STRATA SCHEMES (FREEHOLD DEVELOPMENT) ACT 1973 - SECT 8 Registration of strata plans

This legislation has been repealed.

STRATA SCHEMES (FREEHOLD DEVELOPMENT) ACT 1973 - SECT 8

8 Registration of strata plans

(1) A plan intended to be registered as a strata plan must include, as sheets of the plan:

(a) a location plan, and

(b) a floor plan, and

(c) a schedule of unit entitlement.

(2) The plan must be lodged with a separate document in the approved form that includes:

(a) the address at which documents may be served on the proposed body corporate, and

(b) a strata certificate issued by the local council under section 37 or an accredited certifier under section 37A in the approved form, unless the plan is lodged by the Crown or a statutory body representing the Crown, and

(c) a certificate given by a registered land surveyor in the approved form certifying that each applicable requirement of Schedule 1A has been met.

The document must also identify any encroachment by the building (whether or not on to a public place).

(3) The floor plan for a strata scheme that does not provide for common property must show that at least one (or part of one) of the proposed lots is superimposed on another (or part of another) of the proposed lots.

(4) The schedule of unit entitlement for a strata scheme that does not include a development lot must show as whole numbers the aggregate unit entitlement of all lots and the proposed unit entitlement of each lot.

(4A) The schedule of unit entitlement for a strata scheme that includes a development lot must show as whole numbers:

(a) the aggregate unit entitlement of all lots, whether or not development lots, and

(b) apportioned on the basis of land value (within the meaning of the Valuation of Land Act 1916 ) and so as to total that aggregate unit entitlement:

• the proposed unit entitlement of each development lot, and

• the proposed unit entitlement of all lots that are not development lots, being the unit entitlement attributable to the residue of the land in the proposed parcel, and

(c) apportioned on a market value basis and so as to total the proposed unit entitlement of all lots that are not development lots, the proposed unit entitlement of each lot that is not a development lot.

(4AA) The schedule of unit entitlement for a strata scheme that includes a development lot must indicate that the schedule may, on conclusion of the development scheme, be revised under section 28QAA.

(4B) A plan intended to be registered as a strata plan must indicate:

(a) that specified model by-laws prescribed by the regulations made under the Strata Schemes Management Act 1996 are proposed to be adopted for the strata scheme and, if those model by-laws contain one or more alternative versions of any by-law, that the specified version of that by-law is proposed to be adopted, or

(b) that other specified by-laws are proposed to be adopted for the scheme.

(4C) If a strata plan indicates that by-laws other than the model by-laws prescribed by the regulations made under the Strata Schemes Management Act 1996 are proposed to be adopted for the strata scheme, the plan must be accompanied by the by-laws specified. The by-laws must be in the form approved under the Real Property Act 1900 and must have been signed by the persons required to have signed the strata plan under section 16 (1).

(4D) The proposed by-laws for a strata scheme have no effect until the strata plan (and any proposed by-laws that are required to accompany it) are registered. However, registration does not operate to give effect to by-laws that have not been lawfully made.

(5) A plan intended to be registered as a strata plan that creates a development lot must be accompanied by:

(a) a copy of the relevant strata development contract, and

(b) unless the plan is lodged by the Crown or a statutory body representing the Crown--the certificate of the consent authority provided under section 28B (2).

(6) The Registrar-General may refuse to register a plan as a strata plan:

(a) if a formal land survey plan (within the meaning of the Surveying and Spatial Information Act 2002 ) of the proposed parcel requested by the Registrar-General and such number of copies of the plan of survey, if any, as have been so requested have not been lodged in the office of the Registrar-General, or

(a1) if the certificate of title or Crown grant for the land comprising the proposed parcel does not accompany the plan (or is not produced in the office of the Registrar-General within such time as the Registrar-General considers reasonable), unless evidence is furnished to the Registrar-General's satisfaction that:

(i) the certificate of title or Crown grant is in his or her custody, and that he or she has authority to use the instrument in connection with the registration of the plan, or

(ii) the certificate of title or Crown grant has been lost, mislaid or destroyed and application has been duly made (and is being duly prosecuted) under section 111 of the Real Property Act 1900 , or

(b) if any requisition made by the Registrar-General concerning the registration of a by-law that confers a right of exclusive use and enjoyment of, or special privileges in respect of, common property has not been complied with.

(7) The plan of survey must show, should the Registrar-General so request, the relationship by measurement of the building to the perimeter of the proposed parcel and, in the case of a proposed stratum parcel, to the perimeter of the site.