New South Wales Consolidated Acts

STRATA SCHEMES (FREEHOLD DEVELOPMENT) ACT 1973 - SECT 9

9 Subdivision of lots and common property

(1) Lots (other than development lots) or common property, or lots (other than development lots) and common property, may be subdivided by the registration, as a strata plan of subdivision, of a plan that complies with subsection (3).

(2) A reference in subsection (1) to common property does not include a reference to:

(a) common property the subject of a lease accepted under section 19 (2), or

(b) common property in a strata scheme that is part of a community scheme under the Community Land Development Act 1989 .

(3) A plan complies with this subsection if:

(a) it consists of a floor plan and, if required by the Registrar-General, a location plan,

(b) that floor plan is accompanied by a strata certificate issued by the local council or an accredited certifier:

(i) where the plan is a plan illustrating a proposed subdivision referred to in section 5 (7) (a)-in accordance with section 37 (3) or section 37A (4), or

(ii) where the plan is a plan illustrating a proposed subdivision referred to in section 5 (7) (b), (c) or (d)-in accordance with section 37 (4) or section 37A (5),

(c) that floor plan includes a certificate given by a registered land surveyor in the approved form certifying that each applicable requirement of Schedule 1A has been met (with the exception that the certificate need not certify any matter relating to a lot boundary that was certified in the strata plan or a previous strata plan of subdivision), and

(c1) it is lodged with a separate document in the approved form that identifies any encroachment by the building (whether or not on to a public place), and

(d) in the circumstances set out in subsection (3A)-that floor plan is accompanied by:

(i) a certificate under the seal of the body corporate certifying that the certificate referred to in paragraph (b) was given after the expiration of the initial period, or

(ii) a certified or office copy of the minute of an order made under section 182 of the Strata Schemes Management Act 1996 authorising the registration of the plan, and

(e) any by-law conferring a right or privileges referred to in section 51 (1) of the Strata Schemes Management Act 1996 in respect of common property comprised in the plan has been:

(i) repealed, or

(ii) amended so that the by-law does not so confer the right or privileges.

(3A) A floor plan is required to be accompanied by a certificate or certified or office copy if:

(a) the land comprised in the plan is held by the original proprietor (not being an original proprietor who holds all lots forming part of the parcel to which the strata scheme concerned relates), and

(b) a certificate under subsection (3) (d) or section 13 (2) (b) or 28 (4) (b) has not previously been lodged in the office of the Registrar-General.

(4) The provisions of section 8 (2) and (3) apply to the registration, as a strata plan of subdivision, of a plan illustrating a proposed subdivision referred to in section 5 (7) (c) or (d) in the same way as they apply to the registration of a plan as a strata plan.

(5) Subsections (3) (b) and (3) (d) do not apply to or in respect of a plan lodged for registration as a strata plan of subdivision by a person or body who or which, but for section 3, would not be bound by this Act.