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BUILDING UNITS AND GROUP TITLES ACT 1980 - SECT 120
Reservation of name
120 Reservation of name
(1) A person may make an application in the approved form and in the way
prescribed by regulation, accompanied by the relevant titles registry fee, to
the land registry for the reservation of a name set out in the application as
the name of a building in a proposed building units plan or the name of a
parcel in a proposed group titles plan.
(2) If the registrar of titles is
satisfied as to the bona fides of the application and that the proposed name
is a name with which the plan could be registered without contravention of
section 9 the registrar shall reserve the proposed name in the manner
prescribed for a period of 2 years from the date of the lodging of the
application.
(3) If, at any time during the period for which a name is
reserved, an application, accompanied by the relevant titles registry fee, is
made to the land registry for an extension of that period and the
registrar of titles is satisfied as to the bona fides of the application, the
registrar may extend that period for a further period of 1 year.
(4) During a
period for which a name is reserved— (a) in respect of a proposed
building units plan—another building units plan or a leasehold
building units plan within the meaning of the South Bank Corporation Act 1989
; or
(b) in respect of a proposed group titles plan—another
group titles plan;
shall not be registered under this Act whether originally
or on change of name, under the reserved name.
(5) The reservation of a name
under this section in respect of a proposed plan does not in itself entitle a
plan to be registered by that name.
(6) An applicant for the reservation of a
name who, during the period for which that name is reserved— (a) lodges the
plan in respect of which that name is reserved; or
(b) decides not to proceed
with the registration of the plan in respect of which that name is reserved;
or
(c) decides not to register the plan in the name so reserved;
shall notify
the land registry to that effect and— (d) in the case of paragraph (a)
—the registrar of titles shall note the registrar’s records accordingly;
and
(e) in the case of paragraph (b) or (c) —the name shall cease to be
reserved.
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