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Confirm Section 32AI declaration

If a Unanimous Resolution of the Owners Corporation or a VCAT Order has not been supplied for a Section 32 application, the Responsible Authority must confirm whether the plan meets the requirements of Section 32AI below.

As per Section 32AI, the plan must not:

• Alter the boundaries or area of existing common property
• Alter the total entitlements or liabilities of land in the existing plan
• Add an area of land more than 10% of the lot(s) included in the new plan
• Remove land from the owners corporation; or
• Create a new road or reserve.

If one or more of the above applies, a unanimous resolution of the owners corporation or VCAT order must be supplied prior to making a certification decision.

If none of the above apply, it is likely that the plan meets the requirements of section 32AI and a unanimous resolution of the owners corporation or VCAT order is not required.

Steps

You will need to complete the following to confirm the Section 32AI declaration:

1. Determine whether the plan meets the requirements of Section 32AI of the Subdivision Act and select the relevant option before clicking the 'ok' button.
2. To complete the process, the declaration must be authenticated from the application Details screen.

SPEAR will place a mandatory action on the Applicant Contact to provide the Unanimous Resolution or VCAT Order if required. In this case the plan cannot be certified until this document is provided.

In the event the plan meets the requirements of Section 32AI, it may be certified immediately.