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