• Specific Year
    Any

CIVIL LAW (SALE OF RESIDENTIAL PROPERTY) ACT 2003 - SECT 7 Definitions for pt 2

CIVIL LAW (SALE OF RESIDENTIAL PROPERTY) ACT 2003 - SECT 7

Definitions for pt 2

In this part:

"building conveyancing inquiry documents", for a residence, means the documents prescribed under the regulations for this definition.

"class A unit" means a class A unit under the Unit Titles Act 2001

, section 10.

"class B unit" means a class B unit under the Unit Titles Act 2001

, section 11.

"encumbrance", in relation to residential property proposed to be sold, includes an unregistered or statutory encumbrance, but does not include an encumbrance that is to be released or discharged on or before completion of the sale.

"lease conveyancing inquiry documents", for a property, means the documents prescribed under the regulations for this definition.

"prospective buyer", of residential property, includes a prospective grantee of an option to buy the property.

"rescission notice" means a notice given under section 14 (Right to rescind during cooling-off period).

"residence" means a building (or part of a building) used, or intended for use, as a single dwelling, and includes any outbuildings or other structures used in conjunction with the building or part.

"seller", of residential property, means a person who—

        (a)     has a legal or equitable interest in the property that the person is entitled to sell; and

        (b)     offers to sell, or invites an offer to buy, the interest.

"sublease"—see the Planning Act 2023

, section 256.

"unapproved structure" means—

        (a)     a structure—

              (i)     the building of which contravened the Building Act 2004

, or other territory law regulating building work, at the time it was built; or

              (ii)     the use or occupancy of which contravenes the Building Act 2004

; or

        (b)     a structure—

              (i)     the building of which required development approval under the Planning Act 2023

, or other territory law regulating development, at the time it was built; and

              (ii)     that had no approval or, when built, did not comply with the approval.