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 (3) 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 (3)).

    (4)     The application must include—

        (a)     if the parcel is prescribed by regulation—a unit title assessment report that is not more than 3 months old; and

        (b)     a plan prepared by a registered surveyor showing anything prescribed by regulation.

Note     Unit title assessment report —see s 22B.

    (5)     If the application provides for a staged development, it must include—

        (a)     a development statement prepared in accordance with the regulations; and

        (b)     on the completion of each stage of the development, the documents mentioned in subsection (4).

    (6)     In this section:

"stage", of a development, means a stage identified in the development statement.