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Governing the City State - Chief Minister and Treasury Directorate ...

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Unit Title RegistrationA particular concern expressed in consultations related to delays in <strong>the</strong> registration of unittitles on completion of new multi-unit developments. The current process can take up to 12weeks from completion of work to issuing of titles (which permits sales to be concluded)during which time developers bear <strong>the</strong> full cost of a completed building on which <strong>the</strong>y are notable to proceed to settlement. These additional costs are inevitably passed on to purchasersadding materially to <strong>the</strong> cost of individual units.The Review welcomes recent initiatives by ACTPLA to streamline this process includingthrough <strong>the</strong> use of private certification <strong>and</strong> notes <strong>the</strong> extent to which time taken in processingof applications for registration by a relatively small area of ACTPLA is influenced by <strong>the</strong>volume of such applications.Notwithst<strong>and</strong>ing those efforts, contributors to <strong>the</strong> Review expressed concern at continuingdelays, <strong>and</strong> highlighted procedures in place in o<strong>the</strong>r jurisdictions that allow issuing ofcertificates of title <strong>and</strong> occupancy on <strong>the</strong> same day (some of which include payment of asignificant bond to ensure completion to an appropriate st<strong>and</strong>ard). For example, under <strong>the</strong>Gold Coast <strong>City</strong> Council’s regime:• developers are required to lodge a financial bond as security against variouscircumstances;• <strong>the</strong> Council has sole discretion to determine <strong>the</strong> type <strong>and</strong> amount of <strong>the</strong> bond on a case bycase basis;• in determining whe<strong>the</strong>r a bond is required <strong>and</strong> its amount, Council considers <strong>the</strong> trade-offbetween risk exposure to Council against <strong>the</strong> cost of <strong>the</strong> development <strong>and</strong> suretyexposure; <strong>and</strong>• relevant bonds include:o Uncompleted Works Bond - taken as security to ensure completion of outst<strong>and</strong>ingworks when early endorsement of survey plans is sought (by <strong>the</strong> developer) prior topractical completion;o Works Maintenance Bond – taken as a security that for <strong>the</strong> duration of <strong>the</strong>maintenance period, <strong>the</strong> applicant will maintain, repair or replace <strong>the</strong> works orinfrastructure so <strong>the</strong>y comply with <strong>the</strong> Development Permit;o L<strong>and</strong>scape Bond – taken as a security to ensure <strong>the</strong> construction/planting ofl<strong>and</strong>scaping <strong>and</strong>/or to establish <strong>and</strong> maintain <strong>the</strong> l<strong>and</strong>scape works <strong>and</strong>/or for <strong>the</strong>duration of <strong>the</strong> maintenance period, repair or replace l<strong>and</strong>scape works in accordancewith <strong>the</strong> Development Permit;o Performance Bond - required by <strong>the</strong> Development Permit to comply with performanceconditions. Provides security against damage to o<strong>the</strong>r l<strong>and</strong>, Council infrastructure,l<strong>and</strong>scape works or natural assets;Administrative Arrangements Changes: 193

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