• A unit title is a type of property ownership where you own a defined part of a building.
  • An owners corporation is made up of the unit owners who manage finances and administration relating to the common property and building.

Unit titles

A unit title is a type of property ownership where you own a defined part of a Units Plan . An example is owning an apartment or unit.

There are 2 types of units in the ACT. Unit plans can only be for one of these types of units:

  • Class A: the boundary of the unit is defined by floors, walls and ceilings of the unit. An example is a single unit within an apartment complex.
  • Class B: units that have a ‘footprint’ on the ground. An example is a townhouse, where the boundary is defined by a surveyed line around the land.

Management of unit titles is governed by:

  • Unit Titles Act 2001 administered by the Environment, Planning and Sustainable Development Directorate (EPSDD). They provide the subdivision of the land by a Units Plan under the Act.
  • Unit Titles (Management Act) 2011 administered by the Justice and Community Safety Directorate who manage unit plans. The Act also outlines obligations of owners and occupants  and  the owners corporation.

Number of units you can build

If you're building units under a unit title, you need:

  • a minimum of 2 units
  • an area for common property.

The lease for the land will tell you how many residential units you can build. If you're building a commercial development, the lease may tell you the gross floor area allowed.

Owners corporation

An owners’ corporation is made up of the unit owners in a development. They manage finances and administration relating to the common property and building.

A lease for the common property is granted to the owners corporation. Common property is the shared areas in the development, like:

  • lifts
  • lobbies
  • driveways.

Each unit may also have extra land or buildings called unit subsidiaries. This includes:

  • car spaces
  • balconies.

Building Management Statement

Multi-lease buildings are subdivided to include multiple crown leases and one or more units plan. These buildings might have common facilities and infrastructure.

Units plan applications for multi-lease buildings need to include an approved or proposed Building Management Statement (BMS).

A BMS is a registered document that assists with managing multi-lease buildings. The BMS helps all lease owners to work together to manage and maintain the building.

The BMS is a binding agreement that applies to:

  • owners corporation
  • mortgagees in possession
  • lessees and sublessees.

The Registrar-General of the Land Titles Office may register a BMS if there is more than one crown lease for a building. The BMS explains the management of the building and common facilities by the lessees under each crown lease or units plan.

To apply for a BMS, you can complete the Building Management Statement form.

Apply for a unit title

If you'd like to apply for a unit title, you can:

Community title

A community title involves 2 or more separately owned lots that share a communal space. The owners will usually use a body corporate to manage the space.

A community title must be registered. It needs to include each lot involved in the scheme. When you register for a community title, a body corporate is also formed. They will be responsible for maintaining common property under the community title.

The land in a community title scheme must be in a single area, not divided. The only things that can divide the land include:

  • a road
  • body of water (other than a lake, Lakes Act 1976)
  • an area defined in the relevant regulations.

Examples of community title schemes include:

  • an apartment building with each apartment owned separately. There is common property such as a swimming pool or gym.
  • a group of townhouses each owned separately. There is a common space such as a park, swimming pool, or BBQ area.

Community title schemes are administered under the Community Title Act 2001.

Community titles and development

You can develop in stages under a community title. This includes land that is partially and fully developed.

You can add or remove lots from a community title if you have approval. At least 3 leases need to remain in the area. One of these needs to be common property.

It's also possible to have two or more community titles combined. You'll need approval from EPSDD.

Sometimes you might want to sell completed units while others are under construction. Development of 4 or more units can be built in stages. If you're looking at staged development, you'll need to discuss your proposal with the EPSDD before starting work.

Get approval for a community title

If you'd like to apply for community title approval you'll need to complete the:

  • community title application form
  • community title checklist.

Your application will need to include:

  • a master plan for developing the land
  • a management statement
  • body corporate constituent documents
  • bylaws of the body corporate and
  • details of the stages and sequence if it's staged development.

If you're not the Crown lessee of each lot in the community title scheme you're applying for, the application will need to be signed by each lessee.

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