Unit Titles Act 1972

2 Interpretation

• In this Act, unless the context otherwise requires,—

  Accessory unit means a unit that is designed for use with any principal unit (whether as a garden, garage, car parking space, storage space, swimming pool, laundry, stairway, passage, or other like purpose) and that is shown on a unit plan as an accessory unit

  Body corporate, in relation to the units and common property shown on a unit plan and to the proprietor or proprietors of those units, means the body corporate that comprises the said proprietor or proprietors in accordance with section 12 of this Act

  Committee, in relation to any body corporate, means—

  • (a) Its committee constituted under its rules; or

  • (b) In the case of a body corporate which does not have a committee, the proprietor or proprietors who comprise the body corporate:

  Common property means common property within the meaning of paragraph (b) of subsection (1) of section 3 of this Act

  Court means the High Court

  Court: the words “High Court” were substituted for the words “Supreme Court” pursuant to section 12 Judicature Amendment Act 1979 (1979 No 124), as from 1 April 1980.

  Land means land within the meaning of the Land Transfer Act 1952

  Principal unit means a unit that is designed for use (whether in conjunction with any accessory unit or not) as a place of residence or business or otherwise, and that is shown on a unit plan as a principal unit

  Principal unit: this definition was amended, as from 2 November 1979, by section 10(1) Unit Titles Amendment Act 1979 (1979 No 37) by inserting the words “or otherwise”.

  Proprietor, in relation to any unit, means the person or persons for the time being registered as proprietor of the stratum estate in the unit

  Provided that in sections 26, 32, 33, and 34, and subsections (11) and (12) of section 37, of this Act, in any case where a person is in actual occupation of a unit under a binding agreement for sale and purchase, unless the context otherwise requires, the term proprietor means that person:

  Redevelopment means—

  • (a) The subdivision by sale, transfer, or partition into 2 or more new units (whether or not any new unit is on the same level as any other new unit) of—

    • (i) A unit or units shown on a deposited unit plan; or

    • (ii) A unit or units shown on a deposited unit plan and the whole or part of any stratum or strata formerly forming part of the common property shown on the deposited unit plan; or

  • (b) The enlargement of a unit shown on a deposited unit plan by the inclusion therein of any stratum which immediately touches upon that unit and was formerly part of the common property or part of another unit shown on the plan; or

  • (c) The erection of one or more new units on the common property:

  Registrar, in relation to any land, means the District Land Registrar appointed for the purposes of the Land Transfer Act 1952 for the land registration district in which the land is situated

  Rules, in relation to any body corporate, means the rules applicable to that body corporate prescribed by or under section 37 of this Act

  Stratum estate means a stratum estate within the meaning of subsection (2) of section 4 of this Act

  Supplementary record sheet, in relation to any unit plan and body corporate, means the supplementary record sheet set up and filed by the Registrar under section 20 of this Act in relation to that unit plan and body corporate

  To register means to register under the Land Transfer Act 1952

  Unanimous resolution, in relation to a body corporate, means—

  • (a) A resolution which is passed unanimously at a general meeting of the body corporate at which every proprietor is present and votes either in person or by proxy; or

  • (b) A resolution which is passed unanimously at a general meeting of the body corporate by every proprietor who is present and votes either in person or by proxy, and agreed to within 28 days after the date of the meeting by every other proprietor who was entitled to be present and vote at the meeting, or by his successor in title if he has ceased to be a proprietor after the meeting; or

  • (c) While there is only one proprietor, a decision of that proprietor:

  Unit, in relation to any land, means a part of the land consisting of a space of any shape situated below, on, or above the surface of the land, or partly in one such situation and partly in another or others, all the dimensions of which are limited, and that is designed for separate ownership

  Unit: this definition was substituted, as from 2 November 1979, by section 10(2) Unit Titles Amendment Act 1979 (1979 No 37).

  Unit entitlement, in relation to any unit, means the unit entitlement assigned to that unit under section 6(1) or section 44 of this Act

  Unit plan means a plan that has been or is intended to be deposited under section 4 of this Act.