Australian Capital Territory Consolidated Acts

UNIT TITLES ACT 2001 - SECT 17

    (1)     The lessee of a parcel may apply to the planning and land authority for approval of the subdivision of the parcel under this Act.

Note 1     A fee may be determined under s 179 for this section.

Note 2     If a form is approved under s 180 for an application, the form must be used.

    (2)     The application must provide for the subdivision of the parcel into—

        (a)     no fewer than—

              (i)     if 1 unit is wholly or partly superimposed on another unit—2 units; or

              (ii)     in any other case—3 units; and

        (b)     class A units or class B units, but not both; and

        (c)     unit subsidiaries (if any are provided for in the application); and

        (d)     common property (for the remaining parts of the parcel).

Note     The requirements for what may be shown as class A units, class B units and unit subsidiaries are set out in s 18 and s 19.

    (3)     The application may provide for the development of all or some of the units and unit subsidiaries (their staged development ) after the approval of the application.

Note     An application for a staged development may be approved only if—

        (a)     the development has development approval under the Planning and Development Act 2007 (see s 20 (2) and Planning and Development Act 2007 , ch 7); and

        (b)     for developments of class A units, the boundary floors, walls and ceilings of each unit have already been built in accordance with the development statement (see s 20 (2)).

    (4)     If the application provides for a staged development, it must include a development statement prepared in accordance with the regulations.

    (5)     The application must include—

        (a)     a certificate from a registered surveyor describing the degree to which any building (including an attachment to a building) on, or being constructed on, the parcel is situated in accordance with the application; and

        (b)     if any existing or proposed attachment to a building on the parcel encroaches, or would encroach, on a public place—a plan prepared by a registered surveyor that shows—

              (i)     the nature and extent of the encroachment; and

              (ii)     whether the encroachment is for use with a unit or the common property; and

              (iii)     if the encroachment is for use with a unit—the unit to which the encroachment relates.

Note     Attachment , encroachment and public place —see the dictionary.