Victorian Consolidated Legislation

Subdivision Act 1988 - SECT 32AI

Consolidation, subdivision or alteration

32AI. Consolidation, subdivision or alteration



(1) The owner or owners of a lot or lots affected by an owners corporation on
a registered plan may, without obtaining a resolution of the owners
corporation, proceed under this subsection to consolidate, subdivide or alter
the lot or lots owned, if the consolidation, subdivision or alteration-

   (a)  does not alter the boundaries of common property; and

   (b)  does not alter the boundaries or lot entitlement or liability of lots
        not being consolidated, subdivided or altered; and

   (c)  does not add an area of land that is more than 10% or, if another
        percentage is prescribed, that prescribed percentage, of the area of
        the land in the lot or lots to be consolidated, subdivided or altered
        to the land affected by the owners corporation.

(2) If an owner proceeds under subsection (1), the owner must submit for
certification and lodge for registration a plan showing the changes to be made
to the registered plan.

(3) Consent to the registration of the plan is not required by any person in
respect of land that is not the subject of the plan.

(4) Despite section 24, on the registration of a plan under this section, the
Registrar may, if appropriate-





   (a)  create a folio of the Register for the existing common property and a
        folio of the Register for newly created common property in the name of
        a relevant owners corporation; or

   (b)  create in the name of the relevant owners corporation a single folio
        of the Register for existing and newly created common property.