Unit Titles Act 2010

21 Deposit of plan effects subdivision of principal unit
  • (1) The subdivision of a principal unit to create a subsidiary unit title development is effected by the deposit under the Land Transfer Act 1952 of a unit plan—

    • (a) identifying the principal unit to be subdivided; and

    • (b) specifying the principal units, accessory units (if any), and common property making up the subsidiary unit title development in their relation to the building or buildings (if any) already erected on the principal unit to be subdivided; and

    • (c) showing the relationship of the proposed subsidiary unit title development to each unit title development in a layered unit title development of which it would, after the subdivision, be a part.

    (2) The application to deposit the plan must be made by the owner of the principal unit to be subdivided and be—

    • (a) in the prescribed form (if any); and

    • (b) accompanied by a copy of the resolution required by section 20(4).

    (3) Despite section 216, in relation to an application under subsection (2), the certificate required by section 216 must be lodged with the Registrar by the person making the application to deposit the plan.