Queensland Consolidated Acts

BUILDING UNITS AND GROUP TITLES ACT 1980 - SECT 22

22 Transfer or lease of part of common property

(1) A body corporate may, subject to the approval of the local government—

(a) pursuant to a unanimous resolution, execute a transfer of part of common property; or

(b) pursuant to a resolution without dissent, execute a lease of or rent part of common property;

other than common property the subject of a lease accepted or acquired by the body corporate under section 21 (1) .

(2) Subject to the approval of the local government and if not prevented by the terms of the lease a body corporate may, pursuant to a resolution without dissent, transfer a lease of common property accepted or acquired by it under section 21 (1) or grant, by way of sublease, a lease of its estate or interest in common property the subject of a lease so accepted or acquired.

(3) A body corporate may, pursuant to a resolution without dissent, accept the surrender of a lease, or, if otherwise empowered so to do, re-enter under a lease granted under subsection (1) or (2) or referred to in section 5 (6) .

(4) Subject to subsection (7) , the provisions of this Act relating to resubdivision 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 transfers and to leases of part of common property.

(5) A transfer or lease of part of the common property shall be with such modifications as may be necessary in conformity with the provisions of the Local Government (Planning and Environment) Act 1990 .

Editor’s note—

Local Government (Planning and Environment) Act 1990 —see the Acts Interpretation Act 1954 , section 14H and the Integrated Planning Act 1997 .

(6) The body corporate, if it is satisfied that all persons having registered interests in the parcel and all other persons having interests (other than statutory interests) which have been notified to the body corporate have—

(a) in the case either of a memorandum of transfer or lease—consented in writing to the release of those interests in respect of the land comprised in the proposed transfer; or

(b) in the case of a lease—approved in writing of the execution of the proposed lease;

shall execute the appropriate memorandum of transfer or lease and the memorandum of transfer or lease shall be valid and effective without execution by any person having an interest in the common property and the receipt of the body corporate for the purchase money, rent, premiums or other moneys payable to the body corporate under the terms of the memorandum of transfer or lease shall be a sufficient discharge, and shall exonerate the persons taking under the memorandum of transfer or the lessee, as the case may be, from any responsibility for the application of the moneys expressed to have been so received.

(7) The local government shall not give its approval to a transfer, lease, sublease or transfer of a lease of part of the common property unless it is satisfied—

(a) that the proposed transfer, lease, sublease or transfer of lease will not interfere with the existing or likely future amenity of the neighbourhood, having regard to the circumstances of the case and the public interest; and

(b) that if the application for approval were an application to the local government for a certificate for the purposes of section 9 (7) in respect of the subdivision of the parcel as illustrated in the plan (excluding the part the subject of the proposed transfer, lease, sublease or transfer of lease) it would be proper for the local government to direct the issue of the certificate; and

(c) that the easements, services and rights referred to in sections 15 to 18 and presently enjoyed or exercised, or capable of being enjoyed or exercised, will not be, or be likely to be, unduly interfered with by the proposed transfer, lease, sublease or transfer of lease or that suitable alternative arrangements approved by the local government have been agreed upon by the parties in relation thereto.

(8) Every—

(a) memorandum of transfer or lease executed pursuant to subsection (1) ; and

(b) transfer of lease or sublease executed, or surrender of lease accepted pursuant to subsection (2) or (3) ;

lodged for registration with the land registry shall be endorsed with or accompanied by a certificate under the seal of the body corporate that the resolution was duly passed, that the memorandum of, transfer, lease, sublease, transfer of lease or surrender of lease conforms with the terms thereof and that all necessary consents were given.

(9) In favour of purchasers or lessees of part of the common property and in favour of the registrar of titles the certificate shall be conclusive evidence of the matters certified therein.

(10) Upon lodgement for registration of a memorandum of transfer of part of the common property and any plan of subdivision under the Land Title Act 1994 necessary therefor, the registrar of titles shall, before issuing a certificate of title, amend the registered plan by deleting therefrom the part of common property comprised in the memorandum of transfer.

(11) The registrar of titles shall register the memorandum of transfer, the lease pursuant to subsection (1) , the surrender of that lease, the transfer of lease, sublease or, as the case may be, surrender of sublease by recording particulars thereof in the register in accordance with the provisions of the Land Title Act 1994 .

(12) Notwithstanding the provisions of this section a body corporate shall not grant a lease of common property where the access to or egress from the parcel by any proprietor is interfered with.