Guide to the unit title application process

Quick Glossary

• Lessee: The person or company that holds the lease for the land.
• Unit title assessor: A licensed person who checks and reports on the unit title application.
• UTAR: Unit Title Assessment Report.
• DA: Development Approval.
• Encroachment: Something built that crosses into another area or boundary.
• Units Plan: A plan showing all units and common property.
• CED: City and Environment Directorate.
• TPA: Territory Planning Authority.
• BMS: Building Management Statement (how shared services in a building are managed).

Step 1: Hire a Unit Title Assessor

The applicant (this could be the lessee, developer, or their solicitor) hires a licensed assessor to prepare a Unit Title Assessment Report (UTAR).

This is required under the Unit Titles Act 2001.

Give the assessor:

• Land details
• Applicant details
• Unit type (Class A or Class B, staged or unstaged)
• Start and finish dates
• Development approval (DA) reference
• A signed request

If the assessor accepts, they will prepare the UTAR.

Step 2: The Assessor Prepares the Report (UTAR)

The UTAR has two parts:

1. The assessment (what the assessor checks)
2. The materials (documents that must go with the report)

The assessment includes checks on:

• Site inspection:
  • Date of inspection
  • Proof it happened after construction (for each stage)
  • Unit entitlements
  • Correct certificates
  • Photos of signs and letterboxes
• Development approval (DA):
  • All conditions are met
  • Plans match the DA
  • Landscaping matches the approved plan
  • Any encroachments are allowed
• Site and floor plans:
  • Structures match approved plans
  • Addressing diagram (from City and Environment Directorate)
  • Building footprints
  • Access to common property

The site inspection should confirm:

• The building matches the approved DA plans
• Landscaping matches the approved plan
• Units and unit subsidiaries match the approved site and floor plans
• Any encroachments are allowed
• Units and car spaces are correctly numbered and letterboxes are provided

The materials include:

• Certificates (for occupancy and use, unit entitlement, fitness for unit title)
• Surveyor encroachment certification
• Relevant approvals and permits
• Any other information the assessor used, including “further information” if requested

Step 3: Assessor Gives the Report to the Applicant

The assessor will talk with the applicant during the process, so issues can be fixed early.

The UTAR must show the development meets all requirements and can pass City and Environment Directorate’s (CED's) completeness check.

The UTAR must be less than 3 months old.

Early lodgement (large plans)

You can email large plans for early checking to ACTPLASURVEY@act.gov.au.

• Large plan = Class A with more than 50 units, or Class B with more than 20 units.

Plans with fewer units may be accepted early if the situation is complex.

Step 4: Submit the Unit Title Application

When you are ready, submit the application using the approved form.

Include these separate PDF files:

• Unit Title Application
• UTAR
• Units Plan
• Units Plan – Surveyor’s Checklist

City and Environment Directorate (CED) will:

• Check minimum requirements
• Make sure the proposal fits the lease purpose clause, or the lease has less than 50 years left
• Ask you to pay the fee (if complete)
• Assess the UTAR and examine the units plan (they may ask for more information)
• Prepare Forms 4 and 5 (lease covenants)
• If the Crown lease has development agreements, CED will email the lessee a link to a form.
  • Send the completed form to CEDLeasingUP@act.gov.au
  • A certificate of compliance is required for the unit title application

The territory planning authority (TPA) may approve the application if it meets Section 20 of the Unit Titles Act 2001.
If approved:

• The TPA sends the units plan to the lessee to sign
• The lessee returns it to the TPA for endorsement (see Section 27)
• The applicant is told the plan is ready to register at the Land Titles Office

Reforms

You can lodge the unit title application without these items at first:

• The most recent certificate of occupancy and use (for each unit and any structures on common property)
• A Public Unleased Land Act 2013 works approval (if required)

If you don’t lodge them with the application, you must provide them later as further information before approval can be granted.

For any enquiries, email CEDLeasingUP@act.gov.au

Building Management Statement (BMS)

A BMS is needed for all new multi-lease buildings that have at least one Units Plan. It explains shared building services. See Part 11A of the Land Titles Act 1925.

You can lodge a BMS using the Building Management Statement form.

Step 5: Register at the Land Titles Office

City and Environment Directorate (CED) checks the application against the Land Titles Act 1925. If approved, CED sends the documents to the Land Titles Office for registration.

The applicant must arrange payment with the Land Titles Office.

Before lodgement, the Units Plan must have a certificate from the Commissioner for Revenue that confirms:

• No unpaid rates (Rates Act 2004) for the financial year
• No unpaid land tax (Land Tax Act 2004) for the quarter when the plan will be registered.
• See Certificate of rates, land tax and other charges for information on how to get a certificate

After registration:

• A title is created for each unit, in the lessee’s name
• Units can then be transferred using form 052‑T‑Transfer [PDF 216.7 KB]
• For more details on the Land Titles process, see Land titles lodgements - Access Canberra for forms, fees and guidance