Wednesday, September 30, 2020

Body Corporate And Community Management Act 1997

Chapter 5
Part 2
Division 3
Section 213AA

Disclosure plan requirements | Section 213AA

(1)A disclosure plan may comprise 1 or more documents that contain—

(a)for a proposed lot intended to be a building format lot—the building format lot particulars; or

(b)for a proposed lot intended to be a volumetric format lot—the volumetric format lot particulars; or

(c)for a proposed lot intended to be a standard format lot—the standard format lot particulars.

Example of a document that may comprise or form part of a disclosure plan—

a draft plan of survey

(2)A disclosure plan must be prepared by a cadastral surveyor.

(3)In this section—

appropriate contour intervals means contour intervals of not more than—

(a)for a proposed lot of not more than 2000m2—50cm in height; or

(b)for a proposed lot of more than 2000m2—1m in height.

building format lot particulars, for a proposed lot intended to be a building format lot, means the following—

(a)the proposed number of the lot;

(b)the total area of the lot;

(c)identification of any parts of the lot proposed to be outside the building in which the lot is proposed to be located, including any proposed balcony, courtyard or carport;

(d)the floor level in the building in which the lot is proposed to be located;

(e)identification of other lots and common property proposed to be on the same floor level in the building in which the lot is proposed to be located;

(f)identification of the proposed orientation of the lot by reference to north.

existing surface contours, of a proposed lot intended to be a standard format lot, means the surface contours of the lot at the time the disclosure plan for the lot is prepared.

standard format lot particulars, for a proposed lot intended to be a standard format lot, means the following—

(a)the proposed number of the lot;

(b)a description of the dimensions of the lot as bearings and distances;

(c)if the seller of the lot intends that before the contract is settled, a building be constructed on the lot by the seller, or by another person who is not the buyer under an arrangement procured by the seller—

(i)the location of the building on the lot; and

(ii)the total area, and number of levels, of the building; and

(iii)identification of any features proposed to be constructed on the lot, including, for example, any proposed driveway, carport, courtyard or pergola;

(d)identification of the proposed orientation of the lot by reference to north;

(e)if there is operational work for the lot—

(i)contour maps of the lot showing the surface contours, with appropriate contour intervals, as at the completion of the work; and

(ii)the location of any retaining walls that are part of the work; and

(iii)the height of any retaining walls that are part of the work or, if the height varies across the length of the wall, the height of the lowest and highest points of the wall and the average height of the wall; and

(iv)the areas of the lot to be cut or filled as part of the work; and

(v)the following information about any fill that is part of the work—

(A)the depth of the fill;

(B)whether the compaction of the fill will be done in accordance with Australian Standard AS 3798-2007, and the level of inspection and testing services carried out;

(C)if the compaction of the fill will not be done in accordance with that Australian Standard, the nature of the departure from the standard;

(f)if there is no operational work for the lot—contour maps of the lot showing the existing surface contours, with appropriate contour intervals.

volumetric format lot particulars, for a proposed lot intended to be a volumetric format lot, means the following—

(a)the proposed number of the lot;

(b)an isometric representation of the lot;

(c)the area of the projected footprint of the lot;

(d)the level of the ground surface in approximate values for illustrating the location of the lot in relation to that level;

(e)identification of the proposed orientation of the lot by reference to north;

(f)if the lot is proposed to contain a building or be located in a building—

(i)the floor level on which the lot is proposed to be located; and

(ii)identification of other lots and common property proposed to be on the same floor level in the building.

© Sourced from the Queensland Legislation website at 1 April 2020. For the latest information on Queensland Government legislation please go to https://www.legislation.qld.gov.au.

Disclaimer: Reproduced from the Body Corporate and Community Management Act 1997. This website does not give legal advice or other professional advice. You should seek legal or other professional advice before acting and not rely on any of the content on this website.

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