New South Wales Consolidated Acts

STRATA SCHEMES (LEASEHOLD DEVELOPMENT) ACT 1986 - SECT 18

18 Certificates of title to be lodged with plans and notices

(1973 Act, s 15)

(1) Where:

(a) a plan is lodged in the office of the Registrar-General for registration as a strata plan of subdivision or a strata plan of consolidation,

(b) a notice is lodged in that office for registration as a notice of conversion, or

(c) a plan is lodged in that office for registration as a building alteration plan,

and the body corporate either:

(d) has not, within a period of 21 days after notice in writing served on it by the person so lodging the plan or notice, lodged in the office of the Registrar-General the certificate of title for the lease of the common property, or

(e) has not, within that period, made due application under section 111 of the Real Property Act 1900 and does not thereafter duly prosecute that application,

the certificate of title for the lease of the common property shall, for the purposes of Part 15 of that Act, be deemed to be wrongfully retained.

(2) The Registrar-General may refuse to register any plan or notice lodged as referred to in subsection (1) unless it is accompanied by:

(a) the certificate of title for the lease of the common property, or

(b) evidence to the satisfaction of the Registrar-General of the service of the notice referred to in subsection (1) (d).