STRATA SCHEMES DEVELOPMENT ACT 2015 - As at 12 October 2023 - Act 51 of 2015
- As at 12 October 2023 - Act 51 of 2015Table of Provisions
PART 1 - PRELIMINARY
Division 1 - Introduction
Division 2 - Interpretation
- 4 Definitions
- 5 Contiguous land
- 6 Boundaries of lot
- 7 Meaning of "subdivision" of a lot or common property
- 8 Relationship with Real Property Act 1900
PART 2 - CREATION OF LOTS AND COMMON PROPERTY IN STRATA SCHEMES
Division 1 - Strata plans
- 9 Subdivision of land by strata plan
- 10 General requirements for strata plan
- 11 Requirements for leasehold strata scheme
- 12 Effect on leases of registration of strata plan for leasehold strata scheme
Division 2 - Strata plans of subdivision and consolidation
- 13 Subdivision of lots and common property
- 14 Subdivision of development lot
- 15 Consolidation of lots
- 16 Effect of registration of strata plan of subdivision or consolidation for leasehold strata scheme
Division 3 - Notices of conversion
- 17 Conversion of lots into common property
- 18 Effect of conversion of lots in leasehold strata scheme
Division 4 - Building alteration plans
- 19 Alteration of building affecting lot boundary
- 20 Registrar-General to give plan to local council
Division 5 - Additional requirements for registration of plans and notices
21. (Repealed)- 22 Plans to be signed or consented to
Division 6 - Common property
- 23 Dealing with common property--general
- 24 Effect of creation of common property by registration of plans or notices
- 25 Acquisition of additional common property
- 26 Registration and effect of dealings
- 27 Surrender of lease or sublease of common property
- 28 Holding common property and dealing with lots and common property
- 29 Requirement for folio if no common property
- 30 References to folios
- 31 Requirement for folio if there is common property
- 32 Recording particular matters relating to common property
- 33 Transfer or lease of common property
- 34 Creation or variation of easements, restrictions and positive covenants
- 35 Dedication of common property
- 36 Restrictions on dealings under this Division
- 37 Effect of dealings under this Division
Division 7 - Miscellaneous
- 38 Application of certain provisions of Conveyancing Act 1919
- 39 Encroachments shown on plans
- 40 When by-laws for strata scheme have effect
PART 3 - PROVISIONS RELATING TO LEASES IN LEASEHOLD STRATA SCHEMES
Division 1 - Leases of lots and common property
- 41 Provisions generally applicable to leases
- 42 Dealings in lease of lot or common property
- 43 Powers of lessor if no current lease
- 44 Further leases of lots and common property
- 45 Lessor may refuse to grant further leases
Division 2 - Re-entry or forfeiture of leases of lots
Division 3 - Conversion of leasehold strata schemes to freehold strata schemes
PART 4 - STRATA CERTIFICATES
Division 1 - Preliminary
- 50 Definitions
- 51 Relationship with other Acts
- 52 When relevant planning approval is in force
- 53 Who may apply for strata certificate
Division 2 - Issue of strata certificates by local councils
- 54 Strata certificate for strata plans and subdivision of development lots
- 55 Strata certificate for subdivision not involving development lot
- 56 Strata certificate for notices of conversion
- 57 Restriction on issue of strata certificate
Division 3 - Issue of strata certificates by registered certifiers
- 58 Strata certificate for strata plans and subdivision of development lots
- 59 Strata certificate for subdivision not involving development lot
- 60 Strata certificate for notices of conversion
- 61 Restrictions on issue of strata certificate
Division 4 - Strata certificates relating to encroachments onto public places, and to utility lots
- 62 Issue of strata certificates relating to encroachments
- 63 Restriction on use of utility lot
- 64 Release of restriction on use of utility lot
Division 5 - Notice of decisions and appeals
Division 6 - (Repealed)
NoneDivision 7 - Miscellaneous
- 69 Satisfaction about compliance with conditions precedent to issue of strata certificates
- 70 Regulations
PART 5 - STAGED DEVELOPMENT
Division 1 - Preliminary
- 71 Purpose and scope of Part
- 72 Definitions
- 73 Explanation of staged development
- 74 Meaning of "development concern"
Division 2 - Restriction on granting planning approval
- 75 Obligations of planning authorities
Division 3 - Strata development contracts and registration of contracts and amendments
- 76 Form and content of strata development contract
- 77 Concept plan
- 78 Variation of liability for common property expenses
- 79 Signing and lodging strata development contract and amendments
- 80 Registering strata development contract and amendments
- 81 Effect of strata development contract
- 82 Use of common property and development lot by developer
- 83 Adding land to a parcel subject to a strata development contract
Division 4 - Amendment of strata development contracts
- 84 Amendment of strata development contract
- 85 Notice of particular decision, and appeal
- 86 Approval of amendments by Land and Environment Court
Division 5 - Provisions relating to development concerns
- 87 Right to complete permitted development
- 88 Meetings of owners corporation relating to development concerns
Division 6 - Conclusion of development schemes
- 89 When development scheme is concluded
- 90 Revised schedule of unit entitlement
- 91 Registrar-General to record matters about conclusion of development scheme
- 92 Order for extension or conclusion of development scheme
Division 7 - Applications for assistance
- 93 Application for assistance
- 94 Investigation of application
- 95 Application of Fair Trading Act 1987 to investigation
- 96 Grant of legal assistance
- 97 Resolution authorising application by owners corporation
Division 8 - Miscellaneous
PART 6 - STRATA MANAGEMENT STATEMENTS AND EASEMENTS RELATING TO PART STRATA PARCELS
Division 1 - Strata management statements
- 99 Requirement to register strata management statement
- 100 Form and content of strata management statement
- 101 Registration of strata management statement and amendment
- 102 Recording information about strata management statement in folios
- 103 Amendment of strata management statement
- 104 Signing of strata management statement and amendment
- 105 Effect of strata management statement
Division 2 - Easements
- 106 Easements on registration of strata plan that creates part strata parcel
- 107 Other easements in particular strata schemes
Division 3 - Miscellaneous
- 108 Registered building management statement taken to be strata management statement
- 109 Obligation of lessee to comply with particular management statements
- 110 Obligation to give information about particular management statements
PART 7 - COMPULSORY ACQUISITION OF LOTS AND COMMON PROPERTY
- 111 Application of Part
- 112 Restriction on resumptions affecting parcels
- 113 Requirements for registration of plans to effect resumption
- 114 Effect of resumption
- 115 Readjustment of strata scheme for purposes of resumption
- 116 Costs
- 117 Common property not to pass with lot or part of lot in certain circumstances
- 118 Severance of lots by resumption
- 119 Resumption by authority bound by Act
- 120 Resumption by authority not bound by Act
PART 8 - PARTICULAR FUNCTIONS OF REGISTRAR-GENERAL
- 121 Registration of plans and other instruments
- 122 Provisions applying to plans and certain other documents
- 123 Power to adjust unit entitlements
- 124 Recordings about restrictive use conditions
- 125 Prohibition on recordings in the Register in certain circumstances
- 126 Certain recordings to be made by Registrar-General
- 127 Functions if resumed land remains in strata scheme
- 128 Functions if resumed land is excluded from strata scheme
PART 9 - VARIATION OR TERMINATION OF STRATA SCHEMES
Division 1 - Preliminary
Division 2 - Variation of strata schemes
- 130 Application for order consequent on damage to or destruction of building
- 131 Order to vary strata scheme
- 132 When order takes effect
- 133 Direction of court to treat application differently
- 134 Costs
Division 3 - Termination of strata schemes by order of court
- 135 Application for order to terminate strata scheme
- 136 Order to terminate strata scheme
- 137 When order takes effect
- 138 Effect of order
- 139 Dealing with disputes about value of improvements for leasehold strata schemes
- 140 Direction of court to treat application differently
- 141 Costs
Division 4 - Termination of strata schemes by Registrar-General
- 142 Application to Registrar-General for termination of strata scheme
- 143 Decision about terminating strata scheme
- 144 When order takes effect
- 145 Registrar-General to record termination of strata scheme
- 146 Effect of order for freehold strata scheme
- 147 Effect of order for leasehold strata scheme
Division 5 - Termination of leasehold strata schemes on expiry of leases
- 148 Termination on expiry of leases
- 149 Dispute about value of improvements
- 150 Order to continue owners corporation for specified purposes
Division 6 - Miscellaneous
PART 10 - STRATA RENEWAL PROCESS FOR FREEHOLD STRATA SCHEMES
Division 1 - Preliminary
- 153 Application and purpose of Part
- 154 Definitions
- 155 Application of Strata Schemes Management Act 2015
Division 2 - Strata renewal proposals
- 156 Submission of strata renewal proposal
- 157 Strata committee to consider proposal
- 158 Convening general meeting to consider proposal
- 159 Lapsing of proposal
Division 3 - Establishment, membership, function, operation and dissolution of strata renewal committees
- 160 Establishment of committee
- 161 Election of members
- 162 Notice of decision to establish committee
- 163 Vacation of office
- 164 Function and operation of committee
- 165 Conflicts of interest
- 166 Period of operation of committee
- 167 Dissolution of committee
Division 4 - Procedures of strata renewal committees
Division 5 - Strata renewal plans
- 170 Content of strata renewal plan
- 171 Requirements relating to sale of lots
- 172 Consideration of plan by owners corporation
- 173 Copy of plan to be given to owners
- 174 Notice of owner's decision to support plan
- 175 Withdrawal of support notice
- 176 Notice if required level of support obtained
- 177 Lapsing of plan
Division 6 - Applying for orders to give effect to strata renewal plans
Division 7 - Orders to give effect to strata renewal plans
- 181 Hearing of application
- 182 Decision of court
- 183 Court order and directions
- 184 Effect of order relating to collective sale
- 185 Effect of order relating to redevelopment
- 186 Ancillary orders
- 187 Order attaches to land and is binding
Division 8 - Miscellaneous
- 188 Costs
- 189 Relationship between orders and strata renewal plans
- 190 Limitation on submitting strata renewal proposal
PART 11 - RATES AND CHARGES RELATING TO PARCELS
- 191 Definition
- 192 Rating of lots
- 193 Certain lots not rateable
- 194 Charge or fee for services
PART 12 - GENERAL
- 195 Duty not payable for determination of lease
- 196 Notice to produce electronic form plans and other documents
- 197 Application of Act to electronic form plans and other documents
- 198 Recordings in Register or folios--generally
- 199 Act to bind Crown
- 200 Delegation by Secretary
- 201 Proceedings for offences
- 202 Regulations--general
- 203 Repeal of Acts
- 204 Review of Act
- SCHEDULE 1
- SCHEDULE 2
- SCHEDULE 3
- SCHEDULE 4
- SCHEDULE 5
- SCHEDULE 6
- SCHEDULE 7
- SCHEDULE 8 Schedule 9 (Repealed)