South Australian Current Acts

COMMUNITY TITLES ACT 1996 - SECT 13

13—Staged development and development contracts

        (1)         If the scheme description indicates that the community parcel is to be (or is likely to be) divided in stages—

            (a)         the land to be divided in a subsequent stage must be shown on the community plan as a development lot; and

            (b)         the developer must execute a development contract requiring him or her to apply for division of that land at a later date in accordance with the scheme description. ¹

        (2)         If the scheme description indicates that the developer is to (or is likely to) erect buildings or other improvements on a development lot or the common property, the developer must execute a development contract requiring the developer to erect the buildings or make the improvements in accordance with the scheme description.

        (3)         If the scheme description indicates that a community lot is to be (or is likely to be) divided or otherwise developed in a particular manner or for a particular purpose, the developer must execute a development contract requiring the developer to divide or develop the lot in that manner or for that purpose.

        (4)         Successive owners of the community lot are bound by the contract referred to in subsection (3).

Explanatory Note—

1         A developer can be required by a development contract to divide a primary, secondary or tertiary parcel in stages. A part of the parcel (a development lot) is set aside for this purpose. A developer can also be required by a development contract to divide a primary lot by a secondary plan or a secondary lot by a tertiary plan (see subsection (3)). Although this division occurs after the division of the primary or secondary parcel it is not referred to in this Act as staged division.