New South Wales Consolidated Acts

STRATA SCHEMES (FREEHOLD DEVELOPMENT) ACT 1973 - SECT 14

14 Alteration of building affecting lot boundary

(1) Where:

(a) a building is altered by demolishing any wall, floor, ceiling or structural cubic space, and any boundary of a lot was, immediately before the alteration, the inner surface or any part of that wall, the upper surface or any part of that floor or the under surface or any part of that ceiling or was defined in terms of or by reference to that wall, floor, ceiling or structural cubic space, or

(b) a building is altered by constructing any wall, floor or ceiling so that a boundary of a lot coincides with the inner surface or any part of that wall, the upper surface or any part of that floor or the under surface or any part of that ceiling,

the proprietor of that lot shall, within one month after the completion of the demolition or construction, lodge in the office of the Registrar-General for registration as a building alteration plan a plan which:

(c) defines by lines the base of each vertical boundary of that lot after the alteration of the building, and

(d) is accompanied by a certificate given by a registered land surveyor certifying:

(i) that the wall, floor, ceiling or structural cubic space has been demolished or constructed, as the case may be,

(ii) that any wall, floor or ceiling referred to in paragraph (b) is wholly within the perimeter of the parcel except to the extent of any encroachment referred to in section 38 or, if any part of the building encroaches on land other than a public place, that an appropriate easement exists, and

(iii) that any such encroachment and its nature and extent are shown on the plan.

Maximum penalty: 5 penalty units.

(1A) The plan must be lodged with a separate document in the approved form relating to the plan.

(2) Upon registration as a building alteration plan of a plan showing an encroachment on a public place, the Registrar-General shall forward a copy of the plan to the local council.

(3) A copy of a plan forwarded under subsection (2) may be on a scale the same as or different from the original.

(4) If an encroachment referred to in subsection (1) (d) (ii) is shown on a building alteration plan, the provisions of this Act, other than those relating to ownership and certification of title, apply:

(a) in the case of so much of an encroachment as is designated for use with a lot-as if it were part of the lot, or

(b) in any other case-as if it were common property.