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  • This version of the legislation is compiled and maintained in a database of legislation by the Parliamentary Counsel’s Office and published on the NSW legislation website.

    Strata Schemes (Freehold Development) Act 1973 No 68

    Status information Currency of version Historical version for 7 January 2011 to 31 December 2013 (generated 16 January 2014 at 09:31). Legislation on the NSW legislation website is usually updated within 3 working days.

    Provisions in force All the provisions displayed in this version of the legislation have commenced. For commencement and other details see the Historical notes.

    New South Wales

    Formerly known as: Strata Titles Act 1973 Strata Titles (Freehold Development) Act 1973

    Does not include amendments by: Civil and Administrative Legislation (Repeal and Amendment) Act 2013 No 95 (not commenced — to commence on 1.1.2014)

  • Contents

    Page

    New South Wales

    Strata Schemes (Freehold Development) Act 1973 No 68

    Part 1 Preliminary 1 Name of Act 2 2 Commencement 2 3 Act binds Crown 2 4 (Repealed) 2 5 Definitions 2

    5A Notes in text 7 6 Construction of Act 7

    6A Application of Act to electronic form plans and other documents 8

    Part 2 Land in strata schemes Division 1 Creation of lots and common property

    7 Subdivision 9 8 Registration of strata plans 9

    8AA Effect of registration of a strata plan creating a stratum parcel 11 8AB Easements in certain strata schemes 12

    8A Subdivision of development lot 13 9 Subdivision of lots and common property 13

    10 Unit entitlement of lots created by subdivision of lots 14 11 Unit entitlements of lots in subdivisions involving common property 15 12 Consolidation of lots 15

    Historical version for 7.1.2011 to 31.12.2013 (generated on 16.01.2014 at 09:31)

  • Strata Schemes (Freehold Development) Act 1973 No 68 [NSW] Contents

    Page

    13 Conversion of lots into common property 15 14 Alteration of building affecting lot boundary 16 15 Certificates of title to be lodged with plans of subdivision or consolidation,

    notices of conversion and building alteration plans 17 16 Strata plans to be signed or consented to 17 17 Provisions prohibiting registration to operate cumulatively 18

    Division 2 Common property 18 Vesting of common property on registration of strata plan 18 19 Acquisition of additional common property 18 20 Body corporate to hold common property as agent for proprietors 19 21 Common property to be dealt with only under this Act and the Strata Schemes

    Management Act 1996 20 22 Folio where no common property 20

    22A Folios for bodies corporate, generally 20 23 Folio where there is common property 21 24 Dealings with lots include common property 22 25 Transfer or lease of common property 22 26 Creation or variation of easements, restrictions and positive covenants 22 27 Dedication of common property 23 28 Effect of dealings under this Division 23

    Division 2A Staged development 28A Explanation of staged development 25 28B Obligations of consent authorities 25 28C Form and content of strata development contract 26 28D Concept plan 26 28E Variation of liability for common property expenses 26 28F Signing of strata development contract and amendments 27 28G Registration of strata development contract and amendments 27 28H Notice of strata development contract and amendments 27 28I Effect of strata development contract 28 28J Amendment of strata development contract 28 28K Approval of amendments by Land and Environment Court 29 28L Use of common property and development lot by developer 30 28M Adding land to a parcel subject to a strata development contract 30 28N Right to complete permitted development 30 28O What are “development concerns”? 31 28P Meetings of body corporate relating to development concerns 31 28Q Conclusion of development scheme 32

    28QAA Revised schedule of unit entitlements 33 28QA Order for extension or conclusion of development scheme 33 28QB Application for assistance 34 28QC Investigation of application for assistance 34 28QD Power of entry 35 28QE Application of Fair Trading Act 1987 to applications for assistance 35 28QF Grant of legal assistance 35 28QG Resolution authorising application by body corporate 35 28QH Functions of Director-General 36

    Page 2

    Historical version for 7.1.2011 to 31.12.2013 (generated on 16.01.2014 at 09:31)

  • Strata Schemes (Freehold Development) Act 1973 No 68 [NSW] Contents

    Page

    Division 2B Strata management statements 28R Requirement for strata management statement 36 28S Formal requirements 36 28T Registration of strata management statement 37 28U Amendment of strata management statement 37 28V Signing of strata management statement 37 28W Effect of strata management statement 38

    Division 3 Compulsory acquisition of lots and common property 29 Application of Division 39 30 Resumptions affecting parcels 39 31 Effect of resumption 40 32 Readjustment of strata scheme for purposes of resumption 41 33 Common property not to pass with lot or part of lot in certain circumstances

    42 34 Severance of lots by resumption 42

    34A Resumptions where resuming authority is bound by this Act 42 35 Resumptions where resuming authority not bound by this Act 42

    Division 4 Strata certificates 36 Other Acts not to apply to subdivisions under Division 1 43

    36A Persons who may apply for strata certificate 43 37 Approval of proposed strata plans, certain subdivisions and conversions of

    lots into common property 43 37A Approvals by accredited certifiers 45

    37AA Requirements relating to issue of strata certificates 47 37B Relevant development consents 47 37C Regulations 47 37D Satisfaction as to compliance with conditions precedent to issue of strata

    certificates 48 37E Accreditation of certifiers 48 37F Insurance of accredited certifiers 48

    38 Encroachments 48 39 Utility lots 49 40 Notices of and appeals against refusal of approval 50

    Division 5 Powers and duties of Registrar-General 41 Registration of plans and notices 50 42 Provisions applying to strata plans and certain other documents 51 43 Registrar-General’s power to adjust unit entitlements 51 44 Recording of condition restricting use imposed by local council 52 45 Prohibition on recordings in the Register in certain circumstances 52 46 Certain recordings to be made by Registrar-General 52 47 Duties of Registrar-General where resumed land remains subject to strata

    scheme 53 48 Duties of Registrar-General where resumed land is excluded from strata

    scheme 53 49 Notice to produce electronic form plans and other documents 54

    Page 3

    Historical version for 7.1.2011 to 31.12.2013 (generated on 16.01.2014 at 09:31)

  • Strata Schemes (Freehold Development) Act 1973 No 68 [NSW] Contents

    Page

    Part 3 Variation or termination of strata schemes 50 Variation of strata scheme consequent on damage to or destruction of building

    55 51 Termination of strata scheme 56

    51A Termination of strata scheme by Registrar-General 58 52 Interchangeability of notices 60 53 Consequences of making an order under section 50 or 51 60

    Part 4 Rating and taxation 54–88 (Repealed) 61

    89 Definitions 61 90 Valuation of parcel 61

    90A Valuation of parcels that form part of the site of a building 61 91 (Repealed) 61 92 Rating of lots 61 93 Charges for services 62 94 Certain lots not ratable 62 95 (Repealed) 62 96 Certain valuations of interests in parcel not to be used for purposes of this

    Division 62

    Part 5 97–145 (Repealed) 63

    Part 6 General 146–151 (Repealed) 64

    152 Notice of application for order under section 32, 50 or 51 64 153–156 (Repealed) 64

    157 Proceedings for offences 64 158 Regulations—general 64 159 (Repealed) 65 160 Transitional and savings provisions 65

    Schedule 1A Requirements for strata plans 66 Schedule 1B Rights and obligations implied in certain easements 67

    Schedule 1BA Covenants implied in strata development contracts 70 Schedule 1C Strata management statements 72

    Schedules 1–3 (Repealed) 73 Schedule 4 Transitional and savings provisions 74

    Notes Table of amending instruments 93 Table of amendments 99

    Page 4

    Historical version for 7.1.2011 to 31.12.2013 (generated on 16.01.2014 at 09:31)

  • Strata Schemes (Freehold Development) Act 1973 No 68

    New South Wales

    An Act to facilitate the subdivision of land into cubic spaces and the disposition of titles thereto; to amend the Real Property Act 1900, the Conveyancing Act 1919, the Local Government Act 1919, the Land Tax Management Act 1956 and certain other Acts in certain respects; to repeal the Conveyancing (Strata Titles) Act 1961 and certain other Acts; and for purposes connected therewith.

    Historical version for 7.1.2011 to 31.12.2013 (generated on 16.01.2014 at 09:31)

  • Strata Schemes (Freehold Development) Act 1973 No 68 [NSW] Part 1 Preliminary

    Part 1 Preliminary 1 Name of Act

    This Act may be cited as the Strata Schemes (Freehold Development) Act 1973.

    2 Commencement This Act shall commence upon such day as may be appointed by the Governor in respect thereof and as may be notified by proclamation published in the Gazette.

    3 Act binds Crown This Act binds the Crown.

    4 (Repealed)

    5 Definitions (1) In this Act, except in so far as the context or subject-matter otherwise indicates or

    requires: accredited certifier, in relation to a strata certificate, means a person who is accredited under section 37E in relation to th

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