Queensland Consolidated Acts

BUILDING UNITS AND GROUP TITLES ACT 1980 - SECT 10

10 Resubdivision

(1) Lots or common property or lots and common property may be resubdivided, with the approval of the local government, by the registration of a plan relating to the lots or common property or lots and common property so resubdivided in the manner provided by this Act for the registration of plans.

(1A) However, lots or common property or lots and common property contained in a group titles plan may only be resubdivided by a group titles plan of resubdivision.

(1B) In addition, where a resubdivision affects common property or creates additional common property the approval of the body corporate by resolution without dissent is required.

(2) The provisions of this Act relating to plans and to appeals from any decision of a local government or failure of a local government to make a decision shall with such modifications as may be necessary apply to resubdivision.

(3) Notwithstanding the provisions of section 27 proprietors of lots in a building units plan of resubdivision or group titles plan of resubdivision shall not be a body corporate, but shall, upon the date of registration of such plan of resubdivision be members of the body corporate constituted in respect of the original plan.

(4) On registration of a building units plan of resubdivision or group titles plan of resubdivision, lots comprised therein shall be subject to the burden and have the benefit of any easements, service rights and service obligations affecting such lots in the original plan as are included in the plan of resubdivision.

(5) Where the resubdivision is of 1 or more lots so as to create only 2 or more different lots the schedule endorsed on the building units plan of resubdivision or group titles plan of resubdivision as required by section 19 shall apportion among the lots the lot entitlement of such lot or lots in the original plan as are included in the plan of resubdivision and the registrar when registering that plan shall amend the schedule to the original plan to show the lot entitlement of each lot and each proposed lot and the aggregate lot entitlement as whole numbers.

(6) Where the resubdivision affects common property or creates additional common property the schedule endorsed on the building units plan of resubdivision or group titles plan of resubdivision as required by section 19 shall—

(a) show as a whole number, in respect of—

(i) each lot comprised in the parcel other than any lot or lots the subject of the proposed resubdivision; and

(ii) each proposed lot;

the proposed lot entitlement of that lot or proposed lot and show the proposed aggregate lot entitlement; and

(b) be accompanied by a certificate under the seal of the body corporate concerned certifying that it has by resolution without dissent agreed to each proposed lot entitlement and the proposed aggregate lot entitlement shown in that schedule.

(7) A resubdivision that creates additional common property shall not be registered unless every mortgage, current lease, caveat or other interest recorded on the certificate of title in respect of each lot from which the additional common property or part thereof is derived has been discharged, surrendered, withdrawn or otherwise disposed of in so far as it affects that additional common property or part thereof.

(8) When registering a building units plan of resubdivision or group titles plan of resubdivision the registrar of titles shall amend the original plan in the manner prescribed.

(9) Upon registration of a building units plan of resubdivision or group titles plan of resubdivision land therein shall not be dealt with by reference to lots in the original plan.