Part VIII Alteration of units plans

(1) Where:

(a) after the registration of a units plan, a building or other improvement on the parcel is damaged or destroyed; and

(b) an order for the termination of the units plan has not been made under the Termination of Units Plans and Unit Title Schemes Act 2014; and

(c) an application for such an order is not pending,

an application may be made to the Tribunal for an order, approving a scheme that makes provision for the reinstatement of the building or other improvement, or, in a case where a unit has been damaged or destroyed, for the elimination of that unit and for any consequential alteration of the units plan.

(2) An application under this section may be made by the corporation, by a majority of the members of the corporation jointly or, if an administrator of the corporation has been appointed, by the administrator.

(3) A copy of an application under this section for the approval of a scheme providing for the elimination of a unit shall be served on the Registrar-General.

(4) A scheme submitted for the approval of the Tribunal shall include provisions showing:

(a) the proposed reinstatement or elimination;

(b) the manner in which it is proposed to apply insurance moneys paid or payable in respect of the damage or destruction;

(c) the compensation or other moneys to be paid to the proprietor of a unit and any other person who may be adversely affected by the scheme; and

(d) where the scheme provides for the elimination of a unit, the manner in which it is proposed that the units plan be altered, including any necessary alteration of the schedule of unit entitlement, to enable effect to be given to the scheme.

(5) The Tribunal may, on the hearing of an application under this section, make an order approving the scheme if it is satisfied that it is just and equitable to do so and may, in the order, give such directions as it thinks are necessary or expedient to enable effect to be given to the scheme.

The Tribunal , if satisfied, on an application made for the purpose, that the provisions of a scheme approved by it providing for the elimination of a unit (other than the provisions for the alteration of the units plan) have been carried out and that the directions (if any) given in the order approving the scheme have been complied with, shall make an order directing such alteration of the units plan as was approved by it.

On the registration of an order for the alteration of a units plan, the units plan shall be deemed to be altered in the manner directed by the order of the Tribunal and:

(a) the title of the unit proposed to be eliminated is determined;

(b) the land comprised in the common property shall be deemed to include the land that, immediately before the registration of the order, comprised that unit; and

(c) section 25(3)(a) has effect as if a reference in that section to the registration of the units plan were a reference to the registration of the order for the alteration of the units plan.

Each of the following persons has the right to appear and to be heard in support of, or in opposition to, an application made under section 95 or 98:

(a) the corporation or, if an administrator has been appointed, the administrator of the corporation;

(b) a member of the corporation;

(c) a person claiming to have an estate or interest in a unit;

(d) an insurer who has effected insurance of a building or other improvement on the parcel; and

(e) the Minister.

The Tribunal may, in an order under section 99, give such directions as it thinks fit with respect to the taking out of the order and the lodging of a copy of the order with the Registrar-General.