6.0 Part 1, Subparts 1 to 11 of Part 2 and Schedule 1 Unit Titles Act 2010

Question 1

Section 19 provides a meaning of a “layered unit title development”. What two things are required for a grouping of unit title developments to constitute a layered unit title development under this section?

Answer 1

A layered unit title development is a grouping of unit title developments in which

(a) there is 1 head unit title development; and
(b) there is at least 1 subsidiary unit title development

Question 2

Section 32 of the act describes instances where a unit plan for the subdivision of land must not deposit. Three of these restrictions relate to the computer register in which the land is held. List the restrictions.

Answer 2

32 Restrictions on deposit of unit plans

(1) A unit plan for the subdivision of land must not be deposited
(a) while the computer register to any land to which it relates is limited in any manner referred to in Part 12 of the Land Transfer Act 1952:
(b) while the land to which it relates is held in more than 1 computer register created under the Land Transfer Act 1952:
(c) unless the land to which it relates is the whole of the land in a computer register created under the Land Transfer Act 1952:

Question 3

Clause (2) of Section 32 of the act lists specific certificates or approvals required for a unit plan to deposit. List the certifications or approvals required

Answer 3

(2) A unit plan for the subdivision of land or for the subdivision of a principal unit must not be deposited
(a) unless a certificate in the prescribed form has been given in writing by an authorised officer of the territorial authority in whose district the land is situated to the effect that
(i) every building (if any) shown on the plan has been erected, and all other development work has been carried out, to the extent necessary to enable all the boundaries of every unit and the common property shown on the plan to be physically measured; and
(ii) every principal unit shown on the plan conforms to the definition of principal unit in section 7:
(b) unless a certificate in the prescribed form has been given in writing by a registered valuer showing the ownership interest or proposed ownership interest fixed under section 38 for each of the units on the plan:
(c) until it has been approved in accordance with section 9 of the Cadastral Survey Act 2002

Question 4

Section 47 provides for the Register General of Lands to set up a supplementary record sheet in relation to a unit plan. What information must the Registrar note on the supplementary record sheet?

Answer 4

Supplementary record sheets
On the deposit of a unit plan under subpart 1 or 2, or section 24(2)(a), the Registrar must set up a supplementary record sheet on which the Registrar must note
(a) that the body corporate owns the common property; and
(b) that the owners of all the units are beneficially entitled to the common property as tenants in common in shares proportional to the ownership interest (or proposed ownership interest) in respect of their respective units; and
(c) appropriate memorials relating to-
(i) all instruments that are registered and that affect the whole or any part of the base land and the common property (independently of the units) to which the unit plan relates; and
(ii) all other matters that, in accordance with this Act, the regulations, and any other Act, have to be noted on the supplementary record sheet.

Question 5

Under Section 55 (2) what happens to an access lot, or share of an access lot, owned by the registered proprietor of the base land on the deposit of the unit plan?

Answer 5

55 Access lots.
(2) On the deposit of the unit plan, the access lot, or share of the access lot, owned by the registered proprietor of the base land becomes part of the common property.

Question 6

Pursuant to Section 60 what effect does the deposit of a unit plan have on existing easements and covenants affecting the base land?

Answer 6

60 Existing easements and covenants affecting base land
The deposit of a unit plan has no effect on any easement or covenant to which the base land is subject or on any easement or covenant that is appurtenant to the base land.

Question 7

What are the essential requirements of a principal unit that are specified in section 7(1) UTA?

Answer 7

In this Act, principal unit means

(a) a unit that is designed for use [(whether in conjunction with any accessory unit or not) as a place of residence or business or for any other use] of any nature, and that is shown on a unit plan as a principal unit; and
(b) either
(i) contains a building or part of a building or is contained in a building (although the unit may or may not be bounded by the physical dimensions of the building); or
(ii) is a car park.

Question 8

What are the four activities specified in Section 8 UTA that separately or together constitute a redevelopment under the UTA?

Answer 8

(a) the subdivision by sale, transfer, or partition into 2 or more new units (whether or not any new unit is on the same level as any other new unit) of
(i) a unit or units shown on a deposited unit plan; or
(ii) a unit or units shown on a deposited unit plan and the whole or part of any stratum or strata formerly forming part of the common property shown on the deposited unit plan;
[ie the subdivision into 2 or more new units of a unit or units shown on a deposited unit plan, or of a unit or units and part of the common property shown on a deposited unit plan]
(b) the enlargement of a unit shown on a deposited unit plan by the inclusion in the unit of any stratum that immediately touches upon that unit and was formerly part of the common property or part of another unit shown on the deposited plan;
(c) the transfer into the common property of a unit or part of a unit;
(d) the erection of 1 or more new units on the common property

Question 9

Pursuant to section 65(1) UTA, under what circumstances may a redevelopment be carried out as an amendment to an existing unit plan instead of the substitution of a new unit plan for the existing unit plan?

Answer 9

The redevelopment

• consists solely of the adjustment of the boundary between 1 or more units shown on a unit plan
• the adjustment does not materially affect the common property
• the adjustment does not materially affect the use, enjoyment, or ownership interest of any unit the boundary of which is not being adjusted

Question 10

Under Section 55(2) UTA what happens to an access lot, or share of an access lot, owned by the registered proprietor of the base land on the deposit of a unit plan?

Answer 10

On the deposit of the unit plan, the access lot, or share of the access lot, owned by the registered proprietor of the base land becomes part of the common property.

Question 11

Pursuant to section 60(2) UTA, where are existing easements and covenants affecting the base land of a unit title development recorded in the land transfer register?

Answer 11

Section 60(2) UTA – the Registrar must require any easements and covenants [affecting the base land] to be recorded … on the supplementary record sheet [for the unit title development]

Question 12

Section 73(1) UTA specifies two categories of incidental rights over the base land of a unit title development that are appurtenant to the common property and each unit in that development. List these two categories.

Answer 12

• rights of support, shelter, and protection; and
• rights for the passage or provision of [water, sewerage, drainage, gas, electricity, oil, garbage, air, all telecommunications and electronic services, and all other] services of any nature.

Question 13

List the meanings of the following terms provided in Section 5(1) Unit Titles Act 2010 for

(a) Access lot
(b) Accessory unit
(c) Common property

Answer 13

Access lot means a separate allotment that was created or currently exists to provide access between an existing road and
(a) a unit title development; or
(b) a unit in a unit title development
Accessory unit means a unit that is designed for use with any principal unit (including, without limitation, a garden, garage, car parking space, storage space, swimming pool, laundry, stairway, or passage) and that is shown on a unit plan as an accessory unit.
Common property means
(a) all the land and associated fixtures that are part of the unit title development but are not contained in a principal unit, accessory unit, or future development unit; and
(b) in the case of a subsidiary unit title development, means that part of the principal unit subdivided to create the subsidiary unit title development that is not contained in a principal unit, accessory unit, or future development unit

Question 14

Describe the meaning of the term Principal Unit provided in Section 7(1) Unit Titles Act 2010.

Answer 14

In this Act, principal unit means a unit

(a) that is designed for use (whether in conjunction with any accessory unit or not) as a place of residence or business or for any other use of any nature, and that is shown on a unit plan as a principal unit; and
(b) that
(i) contains a building or part of a building or is contained in a building (although the unit may or may not be bounded by the physical dimensions of the building); or
(ii) is 1 or more car parks.

Question 15

Describe the four activities detailed in Section 8(1) Unit Titles Act 2010 that separately or together constitute a redevelopment under this Act

Answer 15

In this Act, redevelopment means -

(a) the subdivision by sale, transfer, or partition into 2 or more new units (whether or not any new unit is on the same level as any other new unit) of
(i) a unit or units shown on a deposited unit plan; or
(ii) a unit or units shown on a deposited unit plan and the whole or part of any stratum or strata formerly forming part of the common property shown on the deposited unit plan; or
(b) the enlargement of a unit shown on a deposited unit plan by the inclusion in the unit of any stratum that immediately touches upon that unit and was formerly part of the common property or part of another unit shown on the deposited plan; or
(c) the transfer into the common property of a unit or part of a unit; or
(d) the erection of 1 or more new units on the common property

Question 16

Section 32 Unit Titles Act 2010 describes instances where a unit plan for the subdivision of land must not deposit. Section 32(1) of that Act describes restrictions relating to the computer register in which the land is held. List these restrictions.

Answer 16

A unit plan for the subdivision of land must not be deposited

(a) while the record of title to any land to which it relates is limited in any manner referred to in subpart 4 of Part 4 of the Land Transfer Act 2017, or is a qualified record of title under that Act:
(b) while the land to which it relates is held in more than 1 record of title created under the Land Transfer Act 2017:
(c) unless the land to which it relates is the whole of the land in a record of title created under the Land Transfer Act 2017:
(d) unless the grantor of the lease or licence, if the land is held under a lease or licence, the registered owner of any mortgage, encumbrance, or charge affecting the land or any part of it, and every caveator whose caveat against the land was lodged with the Registrar before deposit of the plan, have consented in writing to its being deposited.

Question 17

Section 32(2) Unit Titles Act 2010 lists specific certificates or approvals required for a unit plan to deposit. List the certifications and approvals required

Answer 17

A unit plan for the subdivision of land or for the subdivision of a principal unit must not be deposited
(a) unless a certificate in the prescribed form has been given in writing by an authorised officer of the territorial authority in whose district the land is situated to the effect that
(i) every building (if any) shown on the plan has been erected, and all other development work has been carried out, to the extent necessary to enable all the boundaries of every unit and the common property shown on the plan to be
physically measured; and
(ii) every principal unit shown on the plan conforms to the definition of principal unit in section 7:
(b) unless a certificate in the prescribed form has been given in writing by a registered valuer showing the ownership interest or proposed ownership interest assessed under section 38(2) for each of the units on the plan:
(c) until it has been approved in accordance with section 9 of the Cadastral Survey Act 2002.

Question 18

Under Section 55(2) Unit Titles Act 2010 what happens to an access lot, or share of an access lot, owned by the registered proprietor of the base land on the deposit of a unit plan?

Answer 18

On the deposit of the unit plan, the access lot, or share of the access lot, owned by the registered owner of the base land becomes part of the common property.

Question 19

Section 60(1) Unit Titles Act 2010 details the effect the deposit of a unit plan has on any easement or covenant to which the base land is subject. What is the effect of the deposit of a unit plan on any easement or covenant?

Answer 19

The deposit of a unit plan has no effect on any easement or covenant to which the base land is subject or on any easement or covenant that is appurtenant to the base land

Question 20

Under Section 60(2) Unit Titles Act 2010, where are existing easements and covenants affecting the base land of a unit title development recorded in the land transfer register?

Answer 20

The Registrar must require any easements and covenants referred to in subsection (1) to be recorded (by diagram, words, or otherwise) on the supplementary record sheet, and must not note them on any record of title created under section 43.