On 15 May 2014 the ACT Legislative Assembly passed legislation to amend the Unit Titles Act 2001.
Section 17 of the Unit Titles Act 2001 has been amended to remove the requirement to superimpose dual occupancy developments.
Why was the legislation changed?
The super-imposing requirement on the building design had the practice effect of ensuring that the original and succeeding building owners were fully aware of the existence of the Units Plan applying to the buildings. This feature is considered to be of little benefit given the Units Plan is lodged with the registrar-general for registration under the Land Titles (Unit Titles) Act 1970.
The super-imposing requirement also resulted in a significant decline in dual occupancy development in the ACT with consequences for housing affordability, ageing in place and lost opportunities for smaller builders.
Unit title is only available in areas where it is presently permitted by the Territory Plan.