Unit Titles Act 2010

30 Alteration of proposed unit development plan

  • (1) This section applies to any alteration to a proposed unit development plan other than one—

    (2) The body corporate may, by special resolution, agree to make an application to deposit a substituted proposed unit development plan.

    (3) The body corporate must apply to the Registrar for the deposit of a new proposed unit development plan in substitution for the existing proposed unit development plan.

    (4) Sections 212 to 216 (which provide for an objection process) apply to a resolution under this section.

    (5) Before making the application to deposit the new plan, the body corporate must (in addition to complying with section 213(1))—

    • (a) serve a copy of the draft application on—

      • (i) every unit owner; and

      • (ii) every other person who has a registered interest in any unit or a caveat or notice of claim entered on the register over any unit; and

    • (b) if the existing unit plan relates to a stratum estate in leasehold or licence, obtain the written consent of the lessor or licensor to the redevelopment.

    (6) The new proposed unit development plan must—

    • (a) specify all the units and the whole of the common property proposed to comprise the unit title development; and

    • (b) in addition, show, to the satisfaction of the Registrar, the modifications to the unit plan being replaced.

    (7) In addition to the provisions referred to in section 31(2)(a), sections 32(2)(a) and (b), and 35 to 37 apply in respect of a substituted proposed unit development plan.

    (8) In addition to the matters required to be included in the certificate referred to in section 216, the body corporate must also certify that any consent under subsection (5)(b) has been given.