division 2.3 Section 7 R21 27/11/23 Unit Titles Regulation 2001 Effective: 27/11/23 page 17 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (b) any other unit subsidiary as if the subsidiary were a class B unit; and (c) the position of boundary fences and boundary walls; and (d) the nature and extent of any encroachments, whether on leased land or unleased land, and their relationship to the parcel or unit boundary, including— (A) whether the encroachment is for use with a unit or the common property; and (B) if the encroachment is for use with a unit—the unit to which the encroachment relates; and (e) the site and nature of any existing or proposed easements affecting the parcel. 7 Schedule of unit entitlement and rent A unit title application must be accompanied by a schedule stating the following: (a) the proposed unit entitlement for each unit as a whole number; (b) a total proposed unit entitlement of 10, 100, 1 000, 10 000 or 100 000; (c) the rent (however expressed) proposed to be reserved under the lease of each unit. Division 2.3 Development statements 8 Staged developments—development statements—Act s 17 (4) (1) A development statement must— (a) include a description of the land consisting of the parcel; and

Part 2 Unit title applications Division 2.3 Development statements Section 8 page 18 Unit Titles Regulation 2001 Effective: 27/11/23 R21 27/11/23 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (b) include a copy of the plans relating to the development, and any amendment of the plans, as approved in the development approval under the Planning Act 2023, chapter 7; and (c) state how the staged development is to be carried out, including— (i) a description of the work (including common property amenities) to be completed in each stage of the development; and (ii) a schedule of commencement and completion dates for each stage; and (iii) the arrangements for access to the parcel during the development; and (iv) the permitted uses of the common property during the development; and (v) landscaping of the parcel; and (d) state that the developer must pay the reasonable expenses incurred by the owners corporation— (i) in repairing any damage to the common property, or to units, in the completed stages of the development that is caused in carrying out the development; and (ii) for any water, sewerage, drainage, gas, electricity, oil, garbage, conditioned air or telephone service used in carrying out the development; and (e) state that the developer must make good, as soon as practicable, any damage to the common property or units in the completed stages of the development caused in carrying out the development; and

Unit title applications Part 2 Prescribed zones Division 2.3A Section 8A R21 27/11/23 Unit Titles Regulation 2001 Effective: 27/11/23 page 19 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (f) state that the standard of materials used, finishes effected, common property improvements, landscaping, roadways and paths to be carried out in the development must not be inferior to or substantially different from those of the buildings and other works in the completed stages of the development; and (g) include a requirement that after the completion of any stated stages of the development, and after the completion of the entire development, the territory planning authority must be provided with a report by a registered surveyor about the position of fully or partially completed buildings in relation to the boundaries of the units and of the parcel. Note If a form is approved under the Act, s 180 for a report by a registered surveyor under par (g), the form must be used. (2) The development statement may apportion the liability for expenses for the use or maintenance of the common property of the staged development differently from the way that liability would otherwise be apportioned by the schedule of unit entitlement. (3) An apportionment under subsection (2) has effect despite the current schedule of unit entitlement, but does not apply to any liability for the use or maintenance of the common property after the development is completed. Note If a form is approved under the Act, s 180 for a development statement, the form must be used. Division 2.3A Prescribed zones 8A Unit title applications—prescribed zones—Act, s 20 (10), def prescribed zone The following zones are prescribed: (a) RZ1 Suburban Zone; (b) RZ2 Suburban Core Zone;

Part 2 Unit title applications Division 2.4 Approval of units plans Section 9 page 20 Unit Titles Regulation 2001 Effective: 27/11/23 R21 27/11/23 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (c) RZ3 Urban Residential Zone; (d) RZ4 Medium Density Residential Zone; (e) RZ5 High Density Residential Zone; (f) IZ1 General Industrial Zone; (g) IZ2 Business Zone. Division 2.4 Approval of units plans 9 Endorsement of units plans—Act, s 27 (2) (1) If the territory planning authority approves a unit title application, the authority must— (a) make, on the approved form, an endorsement that the documents that are to form the units plan are approved under this Act as the units plan for the subdivision of the parcel; and (b) date the endorsement. (2) The boundary diagram that is to form part of the units plan must be endorsed with (or accompanied by) a certificate by a registered surveyor in the approved form. (3) In this section: approved form means the form approved under the Land Titles Act 1925 for an application for registration of a units plan.

Unit title applications Part 2 Attachments Division 2.5 Section 10 R21 27/11/23 Unit Titles Regulation 2001 Effective: 27/11/23 page 21 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Division 2.5 Attachments 10 Attachment—Act, dict, def attachment, par (c) (1) The following are prescribed: (a) fixtures and fittings; Examples—fixtures and fittings • air conditioning units • fire alarm systems • light fittings • security alarm systems (b) architectural embellishments; Examples—architectural embellishments • decorative brackets and screens • planter boxes • window shutters • vertical and horizontal fin blades (c) artworks; (d) signs. (2) However, a thing mentioned in subsection (1) is not an attachment if— (a) it is included in the gross floor area of the building; or (b) it is at ground level; or (c) it is a balcony. (3) In this section: balcony—see the territory plan, dictionary. gross floor area—see the territory plan, dictionary.

Dictionary page 22 Unit Titles Regulation 2001 Effective: 27/11/23 R21 27/11/23 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Dictionary (see s 1A) Note 1 The Legislation Act contains definitions and other provisions relevant to this regulation. Note 2 For example, the Legislation Act, dict, pt 1, defines the following terms: • Act • registered surveyor • territory plan • territory planning authority. Note 3 Terms used in this regulation have the same meaning that they have in the Unit Titles Act 2001 (see Legislation Act, s 148). For example, the following terms are defined in the Unit Titles Act 2001, dictionary: • attachment • building • Crown lessee • declared land sublease • development • staged development • unit subsidiary (see s 12). address schedule, for a parcel, means a schedule that shows the relationship between the numbering of units on the site plan or floor plan of the parcel and the door numbering and street address of the units in the parcel. approved plans—see the Building Act 2004, dictionary. certification of unit entitlements, for a parcel, means a written statement showing the details of the value of unit entitlements for the units in the parcel— (a) prepared by a certified practising member of the Australian Property Institute (ABN 49 007 505 866); and (b) dated and signed by the member. division—see the Districts Act 2002, dictionary.

Dictionary R21 27/11/23 Unit Titles Regulation 2001 Effective: 27/11/23 page 23 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au floor plan means a floor plan prepared for a parcel in the form approved under the Land Titles Act 1925, section 140. schedule of unit entitlement form means the schedule of unit entitlements form approved under the Land Titles Act 1925, section 140. site plan means a site plan prepared for a parcel in the form approved under the Land Titles Act 1925, section 140.

Endnotes 1 About the endnotes page 24 Unit Titles Regulation 2001 Effective: 27/11/23 R21 27/11/23 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Endnotes 1 About the endnotes Amending and modifying laws are annotated in the legislation history and the amendment history. Current modifications are not included in the republished law but are set out in the endnotes. Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel’s Office. Uncommenced amending laws are not included in the republished law. The details of these laws are underlined in the legislation history. Uncommenced expiries are underlined in the legislation history and amendment history. If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering. The endnotes also include a table of earlier republications. 2 Abbreviation key A = Act NI = Notifiable instrument AF = Approved form o = order am = amended om = omitted/repealed amdt = amendment ord = ordinance AR = Assembly resolution orig = original ch = chapter par = paragraph/subparagraph CN = Commencement notice pres = present def = definition prev = previous DI = Disallowable instrument (prev...) = previously dict = dictionary pt = part disallowed = disallowed by the Legislative r = rule/subrule Assembly reloc = relocated div = division renum = renumbered exp = expires/expired R[X] = Republication No Gaz = gazette RI = reissue hdg = heading s = section/subsection IA = Interpretation Act 1967 sch = schedule ins = inserted/added sdiv = subdivision LA = Legislation Act 2001 SL = Subordinate law LR = legislation register sub = substituted LRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced mod = modified/modification or to be expired

Endnotes Legislation history 3 R21 27/11/23 Unit Titles Regulation 2001 Effective: 27/11/23 page 25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 3 Legislation history This regulation was originally the Unit Titles Regulations 2001. It was renamed under the Legislation Act 2001. Unit Titles Regulation 2001 SL2001-15 notified 7 June 2001 (Gaz 2001 No 23) s 1, s 2 commenced 7 June 2001 (IA s 10B) remainder commenced 5 October 2001 (s 2) as amended by Statute Law Amendment Act 2002 A2002-30 pt 3.85 notified LR 16 September 2002 s 1, s 2 taken to have commenced 19 May 1997 (LA s 75 (2)) pt 3.85 commenced 17 September 2002 (s 2 (1)) Planning and Land (Consequential Amendments) Act 2002 A2002-56 sch 3 pt 3.17 notified LR 20 December 2002 s 1, s 2 commenced 20 December 2002 (LA s 75 (1)) sch 3 pt 3.17 commenced 1 July 2003 (s 2 and see Planning and Land Act 2002 A2002-55, s 2) Unit Titles Amendment Regulations 2003 (No 1) SL2003-23 notified LR 29 July 2003 s 1, s 2 commenced 29 July 2003 (LA s 75 (1)) remainder commenced 30 July 2003 (s 2) Unit Titles (Staged Development) Amendment Act 2005 A2005-37 sch 1 pt 1.2 notified LR 26 August 2005 s 1, s 2 commenced 26 August 2005 (LA s 75 (1)) sch 1 pt 1.2 commenced 14 September 2005 (s 2 and CN2005-21) Planning and Development (Consequential Amendments) Act 2007 A2007-25 sch 1 pt 1.33 notified LR 13 September 2007 s 1, s 2 commenced 13 September 2007 (LA s 75 (1)) sch 1 pt 1.33 commenced 31 March 2008 (s 2 and see Planning and Development Act 2007 A2007-24, s 2 and CN2008-1)

Endnotes 3 Legislation history page 26 Unit Titles Regulation 2001 Effective: 27/11/23 R21 27/11/23 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Unit Titles Amendment Act 2008 (No 2) A2008-45 sch 1 pt 1.3 notified LR 10 September 2008 s 1, s 2 commenced 10 September 2008 (LA s 75 (1)) sch 1 amdt 1.10, amdt 1.15 commenced 1 July 2009 (s 2 (1) and CN2008-18) sch 1 pt 1.3 remainder commenced 31 March 2009 (s 2 (1) and CN2008-18) Unit Titles Amendment Regulation 2010 (No 1) SL2010-37 notified LR 7 September 2010 s 1, s 2 commenced 7 September 2010 (LA s 75 (1)) remainder commenced 8 September 2010 (s 2) Planning and Building Legislation Amendment Act 2011 A2011-23 pt 11 notified LR 6 July 2011 pt 1 commenced 6 July 2011 (s 2 (1)) pt 11 commenced 7 July 2011 (s 2 (5)) Planning and Development (Lease Variation Charges) Amendment Regulation 2011 (No 1) SL2011-22 s 8 notified LR 15 July 2011 s 1, s 2 commenced 15 July 2011 (LA s 75 (1)) s 8 commenced 16 July 2011 (s 2) Unit Titles (Management) Act 2011 A2011-41 sch 5 pt 5.13 notified LR 3 November 2011 s 1, s 2 commenced 3 November 2011 (LA s 75 (1)) sch 5 pt 5.13 commenced 30 March 2012 (s 2 and CN2012-6) Planning, Building and Environment Legislation Amendment Act 2012 A2012-23 pt 7 notified LR 28 May 2012 s 1, s 2 commenced 28 May 2012 (LA s 75 (1)) pt 7 commenced 29 May 2012 (s 2) Public Unleased Land Act 2013 A2013-3 sch 2 pt 2.14 notified LR 21 February 2013 s 1, s 2 commenced 21 February 2013 (LA s 75 (1)) sch 2 pt 2.14 commenced 1 July 2013 (s 2 and CN2013-9)

Endnotes Legislation history 3 R21 27/11/23 Unit Titles Regulation 2001 Effective: 27/11/23 page 27 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Unit Titles Amendment Regulation 2015 (No 1) SL2015-8 notified LR 11 March 2015 s 1, s 2 commenced 11 March 2015 (LA s 75 (1)) remainder commenced 12 March 2015 (s 2) Planning and Development (University of Canberra and Other Leases) Legislation Amendment Act 2015 A2015-19 pt 21 notified LR 11 June 2015 s 1, s 2 commenced 11 June 2015 (LA s 75 (1)) pt 21 commenced 1 July 2015 (s 2 and CN2015-9) Planning and Unit Titles Legislation Amendment Act 2021 (No 2) A2021-25 pt 4 notified LR 17 November 2021 s 1, s 2 commenced 17 November 2021 (LA s 75 (1)) pt 4 commenced 18 November 2021 (s 2) Building and Construction Legislation Amendment Regulation 2023 (No 1) SL2023-7 sch 1 notified LR 28 April 2023 s 1, s 2 commenced 28 April 2023 (LA s 75 (1)) sch 1 commenced 1 May 2023 (s 2 (1)) Unit Titles Legislation Amendment Act 2023 A2023-24 pt 7 notified LR 23 June 2023 s 1, s 2 commenced 23 June 2023 (LA s 75 (1)) pt 7 commenced 1 July 2023 (s 2) Planning (Consequential Amendments) Act 2023 A2023-36 sch 1 pt 1.66 notified LR 29 September 2023 s 1, s 2 commenced 29 September 2023 (LA s 75 (1)) sch 1 pt 1.66 commenced 27 November 2023 (s 2 (1) and see Planning Act 2023 A2023-18, s 2 (2) and CN2023-10)

Endnotes 4 Amendment history page 28 Unit Titles Regulation 2001 Effective: 27/11/23 R21 27/11/23 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 4 Amendment history Name of regulation s 1 am R5 LA Dictionary s 1A ins SL2010-37 s 4 Unit title assessment report div 2.1A hdg ins SL2010-37 s 5 Definitions—div 2.1A s 2 om LA s 89 (4) ins SL2010-37 s 5 def planning documents ins SL2010-37 s 5 am A2023-36 amdt 1.390, amdt 1.391 def relevant development approval ins SL2010-37 s 5 Prescription of parcel—Act, s 17 (5) (a) s 2A hdg sub A2023-24 s 45 s 2A ins SL2010-37 s 5 Unit title assessment report application—Act, s 22B (2) s 2B ins SL2010-37 s 5 am A2015-19 s 139 Offence—false or misleading information in application s 2C ins SL2010-37 s 5 Unit title assessment report—contents—Act, s 22B (5) (a) s 2D ins SL2010-37 s 5 am A2011-23 ss 46-49; pars renum R11 LA; A2012-23 s 43; A2015-19 s 140; pars renum R17 LA Unit title assessment report—accompanying material—Act, s 22B (5) (b) s 2E ins SL2010-37 s 5 am A2013-3 amdt 2.41; A2015-19 s 141; pars renum R17 LA; A2023-24 s 46, s 47; pars renum R20 LA Offence—preparing false or misleading unit title assessment report s 2F ins SL2010-37 s 5 Offence—providing false or misleading unit title assessment report in application for unit title s 2G ins SL2010-37 s 5 Permissible unit subsidiaries—Act, s 19 s 3 am A2002-56 amdt 3.79; SL2010-37 s 6; pars renum R10 LA; A2012-23 s 44; A2023-36 amdt 1.392 Diagrams—manner of subdivision s 5 am SL2003-23 s 4

Endnotes Amendment history 4 R21 27/11/23 Unit Titles Regulation 2001 Effective: 27/11/23 page 29 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Boundary diagrams s 6 am SL2010-37 s 7; SL2015-8 s 4; A2015-19 s 142; pars renum R17 LA Staged developments—development statements—Act s 17 (4) s 8 am A2002-56 amdt 3.77 sub A2005-37 amdt 1.2 am A2007-25 amdt 1.204; A2023-36 amdt 1.393, amdt 1.394 Prescribed zones div 2.3A hdg ins SL2011-22 s 8 Unit title applications—prescribed zones—Act, s 20 (10), def prescribed zone s 8A ins SL2011-22 s 8 am A2023-36 amdt 1.395 Endorsement of units plans—Act, s 27 (2) s 9 am A2002-56 amdt 3.78; A2015-19 s 143; A2021-25 ss 34-36; ss renum R18 LA; A2023-36 amdt 1.396 Attachments div 2.5 hdg ins SL2015-8 s 5 Owners corporations pt 3 hdg om A2011-41 amdt 5.92 Attachment—Act, dict, def attachment, par (c) s 10 sub A2008-45 amdt 1.10 om A2011-41 amdt 5.92 ins SL2015-8 s 5 am A2023-36 amdt 1.397 Manager insurance—Act, s 55F (2) s 10A ins A2008-45 amdt 1.10 om A2011-41 amdt 5.92 Corporate register—access—Act, s 72 (3) s 11 om A2011-41 amdt 5.92 Fees for requests for unit title certificates and access to owners corporation records––Act, s 75 (4) s 12 sub SL2003-23 s 5; A2008-45 amdt 1.11 om A2011-41 amdt 5.92 Costs of taking legal action—Act, s 88C (2) (b) s 13 sub A2008-45 amdt 1.12 om A2011-41 amdt 5.92 Public liability insurance for owners corporations—Act, s 131 (2) s 14 om A2011-41 amdt 5.92 Exemptions from building insurance requirements—Act, s 133 (1) s 15 om A2011-41 amdt 5.92

Endnotes 4 Amendment history page 30 Unit Titles Regulation 2001 Effective: 27/11/23 R21 27/11/23 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Owners corporation articles pt 4 hdg om A2011-41 amdt 5.92 All owners corporations div 4.1 hdg om R8 LA Default articles—Act, s 126 (1) (a) s 16 om A2011-41 amdt 5.92 3-member owners corporations div 4.2 hdg om A2008-45 amdt 1.13 Conciliation articles—3-member corporations—Act, s 126 (1) (b) s 17 om A2008-45 amdt 1.13 Conciliator for 3-member owners corporations s 18 am A2002-30 amdt 3.936; A2002-56 amdt 3.79 om A2008-45 amdt 1.13 2-member owners corporations div 4.3 hdg om A2008-45 amdt 1.13 Conciliation articles—2-member owners corporations—Act, s 126 (1) (c) s 19 om A2008-45 amdt 1.13 Conciliator for 2-member owners corporations s 20 am A2002-30 amdt 3.937; A2002-56 amdt 3.79 om A2008-45 amdt 1.13 Default articles sch 1 am A2008-45 amdt 1.14 om A2011-41 amdt 5.93 Code of conduct sch 2 sub A2008-45 amdt 1.15 om A2011-41 amdt 5.93 Resolution of disputes sch 2, article 1 (prev sch 2, cl 13) renum R1 LA am A2002-56 amdt 3.79 om A2008-45 amdt 1.15 Conciliation sch 2, article 2 (prev sch 2, cl 14) renum R1 LA am A2002-30 amdt 3.938 om A2008-45 amdt 1.15 Conciliation articles for 2-member owners corporations sch 3 hdg om A2008-45 amdt 1.15 Failure to reach a quorum at a general meeting sch 3, article 1 am A2002-56 amdt 3.79 om A2008-45 amdt 1.15

Endnotes Amendment history 4 R21 27/11/23 Unit Titles Regulation 2001 Effective: 27/11/23 page 31 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Resolution of disputes sch 3, article 2 am A2002-56 amdt 3.79 om A2008-45 amdt 1.15 Conciliation sch 3, article 3 am A2002-30 amdt 3.939 om A2008-45 amdt 1.15 Dictionary dict ins SL2010-37 s 8 am SL2015-8 s 6; A2015-19 s 144; A2023-36 amdt 1.398 def address schedule ins SL2010-37 s 8 def approved plans ins SL2010-37 s 8 def building code ins SL2010-37 s 8 om SL2023-7 amdt 1.1 def certification of unit entitlements ins SL2010-37 s 8 def division ins SL2010-37 s 8 def floor plan ins SL2010-37 s 8 def schedule of unit entitlement form ins SL2010-37 s 8 def site plan ins SL2010-37 s 8

Endnotes 5 Earlier republications page 32 Unit Titles Regulation 2001 Effective: 27/11/23 R21 27/11/23 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 5 Earlier republications Some earlier republications were not numbered. The number in column 1 refers to the publication order. Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register. A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk () in column 1. Electronic and printed versions of an authorised republication are identical. Republication No and date Effective Last amendment made by Republication for R1 5 Oct 2001 5 Oct 2001– 16 Sept 2002 not amended new regulation R2 17 Sept 2002 17 Sept 2002– 30 June 2003 A2002-30 amendments by A2002-30 R3 1 July 2003 1 July 2003– 29 July 2003 A2002-56 amendments by A2002-56 R4 30 July 2003 30 July 2003– 2 Nov 2004 SL2003-23 amendments by SL2003-23 R5 3 Nov 2004 3 Nov 2004– 13 Sept 2005 SL2003-23 includes editorial amendments under Legislation Act R6 14 Sept 2005 14 Sept 2005– 30 Mar 2008 A2005-37 amendments by A2005-37 R7 31 Mar 2008 31 Mar 2008– 30 Mar 2009 A2007-25 amendments by A2007-25 R8 31 Mar 2009 31 Mar 2009– 30 June 2009 A2008-45 amendments by A2008-45 R9 1 July 2009 1 July 2009– 7 Sept 2010 A2008-45 amendments by A2008-45 R10 8 Sept 2010 8 Sept 2010– 6 July 2011 SL2010-37 amendments by SL2010-37 R11 7 July 2011 7 July 2011– 15 July 2011 A2011-23 amendments by A2011-23

Endnotes Earlier republications 5 R21 27/11/23 Unit Titles Regulation 2001 Effective: 27/11/23 page 33 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Republication No and date Effective Last amendment made by Republication for R12 16 July 2011 16 July 2011– 29 Mar 2012 SL2011-22 amendments by SL2011-22 R13 30 Mar 2012 30 Mar 2012– 28 May 2012 A2011-41 amendments by A2011-41 R14 29 May 2012 29 May 2012– 30 June 2013 A2012-23 amendments by A2012-23 R15 1 July 2013 1 July 2013– 11 Mar 2015 A2013-3 amendments by A2013-3 R16 12 Mar 2015 12 Mar 2015– 30 June 2015 SL2015-8 amendments by SL2015-8 R17 1 July 2021 1 July 2021– 17 Nov 2021 A2015-19 amendments by A2015-19 R18 18 Nov 2021 18 Nov 2021– 30 Apr 2023 A2021-25 amendments by A2021-25 R19 1 May 2023 1 May 2023– 30 June 2023 SL2023-7 amendments by SL2023-7 R20 1 July 2023 1 July 2023– 26 Nov 2023 A2023-24 amendments by A2023-24 © Australian Capital Territory 2023

The regulation organises unit title subdivision control around a small set of technical concepts that determine what an application must contain and which professional roles are engaged.

Unit title assessment report and assessor (division 2.1A, ss 2-2G)

The unit title assessment report is a central technical document. Section 2D prescribes its contents. The assessor must be a licensed unit title assessor (s 2D(1)(d)) and must sign the report or have a nominee sign if the assessor is not a natural person (s 2D(1)(f)). The report must record the date of each site inspection and affirm that the assessor has inspected the site and that the development is complete (s 2D(1)(g)-(h)).
Accompanying materials for that report include the relevant development approval, a certification of unit entitlements prepared by a certified practising member of the Australian Property Institute, site and floor plans in approved forms, a registered surveyor’s declaration form, and a "fitness for unit title certificate" issued by an eligible building surveyor (s 2E(1)(a)-(g)). Many of these must be dated not more than 3 months prior to the application (s 2E(1) repeated).

Unit entitlements and schedule requirements (s 2D(1)(i), s 7)

The certification of unit entitlements must match numbers on the schedule of unit entitlement form and the total proposed unit entitlement must be one of a discrete set: 10, 100, 1 000, 10 000 or 100 000 (s 2D(1)(i); s 7(b)). The certification must be prepared by a certified practising member of the Australian Property Institute, as defined in the dictionary.

Permitted unit subsidiaries (s 3)

The regulation lists building parts and purposes that may be shown as unit subsidiaries, including balconies, corridors, garages, pergolas, storerooms, and other parts approved by the territory planning authority (s 3(1)(a)-(b)). The authority retains discretion to approve other subsidiaries or purposes (s 3(2)).

Diagrams and diagrams content (ss 5-6)

Diagrams must show how the parcel is subdivided and provide classification (class A or class B), subsidiary annexations, numbering systems, and, where projections affect vertical dimensions, statements to that effect (s 5). Boundary diagrams must display the parcel boundaries, building footprints (or projected to ground level), class B unit boundaries and any encroachments and easements (s 6(1) and (3)). Separate floor diagrams are required where units are stacked (s 6(1)(c)).

Staged developments and development statements (s 8)

For staged developments, the development statement must provide a description of the parcel, approved plans, a schedule of stages with start and end dates, arrangements for access, permitted uses of common property during works, landscaping, developer obligations to pay reasonable expenses incurred by the owners corporation for damage and utility usage, and an obligation that a registered surveyor report be provided to the territory planning authority after stage completion (s 8(1)(a)-(g)). The statement may temporarily apportion liability for common property differently from the final schedule of unit entitlements (s 8(2)-(3)).

Prescribed zones and form endorsements (ss 8A, 9)

The regulation prescribes zones for the operation of s 20(10) of the Act (s 8A: RZ1-RZ5, IZ1, IZ2). If the territory planning authority approves the application, it must endorse the units plan on an approved form and date the endorsement; the boundary diagram must be certified by a registered surveyor in the approved form (s 9).

Attachments and exceptions (s 10)

The regulation prescribes examples of things that qualify as attachments (fixtures and fittings, architectural embellishments, artworks, signs), and specifies exclusions (if included in gross floor area, at ground level, or a balcony) (s 10(1)-(3)). Those definitional rules interact with the Act’s definition of attachment and with encroachment and easement reporting requirements (s 2E(1)(i)).

Offences, penalties and partner liability (ss 2C, 2F, 2G)

The regulation criminalises false or misleading information in the application process and in reports. Maximum penalties are prescribed (60 penalty units) and extend to partners, with a partner defence available if reasonable precautions were taken or if the partner could not influence others (ss 2C; 2F(1)-(3); 2G(1)-(3)). The republication note sets the monetary value of a penalty unit ($160 individual, $810 corporation), which calibrates the statutory fine (Penalties note at head of republished law).

Cross-references to other statutory instruments and forms

The regulation repeatedly cross‑references the Planning Act 2023 for relevant development approvals and the Land Titles Act 1925 for approved plan forms and the registered surveyor’s declaration (s 2 definitions; s 2E(2) definition of eligible building surveyor; s 9(3)). It also references the Construction Occupations (Licensing) Act 2004 by noting that contravention of a code of practice may itself be an offence for the unit title assessor (s 2D Note 1).

These concepts allocate decision authority to the territory planning authority for approvals and endorsements (s 9), technical certification and professional accountability to registered surveyors, eligible building surveyors and certified practising members of the Australian Property Institute (s 2E, dictionary), and legal exposure to assessors and applicants where false or misleading material is provided (ss 2C, 2F, 2G).

The regulation affects a narrow set of participants who engage in the unit title subdivision process in the ACT; the text identifies their roles and the actions they must take.

Applicants for unit title subdivision (s 2B)

The applicant must supply the prescribed application details and material: parcel identification (block, section and division), street address, sublease plan number where relevant, applicant identity and contact details (including ACN if a company), number of class A or B units applied for, proposed start and completion dates, copy of the relevant development approval and the applicant’s signature (s 2B(a)-(g)). The applicant is criminally liable if the application contains information that is false or misleading and the applicant knows or is reckless as to that falsity (s 2C).

Licensed unit title assessors and their partners (ss 2D, 2E, 2F)

Unit title assessors prepare the unit title assessment report; the regulation prescribes the report’s contents and accompanying materials (s 2D and s 2E). An assessor who prepares a false or misleading report, knowing or recklessly so, commits an offence (s 2F(1)). Partners of a unit title assessor can be criminally liable (s 2F(2)) unless they can prove they took reasonable precautions or lacked capacity to influence the report (s 2F(3)).

Registered surveyors and eligible building surveyors (s 2E)

The regulation requires a registered surveyor’s declaration form (approved under the Land Titles Act 1925) and certifications about encroachments and non‑encroachments that must generally be no more than 3 months old (s 2E(1)(f) and (h)-(i)). An eligible building surveyor must issue a fitness for unit title certificate certifying each proposed unit is suitable for separate occupation (s 2E(1)(g)); the eligible building surveyor is defined by reference to who would be eligible to be appointed as a building certifier if the building were newly built (s 2E(2) definition).

Certified practising members of the Australian Property Institute (dictionary)

The certification of unit entitlements must be prepared by such a member (dictionary definition of “certification of unit entitlements”), creating an explicit role and professional prerequisite for that particular input.

Territory planning authority and the Land Titles Office (s 9 and cross‑references)

The territory planning authority decides applications under the Act (see s 3(2) and s 9) and endorses units plans on an approved form (s 9(1)). The Land Titles Office provides the approved forms (s 9(3) refers to the approved form under the Land Titles Act 1925 for an application for registration of a units plan).

Owners corporations and developers (s 8)

Staged development provisions create express contractual‑like obligations that must be stated in development statements: the developer must pay reasonable owners corporation expenses caused by carrying out the development and must make good damage (s 8(1)(d)-(e)). The development statement may temporarily apportion liability for common property use and maintenance differently from the final schedule of unit entitlement (s 8(2)-(3)).

Corporations and company officers

Company applicants must provide their company name and ACN (s 2B(b)(ii)), and the penalty unit valuation for corporations (noted at the head of the republished law) determines the monetary exposure where a corporate entity commits an offence.

Other affected parties

Purchasers and future owners are affected indirectly because the regulation dictates the content of plans, the allocation and certification of unit entitlements, and the classification of attachments and subsidiaries that will bind title and owners corporation records (ss 3, 5-7, 10). Letterbox requirements for residential and mixed‑use developments (s 2D(1)(o)) impose physical amenity standards that will affect occupation.

Who pays, who decides, who bears liability

The applicants and developers bear the direct costs of surveys, certified entitlements, building surveyor certificates and other professional certifications (s 2E). Licensed assessors, registered surveyors and eligible building surveyors carry professional obligations and exposure to criminal penalties where false or misleading content is involved (ss 2D, 2F, 2G). The territory planning authority is the decision‑maker and authoriser (s 9). Owners corporations are the entities whose expenses and rights are directly referenced for staged developments (s 8).

The regulation concentrates regulatory burdens and immediate cost incidence on applicants, developers and the licensed professionals they must engage, while it places decision authority with the territory planning authority and evidence certification responsibilities with surveyors, building surveyors and industry‑accredited property valuers.

The regulation imposes a set of prescriptive duties on applicants, licensed assessors, surveyors and developers, and it creates limited rights in the form of prescribed approvals and use‑rights during staged developments.

Duties of the applicant (s 2B, s 5-7)

Supply the prescribed application details: parcel identifiers, applicant identity and contact details, number of class A/B units, commencement/completion dates and a copy of the relevant development approval (s 2B(a)-(f)). The applicant must sign the application (s 2B(g)).
Provide diagrammatic material showing classification of units (class A/B), unit subsidiaries annexed to each unit, numbering, and vertical projection statements where applicable (s 5).
Lodge boundary diagrams that show parcel boundaries, building footprints, class B unit boundaries and encroachments and easements (s 6(1) and (3)).
Provide a schedule of unit entitlements with whole numbers, totalling one of the enumerated aggregates (10, 100, 1 000, 10 000 or 100 000), and state the rent proposed to be reserved under the lease of each unit (s 7(a)-(c)).

Duties of the unit title assessor (ss 2D, 2E)

Prepare a unit title assessment report that includes the assessor’s identification and licence number, sign the report (or have it signed by a nominated person if the assessor is not a natural person), state site inspection dates and that the development is complete, and verify that the certification of unit entitlements and the schedule match and total an accepted aggregate (s 2D(1)(d)-(i)).
Ensure accompanying material is current (not more than 3 months old in many instances) and collect the relevant development approval, certification of unit entitlements, registered surveyor forms, fitness for unit title certificate from an eligible building surveyor, site and floor plans, and certification of non‑encroachment (s 2E(1)(a)-(i)).
Do not prepare a false or misleading assessment report; contravention is an offence punishable by up to 60 penalty units (s 2F(1)).

Duties of registered surveyors and building surveyors (s 2E)

Certified declarations in an approved form are required for boundary diagrams (s 9(2) and s 2E(1)(f)); registered surveyors must also certify whether any structure not shown on plans encroaches on parcel boundaries, unit boundaries, unit subsidiaries or common property (s 2E(1)(h)).
Eligible building surveyors must issue a fitness for unit title certificate certifying units are suitable for separate occupation (s 2E(1)(g)).

Duties placed on developers in staged developments (s 8)

The development statement must require the developer to pay reasonable expenses incurred by the owners corporation in repairing damage to common property and units in completed stages, and to pay for utilities used by the developer in carrying out the development (s 8(1)(d)(i)-(ii)).
The developer must make good any damage to common property or units in completed stages, and the materials and finishes for subsequent stages must not be inferior or substantially different to the completed stages (s 8(1)(e)-(f)).
The developer must provide the territory planning authority with a registered surveyor’s report on the position of buildings relative to units and parcel boundaries after completion of stages (s 8(1)(g)).

Rights or procedural entitlements

The territory planning authority’s endorsement on the approved form is required for the units plan to be treated as the approved plan for the subdivision (s 9(1)). That endorsement establishes the formal authorisation to proceed to registration under the Land Titles Act (s 9).
The regulation allows the development statement to apportion liability for common property use and maintenance during staged development differently from the final schedule of unit entitlements (s 8(2)). That is a procedural right to specify temporary apportionments in the development statement, although it ceases to apply after the development is complete (s 8(3)).
Partner defences: partners alleged to have been complicit in false reports may avoid criminal liability by proving they took reasonable precautions and exercised appropriate diligence, or that they could not influence the preparation of the report (s 2F(3); s 2G(3)).

Enforcement duties and concomitant rights

Enforcement is through criminal prosecution for false or misleading information with specified maxima (60 penalty units per offence), and the regulation provides a framework for attributing liability to individuals, assessors and partners while offering the evidentiary standard for a partner defence (ss 2C, 2F, 2G). The republished law also states the monetary values of penalty units (penalties note at head), which dictates the financial impact.

Administrative duties of the territory planning authority (s 9)

If an application is approved, the territory planning authority must make an endorsement on the approved form, date it and ensure boundary diagrams are accompanied by a registered surveyor’s certificate in the approved form (s 9(1)-(2)). The authority also has discretion under s 3(2) and s 3(1)(a)(xiii)/3(1)(b)(iv) to approve additional subsidiaries or purposes.

These duties create a chain of obligations that bind applicants, developers and professionals in the unit title process. Rights are mainly procedural (endorsements, temporary apportionment by development statement), while criminal and civil exposures fall on persons who supply required documents, particularly licensed assessors, surveyors and partners.

The regulation establishes criminal offences tied to the accuracy of statements and reports used in unit title applications, prescribes maximum penalties, and provides partner liability and defences. Enforcement will proceed under the criminal offence framework in the Act and the general administration of laws in the territory.

Primary offences and maxima

False or misleading information in an application: a person who applies for a unit title assessment report and the application includes false or misleading information, or omits something without which the information is false or misleading, and the person knows or is reckless as to the falsity, commits an offence with a maximum penalty of 60 penalty units (s 2C).
Preparing a false or misleading unit title assessment report: a unit title assessor who prepares a report that is false or misleading, or omits material that makes it false or misleading, knowing or being reckless as to that falsity, commits an offence with a maximum penalty of 60 penalty units (s 2F(1)).
Partner liability for assessors: each partner of a unit title assessor who prepared a false report commits an offence if the partner knows or is reckless as to the falsity (s 2F(2)). A statutory defence is available if the partner proves lack of knowledge and reasonable precautions or that they were not in a position to influence the other partners (s 2F(3)).
Providing a false assessment report in a unit title application: a person who applies to subdivide a parcel and provides a unit title assessment report as part of the application that is false or misleading, with knowledge or recklessness, commits an offence with a maximum 60 penalty units (s 2G(1)). Partnership liability and defences mirror s 2F (s 2G(2)-(3)).

Monetary calibration of penalties

The republication notice states the value of a penalty unit at the republication date: $160 for an individual and $810 for a corporation (Penalties note at head of the republished law). Applying that calibration, the statutory fine for the maximum of 60 penalty units would amount to $9,600 for an individual and $48,600 for a corporation at that valuation. The regulation itself states only the penalty units; the republished header provides the monetary figures.

Enforcement practicalities and evidentiary issues (implicit in the text)

The offences turn on knowledge or recklessness on the part of the person providing the information or preparing the report (ss 2C, 2F, 2G). Prosecutors must therefore establish subjective knowledge or reckless indifference, or the partner knowledge standard in the partner offences.
The regulation builds evidentiary structure into applications: dates of site inspections, signatures, and lists of accompanying documents (s 2D, s 2E). These requirements strengthen the public authority’s ability to test accuracy, but they also provide tangible items for defence and for proving professional negligence or deceit.

Professional regulation overlap

The regulation notes that if a unit title assessor contravenes an applicable code of practice, that assessor commits an offence under the Construction Occupations (Licensing) Act 2004, s 87 (s 2D Note 1). That cross‑reference indicates other enforcement avenues and professional disciplinary regimes may be engaged alongside criminal prosecution.

Consequences beyond criminal penalties

The regulation requires certifications that directly affect title registration and owners corporation records (s 9). False or misleading material could create additional civil liability, for example, in damages or cost recovery for repairs or misallocation of entitlements, but the regulation itself confines its expressed penalties to the criminal offences and references the owners corporation cost obligations in staged developments (s 8(1)(d)-(e)).

Implementation risk and prosecutorial discretion

The enforcement burden is concentrated on professional certifiers and applicants. Because the offences require proof of knowledge or recklessness, implementation will depend on document trails, contemporaneous site inspection records (s 2D(1)(g)), and the professional standards of assessors and surveyors. The partner defences require demonstration of reasonable precautions and lack of influence, which will focus attention on governance arrangements in firms.

In sum, the regulation erects a criminal enforcement framework with significant financial exposure (calibrated by the penalty unit values noted in the republished law) and attaches duties to professionals whose certifications are necessary for registration of unit title plans. The text provides statutory defences for partners, and cross‑references to professional disciplinary provisions that may operate in parallel.

The regulation explicitly cross‑references and depends on the Unit Titles Act 2001, the Land Titles Act 1925, the Planning Act 2023 (and earlier planning and development laws), the Building Act 2004, and other instruments such as the Construction Occupations (Licensing) Act 2004. Those interactions determine form, content, certification, and administrative processes.

Cross‑references and delegation to other statutes

The regulation operates under the Unit Titles Act 2001 (see header) and repeatedly references provisions of the Act for which it prescribes detail (e.g., "Act, s 17", "Act, s 22B", "Act, s 20", "Act, s 27" appear throughout division 2 and 2.1A). The regulation gives specific form and documentary requirements that implement the Act’s higher‑level obligations (ss 2B, 2D, 2E, 9).
The Land Titles Act 1925 supplies approved forms for floor plans, site plans, schedule of unit entitlement and the registered surveyor’s declaration form, which the regulation requires applicants to use (s 2D Note 2; s 2E(1)(b),(c),(d),(e),(f); s 9(3)). Section 9(1)(a) directs the territory planning authority to make an endorsement on the "approved form" under the Land Titles Act 1925 for registration of a units plan.
The Planning Act 2023 is the source for "relevant development approval" in many contexts; s 2 (definitions,div 2.1A) defines "planning documents" to include the approved plans and, for developments under the Planning Act 2023, "a notice of decision given under that Act, division 7.6.2". The regulation also keeps prior planning approvals by referencing approvals under earlier planning and development laws (s 2 definitions).
The Building Act 2004 supplies definitions (approved plans) and the Construction Occupations (Licensing) Act 2004 is invoked through a note that contravening an applicable code of practice may found an offence for unit title assessors (s 2D Note 1).
The dictionary signposts definitions to the Districts Act 2002 (district), the Building Act 2004 (approved plans) and the territory plan dictionary (balcony, gross floor area), integrating spatial and planning definitions across regimes (dictionary entries).

Operational dependencies and sequencing

Because many required certificates must be "not more than 3 months old" (s 2E(1)(b)-(h)), compliance requires applicants to sequence planning, building certification and surveying work so that evidence is current at lodgement. That sequence typically runs: obtain development approval under the Planning Act 2023; complete building works; have an eligible building surveyor issue a fitness for unit title certificate; obtain registered surveyor certificates and API member unit entitlement certification; then lodge application for unit title assessment report and unit title application (s 2E).
The endorsement by the territory planning authority on the approved Land Titles Act form (s 9(1)(a)-(b)) is a gating step before registration; the Land Titles Office’s approved form and registered surveyor certificate are prerequisites to the registration process.

Overlap with owners corporation and staged development law

The regulation imposes specific obligations on developers in development statements that concern the owners corporation and its expenses (s 8(1)(d)-(g)). These requirements interact with the Unit Titles Act provisions relating to owners corporations (not included in full in this regulation but referenced), and they temporarily permit apportionments of liability different from the schedule of unit entitlements while development is in progress (s 8(2)-(3)).

Professional regulation and disciplinary intersections

Because the regulation requires declarations and certifications by licensed assessors, eligible building surveyors and registered surveyors, breaches of professional codes and licensing conditions under the Construction Occupations (Licensing) Act 2004 or under surveying/building disciplines could give rise to disciplinary action independent of the criminal offences established in the regulation (s 2D Note 1; s 2E(2) definitions).

Statutory form and evidence dependencies

The regulation repeatedly requires use of forms approved under other statutes (s 2D Note 2; s 2E(1)(f) referencing Land Titles Act 1925, s 140). That means changes in the Land Titles Act forms or Building Act definitions will directly affect acceptable application materials under this regulation. The regulation’s amendment history demonstrates such linkage: amendments in 2010 and later modify the regulation in response to changes in planning and building law (endnotes 3-4 show multiple cross‑amendments, including A2023‑36, amendments tied to the Planning Act 2023).

In short, the regulation is not a standalone instrument; it is an implementation and technical companions piece that relies on, and gives effect to, provisions, definitions and forms governed by the Planning Act 2023, the Building Act 2004, the Land Titles Act 1925 and professional licensing statutes. Operational compliance therefore requires concurrent adherence to these other regimes, careful sequencing, and attention to form changes under the other statutes.

The regulation has been subject to multiple amendments since its original enactment in 2001. The endnotes in the republished text set out the legislative history and show particular waves of reform corresponding to broader planning, building and unit title policy updates.

Key chronological milestones (from endnotes 3 and 4)

Enacted and initial commencement: Unit Titles Regulations 2001 were notified on 7 June 2001; remainder commenced 5 October 2001 (Endnotes, Legislation history).
Early amendments and consequential planning changes: Amendments in 2002-2003 reflect early refinements, including Statute Law Amendment Act 2002 (A2002‑30) and Planning and Land (Consequential Amendments) Act 2002 (A2002‑56), with subsequent Unit Titles Amendment Regulations 2003 (SL2003‑23) (Legislation history).
Staged development changes: The Unit Titles (Staged Development) Amendment Act 2005 (A2005‑37) introduced staged development provisions reflected in s 8 (Legislation history; amendment history notes A2005‑37).
Incorporation of unit title assessment report framework: Division 2.1A (unit title assessment report) was inserted by SL2010‑37 in 2010 (Amendment history notes s 2B ins SL2010‑37 s 5; dictionary ins SL2010‑37 s 8). This is a major structural addition establishing the assessment report and associated offences and requirements (ss 2-2G).
Subsequent alignments with building, planning and management reforms: Amendments across 2011-2015 and 2012 (A2011‑23, A2012‑23, A2013‑3, A2015‑19) realigned regulation text with new planning, building and owners corporation frameworks; for example, removal and insertion of provisions relating to owners corporation articles (Amendment history, multiple entries).
Recent amendments linked to Planning Act 2023 and Unit Titles Legislation Amendment Act 2023: The republished text shows amendments by A2023‑36 and A2023‑24 and related consequential amendments (Legislation history endnotes show A2023‑36 sch 1 pt 1.66 commenced 27 November 2023; Amendment history notes numerous A2023‑36 amdt entries). Section 2 definitions were amended to add references to the Planning Act 2023 planning document construct (s 2 in division 2.1A, am A2023‑36).
Building and construction modifications in 2023: The Building and Construction Legislation Amendment Regulation 2023 (SL2023‑7) also made discrete amendments effective 1 May 2023 (Legislation history entry).

Nature of the amendments

Structural: insertion of a new division (2.1A) in 2010 to codify unit title assessment report content and to create offences for false reports (s 2-2G).
Cross‑statutory alignment: multiple amendments track changes in planning and building law; the 2023 amendments implement alignment with the Planning Act 2023 (A2023‑36) and adjust the definitions and references accordingly (Amendment history).
Technical: addition and removal of specific provisions, such as the list of prescribed unit subsidiaries (s 3) and the list of prescribed zones (s 8A), as well as modifications to the attachments definition (s 10).

Practical implications of amendment history

The regulation’s content has evolved to formalise the role of professional certifiers and to tighten documentary controls in the unit title process, particularly after 2010 with the unit title assessment report changes. The amendment history shows a pattern of iterative technical adjustments in response to statutory changes in planning and building acts and to practical issues (for example, the 2005 staged development provisions).
The recent 2023 amendments reflect a contemporary realignment to the Planning Act 2023, which has implications for the “relevant development approval” concept used throughout division 2.1A (s 2 definitions).

For precise cross‑reference, the endnotes provide a detailed chronology:

see endnote 3 (Legislation history) for chronological list of amending Acts and statutory instruments and their commencement dates;
see endnote 4 (Amendment history) for section‑by‑section amendment notes indicating which instruments inserted, amended or omitted particular provisions.

Practitioners should note that the regulation is actively maintained to reflect upstream legislative change, and that the text includes editorial notes that some editorial amendments are effected under Legislation Act 2001, part 11.3 (About this republication). The endnotes also list earlier republications and the republication number for the current effective text (R21, effective 27/11/23).

The regulation’s republished text contains no citations to judicial decisions and does not itself record litigation history. The endnotes include a legislative history and amendment history (endnotes 3-4) but provide no case law references or enforcement outcomes.

What the text indicates about likely litigation pathways

Criminal prosecutions: The regulation creates criminal offences (ss 2C, 2F, 2G) for false or misleading information in applications and reports. Any prosecution would therefore proceed under the criminal code and general criminal procedure in the territory (the regulation itself prescribes the elements,false or misleading material and knowledge or recklessness).
Professional disciplinary or licensing actions: The regulation’s note (s 2D Note 1) points to potential offences under the Construction Occupations (Licensing) Act 2004 for contravention of applicable codes of practice by a unit title assessor. That suggests regulatory or disciplinary action against licensed professionals could arise in addition to criminal prosecutions.
Civil claims: Although the regulation does not create express civil remedies, the obligations it imposes (certifications, fitness for separate occupation, surveyor declarations) could provide the factual and contractual bases for civil claims for misleading conduct, professional negligence or breach of contract in the event of inaccurate certifications. The text does not specify such remedies; practitioners must look to civil law and the Act itself for civil liability frameworks.

Absence of recorded cases

Because the regulation does not include decisions or cases, there is no litigation history contained in the republished instrument. Users seeking case law must consult the ACT courts and tribunal records and legal databases for prosecutions under these provisions or related civil proceedings, none of which are provided in this text.

Inference on litigation risk from the text

The regulation’s criminal offences are specific and require proof of knowledge or recklessness, a standard that generally raises evidentiary thresholds for prosecution. The partner defences provide statutory permission for exculpation where reasonable precautions are proved (ss 2F(3), 2G(3)). These features influence how enforcement authorities may build cases and how defence strategies may be formulated.
Professional assessments, certifications and site inspection dates are required by the regulation and will be prime evidence in any enforcement or civil action (s 2D(1)(g)-(h); s 2E). This factual traceability makes documentation quality and contemporaneity important to both prosecution and defence.

In short, the regulation provides the elements that would give rise to litigation (criminal or disciplinary) but contains no recorded litigation or judicial construction within its own republished text. Practitioners must look beyond the instrument to court and tribunal records for any relevant decisions.

The regulation contains a number of specific operational traps and timing, form, and content constraints that may cause applications to be refused or to attract liability if not carefully managed. The following items are practical “gotchas” drawn directly from the text.

Time‑limited documents (s 2E(1))

Many accompanying documents must be "not more than 3 months old" at the time of the unit title assessment report: certification of unit entitlements (s 2E(1)(b)), the completed schedule of unit entitlement form (s 2E(1)(c)), site plan and floor plan (s 2E(1)(d)-(e)), registered surveyor’s declaration form (s 2E(1)(f)), the fitness for unit title certificate (s 2E(1)(g)), and surveyor certification of non‑encroachment (s 2E(1)(h)). Failure to ensure recency can invalidate accompanying material or delay application processing.

Discrete permitted totals for unit entitlements (s 2D(1)(i); s 7(b))

The total of proposed unit entitlements must be exactly one of 10, 100, 1 000, 10 000 or 100 000 (s 2D(1)(i); s 7(b)). This numerical constraint requires applicants to scale their unit entitlement allocation so that the aggregate fits one of those discrete totals. That may require rounding or proportionate scaling decisions by the certifying property valuer (APInstitute member).

Fitness for unit title certificate requirement (s 2E(1)(g))

Each proposed unit must be certified "suitable for separate occupation" by an eligible building surveyor no more than 3 months old. The definition of eligible building surveyor depends on eligibility to be appointed as a building certifier at the time of giving the certificate (s 2E(2) definition). This can create dependency on building‑certifier qualifications and may be problematic if building approvals or practical completion have residual defects.

Encroachment certification and leased land dealing numbers (s 2E(1)(i))

If attachments encroach on leased or unleased Territory land, a registered surveyor must certify the encroachment is permitted under the Act and the relevant development approval, and for leased land the certification must include the Land Titles Office dealing number of the registered transfer and grant of the easement (s 2E(1)(i)(iv)). Failure to supply the dealing number can be a fatal informality.

Letterbox requirements for residential and mixed uses (s 2D(1)(o))

The assessor must state the presence of letterboxes in particular configurations for units plans with 3 or more residential units, for smaller residential plans and for commercial plans; and that the numbers correspond to the unit numbers, taking account of an address schedule (s 2D(1)(o)). This operational detail can be overlooked and is required as part of the assessment report.

Uncovered balconies and stairways treatment differs by unit class (s 4)

For class A units, an uncovered balcony or uncovered stairway must be shown as a unit subsidiary or common property (s 4(1)). For class B units, the application may show those elements as part of the class B unit, as a unit subsidiary, or as common property (s 4(2)). Misclassifying these elements may create later disputes over rights and maintenance obligations.

Attachment definition exceptions and gross floor area reference (s 10(1)-(3))

The regulation prescribes certain items as attachments (fixtures, architectural embellishments, artworks, signs) but excludes items that are included in the gross floor area of the building, at ground level or a balcony (s 10(2)). Practitioners must check territory plan definitions of gross floor area and balcony (dictionary cross‑references) before characterising an item as an attachment for title purposes.

Use of approved forms (s 2D Note 2; s 9(3))

Where a form is approved under the Act (s 180) or under the Land Titles Act 1925 s 140, the form must be used (s 2D Note 2; s 2E(1)(f); s 9(3)). Failure to use the required form can be a formal defect causing rejection or delay.

Partner liability with limited defences (ss 2F(2)-(3); 2G(2)-(3))

Partners can be criminally liable for false or misleading reports or provision of such reports in applications unless they can prove reasonable precautions and appropriate diligence or lack of influence (s 2F(3); s 2G(3)). Firms must therefore adopt governance and checking processes to provide partners with the ability to rely on the statutory defence if necessary.

Interaction with planning approvals (s 2 definitions and s 2D(1)(j),(m))

The unit title assessment report must assess compliance with relevant development approval conditions and landscape plans if those are conditions of the development approval (s 2D(1)(j),(k),(m)). If development approvals contained unusual conditions, the assessor must consider them and report on compliance, otherwise the report may be considered incomplete.

Diagrams and numbering details (s 5)

The numbering convention for unit subsidiaries is prescribed: letter S followed by the unit number and any further number necessary (s 5(d)). Incorrect numbering format may create registration or interpretation issues.

Staged development liabilities and temporary apportionments (s 8)

The development statement can apportion liabilities temporarily during construction differently from the final schedule of unit entitlement (s 8(2)), but this apportionment does not apply after completion (s 8(3)). If practitioners rely on temporary apportionments, they must track the transition to final entitlements and be prepared for differing cost incidence before and after development completion.

Prescribed zones list (s 8A)

The list of prescribed zones (RZ1-RZ5, IZ1, IZ2) bears on the application of s 20(10) of the Act: practitioners must check whether a parcel falls inside those zones for particular procedural or consent requirements (s 8A).

Practitioners should build direct checklists into project workflows to address these technical constraints, ensure fresh certifications are obtained in close temporal proximity to lodgement, and maintain documentary evidence that partners and professionals exercised "reasonable precautions" in order to invoke available defences if necessary.

This regulation is prescriptive. Compliance requires procedural planning, procurement of professional certifications within tight time windows, careful use of approved forms, and explicit treatment of the items the regulation highlights. The steps below translate the statutory requirements into an operational checklist tied to specific sections.

Confirm applicable planning approval and zoning

Identify the relevant development approval for the parcel (s 2B(f); s 2 definition of "planning documents"). If the parcel sits in one of the prescribed zones (s 8A: RZ1-RZ5, IZ1, IZ2), note any additional procedural implications under the Act s 20(10) referred to in the regulation.

Engage required professionals early and sequence work

Engage a licensed unit title assessor, a registered surveyor, an eligible building surveyor and a certified practising member of the Australian Property Institute for unit entitlement certification (s 2D(1)(d); s 2E(1)(b),(f),(g); dictionary).
Plan practical completion, site inspections and certification so that accompanying documents (certification of unit entitlements, schedule of unit entitlement form, site and floor plans, registered surveyor’s declaration, fitness for unit title certificate, surveyor certification of non‑encroachment) are all dated within 3 months of lodgement (s 2E(1)(b)-(h)).

Prepare the unit title assessment report per s 2D

Ensure the assessor’s report contains: parcel identifiers (block/section/division, street name/number, sublease plan if relevant), full assessor particulars (name, contact, licence number, ACN if a company), the date the report is prepared, signatures (assessor or nominee), dates of each site inspection, a statement that the assessor has inspected and that the development is complete, confirmation that certification of unit entitlements matches the schedule of unit entitlement form and that the total is one of the accepted aggregates (10, 100, 1 000, 10 000, 100 000), assessments against development approval conditions and landscape plan compliance where applicable, and checks on the position of boundaries, building footprints, fences, and facility positions (s 2D(1)(a)-(n),(o)).
For units plans with residential units, confirm letterbox availability and numbering correspondence (s 2D(1)(o)).

Assemble diagrams and plans per ss 5-6

Prepare diagrams that show classification (class A/B), annexation of unit subsidiaries to each unit, unit and subsidiary numbering format (S + unit number + further number if necessary) and statements about vertical projections if class B units or subsidiaries project above/below ground (s 5).
Prepare boundary diagrams showing parcel boundaries, building footprints at ground level (or projected), class B unit boundaries, and encroachments and easements (s 6(1) and (3)). Provide separate diagrams for each floor where class A units are vertically stacked so vertical boundaries can be worked out (s 6(1)(c)-(d)).

Prepare schedule of unit entitlement and rent (s 7)

Ensure each unit entitlement is a whole number and the total is precisely one of the accepted totals (s 7(a)-(b)). State the rent proposed to be reserved under the lease of each unit (s 7(c)). Use the schedule of unit entitlement form approved under the Land Titles Act 1925 s 140 (dictionary and s 2E(1)(c)).

For staged developments, prepare the development statement (s 8)

Include parcel description, approved plans as approved under the Planning Act 2023, description of works per stage, commencement/completion schedule, arrangements for access during works, permitted uses of common property during works, landscaping, explicit statement that the developer must pay owners corporation reasonable expenses for repair and utilities, and a commitment to make good damage, and require a registered surveyor’s report to the territory planning authority after completion of stages (s 8(1)(a)-(g)).
If the developer wishes to apportion liability differently during development, explicitly record the temporary apportionment in the development statement (s 8(2)). Track the cessation of that apportionment after development completion (s 8(3)).

Provide encroachment and attachment certifications where necessary (s 2E(1)(i); s 10)

If an attachment is allowed to encroach on leased or unleased Territory land, obtain a registered surveyor’s certification that the encroachment is allowed under the Act and the relevant development approval, that it complies with the approval after site inspection, and, for leased land, include the Land Titles Office dealing number of the registered transfer and grant of the easement (s 2E(1)(i)(i)-(iv)).
Classify attachments per s 10(1) and check whether an item is excluded from the attachment definition under s 10(2) (if included in gross floor area, at ground level, or a balcony). Confirm the underlying definitions in the territory plan dictionary where required (s 10(3)).

Use approved forms and registered surveyor certifications (s 2D Note 2; s 2E(1)(f); s 9)

Use forms approved under the Act s 180 or Land Titles Act 1925 s 140 for floor plans, site plans, the schedule of unit entitlement form, and the registered surveyor’s declaration (s 2D Note 2; s 2E(1)(b)-(f); dictionary).
Ensure that the boundary diagram forming part of the units plan is accompanied by a registered surveyor’s certificate in the approved form (s 9(2)-(3)).

Check classification of uncovered balconies and stairways (s 4)

For class A units, show uncovered balconies or uncovered stairways as a unit subsidiary or common property (s 4(1)). For class B units, choose an appropriate classification (s 4(2)) and record it consistently in diagrams and schedules.

Manage partner governance and professional processes to mitigate liability (ss 2F(3), 2G(3))

Partners of firms preparing assessment reports should document compliance procedures, delegation maps and checking systems so they can prove, if prosecuted, that reasonable precautions were taken and appropriate diligence exercised (s 2F(3); s 2G(3)). Keep contemporaneous records of who conducted inspections, who prepared each part of the report, and who signed.

Lodge application to the territory planning authority and obtain endorsement (s 9)

Once the territory planning authority approves the application under the Act, the authority will endorse the approved units plan on the approved form and date it (s 9(1)(a)-(b)). Ensure all certifications accompany the plan, including registered surveyor certificates.

Maintain archived documentation and copies for owners corporation records

Keep copies of all certification, site inspection dates and signed reports, as these documents underpin title registration, owner obligations, and will be central to any enforcement inquiries (ss 2D, 2E, 8).

Concluding compliance note

Compliance is documentary and professional. The regulation ties approval and registration to specific, contemporaneous professional certifications (s 2E) and to the use of particular approved forms (s 9(3)). Effective compliance therefore requires project scheduling so that certifications are current at lodgement, established professional relationships with surveyors and building certifiers, and internal governance to manage partner and assessor liabilities.

Unit Titles Regulation 2001

Plain English Summary

Deep Dive

What it does

Current sections

Unit Titles Regulation 2001

Source text: opening excerpt

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