Part IIIA Subdivision and consolidation, &c., of units and common property

Nothing in this Part shall be taken to permit a subdivision, consolidation, conversion, alteration or change referred to in this Part:

(a) in relation to a building, a unit or common property in a condominium development – before the units plan relating to the final stage of the condominium development has been registered; or

(b) in any case:

(i) except in pursuance of a unanimous resolution at a general meeting of the corporation called for the purpose of approving that subdivision, consolidation, conversion, alteration or change; and

(ii) unless each person whose consent is required for the subdivision, consolidation, conversion, alteration or change under section 9DA of the Real Property (Unit Titles) Act 1975 has given the consent.

(1) Units or common property, or units and common property, may be subdivided by the registration of a plan as a units plan of subdivision.

(2) A plan shall not be registered as a units plan of subdivision unless:

(a) it consists of a floor plan and location plan;

(b) that floor plan and location plan are accompanied by a certificate given by a licensed surveyor certifying that every:

(i) wall, the inner surface or any part of which corresponds substantially with a line shown on the floor plan relating to the proposed subdivision as a boundary of a proposed unit, exists;

(ii) floor or ceiling, the upper or under surface or any part of which forms a boundary of a proposed unit, exists;

(iii) wall, floor, ceiling or structural cubic space, by reference to which a boundary of a proposed unit is to be ascertained, exists; and

(iv) unit illustrated by that floor plan and location plan is wholly within the perimeter of a parcel,

but such a certificate shall not certify as to the matters referred to in subparagraph (i), (ii) or (iii) in respect of a wall, floor, ceiling or structural cubic space if the inner, upper or under surface or any part of that wall, floor or ceiling was, immediately before the subdivision, a boundary of a unit the subject of the proposed subdivision or if the boundary of any such unit was, immediately before the subdivision, ascertained by reference to a wall, floor, ceiling or structural cubic space; and

(c) it is accompanied by:

(i) in the case of a units plan of subdivision relating in whole or in part to an existing building – a building certificate in relation to the building;

(ii) in the case of a units plan of subdivision in relation to a proposed building – certification in writing by a person approved by the Surveyor-General that the use of the land as proposed will be in accordance with the development provisions, and any interim development

control orders, under the Planning Act 1999, affecting that land; and

(iii) in the case of a units plan of subdivision relating to a proposed subdivision of an existing building and a proposed building – a certificate referred to in subparagraph (i) and the certification referred to in subparagraph (ii).

(3) Sections 22 to 25 inclusive with the necessary changes apply to and in relation to the registration, as a units plan of subdivision, of a plan illustrating a proposed subdivision referred to in section 4(6) in the same way as they apply to and in relation to the registration of a plan as a units plan.

(4) In subsection (2)(c)(i):

building certificate means:

(a) a certificate issued under section 40 of the repealed Act as defined in section 4 of the Building Act 1993; or

(b) occupancy certification as defined in section 4 of the Building Act 1993.

Two or more units held by the same registered proprietor may be consolidated into one unit by the registration of a plan as a units plan of consolidation.

A plan illustrating a proposed subdivision referred to in section 4(6), a proposed consolidation under section 21C, a change to land under section 21FA or a proposed conversion under section 21E shall not be registered as a units plan of subdivision or a units plan of consolidation or a notice of change to land or a notice of conversion unless it is accompanied by:

(a) a schedule certified by a valuer specifying the proposed unit entitlement for each unit to be comprised in the parcel after the proposed subdivision, consolidation, change or conversion and the proposed aggregate unit entitlement for all the units; and

(b) a certificate under the seal of the corporation concerned certifying that it has, by special resolution, agreed to each proposed unit entitlement and the proposed aggregate unit entitlement shown in the schedule referred to in paragraph (a).

(1) Subject to subsection (2), one or more units may be converted into common property by the registration, as a notice of conversion, of a notice in a form approved by the Registrar-General, being a notice executed by the proprietor or proprietors of that unit or those units and by the body corporate.

(2) A notice referred to in subsection (1) shall not be registered as a notice of conversion unless:

(a) every mortgage, lien, charge, current lease, caveat or writ recorded in the land register in respect of each unit to which the notice relates has, in so far as it affects any such unit, been discharged or surrendered, or withdrawn or otherwise disposed of; and

(b) the Registrar-General is satisfied that written notice of the intended conversion was given:

(i) in the case of a parcel within a local government area – to the local government council; and

(ii) in the case of a parcel within a prescribed area under the Northern Territory Rates Act 1971 – to the Minister responsible for the administration of that Act,

not later than 3 months before the registration of the notice of conversion.

(1) Where a building is altered by:

(a) the demolition of a wall, floor, ceiling or structural cubic space, and a boundary of a unit was, immediately before the alteration, the inner surface or a part of that wall, the upper surface or a part of that floor or the under surface or a part of that ceiling or was defined in terms of or by reference to that wall, floor, ceiling or structural cubic space; or

(b) the construction of a wall, floor or ceiling so that a boundary of a unit coincides with the inner surface or a part of that wall, the upper surface or a part of that floor or the under surface or a part of that ceiling,

the proprietor of that unit shall, within 28 days after a building certificate is issued in respect of the demolition or construction, lodge with the Registrar-General for registration as a building alteration plan a plan which:

(c) defines by lines the base of each vertical boundary of that unit after the alteration of the building; and

(d) is accompanied by a certificate given by a licensed surveyor certifying that:

(i) the wall, floor, ceiling or structural cubic space has been demolished or constructed, as the case may be; and

(ii) every wall, floor or ceiling referred to in paragraph (b) is wholly within the perimeter of the parcel.

Maximum penalty: 100 penalty units.

(2) In subsection (1):

building certificate means:

(a) a certificate issued under section 40 of the repealed Act as defined in section 4 of the Building Act 1993; or

(b) occupancy certification as defined in section 4 of the Building Act 1993.

(1) Subject to section 21A, a person (including a body corporate) may apply to the Registrar-General to change land comprised in a parcel by adding land to, or removing land from, the parcel.

(2) An application under subsection (1) is to be in the prescribed form and contain the prescribed information (including information concerning unit entitlements and land descriptions).

(3) If:

(a) the land is in a condominium development or estate development; and

(b) the development of the land has not been completed in accordance with the disclosure statement relating to the land,

the Registrar-General must not deal with the application unless the Surveyor-General has under section 26J or 26W (as applicable) approved a variation of the disclosure statement.

(4) The Regulations may provide for the consequences of changing land in the common property in a unit and of changing land for the purposes of creating a new unit.

(5) In this section, parcel includes the whole of land comprised in a subdivision under this Act.

The Registrar-General may refuse to register:

(a) a plan for registration as a units plan of subdivision or a units plan of consolidation;

(ba) a document by which land will be added to or subtracted from a parcel of land;

(b) a notice for registration as a notice of conversion; or

(c) a plan for registration as a building alteration plan,

unless it is accompanied by the certificate as to title comprising the common property.

(1) If a units plan of subdivision or a units plan of consolidation is for land in a Restricted Water Extraction Area, the units plan must be lodged with the information required by section 14C(3) of the Water Act 1992.

(2) The Registrar-General must refuse to register a units plan of subdivision or a units plan of consolidation for land in a Restricted Water Extraction Area unless it complies with the restrictions of sections 14A and 14B of the Water Act 1992 and the requirements of section 14C(3) of that Act.

(3) In this section:

Restricted Water Extraction Area means an area of land declared under section 14A(1) of the Water Act 1992.