Queensland Consolidated Acts

BUILDING UNITS AND GROUP TITLES ACT 1980 - SECT 9

9 Registration of plan

(1) A building units plan shall—

(a) delineate the external surface boundaries of the parcel and the location of the building in relation thereto;

(b) bear a statement containing such particulars as may be necessary to identify the title to such parcel;

(c) include a drawing illustrating the lots and distinguishing such lots by numbers;

(d) define the boundaries of each lot in the building by reference to floors, walls, ceilings and, in the case where a boundary may be defined by reference to a permanent structure or permanent structures of the building, each such structure;

However, it shall not be necessary to show any bearing or dimensions of a lot;

(e) show the approximate floor area of each lot;

(f) have endorsed upon it a schedule complying with the provisions of section 19 ;

(g) have endorsed upon it the name of the building;

(h) have endorsed upon it the address at which documents may be served on the body corporate in accordance with section 127 ;

(i) contain such other features as may be prescribed.

(2) A group titles plan shall—

(a) delineate the external surface boundaries of the parcel and the location of each lot and the common property in relation thereto;

(b) bear a statement containing such particulars as may be necessary to identify the title to such parcel;

(c) delineate the lots and distinguish such lots by numbers;

(d) delineate the common property;

(e) show the area of each lot and of the common property;

(f) have endorsed upon it a schedule complying with the provisions of section 19 ;

(g) have endorsed upon it the name of the parcel;

(h) have endorsed upon it the address at which documents may be served on the body corporate in accordance with section 127 ;

(i) be in the approved form;

(j) contain such other matters, and be of such standard of accuracy, as may be prescribed.

(3) Save with the consent of the Minister a plan shall not be registered if the name of the building or the name of the parcel, as the case may be, endorsed thereon, in the opinion of the registrar of titles, is undesirable.

(3A) A plan shall not be registered if the name of the building or the name of the parcel, as the case may be, endorsed thereon is currently endorsed on—

(a) a registered leasehold building units plan under the South Bank Corporation Act 1989 ; and

(b) a registered building units plan;

or is reserved pursuant to—

(c) section 120 of this Act; or

(d) the South Bank Corporation Act 1989 , schedule 4 , section 120 .

(4) A body corporate may, by resolution without dissent and with the consent of the registrar of titles, change the name of the building or the parcel, as the case may be, endorsed upon the plan to a name with which the plan could be registered without contravention of subsection (3) or (3A) .

(5) In a building units plan, the common boundary of any lot with another lot or with common property shall be the centre of the wall, floor or ceiling, as the case may be.

(5A) Notwithstanding subsections (5) and (5B) , a balcony, courtyard, roof garden or other area (being part of a building) which is not bounded wholly by walls or a ceiling or walls and a ceiling may and, it is hereby declared, always could from the commencement of the Building Units and Group Titles Act 1980 be included as part of a lot shown on a building units plan.

(5B) Provided that the balcony, courtyard, roof garden or other area shall be contiguous to a part of the lot the boundary of which part if it, by itself, were a lot would be the centre of walls, floor and ceiling.

(6) Where, pursuant to subsection (5A) , a balcony, courtyard, roof garden or other area of a building is included as part of a lot shown on a building units plan—

(a) that part of the boundary of the lot that is not the centre of a wall and would, but for the operation of subsections (5A) and (5B) , be required to be the centre of a wall shall be the vertical plane from the upper boundary of the lot to the floor along the line described connecting the centres of the permanent vertical structures of the building approved for that purpose by the registrar of titles (which may include part of a wall) on that boundary, with the centres of the walls that form part of the boundary of the lot;

(b) that part of the boundary of the lot that is not the centre of a ceiling and would, but for subsections (5A) and (5B) , be required to be the centre of a ceiling shall be the horizontal plane from the edge of the existing ceiling to the vertical boundary of the lot over which that ceiling does not extend at the level or levels of the walls and, where paragraph (a) applies, the permanent vertical structures to that part, such that, in any case, the plane is no higher than the boundary of the area of the lot that is the centre of a ceiling.

(7) Every plan lodged for registration shall be endorsed with or be accompanied by a certificate of the local government that the proposed subdivision of the parcel as illustrated in the plan has been approved by the local government and that all the requirements of the Local Government (Planning and Environment) Act 1990 as modified by this Act have been complied with in regard to the subdivision.

Editor’s note—

Local Government (Planning and Environment) Act 1990 —see the Acts Interpretation Act 1954 , section 14H and the Integrated Planning Act 1997 .

(8) Every building units plan lodged for registration shall be endorsed with or be accompanied by certificates respectively—

(a) of a cadastral surveyor within the meaning of the Surveyors Act 2003 that the building shown on the building units plan is within the external surface boundaries of the parcel the subject of the building units plan and, where a part of the building projects beyond such external boundaries, that an appropriate easement has been granted as an appurtenance of the parcel or, where that projection is over a road, that the local government has consented thereto pursuant to the local laws, as the case may be; and

(ab) of a cadastral surveyor within the meaning of the Surveyors Act 2003 containing the particulars prescribed; and

(b) where the construction of the building shown on the building units plan was commenced after 1 February 1973, of an architect within the meaning of the Architects Act 2002 that the building has been substantially completed in accordance with plans and specifications approved by the local government or a designated officer of the local government or, where the building has not been constructed under the supervision of an architect, of a building surveyor (or where there is no building surveyor a building inspector) of the local government (which certificate a building surveyor or building inspector is hereby authorised to give unless otherwise directed by the local government) that the building has been substantially completed in accordance with plans and specifications approved by the local government or a designated officer of the local government.

(9) No certificate given by a building surveyor or building inspector in good faith for the purposes of subsection (8) (b) shall subject the building surveyor or building inspector to any liability whatsoever in respect thereof and the proof of any allegation of the absence of good faith on the part of the building surveyor or building inspector shall be upon the person so alleging.

(10) For the purposes of this section—

"building surveyor" and
"building inspector" include, where there is no building surveyor or building inspector of the local government, the officer of the local government whose duties include the performance of duties usually undertaken by a building surveyor or building inspector of a local government.

(11) Before registering a building units plan the registrar of titles may require proof to the registrar’s satisfaction by statutory declaration or otherwise of the time of commencement of construction of the building to which the plan relates.

(12) Each group titles plan lodged for registration must be endorsed with or accompanied by a certificate—

(a) approved under the Survey and Mapping Infrastructure Act 2003 ; and

(b) given by a cadastral surveyor within the meaning of the Surveyors Act 2003 ; and

(c) certifying that the plan is accurate.

(13) Before registering a plan the registrar of titles may make or cause to be made such inspection of the parcel to which the plan relates as the registrar considers necessary.

(14) Upon lodgement for registration of a plan the registrar of titles shall allot thereto a number.

(15) Registration of a plan shall be effected by notifying under the seal of the registrar of titles on the plan the fact and date of such registration.

(16) Every building units plan, group titles plan, building units plan of resubdivision or amalgamation, group titles plan of resubdivision or amalgamation or notice of conversion lodged for registration shall be accompanied by the relevant titles registry fees (including the fee mentioned in section 14 ).