Strata Schemes Development Act 2015 (NSW)
An Act to create freehold strata schemes and leasehold strata schemes; to provide for dealings with lots and common property in the schemes and for varying, terminating and renewing the schemes; and to repeal the Strata Schemes (Freehold Development) Act 1973 and the Strata Schemes (Leasehold Development) Act 1986.
This Act is the Strata Schemes Development Act 2015.
This Act commences on a day or days to be appointed by proclamation.
The main objects of this Act are to provide for—
(a) the subdivision of land, including buildings, into cubic spaces to create freehold strata schemes and leasehold strata schemes, and
(b) the way in which lots and common property in strata schemes may be dealt with, and
(c) the variation, termination and renewal of strata schemes.
In this Act—
(a) the cubic space occupied by a vertical structural member of a building, other than a wall, or
(b) the pipes, wires, cables or ducts that are not for the exclusive benefit of one lot and are—
(i) in a building in relation to which a plan for registration as a strata plan was lodged with the Registrar-General before 1 March 1986, or
(ii) otherwise—in a building or in a part of a parcel that is not a building, or
(c) the cubic space enclosed by a structure enclosing pipes, wires, cables or ducts referred to in paragraph (b).
(a) the original owner of the strata scheme, or
(b) a person, other than the original owner, who is the owner of a development lot within the strata plan.
(a) defines by lines (each a
base line ) the base of the vertical boundaries of each cubic space forming the whole of a proposed lot, or the whole of a part of a proposed lot, to which the plan relates, and(b) shows—
(i) the floor area of each proposed lot, and
(ii) if a proposed lot has more than one part—the floor area of each part together with the aggregate of the floor areas of the parts, and
(c) if a proposed lot or part of a proposed lot is superimposed on another proposed lot or part—shows the separate base lines of the proposed lots or parts, by reference to floors or levels, in the order in which the superimposition occurs.
(a) in relation to a lot or common property in a freehold strata scheme, a folio of the Register for the lot or common property, or
(b) in relation to a lot or common property in a leasehold strata scheme, a folio of the Register for a lease of the lot or common property.
(a) the council of the area under the Local Government Act 1993 in which the land is situated, or
(b) a person declared by the regulations to be the local council for the land for the purposes of this Act or any specified provision of this Act.
(a) relates to land the subject of a proposed strata scheme, and
(b) if the scheme does not relate to a proposed part strata parcel—delineates the perimeter of the land and the location, in relation to the perimeter, of each—
(i) building on the land, and
(ii) proposed lot or part of a proposed lot not within a building, and
(c) if the scheme relates to a proposed part strata parcel—
(i) delineates the perimeter of the site of the building of which the proposed part strata parcel forms part and the location, in relation to the perimeter, of the building and proposed part strata parcel, and
(ii) delineates the location, in relation to the perimeter of the proposed part strata parcel, of the part of the building the subject of the proposed strata scheme and each proposed lot or part of a proposed lot not within the building, and
(d) shows the particulars prescribed by the regulations.
(a) of a freehold strata scheme means the person who held the fee simple in the parcel the subject of the scheme when the strata plan for the scheme was registered, or
(b) of a leasehold strata scheme means the person who, immediately after registration of the strata plan for the scheme, is entitled to a leasehold estate in all the lots in the scheme or is entitled to a leasehold estate in 2 or more lots in the scheme with total unit entitlements exceeding more than two-thirds of the aggregate unit entitlement of the lots in the scheme.
Under section 43 (1), a lessor of a leasehold strata scheme may be taken to be the owner of a lot in the scheme if the lessor is entitled to immediate possession of the lot.
(a) in relation to a strata scheme, the land comprising the lots and common property in the scheme, or
(b) in relation to a plan lodged for registration as a strata plan, the land comprised in the plan.
(a) a development consent within the meaning of the Environmental Planning and Assessment Act 1979, or
(b) an approval under Part 3A or Part 5.1 of that Act.
(a) has membership of the Australian Valuers Institute (other than associate or student membership), or
(b) has membership of the Australian Property Institute (other than student or provisional membership), acquired in connection with his or her occupation as a valuer, or
(c) has membership of the Royal Institution of Chartered Surveyors as a chartered valuer, or
(d) is of a class prescribed by the regulations.
(a) relating to a proposed lot comprised in the plan, and
(b) containing provisions to the effect that the lease is in substitution for a lease determined or otherwise affected by the proposed subdivision or consolidation, and
(c) having terms all of which are expressed to commence on registration of the plan and to expire at the same time as any lease to be determined, and
(d) if the lease confers rights of renewal—having the same renewal terms as any lease to be determined.
(a) is created by an Act or an Act of the Parliament of the Commonwealth, and
(b) affects a lot or common property, and
(c) is enforceable against an owner of the lot or an owners corporation.
(a) the way a parcel is subdivided under this Act into lots or lots and common property, and
(b) the way unit entitlements are allocated under this Act among the lots, and
(c) the rights and obligations, between themselves, of owners of lots, other persons having proprietary interests in or occupying the lots and the owners corporation, as conferred or imposed under this Act or the Strata Schemes Management Act 2015.
(a) from common property or another lot, or
(b) if the lot is a lot in a part strata parcel—from a part of a building that is not within the parcel.
(a) the Sydney Water Corporation, the Hunter Water Corporation or a water supply authority within the meaning of the Water Management Act 2000, or
(b) a council or county council exercising water supply, sewerage or stormwater drainage functions under Division 2 of Part 3 of Chapter 6 of the Local Government Act 1993.
The Interpretation Act 1987 contains definitions and other provisions that affect the interpretation and application of this Act.
Notes included in this Act do not form part of this Act.
In this Act, land is contiguous to other land even if it is divided, or separated from the other land, by a natural feature (for example, a watercourse), a railway, a road, a public reserve or a drainage reserve.
For the purposes of this Act, the boundaries of a lot shown on a floor plan are—
(a) except as provided by paragraph (b)—
(i) for a vertical boundary in which the base of a wall corresponds substantially with a base line—the inner surface of the wall, and
(ii) for a horizontal boundary in which a floor or ceiling joins a vertical boundary of the lot—the upper surface of the floor and the under surface of the ceiling, or
(b) the boundaries described on the floor plan relating to the lot, in the way prescribed by the regulations, by reference to a wall, floor or ceiling in a building to which the plan relates or to common infrastructure within the building.
In this section—
In this Act,
(a) one or more lots to create only 2 or more different lots, or
(b) one or more lots to create one or more different lots and common property, or
(c) one or more lots and common property to create one or more different lots or one or more different lots and common property, or
(d) common property to create one or more lots.
However,
This Act is to be read and interpreted with the Real Property Act 1900 as if it formed part of that Act, and that Act applies to lots and common property in the same way as it applies to other land.
However, if a provision of this Act is inconsistent with a provision of the Real Property Act 1900, this Act prevails to the extent of the inconsistency.
Words and expressions used in this Act have the same meanings as in the Real Property Act 1900 unless they are defined differently in this Act or the context or subject-matter otherwise indicates or requires.
The following land may be subdivided into lots, or lots and common property, by the registration of a plan as a strata plan—
(a) land including the whole of a building and consisting of one current plan lot or 2 or more contiguous current plan lots,
(b) land including part only of a building and consisting of one current plan lot or 2 or more current plan lots (whether contiguous or not).
For the purpose of creating a leasehold strata scheme, land that is subject to a lease or leases may be subdivided under this section.
Land that is a development lot in a strata plan cannot be subdivided under this section.
See section 14 for subdivision of land that is a development lot.
In this section—
A plan intended to be registered as a strata plan must—
(a) include a location plan, a floor plan and an administration sheet, and
(b) specify or be accompanied by proposed by-laws as follows—
(i) if model by-laws are proposed to be adopted for the strata scheme—specify the model by-laws to be adopted and, if the model by-laws include any alternative versions of any by-law, specify the version to be adopted,
(ii) if by-laws other than model by-laws are proposed to be adopted for the strata scheme—be accompanied by a copy of the other by-laws in the approved form and signed by the persons required to sign the plan under section 22 (1), and
Note— For the matters in relation to which by-laws other than model by-laws may be made, see Part 7 of the Strata Schemes Management Act 2015.
(c) if the proposed strata plan is intended to create a development lot—be accompanied by—
(i) the strata development contract relating to the lot, and
(ii) the certificate of the planning authority given under section 75 (2), unless the plan is lodged by the Crown, and
(d) if the proposed strata plan is intended to create a part strata parcel—be accompanied by a strata management statement, unless the requirement for a strata management statement is waived under section 99 (2), and
(e) indicate whether the proposed strata plan is intended to create a freehold strata scheme or a leasehold strata scheme.
If the floor plan for the proposed strata scheme does not provide for common property, the floor plan 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.
The administration sheet for the proposed strata scheme must include the following—
(a) a proposed schedule of unit entitlement relating to the scheme that complies with clause 2 of Schedule 2,
(b) the address for service of documents on the proposed owners corporation,
(c) a strata certificate for the proposed strata plan,
(d) a surveyor’s certificate for the proposed strata plan,
(e) a valuer’s certificate for the proposed schedule of unit entitlement,
(f) any other information or document prescribed by the regulations.
Subsection (3) (c) does not apply to a plan lodged by the Crown. See section 199 (2).
The Registrar-General may refuse to register a plan as a strata plan if the Registrar-General considers that the boundaries of the land over which the plan is to be registered are not sufficiently defined in a plan registered under Division 3 of Part 23 of the Conveyancing Act 1919.
In this section—
If a proposed strata plan is intended to create a leasehold strata scheme, the Registrar-General must not register the plan unless—
(a) separate leases for, or that correspond to, each lot and the common property shown on the plan are registered, or have been lodged for registration, under the Real Property Act 1900, and
(b) the separate leases are all expressed to expire at the same time and, if the leases confer rights of renewal, the renewal terms are the same, and
(c) if the separate leases have been lodged for registration under the Real Property Act 1900—the terms of the leases are all expressed to commence on registration of the plan.
A plan that, under this Act, is lodged for registration as a strata plan for a leasehold strata scheme and is required to be accompanied by a lease or leases to be registered under the Real Property Act 1900 is taken to have been registered only when the lease or leases are registered under that Act.
Subsection (2) applies if, immediately before registration of a strata plan for a leasehold strata scheme, the whole of the parcel was subject to a lease or leases registered under the Real Property Act 1900 (each a
On registration of the strata plan—
(a) each registered lease is determined (each a
determined lease ) to the extent it related to the lots and common property, and(b) any estate, interest or caveat affecting a determined lease affects a replacement lease to the extent it relates to the lots, and
(c) all rights and obligations of the lessee, under a determined lease, existing immediately before the registration continue to be exercisable, or may be discharged, by that lessee as if the lease had not been determined, other than to the extent that the rights and obligations are—
(i) inconsistent with the provisions of a replacement lease, or
(ii) varied by the relevant parties.
Subsection (4) applies if, immediately before registration of a plan as a strata plan for a leasehold strata scheme, the parcel was subject to 2 or more registered leases intended to subsist after registration of the plan as leases of the lots shown on the plan.
On registration of the strata plan—
(a) each lease that, immediately before the registration, was a lease of a part of the parcel that corresponds to a lot shown on the plan becomes a lease of that lot for the remainder of the term of the lease, subject to any estate, interest or caveat affecting the lease immediately before the registration, and
(b) if any part of the parcel comprised in the plan is shown as common property, a lease affecting that part immediately before the registration is determined to the extent it relates to the common property.
A lot or common property may be subdivided by the registration of a plan as a strata plan of subdivision.
In subsection (1)—
The plan must—
(a) include a location plan (if required by the Registrar-General), a floor plan and an administration sheet, and
(b) if the plan is for a leasehold strata scheme—be accompanied by the replacement leases for the plan.
If land comprised in the plan is held by the original owner of the strata scheme, the plan must not be registered unless—
(a) the initial period has expired, or
(b) the original owner owns all lots in the scheme, or
(c) an order has been made under section 27 of the Strata Schemes Management Act 2015 authorising the registration of the plan.
If the proposed strata plan of subdivision is intended to subdivide common property to which a common property rights by-law relates, the by-law must be repealed or amended so it does not relate to the common property intended to be subdivided.
The administration sheet for the plan must include the following—
(a) a proposed schedule of unit entitlement relating to the strata scheme that complies with clause 3 or 4 of Schedule 2,
(b) a strata certificate for the proposed strata plan of subdivision,
(c) a surveyor’s certificate for the proposed strata plan of subdivision,
(d) a valuer’s certificate for the proposed schedule of unit entitlement,
(e) any other information or document prescribed by the regulations.
Subsection (6) (b) does not apply to a plan lodged by the Crown. See section 199 (2).
A development lot may be subdivided into lots, or lots and common property, by the registration of a plan as a strata plan of subdivision that complies with the relevant development contract.
The plan must—
(a) include a location plan, a floor plan and an administration sheet, and
(b) if the plan is for a leasehold strata scheme—be accompanied by the replacement leases for the plan.
The administration sheet for the plan must include the following—
(a) a proposed schedule of unit entitlement relating to the strata scheme that complies with clause 5 of Schedule 2,
(b) a strata certificate for the proposed strata plan of subdivision,
(c) a surveyor’s certificate for the proposed strata plan of subdivision,
(d) a valuer’s certificate for the proposed schedule of unit entitlement,
(e) any other information or document prescribed by the regulations.
Subsection (3) (b) does not apply to a plan lodged by the Crown. See section 199 (2).
In this section—
Two or more lots may be consolidated into one lot by the registration of a plan as a strata plan of consolidation.
The plan must—
(a) include an administration sheet, and
(b) if the plan is for a leasehold strata scheme—be accompanied by the replacement leases for the plan.
The administration sheet for the plan must include a surveyor’s certificate for the proposed strata plan of consolidation.
Subsection (5) applies in relation to the consolidation of lots if the owners corporation of the strata scheme—
(a) agrees to the consolidation by special resolution, and
(b) signs the proposed strata plan of consolidation.
Any common property in a wall, floor or ceiling that is a boundary between any of the lots being consolidated ceases to be common property and vests in the owner of the consolidated lot on registration of the plan as a strata plan of consolidation.
On the registration of a plan as a strata plan of subdivision or strata plan of consolidation for a leasehold strata scheme—
(a) a lease of a development lot, or other lot the subject of the subdivision or consolidation, is determined (each a
determined lease ), and(b) a lease of common property ceases to apply to a lot created by the subdivision or consolidation, and
(c) any estate, interest or a caveat affecting a determined lease affects the replacement leases accompanying the plan to the extent they relate to lots, and
(d) the leasehold estate in any common property created vests in the owners corporation as lessee for the remainder of the term of the lease of the common property, and
(e) all rights and obligations of the lessee, under a determined lease, existing immediately before the registration continue to be exercisable, or may be discharged, by the lessee as if the lease had not been determined, other than to the extent that the rights and obligations are—
(i) inconsistent with the provisions of a replacement lease, or
(ii) extinguished or varied by the relevant parties.
A plan that, under this Act, is lodged for registration as a strata plan of subdivision for a leasehold strata scheme and is required to be accompanied by a lease or leases to be registered under the Real Property Act 1900 is taken to have been registered only when the lease or leases are registered under that Act.
One or more lots in a strata scheme may be converted into common property by the registration of a notice as a notice of conversion, if the owners corporation, by special resolution, authorises the proposed conversion.
The notice must—
(a) be in the approved form, and
(b) be signed by—
(i) the owners corporation, and
(ii) the owner of the lot or lots to be converted, and
(iii) if the notice is for a leasehold strata scheme—the lessor of the strata scheme, and
(c) be accompanied by a strata certificate for the notice of conversion.
Subsection (2) (c) does not apply to a notice lodged by the Crown. See section 199 (2).
However, if part or all of the land to be converted is held by the original owner, the notice must not be registered unless—
(a) the initial period has expired, or
(b) the original owner owns all lots in the strata scheme, or
(c) an order has been made under section 27 of the Strata Schemes Management Act 2015 authorising the registration of the notice.
Also, the Registrar-General must not register a notice of conversion unless each mortgage, charge, covenant charge, lease, caveat or writ recorded in the folio for the lot or lots to be converted has been discharged, surrendered, withdrawn or otherwise disposed of.
On the registration of a notice of conversion for a leasehold strata scheme—
(a) the lease of a lot converted into common property is determined, and
(b) the lot vests in the owners corporation as lessee for the remainder of the term specified in the lease of the common property.
This section applies if a building of a strata scheme is altered—
(a) by demolishing a wall, floor, ceiling or common infrastructure, and a boundary of a lot was, immediately before the alteration—
(i) the inner surface or any part of the wall, the upper surface or any part of the floor or the under surface or any part of the ceiling, or
(ii) defined in terms of or by reference to the wall, floor, ceiling or common infrastructure, or
(b) by constructing a wall, floor or ceiling so that a boundary of a lot coincides with the inner surface or any part of the wall, the upper surface or any part of the floor or the under surface or any part of the ceiling.
The owner of the lot must, within one month after the demolition or construction is completed, lodge a plan complying with subsection (3) for registration as a building alteration plan.
Maximum penalty—5 penalty units.
The plan must—
(a) define by lines the base of each vertical boundary of the lot after the alteration of the building, and
(b) include an administration sheet.
The administration sheet must include—
(a) a certificate in the approved form given by a registered land surveyor certifying that—
(i) the wall, floor, ceiling or common infrastructure has been demolished or constructed, and
(ii) any wall, floor or ceiling referred to in subsection (1) (b) is wholly within the perimeter of the parcel other than to the extent of any encroachment onto a public place or, if any part of the building encroaches on land other than a public place, that an appropriate easement exists, and
(b) any other information or document prescribed by the regulations.
On the registration of a building alteration plan showing an encroachment onto a public place, the Registrar-General must give a copy of the plan to the local council for the place.
The copy may be on a scale that is different from the original plan.
(Repealed)
The Registrar-General must not register a plan as a strata plan unless it is signed by all of the following—
(a) the registered proprietor of the land comprised in the plan,
(b) each registered mortgagee, chargee or covenant chargee of the land,
(c) if the plan is for a leasehold strata scheme—
(i) each lessee under a registered lease of the land or part of it, and
(ii) each registered mortgagee or chargee under a mortgage of, or charge affecting, a lease referred to in subparagraph (i).
The Registrar-General must not register a plan as a strata plan of subdivision, strata plan of consolidation or building alteration plan unless it is signed by all of the following—
(a) the registered owner of the land comprised in the plan,
(b) each registered mortgagee, chargee or covenant chargee of the land,
(c) if the plan relates to common property—the owners corporation of the strata scheme,
(d) if the plan is for a leasehold strata scheme—the lessor of the scheme.
Also, the Registrar-General may refuse to register a plan referred to in subsection (1) or (2) unless written consent to its registration is lodged and is signed by each of the following the Registrar-General considers appropriate in the circumstances—
(a) the judgment creditor under any writ recorded in a folio for the land,
(b) the caveator under a caveat affecting any estate or interest in the land,
(c) the registered lessee of the land.
Despite subsection (1) or (2), the Registrar-General may, without giving notice to any person, waive the requirement for a person mentioned in the subsections to sign a plan.
Common property may be dealt with only in accordance with this Act and the Strata Schemes Management Act 2015.
This section applies if common property in a strata scheme is created by registration of a strata plan, strata plan of subdivision or notice of conversion.
On registration of the plan or notice, the common property—
(a) vests in the owners corporation of the strata scheme, and
(b) is freed and discharged from any mortgage, charge, covenant charge, writ or caveat affecting the land, and
(c) if the common property is land in a freehold strata scheme—is freed and discharged from any lease affecting the land immediately before registration of the plan or notice, other than a lease that is necessary for the purpose of providing a service to the scheme.
The Registrar-General must, on registration of a strata plan, create a folio for the estate or interest of the owners corporation in the common property.
Subsection (2) does not affect a right or remedy that may be exercised otherwise than in relation to common property by a person who is a mortgagee, chargee, covenant chargee, lessee, judgment creditor or caveator, even if the person signed or consented to the registration of the plan or signed the notice creating the common property.
For the purpose of creating or creating additional common property, the owners corporation of a strata scheme may, by special resolution, accept a lease or sublease, or a transfer of a lease or sublease, of land if—
(a) the land is contiguous to the parcel or the owners corporation considers the land is otherwise relevant to the strata scheme (whether or not the land is within the parcel or is contiguous to the parcel), and
(b) the land is not subject to a mortgage, charge, covenant charge or writ, and
(c) if the strata scheme is a leasehold strata scheme—the term of the lease or sublease does not expire after the term of the lease of the common property.
Also, for the purpose of creating or creating additional common property, the owners corporation of a freehold strata scheme may, by special resolution, accept a transfer of land that—
(a) is contiguous to the parcel, and
(b) is not subject to a mortgage, charge, covenant charge or writ.
If the strata scheme forms part of a community scheme, the Registrar-General may refuse to register a transfer of land creating or creating additional common property in the scheme unless the community scheme is appropriately amended by any necessary dealings registered under the Community Land Development Act 2021.
In this section—
As soon as practicable after accepting a dealing under section 25, the owners corporation must lodge the dealing evidencing the transaction for registration under the Real Property Act 1900.
The dealing must be accompanied by a certificate, in the form approved by the Registrar-General, under the seal of the owners corporation certifying that the owners corporation authorised the dealing by special resolution.
If the dealing is a transfer of land, it may be registered only if a plan showing the transferred land and the original parcel as a single lot is registered under the Conveyancing Act 1919.
On the registration of an accepted lease or sublease, the leasehold interest becomes common property.
On the registration of a transfer of land, the land becomes common property.
An owners corporation may, by special resolution and with the lessor’s or sublessor’s agreement, surrender an accepted lease or sublease.
The owners corporation of a strata scheme holds the common property in the scheme as agent for the owners as tenants in common in shares proportional to the unit entitlement of the owners’ lots.
An owner’s interest in the common property cannot be severed from, or dealt with separately from, the owner’s lot.
A dealing or caveat relating to an owner’s lot affects the owner’s interest in the common property even if the common property is not expressly referred to in the dealing or caveat.
If a strata plan that does not contain common property is registered, the Registrar-General must create a folio and record in it in the way the Registrar-General considers appropriate—
(a) a statement that the strata scheme does not contain common property, and
(b) the name of the owners corporation and the address for service of notices on it, and
(c) the schedule of unit entitlement for the scheme, and
(d) particulars of the by-laws specified in the strata plan for the scheme.
During any period in which a folio created under subsection (1) or section 24 (3) does not contain common property, the Registrar-General must record in the folio—
(a) any change in the address for service of notices on the owners corporation, notice of which has been lodged under section 265 of the Strata Schemes Management Act 2015, and
(b) any change in the by-laws for the strata scheme, notification of which has been lodged under section 141 of the Strata Schemes Management Act 2015, and
(c) any other matter that, by or under this Act or any other Act, the Registrar-General is required or authorised to make in the folio.
A reference in this Act to a folio includes a reference to a folio created under section 24 (3) or 29 (1) during any period in which it does not contain common property.
To the extent a provision of the Real Property Act 1900 can apply to a folio referred to in subsection (1), a reference in the provision to a folio includes a reference to a folio referred to in subsection (1) during any period for which the folio does not contain common property.
(Repealed)
In a folio for common property, it is sufficient that the land comprised in the common property is described as the common property in a designated strata plan without defining its area or dimensions.
A folio for common property is taken to certify title to the common property, other than common property the subject of an accepted lease or sublease, in the strata scheme as the common property may exist from time to time.
The Registrar-General must, in the way the Registrar-General considers appropriate, record the following in a folio for common property in a strata scheme—
(a) the name of the owners corporation,
(b) the address for service of notices on the owners corporation,
(c) the schedule of unit entitlement for the scheme,
(d) any easement benefiting or burdening the parcel and any restriction on the use of land or positive covenant burdening the parcel,
(e) particulars of the by-laws specified in the strata plan for the scheme, and any change in the by-laws, notification of which has been lodged under section 141 of the Strata Schemes Management Act 2015,
(f) any other matter that, by or under this Act or another Act, the Registrar-General is required or authorised to make in the folio.
The Registrar-General must not record the following in the folio for a lot in a strata scheme—
(a) an easement that burdens the common property in the scheme or benefits the common property or the whole parcel,
(b) an easement acquired by resumption, to the extent that it affects common property,
(c) a restriction on the use of land or a positive covenant that burdens the common property or the whole parcel.
The Registrar-General must record an easement, restriction or positive covenant referred to in subsection (1) in the folio for the common property in the strata scheme.
However, the easement, restriction or positive covenant affects a lot in the strata scheme—
(a) to the extent that it can affect the lot, and
(b) as if it were recorded in the folio for the lot.
The Registrar-General must not record a mortgage, charge, covenant charge or writ in the folio for the common property in a strata scheme.
The owners corporation of a freehold strata scheme may—
(a) by special resolution, transfer or lease common property, other than common property the subject of an accepted lease or sublease, and
(b) by special resolution, and if not prevented by the terms of the lease or sublease, transfer an accepted lease or sublease of common property or grant a sublease of that lease or sublease, and
(c) by special resolution, and in accordance with section 55A of the Real Property Act 1900, execute a variation of a lease or sublease granted or transferred under paragraph (a) or (b).
The owners corporation of a leasehold strata scheme may—
(a) by special resolution, and with the lessor’s consent and if not prevented by the terms of the lease, transfer a lease of part of the common property or grant a sublease of the part, and
(b) by special resolution, and with the lessor’s consent, execute a variation of a lease or sublease referred to in paragraph (a) in accordance with section 55A of the Real Property Act 1900.
The owners corporation of any strata scheme may, by special resolution—
(a) accept a surrender of a lease or sublease granted under this section, or
(b) re-enter the lease or sublease, if otherwise authorised.
If the strata scheme forms part of a community scheme, the Registrar-General may refuse to register a transfer of common property unless the community scheme is appropriately amended by any necessary dealings registered under the Community Land Development Act 2021.
The owners corporation of a strata scheme may, by special resolution—
(a) execute a dealing creating or varying an easement that burdens the common property in the scheme, or a restriction on the use of land or a positive covenant that burdens the common property or the whole parcel, or
(b) execute a dealing releasing or varying an easement, a restriction on the use of land or a positive covenant that benefits the common property or the whole parcel.
The owners corporation of a strata scheme may, by ordinary resolution—
(a) accept a dealing creating an easement, a restriction on the use of land or a positive covenant that benefits the common property in the scheme or the whole parcel, or
(b) accept a dealing releasing an easement that burdens the common property, or a restriction on the use of land or a positive covenant that burdens the common property or the whole parcel.
The owners corporation of a strata scheme may, by special resolution, dedicate common property in the scheme as a public road, public reserve or drainage reserve by registration of a plan under Division 3 of Part 23 of the Conveyancing Act 1919.
However, common property may be dedicated as public reserve only if there is an adjoining public road or other public place giving access to the reserve by the public.
Also, common property in a leasehold strata scheme may be dedicated under this section only with the consent of the lessor of the scheme.
If the strata scheme forms part of a community scheme, the Registrar-General may refuse to register a plan referred to in subsection (1) unless the community scheme is appropriately amended by any necessary dealings registered under the Community Land Development Act 2021.
An owners corporation of a strata scheme must not execute a dealing for the purposes of this Division that disposes of common property in the scheme unless—
(a) any common property rights by-law that relates to the common property being disposed of has been repealed or amended so it does not relate to the common property, and
(b) each registered interest in the common property being disposed of has been released or the dealing has been made subject to the interest, and
(c) each statutory interest, or other interest that is not registered, in the common property being disposed of and of which the owners corporation has been notified has been released.
A dealing lodged for registration under the Real Property Act 1900 or the Conveyancing Act 1919 for the purposes of this Division must not be registered unless it is accompanied by a certificate under the seal of the owners corporation certifying that—
(a) the resolution authorising the dealing was a special resolution or ordinary resolution (as required under this Division), and
(b) the resolution was passed after the expiration of the initial period, and
(c) subsection (1) (c) has been complied with.
Subsection (2) (b) does not apply to a dealing if—
(a) the original owner owns all lots in the strata scheme, or
(b) an order has been made under section 27 of the Strata Schemes Management Act 2015 authorising the registration of the dealing.
The certificate is conclusive evidence of the facts stated in the certificate in favour of the Registrar-General and any person taking under the dealing or benefiting by the registration of the dealing.
This section does not prevent—
(a) the execution in accordance with section 87 of a dealing by an owners corporation, or by a developer on behalf of the owners corporation, to give effect to a decision about a development concern, or
(b) the registration of a dealing referred to in paragraph (a).
A dealing executed by an owners corporation for the purposes of this Division is as valid and effective as it would be if it were also executed by the owners of all the lots in the strata scheme.
The receipt of the owners corporation for an amount payable to it in relation to a dealing is a sufficient discharge for the payment and exonerates each person paying the amount from any responsibility for its application.
Section 88B of the Conveyancing Act 1919 applies to a strata plan, strata plan of subdivision and strata plan of consolidation in the same way it applies to a plan referred to in that section relating to land under the Real Property Act 1900.
Sections 195F, 195H, 195J, 196 and 196AA of the Conveyancing Act 1919 apply in relation to a plan lodged for registration as a strata plan, strata plan of subdivision, strata plan of consolidation or building alteration plan in the same way the sections apply to plans referred to in the sections.
If an encroachment is shown on a proposed strata plan, strata plan of subdivision or building alteration plan, this Act applies to the encroachment—
(a) to the extent it is designated for use with a lot—as if it were part of the lot, or
(b) otherwise—as if it were common property.
However, this section does not apply to a provision of this Act relating to ownership and certification of title.
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 give effect to by-laws that have not been lawfully made.
The provisions of the Conveyancing Act 1919 relating to leases of land apply to a lease of a lot or common property in a leasehold strata scheme other than to the extent the provisions are inconsistent with this Act or the regulations.
The lessor of a leasehold strata scheme may be the owner of any lot in the scheme despite any law relating to the merger of leasehold and reversionary estates in land.
Except as expressly provided by Division 6 of Part 2, a provision in the lease of a lot or common property in a leasehold strata scheme that purports to require the consent of the lessor of the scheme to any dealing with the lease is void.
For the purposes of this Act, a lessor of a leasehold strata scheme who is entitled to immediate possession of a lot in the scheme because of the determination of a lease is taken to be the owner of the lot.
Subsection (1) does not confer or impose on the lessor a right or obligation created by a lease, sublease, mortgage, charge or covenant charge to which a former owner was subject.
Subject to subsection (4) and section 122 of the Conveyancing Act 1919, the lessor of a leasehold strata scheme may grant further leases of a lot in the scheme, including a further lease to the lessor, at any time before the scheme is terminated.
If a lease is granted under subsection (1) to commence when the lease of the common property expires, the lessor must also grant a further lease of the common property to the owners corporation.
Subsection (4) applies if, in relation to a leasehold strata scheme—
(a) the owners of lots the sum of whose unit entitlements is at least four-fifths of the aggregate unit entitlement and the owners corporation have, at least 6 months before the expiration of the terms of the leases, given written notice in accordance with subsection (5) to the lessor of their intention to exercise their rights to renew their leases, and
(b) the right to a further lease containing specified provisions has been granted, in writing signed by the lessor, to the owners and owners corporation by the lessor.
The lessor must, at least 3 months before the terms of the leases expire, grant—
(a) further leases of the lots to the owners, and
(b) a further lease of the common property to the owners corporation.
However, see section 45 for when a lessor may refuse to grant a further lease.
The notice referred to in subsection (3) (a) must be accompanied by a lease, for execution by the lessor, in the approved form and contain the specified provisions referred to in subsection (3) (b).
The terms of all leases granted under this section in relation to a parcel, other than a further lease that commences during the term of another lease of the lot or the common property and that is expressed to expire at the same time as the other lease, must—
(a) commence at the expiration of the terms of the leases they are intended to replace, and
(b) expire at the same time.
If a lease granted under this section confers on the owner a right of renewal, the renewal term must be the same as that to which each other owner of a lot in the strata scheme is entitled.
The lessor of the strata scheme may execute a further lease of common property in the scheme as agent for the owners corporation, unless the lease is granted under subsection (4).
A right to a further lease of a lot or common property may not be exercised otherwise than in accordance with this section.
The lessor of a leasehold strata scheme may refuse to grant a further lease of a lot to an owner if—
(a) the owner has breached a provision of the lease of the lot and the breach has not been remedied, or
(b) the owner has not complied with a provision of the lease for the renovation of improvements comprised in the lot.
The lessor of a leasehold strata scheme may refuse to grant a further lease of the common property to the owners corporation if—
(a) the owners corporation has breached a provision of the lease of the common property and the breach has not been remedied, or
(b) the owners corporation has not complied with a provision of the lease for the renovation of improvements comprising common property.
If a lessor refuses to grant a further lease of the common property in a leasehold strata scheme, the lessor must also refuse to grant further leases of lots in the scheme.
This section applies despite section 44 (4).
This section applies—
(a) if the lease of a lot in a leasehold strata scheme is subject to a registered mortgage, charge or covenant charge, and
(b) despite section 129 (6) of the Conveyancing Act 1919.
A right of re-entry or forfeiture under the lease for a breach of a covenant, condition or agreement (express or implied) in the lease may not be exercised unless the lessor has served on the mortgagee, chargee or covenant chargee a copy of the notice relating to the breach served on the owner under section 129 of the Conveyancing Act 1919.
If a lessor has brought legal proceedings to enforce a right of re-entry or forfeiture under a lease of a lot in a leasehold strata scheme, the Supreme Court may, on application by a mortgagee, chargee or covenant chargee of the lot make an order—
(a) staying the proceedings on the terms the Supreme Court considers just and equitable, and
(b) vesting, for the remaining term of the lease or a shorter term, the lease of the lot in the mortgagee, chargee or covenant chargee on the conditions the court considers just and equitable, including, for example, conditions relating to—
(i) the execution of a dealing or other document, or
(ii) the payment of rent, or
(iii) costs, expenses, damages or compensation, or
(iv) the giving of a security.
The order may be made—
(a) in proceedings brought for the purpose by the mortgagee, chargee or covenant chargee, or
(b) in the proceedings brought by the lessor that are already in the Supreme Court.
If—
(a) under the leases of the lots in a leasehold strata scheme, the owners have rights to acquire the lessor’s reversion in the lots, or
(b) the lessor otherwise confers on the owners rights to acquire the lessor’s reversion in the lots,
the owners corporation may, by special resolution at a meeting convened to determine whether the rights are to be exercised and held before the scheme is terminated under section 148 or otherwise, authorise the conversion of the scheme into a freehold strata scheme.
Under section 148, a leasehold strata scheme may be terminated if all leases of lots and common property in the scheme expire or are otherwise determined.
The rights referred to in subsection (1) may not be exercised unless a special resolution is passed in accordance with the subsection.
If the special resolution is passed, each owner may exercise the right to acquire from the lessor the reversion in the owner’s lot.
Despite section 25, if an owner has not, within 6 weeks after the date of the meeting, acquired the reversion in the owner’s lot, the owners corporation may, by unanimous resolution, acquire the reversion in and the lease of the lot.
If the reversion in a lot has not, within 3 months after the date of the meeting, been acquired by the owner of the lot or the owners corporation, the lessor may acquire the lease of the lot.
If there is no outstanding reversion in a lot in the leasehold strata scheme, the lessor must immediately give the Registrar-General notice in the approved form of—
(a) the passing of the special resolution authorising the conversion of the scheme, and
(b) the disposal of the reversionary estates in all lots in the scheme.
If the reversion in any lot has not, within 6 months after the date of the meeting, been disposed of in accordance with this section, the lessor must give the Registrar-General notice in the approved form of—
(a) the passing of the special resolution authorising the conversion of the scheme, and
(b) the disposal of the reversionary estates in the lots the reversion in which has been acquired or the leases of which have been acquired in accordance with this section, and
(c) the identity of each lot the reversion in which, or lease of which, has not been acquired.
A notice required to be given under this section by the lessor may be given by the owners corporation, an owner or another person.
This section applies if the Registrar-General receives a notice given under section 48 and an application in the approved form before the leasehold strata scheme to which the notice and application relate is terminated.
The Registrar-General must, if satisfied that the application has been properly made, record in the Register the matters the Registrar-General considers appropriate to effect the merger of the leasehold and reversionary estates.
When the Registrar-General makes the record—
(a) the leasehold strata scheme becomes a freehold strata scheme, and
(b) the strata plan for the leasehold strata scheme becomes a strata plan for the freehold strata scheme, and
(c) subject to paragraph (e), each former lot in the leasehold strata scheme vests in the former owner of the lot for an estate in fee simple, and
(d) the former common property in the leasehold strata scheme, other than common property under an accepted lease or sublease, vests in the owners corporation for an estate in fee simple, and
(e) the fee simple estate in a lot in relation to which a merger has not been recorded in the Register is held subject to the former lease of the lot, and
(f) a registered mortgage, charge, covenant charge, easement, restriction on the use of land or positive covenant conferring or imposing rights or obligations in relation to the former leases of lots or the former lots confers or imposes equivalent rights or obligations in relation to the lots created, and
(g) a registered easement, restriction on the use of land or positive covenant conferring or imposing rights or obligations in relation to the former common property confers or imposes equivalent rights or obligations in relation to the common property created, and
(h) subject to paragraph (e), the former leases of each former lot and the former lease of the former common property are determined.
In this Part—
(a) an order of the kind referred to in item 2, 4, 8 or 9 of the table to section 121B of the Environmental Planning and Assessment Act 1979,
(b) an order of the kind referred to in item 21, 22, 23, 24 or 25 of the table to section 124 of the Local Government Act 1993,
(c) provisions of regulations made under the Environmental Planning and Assessment Act 1979 or the Local Government Act 1993 that are prescribed for the purposes of this definition.
Subject to this Act, a provision of the Conveyancing Act 1919, the Environmental Planning and Assessment Act 1979 or another Act relating to the way land is divided does not apply to a subdivision effected under Part 2.
This section does not affect a requirement to obtain planning approval for a subdivision.
For the purposes of this Act, a
(a) planning approval is required, and has been granted, for the subdivision the subject of the proposed plan and has not lapsed, or
(b) planning approval under paragraph (a) is not required but planning approval is required for the building, and has been granted for building work in relation to a building, or a change of use of a building, having proposed lots designed for separate occupation as illustrated by the plan, and has not lapsed.
For the purposes of this Act, a
(a) planning approval is required, and has been granted, to the conversion the subject of the notice and has not lapsed, or
(b) planning approval under paragraph (a) is not required but planning approval is required, and has been granted, for building work or a change of use associated with the conversion and has not lapsed.
An application for a strata certificate may be made only by—
(a) if the certificate relates to a strata plan—the registered proprietor of the land to which the application relates, or another person with the proprietor’s written consent, or
(b) if the certificate relates to a strata plan of subdivision or notice of conversion—the registered owner of the land to which the application relates, or another person with the owner’s written consent.
A local council must, on application made to it for a strata certificate in relation to a proposed strata plan that does not include a development lot, issue a strata certificate for the plan if—
(a) for land proposed to be subdivided that is within a water supply authority’s area of operations—the water supply authority has issued a certificate of compliance for the proposed subdivision, and
(b) the following requirements of subparagraphs (i)–(iii) or the following requirements of subparagraphs (iv)–(viii) are satisfied—
(i) a construction certificate has been issued under the Environmental Planning and Assessment Act 1979 in relation to the erection of each building containing a proposed lot to which the plan relates,
(ii) each proposed lot in the plan substantially corresponds with a part of any such building shown in the building plans accompanying the construction certificate and is designated in the building plans as being intended for separate occupation,
(iii) each building referred to in subparagraph (i) was completed not more than 12 months, or a longer period fixed by the local council in any particular case, before the application for the strata certificate was made,
(iv) separate occupation of the proposed lots in the plan will not contravene the Environmental Planning and Assessment Act 1979 or an environmental planning instrument,
(v) any consent required under that Act or instrument has been given in relation to the separate occupation of the proposed lots,
(vi) having regard to the circumstances of the case and the public interest, the local council is satisfied that the subdivision to which the plan relates will not interfere with the existing or likely future amenity of the neighbourhood,
(vii) the land proposed to be subdivided is not the subject of an outstanding order, requirement or notice,
(viii) if an order of the kind referred to in item 6 of the table to section 121B of the Environmental Planning and Assessment Act 1979 is in force in relation to the land proposed to be subdivided—the order has been complied with.
A local council must, on application made to it for a strata certificate in relation to a proposed strata plan that includes a development lot, or of a proposed strata plan of subdivision of a development lot, issue a strata certificate for the plan if—
(a) the requirements of subsection (1) (a) and (b) are satisfied, and
(b) the plan and each building to which the plan relates—
(i) satisfy the conditions of any planning approval relating to the plan and building, and
(ii) give effect to the stage of the strata development contract to which the plan and building relate.
However, for the purposes of subsections (1) (b) and (2) (a), if there is a relevant planning approval in force in relation to the proposed subdivision, the local council need not consider the requirement specified in subsection (1) (b) (vi).
Subsections (1) and (2) apply subject to this Part.
A local council must, on application made to it for a strata certificate in relation to a proposed strata plan of subdivision (other than a subdivision of a development lot) that does not subdivide or create common property in a strata scheme, send notice of the proposed subdivision by registered post to the owners corporation.
The notice must invite the owners corporation to give its views on the proposed subdivision within the period, of not less than 21 days after the notice was sent, specified in the notice (the
Subsection (1) does not apply to a local council if the application was accompanied by a certificate under the seal of the owners corporation certifying that the owners corporation has, by resolution, agreed to the proposed subdivision.
A local council may issue the strata certificate after considering—
(a) if the local council sent a notice referred to in subsection (1)—the representations, if any, made to it by the owners corporation within the specified period and whether the proposed subdivision would be likely—
(i) to detract from the external appearance of the building containing the lot the subject of the proposed subdivision, or
(ii) to render inadequate existing services to other lots in the strata scheme, or
(iii) to detract from the amenity or value of any other lot in the strata scheme by increasing the number and decreasing the size of lots within the building referred to in subparagraph (i), and
(b) if paragraph (a) does not apply in relation to the application—the requirements of section 54 (1) (b) (iv)–(vi) as if the reference in that section to a proposed strata plan were a reference to the proposed strata plan of subdivision.
A local council may, on application made to it for a strata certificate in relation to a proposed strata plan of subdivision (other than a subdivision of a development lot) that subdivides or creates common property, issue the certificate—
(a) if the plan, on lodgment with the council, was accompanied by a certificate under the seal of the owners corporation certifying that it has, by special resolution, agreed to the proposed subdivision, and
(b) after taking into consideration the requirements of section 54 (1) (b) (iv)–(vi) as if the reference in that section to a proposed strata plan were a reference to the proposed strata plan of subdivision.
However, if a relevant planning approval is in force in relation to the proposed subdivision, the local council need not consider—
(a) for the purposes of subsection (4)—the matters referred to in subsection (4) (a) or a requirement specified in section 54 (1) (b) (vi), and
(b) for the purposes of subsection (5)—a requirement specified in section 54 (1) (b) (vi).
A local council may, on application made to it for a strata certificate in relation to a proposed notice of conversion, issue the certificate if—
(a) the notice, on lodgment with the council, was accompanied by a certificate under the seal of the owners corporation certifying that it has, by special resolution, agreed to the proposed conversion, and
(b) the council is satisfied, having regard to the circumstances of the case and the public interest, that the proposed conversion will not interfere with the existing or likely future amenity of the neighbourhood.
However, the council need not be satisfied about the matter referred to in subsection (1) (b) if a relevant planning approval is in force in relation to the notice of conversion.
A local council must not issue a strata certificate unless—
(a) it complies with the regulations relating to the issue of strata certificates by a local council, and
(b) it is satisfied that any inspections prescribed by the regulations have been carried out.
Also, a local council must not issue a strata certificate in relation to a proposed strata plan, strata plan of subdivision or notice of conversion for which a relevant planning approval is not in force or is not required unless it has considered—
(a) whether the following will be appropriate to the proposed use of the building the subject of the plan or notice—
(i) the structural strength and load-bearing capacity of the building,
(ii) the measures to protect persons using the building, and to facilitate their egress from the building, in the event of fire,
(iii) the measures to restrict the spread of fire from the building to other buildings nearby, and
(b) whether the building complies, or will comply when completed, with the Category 1 fire safety provisions applicable to the building’s proposed use.
This section applies despite any other provision of this Division.
In subsection (2),
A registered certifier must, on application made to the certifier for a strata certificate in relation to a proposed strata plan that does not include a development lot, issue a strata certificate for the plan if—
(a) a relevant planning approval is in force in relation to the plan, and
(b) all conditions of the planning approval that are required to be complied with before a strata certificate may be issued have been complied with, and
(c) if the land proposed to be subdivided is 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 following requirements of subparagraphs (i)–(iii) or the following requirements of subparagraphs (iv)–(vii) are satisfied—
(i) a construction certificate has been issued under the Environmental Planning and Assessment Act 1979 in relation to the erection of each building containing a proposed lot to which the plan relates,
(ii) each proposed lot in the plan substantially corresponds with a part of any such building shown in the building plans accompanying the construction certificate and is designated in the building plans as being intended for separate occupation,
(iii) each building referred to in subparagraph (i) was completed not more than 12 months, or a longer period fixed by the relevant local council in any particular case, before the application for the strata certificate was made,
(iv) separate occupation of the proposed lots in the plan will not contravene the Environmental Planning and Assessment Act 1979 or an environmental planning instrument,
(v) any consent required under that Act or instrument has been given in relation to the separate occupation of the proposed lots,
(vi) the land proposed to be subdivided is not the subject of an outstanding order, requirement or notice,
(vii) if an order of the kind referred to in item 6 of the table to section 121B of the Environmental Planning and Assessment Act 1979 is in force in relation to the land proposed to be subdivided—the order has been complied with.
A registered certifier must, on application made to the certifier for a strata certificate in relation to a proposed strata plan that includes a development lot or a proposed strata plan of subdivision of a development lot, issue a strata certificate for the plan if—
(a) the requirements of subsection (1) (a)–(d) are satisfied, and
(b) the plan and each building containing a proposed lot to which the plan relates—
(i) satisfy the applicable planning approval conditions, and
(ii) give effect to the stage of the strata development contract to which the plan and building relate.
A registered certifier must, on application made to the certifier for a strata certificate in relation to a proposed strata plan of subdivision (other than a subdivision of a development lot) issue a strata certificate in relation to the plan if—
(a) the requirements of section 58 (1) (a), (b) and (d) (iv) and (v) are satisfied, and
(b) if the subdivision does not subdivide or create common property in a strata scheme—the owners corporation has certified that it has, by resolution, agreed to the proposed subdivision, and
(c) if the subdivision subdivides or creates common property in a strata scheme—the owners corporation has certified that it has, by special resolution, agreed to the proposed subdivision.
A registered certifier must, on application made to the certifier for a strata certificate in relation to a proposed notice of conversion, issue the certificate if—
(a) the requirements of section 58 (1) (a) and (b) are satisfied, and
(b) the owners corporation has certified that it has, by special resolution, agreed to the proposed conversion.
Despite any other provision of this Division, a registered certifier must not issue a strata certificate unless—
(a) the certifier complies with the regulations relating to the issue of strata certificates by a registered certifier, and
(b) the certifier is satisfied that any inspections prescribed by the regulations have been carried out.
This section applies to a proposed strata plan or strata plan of subdivision if a building to which the plan relates encroaches on a public place.
A local council may refuse to issue a strata certificate for the plan unless—
(a) the plan clearly indicates the existence, nature and extent of the encroachment, and
(b) the council is satisfied that retention of the encroachment in its existing state will not endanger public safety or unreasonably interfere with the amenity of the neighbourhood.
A registered certifier must refuse to issue a strata certificate for the plan unless—
(a) the plan clearly indicates the existence, nature and extent of the encroachment, and
(b) either—
(i) the building complies with a relevant planning approval in force in relation to the building with the encroachment, or
(ii) a relevant planning approval in force in relation to the subdivision the subject of the plan specifies the existence of the encroachment.
A strata certificate for the plan issued by a local council must refer to the existence of the encroachment and indicate that the local council does not object to the encroachment.
A strata certificate for the plan issued by a registered certifier must refer to the existence of the encroachment and indicate that—
(a) the local council has granted a relevant planning approval that is in force for the building with the encroachment, or
(b) the local council has granted a relevant planning approval that is in force for the subdivision the subject of the plan specifying the existence of the encroachment.
A person appointed or selected as mentioned in subclause (4) and whose term of office as a representative has not expired or been terminated is, while representing the owners corporation or other corporation for the purposes of the committee, taken to be the owners corporation or other corporation.
A strata management statement may include provisions regulating, or providing for the regulation of, any one or more of the following—
(a) the location, control, management, use and maintenance of a part of the building or its site that is a means of access,
(b) the storage and collection of garbage on and from the various parts of the building,
(c) meetings of the building management committee,
(d) the keeping of records of proceedings of the committee.
A strata management statement may include particulars relating to any one or more of the following—
(a) safety and security measures,
(b) the appointment of a managing agent,
(c) the control of unacceptable noise levels,
(d) prohibiting or regulating trading activities,
(e) service contracts,
(f) an architectural code to preserve the appearance of the building.
This clause does not limit the matters that may be included in a strata management statement.
A strata management statement may incorporate plans and other instruments as part of the statement.
A strata management statement is taken to include the following provisions, except to the extent that it provides otherwise—
(a) the building management committee must meet at least once a year,
(b) at least 7 days’ notice of a meeting must be given to each person who is a member of the committee (and notice may be given personally or by post or in any way any other notice may be given to the person under this Act),
(c) the quorum for a meeting of the committee is a majority of the members,
(d) the decision of a majority of the members present and voting at a meeting of the committee is the decision of the committee.
(Section 107 (2))
In this Schedule—
For the purposes of this Schedule, a reference to a person entitled to the benefit of a right of vehicular or personal access, or of an easement for a specified service, is a reference to—
(a) if a part strata parcel is the dominant tenement—
(i) an owner of a lot within the parcel, or
(ii) the owners corporation of the strata scheme, or
(iii) any person authorised by the owner or owners corporation, or
(iv) any person who is, under an Act, entitled to immediate possession of the lot, or
(b) if a part strata parcel is the servient tenement—
(i) a person entitled to an estate or interest in possession in the dominant tenement, or
(ii) if the strata scheme is a leasehold strata scheme—the lessor of the scheme, or
(iii) any person authorised by a person referred to in subparagraph (i) or (ii).
Each person entitled to the benefit of a right of vehicular access has at all times an unrestricted right—
(a) to pass and repass, with or without vehicles, machinery, implements and other equipment of any kind, over the roadways, ramps and land over which the right of access is created, and
(b) to carry out an inspection of the roadways, ramps and land.
Each person entitled to the benefit of a right of personal access has at all times an unrestricted right—
(a) to pass and repass, without vehicles but with or without hand tools, hand implements and other equipment capable of being carried by hand, over the stairs, escalators, lifts, passages, corridors, shafts and other areas over which the right of access is created, and
(b) to carry out an inspection of the stairs, escalators, lifts, passages, corridors, shafts and other areas.
If a right of vehicular or personal access is created to burden or benefit a part strata parcel, the roadways, ramps, land, stairs, escalators, lifts, passages, corridors, shafts and other areas to which the right relates must be maintained in good order and be repaired—
(a) by the owners corporation, or by another person shown in the instrument by which the right is created, or in any instrument in an approved form by which the instrument is varied, as having responsibility for the matters, or
(b) if an instrument referred to in paragraph (a) does not show who is responsible for the matters, by the person or, if more than one, jointly by the persons entitled to an estate or interest in possession in the dominant tenement.
If an owners corporation or another person—
(a) fails to carry out a responsibility imposed by subclause (1), and
(b) at least 7 days have passed since the failure first arose,
the owners corporation or other person may take all lawful steps necessary to ensure that the responsibility is carried out.
Each person entitled to the benefit of an easement for a specified service has at all times an unrestricted right—
(a) to the passage of the service, to any extent consistent with the rights of other persons having the same or similar rights, along or through any existing line of pipes or any existing apparatus that is for the time being within the burdened land, other than when it is necessary to stop the service for essential maintenance or repairs relating to the service, and
(b) to inspect the pipes or apparatus to which the easement relates, and
(c) for the purpose of maintaining the efficiency of the pipes or apparatus—
(i) to enter the part of the burdened land in relation to which the easement is created by a route that is reasonable in the circumstances, and
(ii) to remain on the part of the burdened land for the time reasonably necessary for the purpose of replacing, inspecting, cleaning, repairing, maintaining or renewing the pipes or apparatus or any part of the pipes or apparatus and of making reasonably necessary excavations.
Subclause (1) (c) is subject to the conditions that—
(a) the burdened land is disturbed as little as possible, and
(b) any excavated surface is restored as nearly as possible to its original state, and
(c) any other damage attributable to the operations referred to in this clause is repaired.
In this clause, a reference to burdened land is a reference to—
(a) if a part strata parcel is the dominant tenement, so much of the following that is not part of a parcel—
(i) the building, part of which is subject to the strata scheme,
(ii) the site of the building, or
(b) if a part strata parcel is the servient tenement, the parcel.
If an easement for services is created to burden or benefit a part strata parcel, the pipes or apparatus to which the easement relates must be maintained in good order and be repaired—
(a) by the owners corporation, or by another person shown in the instrument by which the easement is created, or in any instrument in the approved form by which the easement is varied, as having responsibility for the matters, or
(b) if an instrument referred to in paragraph (a) does not show who is responsible for the matters, by the person or, if more than one, jointly by the persons entitled to an estate or interest in possession in the dominant tenement.
If an owners corporation or another person—
(a) fails to carry out a responsibility imposed by subclause (1), and
(b) at least 7 days have passed since the failure first arose,
the owners corporation or other person may take all lawful steps necessary to ensure that the responsibility is carried out.
The costs of maintenance and repair of a right of vehicular or personal access or an easement for services to which this Schedule applies are to be borne by the owners corporation, lessor (in the case of a leasehold strata scheme) or other person—
(a) in the proportions specified in the instrument by which the easement was created or, if the proportions have been varied, the proportions as varied, or
(b) if no proportions are specified in accordance with paragraph (a)—in equal proportions.
If a person (whether or not the owners corporation) incurs costs referred to in subclause (1), the person may demand in writing the amount that the owners corporation, lessor or other person referred to in the subclause is liable to contribute to the costs.
A demand made under subclause (2) must be accompanied by receipts or invoices or copies of receipts or invoices that evidence the expenditure to which the demand relates.
If the owners corporation, lessor or other person fails to comply with a demand within 7 days after it is made, the amount demanded may be recovered in a court of competent jurisdiction as a debt due to the owners corporation, lessor or other person.
An easement to which this Schedule applies carries with it the ancillary rights and powers necessary to render the easement effective.
(Sections 138 (2) and 148 (2))
For the purposes of sections 138 (2) and 148 (2), the formula is—
where—
(a) is held for an estate in fee simple in possession, and
(b) may be used, whether or not only with planning approval, for any purpose the use of the lot for which is not at that date prohibited.
where—
(a) is held for an estate in fee simple in possession, and
(b) may be used for the purpose of a site for the building or part of the building subject to the scheme,
but excluding the value at that date of all improvements within the parcel.
(Sections 158 (4), 160 (5) and 172 (2))
A notice of a general meeting of an owners corporation to consider whether a strata renewal proposal warrants investigation by a strata renewal committee must—
(a) clearly indicate that the purpose of the meeting is to consider a strata renewal proposal, and
(b) identify the proposed purchaser, if known, or proposed developer under the strata renewal proposal, and
(c) disclose the nature of any interest a proposed purchaser or proposed developer may have in the strata scheme, and
(d) include a brief summary of the strata renewal proposal, and
(e) include a form of motion that the owners corporation decide whether the strata renewal proposal warrants investigation by a strata renewal committee, and
(f) be accompanied by a complete copy of the strata renewal proposal.
For the purposes of section 160 (5), the matters are—
(a) determining the number of members of the strata renewal committee, and electing its members, and
(b) a budget for, or limitations on amounts to be spent on, preparing a strata renewal plan, and
(c) considering whether to delegate to the committee the authority to engage persons to help it prepare a strata renewal plan.
A notice of a general meeting of an owners corporation to consider a strata renewal plan must—
(a) clearly indicate that the purpose of the meeting is to consider a strata renewal plan, and
(b) identify the proposed purchaser, if known, or developer under the strata renewal plan, and
(c) disclose the nature of any interest a proposed purchaser or developer may have in the strata scheme, and
(d) include a brief summary of the strata renewal proposal, and
(e) include a form of motion that the owners corporation decide whether the strata renewal plan should be given to the owners for their consideration, and
(f) be accompanied by a copy of the strata renewal plan.
The regulations may contain provisions of a savings or transitional nature consequent on the enactment of this Act or any Act that amends this Act.
Any such provision may, if the regulations so provide, take effect from the date of assent to the Act concerned or a later date.
The regulations under this Part have effect despite anything to the contrary in this Schedule.
The regulations under this Part may make separate savings and transitional provisions or amend this Schedule to consolidate the savings and transitional provisions.
To the extent to which any such provision takes effect from a date that is earlier than the date of its publication on the NSW legislation website, the provision does not operate so as—
(a) to affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before the date of its publication, or
(b) to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before the date of its publication.
In this Part—
Any act, matter or thing done or omitted to be done under a provision of a former Act and having any force or effect immediately before the commencement of a provision of this Act that replaces that provision, is, on the commencement, taken to have been done or omitted to be done under the provision of this Act.
This clause does not apply to the extent that its application—
(a) is inconsistent with any other provision of this Schedule or a provision of a regulation made under this Schedule, or
(b) would be inappropriate in a particular case.
On the repeal day, each of the following is taken to be a strata scheme under this Act—
(a) a strata scheme in existence under the Strata Schemes (Freehold Development) Act 1973 immediately before the repeal day,
(b) a leasehold strata scheme in existence under the Strata Schemes (Leasehold Development) Act 1986 immediately before the repeal day.
On the repeal day, a plan or a notice of conversion that, immediately before the repeal day, is registered under a former Act is taken to be registered under this Act.
In this clause—
A certificate given by a registered land surveyor in relation to a strata plan, strata plan of subdivision or strata plan of consolidation under a former Act before the repeal day, and certifying that requirements under the former Act about the plan have been met, is taken to be a surveyor’s certificate for the purposes of this Act.
A strata certificate issued under a former Act and in effect on the repeal day is taken to be a strata certificate issued under this Act.
A schedule of unit entitlement is taken to comply with this Act if—
(a) it was prepared under and in accordance with a former Act before the repeal day, and
(b) it relates to a strata plan or a strata plan of subdivision for which a strata certificate was issued before the repeal day.
Part 10 applies to a freehold strata scheme in existence immediately before the commencement of that Part only if the owners corporation has, by resolution, decided the Part applies to the scheme.
Despite subclause (1), a person may give a strata renewal proposal under Part 10 to the owners corporation before the resolution is passed.
The resolution may be passed before or at a general meeting convened to consider a strata renewal proposal.
If the resolution is passed at a general meeting convened to consider a strata renewal proposal, it must be passed before the proposal is considered.
The owners corporation must record details of the resolution on the strata roll.
A resolution referred to in this clause cannot be revoked.
Any proceedings commenced but not determined or finalised under a provision of a former Act are to be dealt with and determined as if the former Acts had not been repealed.
This clause applies in relation to a lot in a strata scheme that has a boundary that—
(a) under section 4 (2) of the repealed Conveyancing (Strata Titles) Act 1961, was the centre of a floor, wall or ceiling, and
(b) under clause 3 (1) of Part 1 of Schedule 4 to the Strata Schemes (Freehold Development) Act 1973 was taken to be the upper surface of the floor, the inner surface of the wall or the under surface of the ceiling, because the strata plan or strata plan of resubdivision did not state otherwise.
The boundary referred to in subclause (1) (a) is taken to continue to be the upper surface of the floor, the inner surface of the wall or the under surface of the ceiling.
This clause does not limit section 30 (2) (d) of the Interpretation Act 1987.
In this clause—
This clause continues, for the purposes of this Act, the effect of clause 3 (1) and (2) of Part 1 of Schedule 4 to the Strata Schemes (Freehold Development) Act 1973.
On the repeal day, a person who is an accredited certifier under a former Act immediately before the repeal day is taken to be an accredited certifier for the purposes of this Act.
(Repealed)
Strata Schemes Development Act 2015 No 51. Assented to 5.11.2015. Date of commencement, 30.11.2016, sec 2 and 2016 (658) LW 4.11.2016. This Act has been amended as follows—
No 46 | Land and Property Information NSW (Authorised Transaction) Act 2016. Assented to 28.9.2016. Date of commencement of Sch 4, 19.5.2017, sec 2 (2) and 2017 (96) LW 24.3.2017. | |
(659) | Strata Schemes Development Regulation 2016. LW 4.11.2016. Date of commencement, 30.11.2016, cl 2. | |
No 22 | Statute Law (Miscellaneous Provisions) Act 2017. Assented to 1.6.2017. Date of commencement of Sch 1.19, 7 days after assent, sec 2 (1). | |
No 44 | Justice Legislation Amendment Act (No 2) 2017. Assented to 25.9.2017. Date of commencement of Sch 1.23, assent, sec 2 (1). | |
No 63 | Building and Development Certifiers Act 2018 No 63. Assented to 31.10.2018. Date of commencement, 1.7.2020, sec 2 and 2020 (77) LW 4.3.2020. | |
No 6 | Community Land Development Act 2021. Assented to 26.3.2021. Date of commencement, 1.12.2021, sec 2 and 2021 (598) LW 14.10.2021. | |
No 7 | Community Land Management Act 2021. Assented to 26.3.2021. Date of commencement, 1.12.2021, sec 2 and 2021 (599) LW 14.10.2021. | |
No 10 | Real Property Amendment (Certificates of Title) Act 2021. Assented to 24.5.2021. Date of commencement of Sch 3, 11.10.2021, sec 2(1) and 2021 (476) LW 27.8.2021. | |
No 45 | Strata Legislation Amendment Act 2023. Assented to 11.12.2023. Date of commencement of Sch 1, assent, sec 2(b). |
No 53 | Better Regulation Legislation Amendment (Miscellaneous) Act 2024. Assented to 20.8.2024. Date of commencement of Sch 1.13, assent, sec 2(b). |
This Act has been amended by sec 30C of the Interpretation Act 1987 No 15.
Sec 4 | Am 2016 No 46, Sch 4.5 [1] [2]; 2018 No 63, Sch 3.13[1]; 2021 No 6, Sch 5.18. |
Sec 21 | Rep 2021 No 10, Sch 3.21[1]. |
Sec 25 | Am 2021 No 6, Sch 5.18. |
Sec 26 | Am 2021 No 10, Sch 3.21[2]. |
Sec 30 | Am 2021 No 10, Sch 3.21[3] [4]. |
Sec 33 | Am 2021 No 6, Sch 5.18. |
Sec 35 | Am 2021 No 6, Sch 5.18. |
Part 4, Div 3, heading | Am 2018 No 63, Sch 3.13[2]. |
Secs 58–60 | Am 2018 No 63, Sch 3.13[3]. |
Sec 61 | Am 2018 No 63, Sch 3.13[4]. |
Sec 62 | Am 2018 No 63, Sch 3.13[3] [4]. |
Sec 63 | Am 2018 No 63, Sch 3.13[4]. |
Sec 65 | Am 2018 No 63, Sch 3.13[4] [5]. |
Part 4, Div 6 (secs 67, 68) | Rep 2018 No 63, Sch 3.13[6]. |
Sec 69 | Am 2018 No 63, Sch 3.13[4] [7]. |
Sec 70 | Am 2018 No 63, Sch 3.13[8]. |
Sec 80 | Am 2021 No 10, Sch 3.21[5]. |
Sec 99 | Am 2021 No 7, Sch 4.20. |
Sec 109 | Am 2021 No 6, Sch 5.18. |
Sec 110 | Am 2021 No 6, Sch 5.18. |
Sec 115 | Am 2017 No 22, Sch 1.19. |
Sec 124 | Am 2018 No 63, Sch 3.13[4]. |
Sec 142 | Am 2021 No 10, Sch 3.21[6] [7]; 2023 No 45, Sch 1[1]. |
Sec 154 | Am 2023 No 45, Sch 1[2]. |
Sec 154A | Ins 2023 No 45, Sch 1[3]. |
Sec 161 | Am 2023 No 45, Sch 1[4]. |
Sec 165 | Subst 2023 No 45, Sch 1[5]. |
Sec 166 | Am 2023 No 45, Sch 1[6]. |
Sec 181 | Am 2017 No 44, Sch 1.23. |
Sec 182 | Am 2023 No 45, Sch 1[7]. |
Sec 186 | Am 2021 No 10, Sch 3.21[8]. |
Sec 187A | Ins 2023 No 45, Sch 1[8]. |
Sec 188 | Subst 2023 No 45, Sch 1[8]. |
Sec 197 | Am 2021 No 10, Sch 3.21[9]; 2024 No 53, Sch 1.13[1] [2]. |
Sec 202 | Am 2016 No 46, Sch 4.5 [3]–[6]. |
Sch 2 | Am 2023 No 45, Sch 1[9]. |
Sch 8 | Am 2016 (659), Sch 8. |
Sch 9 | Rep 1987 No 15, sec 30C. |
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