Strata Schemes (Freehold Development) Amendment Regulation 2008 (NSW)

2008 No 568

New South Wales

Strata Schemes (Freehold

Development) Amendment Regulation

2008

under the

Strata Schemes (Freehold Development) Act 1973

His Excellency the Lieutenant-Governor, with the advice of the Executive Council, has made the following Regulation under the Strata Schemes (Freehold Development) Act 1973.

ANTHONY KELLY, M.L.C.,

Minister for Lands

Explanatory note
The object of this Regulation is to amend the Strata Schemes (Freehold Development)

Regulation 2007 in respect of the following:

(a)	the manner and form of lodging certain documents with the Registrar-General (consistent with the provisions of the Conveyancing (General) Regulation 2008) (these amendments to commence on Gazettal of this Regulation),
(b)	the inspections that must be made before a strata certificate is issued under section 37A of the Strata Schemes (Freehold Development) Act 1973 (this amendment to commence on 2 March 2009).

This Regulation is made under the Strata Schemes (Freehold Development) Act 1973, including sections 37AA and 158 (the general regulation-making power).

Published in Gazette No 157 of 12 December 2008, page 11911	Page 1
2008 No 568
Clause 1	Strata Schemes (Freehold Development) Amendment Regulation 2008

Strata Schemes (Freehold Development) Amendment

Regulation 2008

under the

Strata Schemes (Freehold Development) Act 1973

1      Name of Regulation

This Regulation is the Strata Schemes (Freehold Development)
Amendment Regulation 2008.

2      Commencement

(1)	This Regulation (Schedule 1 [1] excepted) commences on the day on which it is published in the Gazette.
(2)	Schedule 1 [1] commences on 2 March 2009.

3 Amendment of Strata Schemes (Freehold Development) Regulation 2007

The Strata Schemes (Freehold Development) Regulation 2007 is amended as set out in Schedule 1.

2008 No 568

Strata Schemes (Freehold Development) Amendment Regulation 2008

Amendments	Schedule 1
Schedule 1	Amendments

(Clause 3)

[1]      Clause 29A

Insert after clause 29:

29A Inspection required prior to issuing a strata certificate

(1)

This clause applies to a building for which a strata certificate is
to be issued under section 37A of the Act.

(2)

As construction of the building nears completion, or after it has been completed, a council or accredited certifier must inspect the building, and the common property areas around the building, so as to be satisfied, as required by section 37AA of the Act, that:

(a)	the floors, external walls and ceilings depicted in the proposed strata plan for the building correspond to those of the building as constructed, and
(b)	the floors, external walls and ceilings of the building as constructed correspond to those depicted in the building plans that accompanied the construction certificate for the building, and
(c)	any facilities required by the relevant development consent (such as parking spaces, terraces and courtyards) have been provided in accordance with those requirements.

[2]      Clause 32 Periods for retention of documents: section 49

Omit “12 months”. Insert instead “7 years”.

[3]      Schedule 2 Requirements for plans lodged electronically

Omit clause 1. Insert instead:

1      File type in which plan to be created

(1) The plan must be created in a format approved by the Registrar-General.

(2) A plan comprising more than one sheet must be created as a
multipage file.

2008 No 568

Strata Schemes (Freehold Development) Amendment Regulation 2008

Schedule 1 Amendments

[4]      Schedule 2, clause 4 (2)

Omit the subclause. Insert instead:

(2) Unless the Registrar-General otherwise approves or this Schedule provides otherwise, symbols may only be used for punctuation of text, and letters must be used instead of special symbols.

[5]      Schedule 4 Requirements for lodging administration sheet electronically

Omit clause 1. Insert instead:

1      File type in which image of document to be created

Each sheet of the completed paper administration sheet complying with Schedule 3 that bears original signatures and seals must be scanned by the lodging party and an image created in a format approved by the Registrar-General.

[6]      Schedule 4, clause 3

Omit the clause. Insert instead:

3      Lodging procedure

(1) The completed administration sheet must be lodged electronically together with the plan.

(2) The standard of the electronic file received by the Registrar-General must be acceptable to the Registrar-General.

Note. The completed paper administration sheet, bearing original signatures and seals, must be retained by the lodging party for a period of at least 7 years following the date of registration of the plan (see clause 32).

[7]      Schedule 5 Requirements for lodging other documents electronically

Omit “Tagged Image File Format (TIFF)” from clause 1.
Insert instead “format”.

[8]      Schedule 5, clause 1 (2)

Omit the subclause.

[9]      Schedule 5, clause 3 (1)

Omit the subclause. Insert instead:

(1) The completed document must be lodged electronically together
with the plan.

2008 No 568

Strata Schemes (Freehold Development) Amendment Regulation 2008

Amendments Schedule 1

[10]      Schedule 5, clause 3, note

Omit the note. Insert instead:

Note. The completed paper document, bearing original signatures and seals, must be retained by the lodging party for a period of at least 7 years following the date of registration of the plan (see clause 32).

BY AUTHORITY