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  • Strata Schemes Development Act 2015

    As at 13 September 2016

    See also:

    Local Government Amendment (Parliamentary Inquiry Recommendations) Bill 2016

    [Non-government Bill: Rev the Hon F J Nile, MLC]

    Land and Property Information NSW (Authorised Transaction) Bill 2016

    Note:

    Amending provisions are subject to automatic repeal pursuant to sec 30C of the Interpretation

    Act 1987 No 15 once the amendments have taken effect.

    Long Title

    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.

    Part 1 – Preliminary

    Division 1 – Introduction

    1 Name of Act

    This Act is the Strata Schemes Development Act 2015.

    2 Commencement

    This Act commences on a day or days to be appointed by proclamation.

    3 Main objects of Act

    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.

    Division 2 – Interpretation

    4 Definitions

    (1) In this Act:"accepted lease or sublease" means a lease or sublease, or a transfer of a

    lease or sublease, accepted by an owners corporation under section 25 (1)."accredited

    certifier" --see section 67."administration sheet" means a document in the approved

    form that provides for administrative matters relating to the registration of plans under

    this Act."aggregate unit entitlement" of lots in a strata scheme means the sum of the

    unit entitlements of the lots."approved form" means a form approved by the

    Registrar-General for use under this Act."building", in relation to a strata scheme or a

    proposed strata scheme, means a building containing a lot or proposed lot, or part of a lot

    or proposed lot, in the scheme or proposed scheme."building alteration plan" means a

    plan that is registered as a building alteration plan, and includes any information,

    certificate or other document required by this Act or the regulations to be included with

    the plan before it may be registered."by-laws" for a strata scheme means the by-laws in

  • force for the scheme."chargee", in relation to a lot or development lot in a leasehold

    strata scheme, means a chargee of the leasehold estate of the lot."common

    infrastructure" means:

    (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).

    "common property", in relation to a strata scheme or a proposed strata scheme, means

    any part of a parcel that is not comprised in a lot (including any common infrastructure

    that is not part of a lot)."common property rights by-law" has the same meaning as it

    has in the Strata Schemes Management Act 2015."community scheme" has the same

    meaning as it has in the Community Land Development Act 1989."company nominee"

    of a corporation has the same meaning as it has in the Strata Schemes Management Act

    2015."covenant chargee" of a lot or development lot in a leasehold strata scheme means

    a covenant chargee of the leasehold estate of the lot."current plan" means a current plan

    as defined in section 7A of the Conveyancing Act 1919 that is registered, other than a

    strata plan, a strata plan of subdivision or a strata plan of consolidation."current plan

    lot" --see section 9 (4)."Department" means the Department of Finance, Services and

    Innovation."developer" of a strata scheme constituted on registration of a strata plan

    proposed under a development scheme means the person who, for the time being, is:

    (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.

    "development" has the same meaning as it has in the Environmental Planning and

    Assessment Act 1979."development concern" --see section 74."development lot"

    means a lot in a strata plan or strata plan of subdivision that is identified by a strata

    development contract as a lot that is to be the subject of a strata plan of subdivision under

    the development scheme for the contract."development scheme" means the scheme of

    development provided for, and represented by, a strata development contract."drainage

    reserve" means land that is held by a local council for drainage purposes under section

    49 of the Local Government Act 1993."floor" includes a stairway or ramp."floor area"

    of a lot means the area occupied on a horizontal plane by the base of the cubic space of

    the lot."floor plan" means a plan that:

    (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.

    "folio" means:

    (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.

    "freehold strata scheme" means a strata scheme in which no lots or common property

    in the scheme are subject to a lease or leases referred to in section 11."function"

    includes a power, authority or duty, and "exercise" a function includes perform a

    duty."initial period" has the same meaning as it has in the Strata Schemes Management

    Act 2015."leasehold strata scheme" means a strata scheme in which all lots and

    common property in the scheme are subject to a lease or leases referred to in section

    11."lessee", in relation to a lot, development lot or common property in a leasehold strata

    scheme, means the lessee of the leasehold estate under a lease registered on the folio for

    the lot, development lot or common property, but does not include an owner of a

    lot."lessor" of a leasehold strata scheme means the person who holds the fee simple in

    the lots and common property in the scheme."liabilities" of an owners corporation in

    relation to the termination of a strata scheme under Part 9 or 10 means any liabilities,

    debts or obligations of the owners corporation (whether present or future, whether vested

    or contingent and whether personal or assignable)."local council", in relation to land,

    means:

    (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.

    "location plan" means a plan that:

    (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.

    "lodge" means lodge in the office of the Registrar-General."lot", in relation to a strata

    scheme, means one or more cubic spaces shown as a lot on a floor plan relating to the

    scheme, but does not include any common infrastructure, unless the common

    infr

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