Attachments permitted to encroach on public unleased land
The Unit Titles Regulation 2001 (Regulation) has been amended by expanding the types of attachments permitted to encroach on public unleased land when considering an application to unit title a building.
The definition of an “attachment” in the Unit Titles Act 2001 Dictionary in relation to a building means: an eave, gutter, downpipe, an awning or anything else attached to the building prescribed by regulation. Until now, no other types of attachments have been prescribed. This narrow definition, limited the Environment and Planning Directorate when considering encroachments in relation to unit title applications, it also meant that a Lessee had to either remove certain attachments if they encroached onto public unleased land or alternatively, apply to purchase the unleased Territory land and/or air space for the encroachment.
The changes to the Regulation now permit many different types of attachments to encroach. For example, advertising signs, lighting and art works are acceptable.
Broadening the definition of attachment will save applicants and the ACT Government unnecessary red tape and expense.
The Regulation has been amended to include: fixtures and fittings; architectural embellishments; artworks and signs as attachments.
Please note an attachment at ground floor level, a balcony or the gross floor area of the building cannot be approved as an attachment.
The Unit Titles Regulation 2001 is available on the ACT Legislation Register.