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A community titles scheme is a type of freehold land.  An apartment is a freehold lot. In fact, a community titles scheme may only be created over freehold land (Land Title Act Section 115A).

Each community titles scheme requires a name. A name may be reserved (Body Corporate and Community Management Act Section 23) for an initial period of two years with the Registrar of Titles and may be extended only once for an additional one year period. The Registrar may refuse to register the name if (Land Title Act Section 115E, 115F & 115G) –

  • It is already the name of another community titles scheme
  • The name is already reserved
  • The name is undesirable in the opinion of the Registrar

The community titles scheme comes into existence when the Registrar of Titles registers both a new plan that identifies scheme land and a first community management statement (Body Corporate and Community Management Act Section 24).

Consideration to the various options of titling structures early during the Development Consulting decision making process can often ensure positive titling structure outcomes especially for mixed use, integrated and staged or large masterplanned schemes/sites.

 

 

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Last edited by Claire Panos - Stewart Silver King and Burns
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