Unit title is a type of property ownership where home owners own a defined part of a building such as an apartment, generally known as a unit. They also have shared ownership, as tenants in common, of common areas such as lifts, lobbies or driveways. These areas are known as common property. Each unit may also have additional land or building called unit subsidiaries, such as car spaces and balconies.

Such developments are usually apartment blocks, townhouses, office blocks and industrial or retail complexes.

The unit owners in a development make up an owners’ corporation. The corporation is responsible for managing financial and administrative matters relating to the common property and to the building.

A lease for the common property is granted to the owners’ corporation.

What types of units are there?

There are two types of units in the ACT—Class A or Class B.

Class A—usually apartments and the boundary of the unit is defined by floors, walls and ceilings of the unit. 

Class B—usually units that have a ‘footprint’ on the ground - such as a townhouse - and the boundary is defined by a surveyed line around the land the unit sits on.

Applications can only be submitted for either Class A or Class B.

How many units can I build?

The lease for the land determines the maximum number of residential units. For commercial developments, the lease defines the allowable gross floor area. 

In September 2009, changes to the Unit Titles Act 2001 came into effect which restricted unit titling of some two unit developments. The amendments mean that two unit developments are only permitted to be unit titled where one unit is wholly or partly superimposed on the other unit. Three or more unit developments are not affected.

Can development be staged?

Yes. Any development of four or more units may be built in stages. This enables the developer to sell some completed units while others are under construction. Anyone interested in staging a development should discuss their proposal with ACTPLA before starting work.

How to apply to unit title?

Changes to unit title applications

Changes have been made to legislation that partially privatise the unit title application process. More

Related links

• Retaining walls not allowed to encroach on front boundaries
• Unit title application form
• Unit title assessment report cover page
• Guide to the unit title application process
• Encroachments and Unit Title assessment reports
• Codes of practice
• Unit title fact sheet
• Unit titling and dual occupanices
• Department of Justice and Community Safety website