New South Wales Consolidated Acts

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

28C Form and content of strata development contract

(1) A strata development contract and any amendment of such a contract must be in the approved form.

(2) A strata development contract must include a concept plan and a description:

(a) of the land comprising the parcel, identifying separately the development lot or lots and any non-strata land adjoining or adjacent to the parcel that is proposed to be developed together with the parcel to which it relates, and

(b) of any land proposed to be added to that parcel at a later time, and

(c) of so much (if any) of the proposed development as the developer is permitted by the contract to carry out and may be compelled to carry out (identified in the contract as “ warranted development -proposed development subject to a warranty”), and

(d) of so much (if any) of the proposed development as the developer is permitted by the contract to carry out but cannot, merely because it is described in the contract, be compelled to carry out (identified in the contract as “ authorised proposals -proposed development not subject to a warranty”).

(2A) If a strata development contract relates to development of a parcel together with any non-strata land adjoining or adjacent to the parcel, it must:

(a) include a description of the non-strata land, and

(b) indicate that a strata management statement will (unless the requirement for a statement is dispensed with under section 28R) govern both the non-strata land and the parcel, and

(c) indicate that, if the strata management statement is registered in accordance with Division 2B, a copy of it may be obtained from the Registrar-General.

(3) A strata development contract must include such other documents, particulars and information as may be required by the regulations.

(4) A strata development contract cannot provide for the subdivision of common property without the consent, by special resolution, of the body corporate.