STR-05 Amendment of Strata Titles Scheme - Not effecting Subdivision

Version 5 - 01/02/2023

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This guide is produced by the Western Australian Land Information Authority (Landgate) to provide the community with a basic understanding of strata titling principles.  It is a general information source only, it is not legal advice and should not be taken as legal advice on strata titles. You should refer to the legislation available on the WA government legislation website  www.legislation.wa.gov.au

To the extent permitted by law, Landgate will in no way be liable to you or anyone else for any loss or damage, however caused (including through negligence), which may be directly or indirectly suffered in connection with use of this document. This general disclaimer is not restricted or modified by any of the following specific disclaimers.

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1 General

A registered strata titles scheme may be modified, where an amendment of scheme plan to effect a subdivision is not required, by the lodgement of any of the applications referred to in this guide. Any amendment that requires lodgement of an amendment of scheme plan that effects a subdivision is dealt with in a separate guide STR-04 Amendment of Strata Titles Scheme – Effecting Subdivision.

These applications are recorded by endorsing a memorandum of the nature of the application on the Record of Strata Titles Scheme  in the scheme plan. The scheme plan shows the current state of the Register in relation to the plan and also the history of activities concerning the strata titles scheme1 from its original registration.

1(updated to amend "on the plan" to "concerning the strata titles scheme)

2 Amendment of Scheme Notice - Change of Name

A strata company may, by special resolution and with the approval of the Registrar of Titles, change the name of the scheme. The change takes effect from the registration of the change by the Registrar of Titles.

To change the scheme name, the strata company (in its old name) lodges an Amendment of Scheme Notice with the Registrar of Titles accompanied by a:

The duplicate certificates of title (if any) for the lots are not required to be lodged with the application.

If the common seal is used on a certificate of this kind, it should show the old name of the strata company.

The new name of the strata titles scheme does not come into effect until after registration of the Amendment of Scheme Notice.

Whilst the Amendment of Scheme Notice will depict the new name of the scheme, its registration is endorsed on the Record of Strata Titles Scheme in the scheme plan by the Registrar of Titles.

3 Amendment of Scheme Notice - Change of Address for Service of the Strata Company

For schemes registered on or after 1 May 2020, the address for service of notices is shown on the Scheme Notice (which will be endorsed on the Record of Strata Titles Scheme in the scheme plan).

For strata plans registered prior to 14 April 1996, the address for service of notices to the strata company is shown on the location plan, subject to any change being recorded on the Record of Strata Titles Scheme.

For strata/survey-strata plans registered after 14 April 1996 to 30 April 2020, the address for service of notices to the strata company is the address of the parcel that is shown on the location plan, subject to any change being recorded on the Record of Strata Titles Scheme.

To change the strata company's address for service, the strata company lodges an Amendment of Scheme Notice with the Registrar of Titles accompanied by a:

The duplicate certificates of title (if any) for the lots are not required to be lodged with the application.

Whilst the Amendment of Scheme Notice will depict the new address for service of notices to the strata company, its registration is endorsed on the Record of Strata Titles Scheme in the scheme plan.

4 Amendment of Scheme Notice - Postpone Expiry Day of Leasehold Scheme

If the leasehold scheme has registered leasehold by-laws that provide for postponement of the expiry day for the leasehold scheme, the expiry day may only be postponed to the expiry day in those by-laws if the Registrar of Titles registers the postponement. The strata company lodges an Amendment of Scheme Notice accompanied by:

The effect of registration of this amendment is to postpone the expiry day of the leasehold scheme to the scheme expiry day specified in the Amendment of Scheme Notice.  All the leasehold strata titles and the reversionary title are endorsed to reflect this change, and the amendment is also endorsed on the Record of Strata Titles Scheme in the scheme plan.3

3Paragraph updated 01/02/2023

5 Amendment of Schedule of Unit Entitlements (section 38 of the Act)

The schedule of unit entitlements for a strata titles scheme allocates a whole number (unit entitlement) to each lot in the scheme and states the number that is the sum of the unit entitlements of all lots in the scheme:

  • for a strata plan, the unit entitlement of a lot in proportion to the sum of unit entitlements is calculated on the capital value of each lot in proportion to the total capital value of all the lots.
  • for a survey-strata plan, the unit entitlement of a lot in proportion to the sum of unit entitlements is calculated on the site value of each lot as a proportion of the total site value of all the lots.

The meaning of the terms capital value and site value referred to above, are contained in the Valuation of Land Act 1978.

On first allocation of unit entitlements, the licensed valuer must certify that the proportion that the unit entitlement of a lot bears to the sum of the unit entitlements of the lots is not greater than 5% more or 5% less than the proportion that the value of the lot bears to the sum of the values of all the lots. Where the value of a lot in proportion to the sum of the value of all lots exceeds the margin, the strata company can apply to rectify the matter by registering a new schedule of unit entitlements, if it has passed a resolution without dissent (or a unanimous resolution in the case of a two-lot scheme) to this effect.

After giving Notice in the approved form (Notice to Designated Interest Holders for amendment of schedule of unit entitlements2) and obtaining the necessary consents, the strata company lodges a General Application with the Registrar of Titles accompanied by all of the following:

2(updated to add requirements for new forms 17/06/2020)

A proprietor of a lot, registered mortgagee of a lot or a strata company, may apply to the State Administrative Tribunal (SAT) to amend the schedule of unit entitlements in the strata titles scheme. In this case, a General Application is required to be lodged with the SAT Order without the other accompanying documents referred to above (unless any duplicate certificates of title were created and registered under the Strata Titles Act 1966, in which case they must be produced for amendment - see STR-01 Freehold and Leasehold Schemes).3

3Paragraph updated 01/02/2023

Upon the registration of an amended schedule of unit entitlements the amended share of a lot owner in the common property is, deemed to be subject to any pre­-existing encumbrances registered or caveats lodged against their lot.

Registration is effected by the Registrar of Titles recording the amendment of schedule of unit entitlements on the Record of Strata Titles Scheme in the scheme plan.

6 Amendment of Scheme Plan - Imposition, Variation or Revocation of a Restricted Use Condition (section 35(1)(g) of the Act)

A scheme plan lodged for registration may create a legally binding restriction as to the use to which the parcel or part of the parcel may be put. This is achieved by an endorsement on the plan that delineates the area or space affected and describes the restriction on use.

Where a scheme plan has been registered without any restriction as to use, the plan may be amended to restrict the use to which the parcel or part of the parcel may be put. In this case, an amendment of scheme plan is made to impose the restriction on use. Where it is not achieved at the time of registration of an amendment of scheme plan effecting subdivision (i.e. Types 1 to 4 subdivision), the documents listed below will be required to register the amendment.3

3Paragraph updated 01/02/2023

A restriction that has been endorsed on a scheme plan on registration of the scheme plan or by an amendment of scheme plan, may be varied or revoked.

The imposition, variation or revocation of a restriction on use requires a resolution without dissent from the strata company. The strata company lodges an Application to Amend Scheme Plan – Restricted Use Condition with the Registrar of Titles accompanied by:

7 Lease of a Lot Within or Land Contiguous to Scheme Land

7.1 Acceptance of Lease

See LEA-01 Leases of Land for Further details.

7.2 Surrender of Lease

See LEA-03 Leases of Land - Removal for further details

8 Lease over Common Property

As this type of lease is not considered an amendment of a strata titles scheme, please see guide LEA-01 Leases of Land for further details.

9 Leasehold Strata Titles Schemes - Strata Lease

Where a new strata lease is to be lodged as a result of the owner of the lot wanting to adopt changes to the conditions from amendments being made to the Strata Titles (General) Regulations 2018, the following will be required:

[Note: Where a new strata lease is to be lodged as a result of creation of new lots in a subdivision, see sections 6 and 7 of guide STR-04 Amendment of Strata Titles Scheme – Effecting Subdivision for further details.]

10 Easements or Restrictive Covenants affecting the Scheme Parcel (scheme plan amendments not effecting subdivision)4

10.1 Creation of an easement or restrictive covenant
  • For creation of easements, see guide EAS-01 Easements for further details.
  • For creation of restrictive covenants, see guide COV-01 Covenants for further details.
10.2 Discharge of an easement or restrictive covenant

4Section added 01/02/2023

11 Amendment of Scheme Plan by Amalgamation of Adjoining Crown Land under Section 87 of the LAA4

Note: This section of the guide is currently subject to legal review. Please contact us at newtitles@landgate.wa.gov.au for any queries.

The area of common property can be increased by inclusion of a closed public road or other unallocated crown     land under s.87 of the Land Administration Act 1997 (LAA). For a freehold scheme, the owners of all the lots in the scheme who hold the lots in fee simple as required by s.87, must be a party to this transaction. The strata company is not permitted under s.93 of the STA to enter into the transaction. This amendment requires lodgement of a redefinition scheme plan to show the included closed public road or unallocated crown land as common property.

Any interests that are permitted to be brought forward are to be listed in the Conveyance and Amalgamation Order, otherwise documents to remove such interests will be required prior to the amalgamation.

See guide "ROA-03 Roads and their Closure " on the closure process and “AMA-01 Amalgamations” on the Conveyance and Amalgamation Order process prior to this amalgamation.

It is not possible for the area of common property to be increased in a Leasehold scheme under these provisions of the LAA given that the land is not held in the fee simple.

4Section added 01/02/2023

11.1 Freehold Schemes4

To effect this type of amendment of scheme plan, the following documents must be lodged:

  • Conveyance and Amalgamation Order(prepared by the Department of Planning, Lands & Heritage (DPLH));
  • Application for New Titles (prepared by the DPLH), as required; and
  • Written consents of the owners of all the lots in the strata scheme

4Section added 01/02/2023

12 Also see

  • For creation of easements, see guide EAS-01 Easements for further details.
  • For creation of restrictive covenants, see guide COV-01 Covenants for further details.

e

STR-01 Freehold and Leasehold Schemes


This page was last updated on: 01 Feb 2023