Owners_consent_fact_sheet

When the owner is an individual

If the owner of the land is an individual, the consent of the individual listed on the title document is
required. The owner's consent should state the full name and include the signature of the individual.

When there are multiple owners

If there are multiple owners of the premises to which the application relates, the consent of each owner
must be obtained.

For example, if the application relates to one lot, but that lot is owned by several persons, the consent of
each of those persons is required. Similarly, if the application relates to several lots and each lot is
owned by a different person, the consent of each of those persons is required.

When the owner is a company
If the owner is a company, the company must consent to the application.

Consent may be given using the company owner’s consent template or by a letter, which is signed or
sealed in accordance with the requirements of the Corporations Act 2001 (Cwth), section 127, that
provides the owner's details, property details and details about the proposed development.

When the development site includes a body corporate

An application over premises subject to a Community Title Scheme under the Body Corporate and
Community Management Act 1997 may require consent from:

e the owners of individual unit(s) in the Community Title Scheme and/or

e the body corporate, depending upon the premises that are the subject of the application.

Owner’s consent from individual unit owners in the Community Title Scheme is required to be provided
as per the requirements for owner's consent for an individual or company. Owner's consent from every
unit included in the description of the premises in the application must be provided.

Where the application includes common property, the body corporate’s consent to the application will be
required. For a body corporate, evidence of the body corporate’s decision to provide owner’s consent
must be provided in accordance with the relevant requirements for a body corporate under the Body
Corporate and Community Management Act 1997.

When the premise includes an easement

An easement is a set of rights and obligations for a person to use an area of a premises in a particular
way (such as access to a property) even though the person does not own the premises. Generally, for
an easement there will be a ‘benefited’ and a ‘burdened’ lot.

 

Version 1_10/11/2020