Application for Amendment to Schedule of Lot Entitlements (AP2CP)

Section 21 of the Community Titles Act 1996 (SA) lets a community corporation apply to the Registrar-General to amend the schedule of lot entitlements. The application must be in the approved form (Form AP2CP), with the prescribed fee and a new schedule certified correct by a land valuer; the Registrar-General may refuse a schedule certified more than six months before lodgement (s 21(2)). The corporation must show that the application follows a unanimous resolution (s 21(3)) and that the consents in s 21(4) and (5) have been given. Alternatively, the Environment, Resources and Development (ERD) Court can order an amendment, including one varying lot entitlements, under section 59; the Registrar-General then amends the plan on lodgement of the order (s 59(5)). Once the requirements are met the Registrar-General substitutes the new schedule (s 21(9)).

When you need it

• A community corporation has passed a unanimous resolution to change the lot entitlements on its deposited community plan.
• The ERD Court has ordered the lot entitlements to be varied under section 59 of the Community Titles Act 1996.
• You are a lawyer or registered conveyancer preparing the lodgement for the corporation.

1. 1

   Heading

   Strike through section 21 or section 59, whichever does not apply. If the application amends an earlier lodged application, give that dealing number.

2. 2

   Application to the Registrar-General

   Insert the community corporation number and its postal address. Keep paragraph (1) for a section 21 application or paragraph (2) for a court order, inserting the order's date, and strike through the other. In paragraph (3) insert the community plan number.

3. 3

   Supporting documents

   For a section 21 application, attach the land valuer's certificate and lot entitlement sheet (with the plan number inserted by the valuer) and a copy of the unanimous resolution, being the minutes, certified by an officer of the corporation as a copy of the resolution referred to in the application. For a court order, attach a copy of the sealed order. List these in the supporting documentation panel.

4. 4

   Execution by the corporation

   Date the form and affix the corporation's common seal. If a practitioner signs under client authorisation instead, strike through the execution panel and complete the certification.

5. 5

   Consents

   Each consenting party gives their full name and address (and ACN or ABN), the interest held, and the plan number, and dates and signs before an adult witness who is not a party (Real Property Act 1886 s 267), or a practitioner certifies on their behalf.

• Lodge the AP2CP and its attachments with Land Services SA. Paper documents are lodged at Level 9, 101 Grenfell Street, Adelaide, through the Face to Face or Drop and Go service.
• A fee prescribed by regulation must accompany the application (s 21(2)(a)). Check Land Services SA's current fees page.
• The AP2CP guidance notes list only a legal practitioner or registered conveyancer as the certifier for this form.
• Number every page consecutively, use black or blue permanent ink for handwriting, and use a Form B1 annexure if space runs out.

• Consents are needed from owners who joined after the resolution was passed, prospective owners and registered or prospective encumbrancees (s 21(4)). An encumbrancee's consent is not needed where the lot's new share stays within plus or minus ten per cent of its value share (s 21(8)).
• For a primary or secondary corporation whose lots are divided by a secondary or tertiary plan, extra consents are required under s 21(5).
• Any change to the community site's address must be authorised by a letter from the council attached to the application.