New South Wales Consolidated Acts

STRATA SCHEMES (FREEHOLD DEVELOPMENT) ACT 1973 - SECT 37A

37A Approvals by accredited certifiers

(1) An accredited certifier may issue a strata certificate in respect of a proposed strata plan, proposed strata plan of subdivision or proposed notice of conversion in accordance with this section.

(2) An accredited certifier must issue a strata certificate in respect of a proposed strata plan that does not include a development lot or lots if:

(a) there is a relevant development consent in force, and

(b) all conditions of the development consent that, by its terms, are required to be complied with before a strata certificate may be issued have been complied with, and

(c) where the land proposed to be subdivided is situated within a water supply authority’s area of operations-the water supply authority has issued a certificate of compliance for the proposed subdivision, and

(d) the requirements of subparagraphs (i), (ii) and (iii) or the requirements of subparagraphs (iv), (v), (vi) and (vii) are satisfied:

(i) a construction certificate has been issued under the Environmental Planning and Assessment Act 1979 with respect to the erection of any building containing any proposed lots to which the strata plan relates,

(ii) the proposed lots illustrated by that plan substantially correspond with parts of any such building shown in the building plans accompanying the construction certificate and designated in those building plans as being intended for separate occupation,

(iii) any such building was completed not more than 12 months, or such longer period as the relevant local council may in any particular case fix, before the application for the strata certificate under this subsection was made to the certifier,

(iv) separate occupation of the proposed lots illustrated by the strata plan will not contravene the provisions of the Environmental Planning and Assessment Act 1979 or of any environmental planning instrument within the meaning of that Act,

(v) any consent required under that Act or instrument has been given in relation to the separate occupation of the proposed lots illustrated by that plan,

(vi) the land proposed to be subdivided is not the subject of any outstanding order, requirement or notice of a kind referred to in, or given under, a provision referred to in section 37 (1B),

(vii) if the relevant local council has made an order of the kind referred to in Order No 6 in the Table to section 121B of the Environmental Planning and Assessment Act 1979 in relation to the land proposed to be subdivided-the order has been complied with or an appeal against the order has been made under section 121ZK of that Act and the Land and Environment Court has refused to confirm the order.

(3) An accredited certifier must issue a strata certificate in respect of a proposed strata plan that includes a development lot or development lots, or in respect of a proposed strata plan of subdivision of a development lot, if:

(a) the requirements of subsection (2) (a)-(d) are satisfied, and

(b) the plan and any building containing proposed lots to which the plan relates:

(i) satisfy any applicable development consent conditions, and

(ii) give effect to the stage of the strata development contract to which they relate.

(4) An accredited certifier must issue a strata certificate in respect of a plan illustrating a proposed subdivision (not being a proposed subdivision of a development lot) referred to in section 5 (7) (a) if:

(a) the requirements of subsection (2) (a), (b) and (d) (iv) and (v) are satisfied, and

(b) the body corporate concerned has certified that by resolution passed at a general meeting it agrees to the proposed subdivision.

(5) An accredited certifier must issue a strata certificate in respect of a plan illustrating a proposed subdivision (not being a proposed subdivision of a development lot) referred to in section 5 (7) (b), (c) or (d) if:

(a) the requirements of subsection (2) (a), (b) and (d) (iv) and (v) are satisfied, and

(b) the body corporate concerned has certified that by special resolution passed by the body corporate it agrees to the proposed subdivision.

(6) An accredited certifier must issue a strata certificate in respect of a proposed notice of conversion if:

(a) the requirements of subsection (2) (a) and (b) are satisfied, and

(b) the body corporate concerned has certified that by special resolution passed by the body corporate it agrees to the proposed conversion.

(7) Despite any other provision of this section, a strata certificate must not be issued by an accredited certifier unless all regulations with respect to the provision of such certificates have been complied with.