New South Wales Consolidated Acts

STRATA SCHEMES (FREEHOLD DEVELOPMENT) ACT 1973 - SECT 28A

28A Explanation of staged development

(1) The purpose of this Division is to facilitate the development in stages of a parcel that is subject to a strata scheme (whether or not the parcel is developed together with development of non-strata land adjoining or adjacent to the parcel).

(2) The development of the parcel contemplated consists of:

• the progressive improvement of the parcel by the construction of buildings or the carrying out of works (or both) on a lot or lots reserved for future development ( "development lots"), and

• the subsequent subdivision under this Act of each development lot and the consequential adjustment of unit entitlements within the scheme.

(3) Development lots may be situated wholly or partly above, below or alongside the building to which the strata scheme initially relates, but must be identified as such in the strata plan for the scheme when that plan is registered.

(4) The staged development of a parcel will be carried out subject to a strata development contract that describes separately:

(a) any proposed development that the developer for the development lot concerned warrants will be carried out and may be compelled to carry out ( "warranted development"), and

(b) any other proposed development that the developer will be authorised but cannot be compelled to carry out ( "authorised proposals").

Warranted development and authorised proposals are referred to as "permitted development" because the body corporate for the strata scheme and other persons having estates or interests in lots included in the parcel must allow it to be carried out in accordance with the contract.

(5) This Division is not intended to prevent the development of a parcel otherwise than in accordance with this Division.