New South Wales Consolidated Acts

DUTIES ACT 1997 - SECT 104A

104A Meaning of "residential land"

(1) In this Division,
"residential land" means--

(a) a parcel of land on which there is--

(i) one single dwelling or one flat, or

(ii) one single dwelling, or one flat, and a shop, or

(iii) a building under construction that, when completed, will constitute one single dwelling or one flat (or one single dwelling, or one flat, and a shop), or

(b) a strata lot, if it is lawfully occupied as a separate dwelling, or suitable for lawful occupation as a separate dwelling, or

(c) a land use entitlement, if it entitles the holder of the land use entitlement to occupy a building, or part of a building, as a separate dwelling, or

(d) a parcel of vacant land that is zoned or otherwise designated for use under an environmental planning instrument (within the meaning of the Environmental Planning and Assessment Act 1979 ) for residential or principally residential purposes.

(2) Land does not cease to be regarded as land on which there is one single dwelling, or one flat, merely because the land is also used or is capable of being used for the purpose of one other residential occupancy, if that residential occupancy is an excluded residential occupancy.

(3) In this section--

"excluded residential occupancy" means--

(a) one room or one flat, or

(b) one room and one flat, or

(c) one suite of rooms (not being a flat), each room of which all occupants of the suite are entitled to occupy, or

(d) one suite of rooms (not being a flat), each room of which all occupants of the suite are entitled to occupy, and one room, or

(e) 2 rooms, each of which is separately occupied.

"flat" means a room or suite of rooms (whether or not forming part of a building or a detached building)--

(a) occupied or used as a separate dwelling, or

(b) so constructed, designed or adapted as to be capable of being occupied or used as a separate dwelling,

but does not include a single dwelling, a strata lot or a dwelling, or portion of a building, that is occupied under a land use entitlement.

"single dwelling" means a house--

(a) occupied or used as a separate dwelling, or

(b) so constructed, designed or adapted as to be capable of being occupied or used as a separate dwelling,

but does not include a strata lot or a property commonly known as a shop and dwelling.