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Creating a layered scheme

A layered scheme is a grouping of community titles schemes, where one body corporate sits within the umbrella of another body corporate.

Body Corporate and Community Management Act 1997 (BCCM Act).

Basic schemes can enter a layered arrangement if each agrees by resolution without dissent to:

  • becoming a layered arrangement
  • the community management statement for the new principal scheme

and

  • their own new community management statements, if new statements are required.

A layered arrangement can also be formed if the District Court decides it is just and equitable for the schemes to become a layered arrangement and makes that order.

The creation of the layered arrangement must be registered with Titles Queensland.

The request to register the arrangement must be made by either:

  • the body corporate for each basic scheme that will become part of the layered arrangement

or

  • the person who applied to the District Court for the order.

Amalgamating subsidiary schemes

The subsidiary schemes may be combined if each agree by resolution without dissent to both:

  • the amalgamation
  • the community management statement for the new scheme.

The body corporate for the scheme that includes the subsidiary schemes to be amalgamated must agree to the amalgamation by ordinary resolution.

The subsidiary schemes can also be amalgamated if the District Court decides it is just and equitable for the schemes to be amalgamated and makes that order.

The amalgamation of the schemes must be registered with Titles Queensland.

After the amalgamation, the previous subsidiary schemes are dissolved. Subject to court order, the rights, liabilities and assets of the previous schemes will be vested in the newly amalgamated scheme.

Subdividing lots

Lots in a principal scheme or subsidiary scheme can be subdivided to create more lots or to create a new community titles scheme.

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Last updated:
13 January 2023
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