The Unit Titles Act 2001 has been reviewed. This legislation affects owners, tenants, owners corporations and managing agents of townhouses, shops, offices, dual occupancies and multi-storey residential apartments. The Guide to the Unit Titles Act 2001 (PDF - 376 KB) explains the current Act.

Consultation

Public meetings were held in August 2006 to help to inform the development of an issues paper. The issues paper (PDF 357 KB) was available to comment during November 2006. An online survey was also run over several months during these consultation activities.

Following this, legislation was drafted. The Unit Title Amendment Bill 2008 (PDF 147KB) was issued for comment during May and June 2008.

The amendments propose to introduce processes for the resolution of disputes between parties, introduce processes to regulate owner’s corporation managers and address a range of consumer protection issues.

Minor lease encroachments

The Unit Titles Act Amendment Bill 2007 has been tabled in the Assembly. It proposes to allow for the registration of units plans which have minor lease encroachments.  The encroachments are usually things like eaves, guttering, and awnings that extend over an adjoining road or public place.

The process for registration of units plans would be speedier under the changes because it is simpler and that will assist in delivering better planning outcomes.

There are an increasing number of older units plans previously registered with minor encroachments that are now subject to redevelopment requiring the registration of a new units plan. Under the current legislation, the new units plan cannot show any encroachments otherwise it cannot be approved by the ACT Planning and Land Authority or registered by the Registrar-General, unless the encroachment is removed. Such an action, in most cases, is not practical.

The new process would include the requirement to show all encroachments on the surveyor’s certificate, a provision for ACTPLA to provide approval for minor encroachments, and a requirement that the Registrar-General not register a units plan unless any minor encroachment has been approved by the Authority.