Australian Capital Territory Current Regulations

[Index] [Table] [Search] [Search this Regulation] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

UNIT TITLES REGULATION 2001 - REG 8

Staged developments—development statements—Act s 17 (4)

    (1)     A development statement must—

        (a)     include a description of the land consisting of the parcel; and

        (b)     include a copy of the plans relating to the development, and any amendment of the plans, as approved in the development approval under the href="https://www.legislation.act.gov.au/a/2023-18/" title="A2023-18">Planning Act 2023

, chapter 7; and

        (c)     state how the staged development is to be carried out, including—

              (i)     a description of the work (including common property amenities) to be completed in each stage of the development; and

              (ii)     a schedule of commencement and completion dates for each stage; and

              (iii)     the arrangements for access to the parcel during the development; and

              (iv)     the permitted uses of the common property during the development; and

              (v)     landscaping of the parcel; and

        (d)     state that the developer must pay the reasonable expenses incurred by the owners corporation—

              (i)     in repairing any damage to the common property, or to units, in the completed stages of the development that is caused in carrying out the development; and

              (ii)     for any water, sewerage, drainage, gas, electricity, oil, garbage, conditioned air or telephone service used in carrying out the development; and

        (e)     state that the developer must make good, as soon as practicable, any damage to the common property or units in the completed stages of the development caused in carrying out the development; and

        (f)     state that the standard of materials used, finishes effected, common property improvements, landscaping, roadways and paths to be carried out in the development must not be inferior to or substantially different from those of the buildings and other works in the completed stages of the development; and

        (g)     include a requirement that after the completion of any stated stages of the development, and after the completion of the entire development, the territory planning authority must be provided with a report by a registered surveyor about the position of fully or partially completed buildings in relation to the boundaries of the units and of the parcel.

Note     If a form is approved under the href="http://www.legislation.act.gov.au/a/2001-16/" title="Unit Titles Act 2001">Act

, s 180 for a report by a registered surveyor under par (g), the form must be used.

    (2)     The development statement may apportion the liability for expenses for the use or maintenance of the common property of the staged development differently from the way that liability would otherwise be apportioned by the schedule of unit entitlement.

    (3)     An apportionment under subsection (2) has effect despite the current schedule of unit entitlement, but does not apply to any liability for the use or maintenance of the common property after the development is completed.

Note     If a form is approved under the href="http://www.legislation.act.gov.au/a/2001-16/" title="Unit Titles Act 2001">Act

, s 180 for a development statement, the form must be used.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback