Part IVA Condominium development

In this Part, unless the contrary intention appears:

developer, in relation to a condominium development, means the registered proprietor of an estate in fee simple in or a lease from the Crown of the parcel the subject of the condominium development, and includes a person to whom the developer's interest is transferred as referred to in section 26G, a mortgagee in possession and a purchaser from a mortgagee in possession.

disclosure statement, in relation to a condominium development, means a disclosure statement referred to in section 26B(3), and includes such a statement as varied under this Part.

Nothing in this Act prevents a building lot being the subject of an application under section 26B.

(1) Subject to subsection (2), the registered proprietor of an estate in fee simple in or a lease from the Crown of land may, in respect of that land, apply to the Surveyor-General for the approval of a proposal for the subdivision under this Act of the land and its development in stages as a condominium development.

(2) An application under subsection (1) shall not be made except in respect of a proposal involving the creation of not less than 24 units.

(3) An application under subsection (1) shall be accompanied by:

(a) a disclosure statement in duplicate; and

(b) a development permit issued under section 54 of the Planning Act 1999 indicating:

(i) the consent of the relevant consent authority under that Act to the development of that land in accordance with the condominium development proposal; and

(ii) that the determination to which it relates is conditional on the applicant's compliance with the terms of the disclosure statement.

(1) A disclosure statement shall, on its first page, have printed the prescribed warning, in such manner as is prescribed, and no other information other than the title of the condominium development.

(2) In addition to the warning referred to in subsection (1), a disclosure statement shall consist of:

(a) the documents required under section 11 to be included in an application under section 10(1) as if the disclosure statement were an application under Part III for the approval of the condominium development as a units plan;

(b) a description of the condominium development, and each proposed stage of the development, signed by or on behalf of the proposed developer;

(c) a location plan for each proposed stage of the condominium development and indicating construction zones, access zones and common property;

(d) a description of what use can be made of access zones and construction zones referred to in paragraph (c);

(e) a schedule of materials and finishes for all proposed stages of the condominium development;

(f) a schedule of units and of unit entitlement certified by a valuer on the completion of the condominium development and at the completion of each proposed stage of the condominium development;

(g) a schedule of commencement and completion dates for each proposed stage of the condominium development;

(h) a schedule of working hours in relation to the construction and development during the second and each subsequent proposed stage of the condominium development; and

(j) such other documents, if any, as are prescribed.

(1) In approving a condominium development proposal, the Surveyor-General must:

(a) consider whether security is required for the proposal; and

(b) if the Surveyor-General considers security is required for the proposal – seek the Minister's approval for the requirement.

(2) The purpose of the security is to provide for any damages that may be payable to a claimant if there is a failure of the developer:

(a) to comply with this Act; or

(b) to complete the development or a stage of it in accordance with the disclosure statement.

(3) The Minister may:

(a) give the approval; and

(b) specify in the approval the following requirements:

(i) the form and amount of the security;

(ii) how and by whom the security must be given and maintained.

(4) If the Minister gives the approval, the Surveyor-General must, when approving the proposal:

(a) specify the requirements mentioned in subsection (3)(b) as conditions for the approval of the proposal; and

(b) specify that the approval of the proposal is subject to the compliance of the conditions.

(5) In this section:

claimant means:

(a) a proprietor of a unit in the development; or

(b) a person who has entered into a contract with the developer for the purchase of a proposed unit in the development.

(1) As soon as practicable after he receives a notice under section 18 in respect of a condominium development proposal, the proprietor of the parcel shall lodge with the Registrar-General a copy of the disclosure statement, certified by the Surveyor-General as being a true copy.

(2) An approval under section 15 in respect of a condominium development proposal has no force or effect until a copy of the disclosure statement has been registered.

(3) In this section condominium development proposal includes a variation, in pursuance of section 26J, of such a proposal and disclosure statement, in relation to such a variation, includes a new proposal referred to in section 26J(2)(a).

(1) Subject to subsection (2), sections 19, 20 and 21, each with the necessary changes, apply to and in relation to each stage of a condominium development approved under section 15 as if each stage were the subject of a conditional approval.

(2) In the application of sections 20 and 21 to and in relation to the second or subsequent stage of a condominium development, the documents referred to in section 20 shall not include those relating to a previously completed stage of the condominium development.

(1) This section applies if:

(a) a units plan for a completed stage of a condominium development is registered; and

(b) the developer proposes to transfer all of the developer's interest in the development to another person (the transferee).

(2) The developer must not do so unless:

(a) the developer applies to the Minister in the approved form for the Minister's approval of the transfer; and

(b) the Minister approves the transfer in writing.

(3) The Minister must not approve the transfer unless:

(a) if an application has been made under section 26J for a variation of the disclosure statement for the development to take effect after the transfer – the variation is approved by the Surveyor-General; and

(b) if security is required for the variation – the security has been given and is maintained as so required.

(4) The developer must:

(a) before applying for the approval of the transfer, give a written notice of the proposed transfer to each corporation arising from a completed stage of the development; and

(b) give a written notice of the Minister's decision on the application to each such corporation after being notified of the decision.

(5) In this section:

approved form means a form approved by the Minister.

the developer's interest in the development does not include the developer's interest as the proprietor of a unit in the development.

(1) Where a developer fails to comply with a disclosure statement or complete a condominium development in accordance with the disclosure statement, the proprietor of a unit, or a person who has contracted with the developer to purchase a proposed unit, in the condominium development may, in addition to any other right at law or in equity he may have, sue for and recover such damages from the developer as the Tribunal thinks fit.

(2) Without limiting the generality of subsection (1), the proprietor of a unit, or a person who has contracted with the developer to purchase a proposed unit, in the condominium development shall be entitled to recover any expected loss of capital appreciation of his unit or proposed unit arising out of the failure, calculated to the date on which the condominium development was to be completed in accordance with the disclosure statement.

(3) The proprietor's consent to a variation of the statement does not prevent the proprietor from acting under this section in relation to the statement as in force before the variation.

(4) This section has effect subject to any agreement between the proprietor and the developer.

(1) At any time after the completion of the first stage of a condominium development, the developer may apply to the Surveyor-General for a variation of the Surveyor-General's approval of the subdivision proposed in the disclosure statement.

(1A) A transferee mentioned in section 26G may apply to the Surveyor-General for a variation of the disclosure statement under subsection (1) as if the transferee were the developer.

(2) An application under subsection (1) shall be accompanied by:

(a) a disclosure statement in the form required under section 26C indicating the manner it is proposed that the condominium development proposal be varied and the new proposal;

(b) a determination under section 57 of the Planning Act 1999 indicating the consent of the relevant consent authority under that Act to the proposal as varied; and

(c) the consent in writing, in such form as the Surveyor-General approves, of each proprietor of a unit in the condominium development.

(3) Subject to this section, an application under subsection (1) shall be dealt with by the Surveyor-General in the same manner as an application for the approval of the subdivision proposed in the original disclosure statement.

(4) A variation approved because of subsection (1A) may take effect only after the transfer mentioned in section 26G to which the variation relates has occurred.

(5) In subsection (1):

Surveyor-General's approval, of the subdivision proposed in the disclosure statement, includes the Minister's approval of such a subdivision given before the commencement of the amendment of this section by the Land Title and Related Legislation Amendment Act 2008.

(1) Each contract entered into by a developer for the sale of a unit, proposed unit or other interest in a condominium development, other than an interest referred to in section 26G(1)(a), shall, in addition to any other condition to which it is expressed to be subject, be deemed to be subject to the condition that the developer will construct and complete the condominium development in accordance with the disclosure statement, and each successor in title to a unit or interest so sold shall be deemed to be the original purchaser from or contractor with the developer and may enforce the contract accordingly.

(2) A person is incapable of contracting out of the effect of subsection (1).

A developer shall have against the corporation of, and the proprietor of each unit in the completed stage or stages of, a condominium development such rights in relation to the construction and access zones specified in the disclosure statement in respect of each stage of the proposed condominium development as is provided in the disclosure statement.