What are the requirements and process for obtaining the Minister’s approval to transfer an undeveloped subdivided block?

An undeveloped subdivided block is generally subject to a building and development covenant, requiring construction to commence within 12 months and be completed within 24 months of the lease commencing. If the lessee has not complied with these requirements, they must obtain consent to transfer the Crown lease from the Territory Planning Authority before transferring the block.

To obtain approval, the applicant must submit the appropriate consent to transfer application (either for a first transfer or a second/subsequent transfer), together with all required supporting documents and any applicable fees. The application is assessed by the Territory Planning Authority under the Planning Act 2023 and the Planning (General) Regulation 2023.

Approval may be granted where:

• the proposed transferee intends to comply with the building and development provision;
• any required security has been provided;
• the lessee cannot comply because of financial circumstances;
• the purchaser has contracted a builder to construct the dwelling;
• the lessee has obtained a certificate of compliance; or
• the transfer is the first sale of an undeveloped block by the estate developer.

If consent is refused, the decision may be appealed to the ACT Civil and Administrative Tribunal (ACAT).

Reference: ACT- Changes to a Crown lease – City and Environment Directorate – Planning