Document ID: chunk:federal_register_of_legislation:C2024A00138:clause:1_9:p1
Version: federal_register_of_legislation:C2024A00138
Segment Type: clause
Provision Reference: sch 1 cl 9 (pt 1/5)
Character Range: 10716–13326

9  At the end of Subdivision 43‑D
Add:

Build to rent developments

43‑151  Meaning of active build to rent development area
 (1) An active build to rent development area is a part of a building comprising any of the following:
 (a) the *dwellings of an *active build to rent development;
 (b) any *common areas for those dwellings.
 (2) An active build to rent development is a *build to rent development that has:
 (a) *commenced to be an active build to rent development (see subsections 43‑152(1) and (2)); and
 (b) not *ceased to be an active build to rent development (see subsection 43‑152(4)).
 (3) A common area for *dwellings of a *build to rent development is an area, facility or amenity:
 (a) intended for use for the purposes of those dwellings; or
 (b) intended for use for the purposes of those dwellings and any other dwellings in the same building.

43‑152  Build to rent developments

Commencement
 (1) On and after the first day on which a building has 50 or more *dwellings:
 (a) that satisfy subsection 43‑153(1); and
 (b) that the owner of the dwellings chooses to form a *build to rent development in accordance with subsection (6) of this section;
those dwellings are a build to rent development, of the building, that commences to be an *active build to rent development on that day.

 (2) Also, on and after the first day (if any):
 (a) after the most recent instance of a *build to rent development of a building *commencing to be an *active build to rent development; and
 (b) on which the building has 50 or more *dwellings:
 (i) that satisfy subsection 43‑153(1); and
 (ii) that were not part of a build to rent development just before that day; and
 (iii) that the owner of the dwellings chooses to form a build to rent development in accordance with subsection (6) of this section;
those dwellings are a build to rent development, of the building, that commences to be an active build to rent development on that day unless an active build to rent development *expands under subsection (3) on that day to include the dwellings.

Expansion
 (3) If a building has a *build to rent development (the existing development) that has *commenced to be an *active build to rent development, on the first day (if any) on which the building has *dwellings (the new dwellings):
 (a) that taken together with the dwellings of the existing development for which the *build to rent compliance period has not ended, satisfy subsection 43‑153(1); and
 (b) that are not already a part of a build to rent development; and
 (c) that the owner of the dwellings chooses to form part of the existing