Body Corporate and Community Management (Body Corporate Certificates) and Other Legislation Amendment Regulation 2024

1Short title

This regulation may be cited as the Body Corporate and Community Management (Body Corporate Certificates) and Other Legislation Amendment Regulation 2024.

2Commencement

This regulation commences on 1 August 2025.

3Regulation amended

This part amends the Body Corporate and Community Management (Accommodation Module) Regulation 2020.

4Amendment of s 222 (Fee for information given to interested persons—Act, s 205 [SM, s 233])

(1)Section 222(2) and (3)—
omit.

(2)Section 222(4), ‘Subsection (5)’—
omit, insert—

Subsection (3)

(3)Section 222(4) and (5)—
renumber as section 222(2) and (3).

5Insertion of new s 222AA

After section 222A—
insert—

222AA Matters that must be included in approved form for body corporate certificate—Act, s 205AAA [SM, s 233A]

(1)For section 205AAA(a) of the Act, the following matters are prescribed—

(a)details of the lot and plan of subdivision, including—

(i)whether the lot is included in—

(A)a standard format plan of subdivision; or

(B)a building format plan of subdivision; or

(C)a volumetric plan of subdivision; and

(ii)the lot number and plan number;

(b)details of the scheme, including—

(i)the name of the scheme; and

(ii)the regulation module applying to the scheme; and

(iii)the name and contact details of each person who is responsible for keeping body corporate records; and

(iv)the name and contact details of any body corporate manager for the scheme; and

(v)the unique identifying number allocated for the scheme under the Land Title Act 1994, section 115E(2);

(c)annual contributions fixed by the body corporate as payable by the owner of the lot;

(d)special contributions fixed by the body corporate as payable by the owner of the lot;

(e)discounts that apply to the payment of contributions;

(f)penalties that apply to the payment of contributions;

(g)other amounts associated with ownership of the lot that are payable to the body corporate;

(h)the interest schedule lot entitlement for the lot;

(i)the contribution schedule lot entitlement for the lot;

(j)any of the following amounts owed to the body corporate by the owner of the lot—

(i)a contribution or an instalment of a contribution;

(ii)a penalty for not paying a contribution or an instalment of a contribution by the date for payment;

(iii)another amount associated with ownership of the lot;

(k)the body corporate’s sinking fund balance;

(l)the insurance held by the body corporate;

(m)any engagement by the body corporate of a person as a caretaking service contractor for the scheme;

(n)any authorisation by the body corporate of a person to conduct a letting agent business for the scheme;

(o)whether a building management statement under the Land Title Act 1994 applies to the scheme in which the lot is included;

(p)improvements on common property that a person will become responsible for maintaining in good condition if the person becomes the owner of the lot;

(q)each body corporate asset that is required to be recorded on a register the body corporate keeps;

(r)any arrangement to supply electricity to owners of lots or occupiers of lots in the scheme through an embedded electricity network;

(s)whether the scheme is part of a layered arrangement of community titles schemes;

(t)the most recent statement of accounts prepared under section 165;

(u)if the scheme was established for an existing 1980 plan—

(i)if the most recent community management statement for the scheme as recorded under the Land Title Act 1994, section 115L or another Act is a standard statement that states that the by-laws as at 13 July 2000 apply—the by-laws in effect for the scheme; and

(ii)if the community management statement for the scheme does not include all exclusive use by-laws or other allocations of common property, including, for example, variations or transpositions of common property—the exclusive use by-laws or other allocations of common property in effect for the scheme that are not included in the statement.

(2)The approved form may include provision for the following documents to be given with the form—

(a)a document stating the details of each insurance policy held by the body corporate;

(b)a copy of the statement of accounts mentioned in subsection (1)(t);

(c)a document setting out the by-laws mentioned in subsection (1)(u)(i) in consolidated form;

(d)a document setting out the exclusive use by-laws, or other allocations of common property, mentioned in subsection (1)(u)(ii).

(3)In this section—

standard statement see section 339 of the Act.

6Amendment of s 222B (Fee for information given to interested person (layered arrangement)—Act s 205AAB [SM, s 233B])

Section 222B(2), ‘Section 222(5)’—
omit, insert—

Section 222(3)

7Regulation amended

This part amends the Body Corporate and Community Management (Commercial Module) Regulation 2020.

8Amendment of s 179 (Fee for information given to interested persons—Act, s 205 [SM, s 233])

(1)Section 179(2) and (3)—
omit.

(2)Section 179(4), ‘Subsection (5)’—
omit, insert—

Subsection (3)

(3)Section 179(4) and (5)—
renumber as section 179(2) and (3).

9Insertion of new s 179AA

After section 179A—
insert—

179AA Matters that must be included in approved form for body corporate certificate—Act, s 205AAA [SM, s 233A]

(1)For section 205AAA(a) of the Act, the following matters are prescribed—

(a)details of the lot and plan of subdivision, including—

(i)whether the lot is included in—

(A)a standard format plan of subdivision; or

(B)a building format plan of subdivision; or

(C)a volumetric plan of subdivision; and

(ii)the lot number and plan number;

(b)details of the scheme, including—

(i)the name of the scheme; and

(ii)the regulation module applying to the scheme; and

(iii)the name and contact details of each person who is responsible for keeping body corporate records; and

(iv)the name and contact details of any body corporate manager for the scheme; and

(v)the unique identifying number allocated for the scheme under the Land Title Act 1994, section 115E(2);

(c)annual contributions fixed by the body corporate as payable by the owner of the lot;

(d)special contributions fixed by the body corporate as payable by the owner of the lot;

(e)discounts that apply to the payment of contributions;

(f)penalties that apply to the payment of contributions;

(g)other amounts associated with ownership of the lot that are payable to the body corporate;

(h)the interest schedule lot entitlement for the lot;

(i)the contribution schedule lot entitlement for the lot;

(j)any of the following amounts owed to the body corporate by the owner of the lot—

(i)a contribution or an instalment of a contribution;

(ii)a penalty for not paying a contribution or an instalment of a contribution by the date for payment;

(iii)another amount associated with ownership of the lot;

(k)the body corporate’s sinking fund balance;

(l)the insurance held by the body corporate;

(m)any engagement by the body corporate of a person as a caretaking service contractor for the scheme;

(n)any authorisation by the body corporate of a person to conduct a letting agent business for the scheme;

(o)whether a building management statement under the Land Title Act 1994 applies to the scheme in which the lot is included;

(p)improvements on common property that a person will become responsible for maintaining in good condition if the person becomes the owner of the lot;

(q)each body corporate asset that is required to be recorded on a register the body corporate keeps;

(r)any arrangement to supply electricity to owners of lots or occupiers of lots in the scheme through an embedded electricity network;

(s)whether the scheme is part of a layered arrangement of community titles schemes;

(t)the most recent statement of accounts prepared under section 122;

(u)if the scheme was established for an existing 1980 plan—

(i)if the most recent community management statement for the scheme as recorded under the Land Title Act 1994, section 115L or another Act is a standard statement that states that the by-laws as at 13 July 2000 apply—the by-laws in effect for the scheme; and

(ii)if the community management statement for the scheme does not include all exclusive use by-laws or other allocations of common property, including, for example, variations or transpositions of common property—the exclusive use by-laws or other allocations of common property in effect for the scheme that are not included in the statement.

(2)The approved form may include provision for the following documents to be given with the form—

(a)a document stating the details of each insurance policy held by the body corporate;

(b)a copy of the statement of accounts mentioned in subsection (1)(t);

(c)a document setting out the by-laws mentioned in subsection (1)(u)(i) in consolidated form;

(d)a document setting out the exclusive use by-laws, or other allocations of common property, mentioned in subsection (1)(u)(ii).

(3)In this section—

standard statement see section 339 of the Act.

10Amendment of s 179B (Fee for information given to interested person (layered arrangement)—Act s 205AAB [SM, s 233B])

Section 179B(2), ‘Section 179(5)’—
omit, insert—

Section 179(3)

11Regulation amended

This part amends the Body Corporate and Community Management (Small Schemes Module) Regulation 2020.

12Amendment of s 148 (Fee for information given to interested persons—Act, s 205 [SM, s 233])

(1)Section 148(2) and (3)—
omit.

(2)Section 148(4), ‘Subsection (5)’—
omit, insert—

Subsection (3)

(3)Section 148(4) and (5)—
renumber as section 148(2) and (3).

13Insertion of new s 148AA

After section 148A—
insert—

148AA Matters that must be included in approved form for body corporate certificate—Act, s 205AAA [SM, s 233A]

(1)For section 205AAA(a) of the Act, the following matters are prescribed—

(a)details of the lot and plan of subdivision, including—

(i)whether the lot is included in—

(A)a standard format plan of subdivision; or

(B)a building format plan of subdivision; or

(C)a volumetric plan of subdivision; and

(ii)the lot number and plan number;

(b)details of the scheme, including—

(i)the name of the scheme; and

(ii)the regulation module applying to the scheme; and

(iii)the name and contact details of each person who is responsible for keeping body corporate records; and

(iv)the name and contact details of any body corporate manager for the scheme; and

(v)the unique identifying number allocated for the scheme under the Land Title Act 1994, section 115E(2);

(c)annual contributions fixed by the body corporate as payable by the owner of the lot;

(d)special contributions fixed by the body corporate as payable by the owner of the lot;

(e)discounts that apply to the payment of contributions;

(f)penalties that apply to the payment of contributions;

(g)other amounts associated with ownership of the lot that are payable to the body corporate;

(h)the interest schedule lot entitlement for the lot;

(i)the contribution schedule lot entitlement for the lot;

(j)any of the following amounts owed to the body corporate by the owner of the lot—

(i)a contribution or an instalment of a contribution;

(ii)a penalty for not paying a contribution or an instalment of a contribution by the date for payment;

(iii)another amount associated with ownership of the lot;

(k)the body corporate’s sinking fund balance;

(l)the insurance held by the body corporate;

(m)whether a building management statement under the Land Title Act 1994 applies to the scheme in which the lot is included;

(n)improvements on common property that a person will become responsible for maintaining in good condition if the person becomes the owner of the lot;

(o)each body corporate asset that is required to be recorded on a register the body corporate keeps;

(p)any arrangement to supply electricity to owners of lots or occupiers of lots in the scheme through an embedded electricity network;

(q)whether the scheme is part of a layered arrangement of community titles schemes;

(r)the most recent statement of accounts prepared under section 94;

(s)if the scheme was established for an existing 1980 plan—

(i)if the most recent community management statement for the scheme as recorded under the Land Title Act 1994, section 115L or another Act is a standard statement that states that the by-laws as at 13 July 2000 apply—the by-laws in effect for the scheme; and

(ii)if the community management statement for the scheme does not include all exclusive use by-laws or other allocations of common property, including, for example, variations or transpositions of common property—the exclusive use by-laws or other allocations of common property in effect for the scheme that are not included in the statement.

(2)The approved form may include provision for the following documents to be given with the form—

(a)a document stating the details of each insurance policy held by the body corporate;

(b)a copy of the statement of accounts mentioned in subsection (1)(r);

(c)a document setting out the by-laws mentioned in subsection (1)(s)(i) in consolidated form;

(d)a document setting out the exclusive use by-laws, or other allocations of common property, mentioned in subsection (1)(s)(ii).

(3)In this section—

standard statement see section 339 of the Act.

14Amendment of s 148B (Fee for information given to interested person (layered arrangement)—Act s 205AAB [SM, s 233B])

Section 148B(2), ‘Section 148(5)’—
omit, insert—

Section 148(3)

15Regulation amended

This part amends the Body Corporate and Community Management (Specified Two-lot Schemes Module) Regulation 2011.

16Amendment of s 73 (Fee for information given to interested persons—Act, s 205)

(1)Section 73(2) and (3)—
omit.

(2)Section 73(4), ‘Subsection (5)’—
omit, insert—

Subsection (3)

(3)Section 73(4) and (5)—
renumber as section 73(2) and (3).

17Insertion of new s 73AA

After section 73A—
insert—

73AA Matters that must be included in approved form for body corporate certificate—Act, s 205AAA

(1)For section 205AAA(a) of the Act, the following matters are prescribed—

(a)details of the lot and plan of subdivision, including—

(i)whether the lot is included in—

(A)a standard format plan of subdivision; or

(B)a building format plan of subdivision; or

(C)a volumetric plan of subdivision; and

(ii)the lot number and plan number;

(b)details of the scheme, including—

(i)the name of the scheme; and

(ii)the name and contact details of each person who is responsible for keeping body corporate records; and

(iii)the name and contact details of any body corporate manager for the scheme; and

(iv)the unique identifying number allocated for the scheme under the Land Title Act 1994, section 115E(2);

(c)contributions payable by the owner of the lot to an agreed body corporate expense;

(d)other amounts associated with ownership of the lot that are payable to the body corporate;

(e)the interest schedule lot entitlement for the lot;

(f)the contribution schedule lot entitlement for the lot;

(g)the insurance held by the body corporate;

(h)whether a building management statement under the Land Title Act 1994 applies to the scheme in which the lot is included;

(i)improvements on common property that a person will become responsible for maintaining in good condition if the person becomes the owner of the lot;

(j)any of the following amounts owed to the body corporate by the owner of the lot—

(i)a contribution to an agreed body corporate expense;

(ii)another amount associated with ownership of the lot;

(k)accounts kept with a financial institution by the body corporate;

(l)each body corporate asset with a value of more than $1,000;

(m)any arrangement to supply electricity to owners of lots or occupiers of lots in the scheme through an embedded electricity network;

(n)if the scheme was established for an existing 1980 plan and the community management statement for the scheme does not include all exclusive use by-laws or other allocations of common property, including, for example, variations or transpositions of common property—the exclusive use by-laws or other allocations of common property in effect for the scheme that are not included in the statement.

(2)The approved form may include provision for the following documents to be given with the form—

(a)a document stating the details of each insurance policy held by the body corporate;

(b)a document setting out the exclusive use by-laws, or other allocations of common property, mentioned in subsection (1)(n).

18Omission of s 74 (Information to be given by seller to buyer—Act, s 206)

Section 74—
omit.

19Regulation amended

This part amends the Body Corporate and Community Management (Standard Module) Regulation 2020.

20Amendment of s 233 (Fee for information given to interested persons—Act, s 205)

(1)Section 233(2) and (3)—
omit.

(2)Section 233(4), ‘Subsection (5)’—
omit, insert—

Subsection (3)

(3)Section 233(4) and (5)—
renumber as section 233(2) and (3).

21Insertion of new s 233AA

After section 233A—
insert—

233AA Matters that must be included in approved form for body corporate certificate—Act, s 205AAA

(1)For section 205AAA(a) of the Act, the following matters are prescribed—

(a)details of the lot and plan of subdivision, including—

(i)whether the lot is included in—

(A)a standard format plan of subdivision; or

(B)a building format plan of subdivision; or

(C)a volumetric plan of subdivision; and

(ii)the lot number and plan number;

(b)details of the scheme, including—

(i)the name of the scheme; and

(ii)the regulation module applying to the scheme; and

(iii)the name and contact details of each person who is responsible for keeping body corporate records; and

(iv)the name and contact details of any body corporate manager for the scheme; and

(v)the unique identifying number allocated for the scheme under the Land Title Act 1994, section 115E(2);

(c)annual contributions fixed by the body corporate as payable by the owner of the lot;

(d)special contributions fixed by the body corporate as payable by the owner of the lot;

(e)discounts that apply to the payment of contributions;

(f)penalties that apply to the payment of contributions;

(g)other amounts associated with ownership of the lot that are payable to the body corporate;

(h)the interest schedule lot entitlement for the lot;

(i)the contribution schedule lot entitlement for the lot;

(j)any of the following amounts owed to the body corporate by the owner of the lot—

(i)a contribution or an instalment of a contribution;

(ii)a penalty for not paying a contribution or an instalment of a contribution by the date for payment;

(iii)another amount associated with ownership of the lot;

(k)the body corporate’s sinking fund balance;

(l)the insurance held by the body corporate;

(m)any engagement by the body corporate of a person as a caretaking service contractor for the scheme;

(n)any authorisation by the body corporate of a person to conduct a letting agent business for the scheme;

(o)whether a building management statement under the Land Title Act 1994 applies to the scheme in which the lot is included;

(p)improvements on common property that a person will become responsible for maintaining in good condition if the person becomes the owner of the lot;

(q)each body corporate asset that is required to be recorded on a register the body corporate keeps;

(r)any arrangement to supply electricity to owners of lots or occupiers of lots in the scheme through an embedded electricity network;

(s)whether the scheme is part of a layered arrangement of community titles schemes;

(t)the most recent statement of accounts prepared under section 175;

(u)if the scheme was established for an existing 1980 plan—

(i)if the most recent community management statement for the scheme as recorded under the Land Title Act 1994, section 115L or another Act is a standard statement that states that the by-laws as at 13 July 2000 apply—the by-laws in effect for the scheme; and

(ii)if the community management statement for the scheme does not include all exclusive use by-laws or other allocations of common property, including, for example, variations or transpositions of common property—the exclusive use by-laws or other allocations of common property in effect for the scheme that are not included in the statement.

(2)The approved form may include provision for the following documents to be given with the form—

(a)a document stating the details of each insurance policy held by the body corporate;

(b)a copy of the statement of accounts mentioned in subsection (1)(t);

(c)a document setting out the by-laws mentioned in subsection (1)(u)(i) in consolidated form;

(d)a document setting out the exclusive use by-laws, or other allocations of common property, mentioned in subsection (1)(u)(ii).

(3)In this section—

standard statement see section 339 of the Act.

22Amendment of s 233B (Fee for information given to interested person (layered arrangement)—Act s 205AAB)

Section 233B(2), ‘Section 233(5)’—
omit, insert—

Section 233(3)

23Regulation amended

This part amends the Building Units and Group Titles Regulation 2008.

24Insertion of new s 10A

After section 10—
insert—

10A Matters that must be included in approved form for body corporate certificate—Act, s 40AA

(1)For section 40AA(5)(a) of the Act, the following matters relating to a lot are prescribed—

(a)details of the lot, including—

(i)whether the lot is shown on a building units plan or a group titles plan; and

(ii)the lot number and plan number;

(b)details of the plan, including—

(i)the name of the building or parcel endorsed on the plan; and

(ii)the number of the plan; and

(iii)the specified Act that applies in relation to the plan;

(c)the name and contact details of the secretary of the body corporate;

(d)the name and contact details of any body corporate manager for the body corporate;

(e)amounts associated with ownership of the lot that are payable to the body corporate, including amounts payable under a by-law made under section 30(7) of the Act;

(f)contributions determined by the body corporate under section 38A(1), (2), (3) and (5) of the Act;

(g)an amount determined under section 38A(4) of the Act;

(h)any unpaid amount of—

(i)an amount payable under a by-law made under section 30(7) of the Act; or

(ii)an amount recoverable under section 33(3) or (4) of the Act; or

(iii)a contribution levied under section 38B of the Act; or

(iv)a contribution levied under section 124(2) of the Act; or

(v)another amount associated with ownership of the lot that is payable to the body corporate;

(i)the lot entitlement of every lot the subject of the plan;

(j)the aggregate lot entitlement for the plan;

(k)any arrangement entered into between the body corporate and another entity for the conduct of a business by the entity of letting lots on behalf of proprietors;

(l)any arrangement that—

(i)is entered into between the body corporate and an entity who has entered into an arrangement mentioned in paragraph (k); and

(ii)is for the entity to carry out maintenance and repair for which the body corporate is responsible;

(m)the by-laws in force for the plan;

(n)the body corporate’s sinking fund balance;

(o)the insurance held by the body corporate;

(p)the most recent statement of accounts prepared under section 38D(1)(c) of the Act;

(q)any arrangement to supply electricity to proprietors of lots or occupiers of lots through an embedded electricity network;

(r)improvements in or on the common property for which a person will become responsible under section 37A(2) of the Act for properly maintaining and keeping in a state of good and serviceable repair if the person becomes the proprietor of the lot;

(s)personal property vested in the body corporate.

(2)The approved form may include provision for the following documents to be given with the form—

(a)a document stating the details of each insurance policy held by the body corporate;

(b)a document setting out the by-laws mentioned in subsection (1)(m) in consolidated form;

(c)a copy of the statement of accounts mentioned in subsection (1)(p).

(3)In this section—

specified Act see section 5A(3) of the Act.

25Amendment of sch 3 (Fees)

(1)Schedule 3, items 8 and 9—
omit.

(2)Schedule 3, item 10—
renumber as schedule 3, item 8.