Subdivision of common property only

  • The new lots will include land that was formerly common property.
  • The administration sheets must contain the following certificates from the owners corporation:
    • Approved Form 10 certifying that the initial period has expired (unless the certificate of title for the common property contains a notification this has been lodged previously) or certifying the original proprietor still owns all of the lots.
    • Approved Form 11 certifying that it passed a special resolution agreeing with the new schedule of unit entitlement.
    • Approved Form 12 certifying that it passed a special resolution consenting to the subdivision.
  • The legislation does not permit the owners’ corporation to own land other than common property. A Transfer must be lodged and in registrable form before the plan can be registered. 
  • The Transfer must be from the owners’ corporation to another party. The Transfer must be accompanied by a certificate in Approved Form 13 certifying that the owners corporation passed a special resolution authorising the execution of the Transfer.

More information

See our Land dealing information on Transfer requirements