Australian Capital Territory Current Acts

UNIT TITLES ACT 2001 - SECT 20

    (1)     The territory planning authority may approve a unit title application if satisfied on reasonable grounds that—

        (a)     the application is in accordance with this Act; and

        (b)     each unit is (or will be) suitable for separate occupation; and

        (c)     the proposed use for each unit—

              (i)     is permitted under the lease for the parcel; and

              (ii)     is consistent with any development approval under the Planning Act 2023

, chapter 7, or condition subject to which a development approval is given, applying to the building or use of the relevant building; and

Note 1     If a development approval relates to the use of land, or of a building or other structure on land, a condition of the approval may be that the use may take place only in stated circumstances or at stated times (see Planning Act 2023

, s 187 (2) (i)).

Note 2     The territory planning authority must not do any act that is inconsistent with the territory plan

(see Planning Act 2023

, s 52).

        (d)     the proposed schedule of unit entitlement is reasonable, having regard to the prospective relative improved values of the units; and

        (e)     if the application shows an encroachment on public unleased land by an attachment to a building—

              (i)     if the attachment exists on the day the application is lodged with the authority—the attachment is an authorised existing attachment; or

Note     Authorised existing attachment —see s (10).

              (ii)     in any other case—

    (A)     the encroachment would not endanger public safety or unreasonably interfere with the amenity of the neighbourhood; and

    (B)     it is not in the public interest to refuse to approve the application because of the encroachment; and

        (f)     if the application includes a building management statement—

              (i)     the statement has been approved under the Land Titles Act 1925

, section 123I; or

              (ii)     the requirements mentioned in the Land Titles Act 1925

, section 123I (2) are met.

    (2)     If a unit title application provides for staged development, the territory planning authority may approve a stage of the development (a development stage ) as if the stage were a unit title application.

    (3)     The territory planning authority may approve a development stage only if satisfied that—

        (a)     the development has development approval under the Planning Act 2023

, chapter 7; and

        (b)     for a staged development of class A units—the boundary floors, walls and ceilings of each unit in the development stage have been built in accordance with the development statement.

    (4)     Also, if a unit title application relates to a lease located within a prescribed zone, the territory planning authority may approve the application only if the lease states the number of units (however described) permitted on the land and the application is for not more than the permitted number of units.

    (5)     The territory planning authority may refuse to approve the application if the lessee is in breach of the lease, or of a provision of (or requirement under) the Planning Act 2023

that applies because the lessee is the lessee of the parcel.

    (6)     The territory planning authority may refuse to approve the application if the proposed subdivision would be inconsistent with the requirements of the heritage register.

    (7)     The territory planning authority may refuse to approve the application if—

        (a)     the applicant is required to provide the authority with a unit title assessment report under section 17 and—

              (i)     has not provided a unit title assessment report; or

              (ii)     has provided a unit title assessment report that is more than 3 months old; or

        (b)     the applicant is required to provide a copy of either of the following documents to the authority and the applicant has not provided the document:

              (i)     for section 17 (5) (a) (ii)—a work approval under the Public Unleased Land Act 2013

, section 19;

              (ii)     for section 19A (1)—a certificate of occupancy and use; or

        (c)     the authority has asked for further information under section 22F and the applicant has not provided some or all of the information by—

              (i)     the end of the period stated in the request; or

              (ii)     if the authority has extended the period within which the further information must be provided—the end of that period.

    (8)     If a parcel is leased for rural purposes, the territory planning authority may approve the application only if—

        (a)     criteria have been determined by the authority for the approval of rural unit title applications; and

        (b)     the application is in accordance with the criteria.

    (9)     A determination under subsection (8) (a) is a disallowable instrument.

Note     A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act

.

    (10)     In this section:

"authorised existing attachment", in relation to a unit title application, means—

        (a)     if the application includes the cancellation of a units plan (the "old plan") that was registered before 1 January 2002—the old plan shows the attachment; or

        (b)     in any other case—the attachment was lawful when it was constructed.

"certificate of occupancy and use"—see section 19A (2).

"prescribed zone" means a zone identified in the territory plan

that is prescribed by regulation.

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