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Transitional Guide for Strata Titles Scheme Lodgements

Version 1 - 09/04/2020

The information provided in this guide is not intended to amount to legal advice. Professional assistance may be required to determine the most appropriate action to protect your legal rights. Please read our Terms of Use on the Strata Titles Policy and Procedure Guides web page. Landgate accepts no responsibility where parties print this guide and seek to rely on information that is out of date.

Table of Contents

The changes brought about by the amended Act that may directly affect scheme plans and associated documentation are listed below:

1.      Background

2.      Definitions

3.      Changes in Terminology

4.      Scheme Documents

5.      Changes to Plans.

6.      Schedule 2A.

7.      Easements and Restrictive Covenants.

8.      Application for Registration.

9.      Amendments to Registered Strata Titles Schemes.

10.    Significant Variations on Staged Schemes.

11.    Forms/Certificates.

12.    Terminations.

13.    Expiry of Survey-Strata Plans.

14.    Structural Alteration of a Lot in a Strata Scheme.

15.    Temporary Common Property.

16.    Transitional Requirements.

17.    Digital Data.

18.    Documents

19.    Annexure A  Parts of the Amended Act of Most Relevance to Strata/Survey-Strata Plans and Associated Documentation.

1. Background

Until Landgate issues final Policy and Procedure Guides, this Transitional Guide provides the requirements for the preparation and lodgement of Strata Plans under the amended Act.

Once issued, the final Policy and Procedure Guides will replace this Transitional Guide.

Note that the following information is provided to assist private practitioners navigate the various pieces of legislation relevant to the Strata Titles reforms.  This document does not replace the legislation itself, and practitioners must conduct their own due diligence when advising clients on strata title matters.

For parts of the Amended Act of most relevance to Strata/Survey-Strata Plans and associated documentation, please see Annexure A.

2.  Definitions

Throughout this document, the following abbreviations will apply:

Strata Titles Act 1985 (current Act)

Strata Titles Act 1985 as amended 2018 (amended Act)

Strata Titles General Regulations 1996 (STGR)

Strata Titles (General) Regulations 2019 (ST(G)R)

References to regulation numbers in the ST(G)R are based on the Strata Titles (General) Regulations 2019 gazetted on 31 December 2019. It is anticipated that the Land Titles Registration and Strata Titles Policy and Procedure Guides will all be fully updated in due course.

2019 (ST(G)R)

3.  Changes in Terminology

Amended Act Terminology:

Current Act Terminology/Meaning:

Conduct by-laws

Schedule 2 by-laws

Governance by-laws

Schedule 1 by-laws

Freehold Scheme

All strata/survey-strata schemes registered under the current Act

Restricted use condition

Restriction to use

Schedule of unit entitlements

Schedule of unit entitlement

Scheme by-laws

By-laws

Scheme plan

Strata/survey-strata plan

Short form easement or restrictive covenant

Easements created on survey-strata plans under the STA

Special lot

A lot within a scheme which has exclusive use of common property as set out in an exclusive use by-law

Special common property

Common property within a scheme which is subject to an exclusive use by-law

Stage subdivision by-laws

Staged scheme by-laws

Statutory easement

Implied easement

Strata titles scheme

Strata/survey strata scheme

Temporary common property

A lease of a lot in the scheme or land that is contiguous to the scheme accepted by the strata company

4. Scheme Documents

Currently, strata titles are created when the landowner applies to register a strata/survey-strata plan at Landgate. Under the amended Act, titles will issue as a result of the registration of a strata titles scheme, which is made up of the following scheme documents:

  • scheme plan
  • scheme notice
  • schedule of unit entitlements
  • scheme by-laws
  • strata lease (leasehold schemes only)

Scheme Notice

The amended Act will introduce a scheme document known as a scheme notice, which contains:

  • the name of the scheme
  • the address for serving of notices and, if applicable
  • whether the scheme is a leasehold scheme and, if so
    • the expiry day of the leasehold scheme

The Scheme Notice will be lodged with the application to register the strata titles scheme and will be registered on the scheme plan.

The Scheme Notice will be amended when:

  • the strata company wish to change the name of the scheme and/or the address for the service of the strata company (section 30 STA).
  • the owner of the leasehold scheme wishes to postpone the expiry day of the leasehold scheme (section 31 STA).

5. Changes to Plans

5.1 No More Management Statements

Staged scheme by-laws that are set out as part of a management statement will be known as staged subdivision by-laws which will be outlined in a scheme document simply known as a scheme by-laws document. Whereas management statements currently can only be registered with the scheme plan, scheme by-laws documents containing staged scheme by-laws can be registered at the same time as or after the registration of the scheme plan. The management statement indicator panel on current plans will be replaced by a “Scheme By-laws” indicator panel.

5.2 Encroachments

Encroachments on strata plans will continue to be shown on the location plan except that section 32 of the amended Act and regulation 15 ST(G)R will require the plan to indicate who will be responsible for the management or control of the encroachment, the strata company or the adjoining lot owner (see example below).

In the case where there are several encroachments on the plan, a general statement such as “All encroachments shown on the plan are to be controlled and managed by the strata company” (or whatever the case may be) shown on the Location Plan will be acceptable.

N.B. For encroachments that are not over a public road, street or way, regulation 12 ST(G)R will still require an appropriate easement to be granted and lodged with Landgate and section 32 will require the plan to specify that easement. This means that the benefit of this easement will be required to be shown on the face of the plan.
5.3 Lot Numbering

Currently, lot numbering of strata/survey-strata plans starts at 1 with, in the case of survey-strata plans, the last number being allocated to any common property within the scheme, which is prefixed by ‘CP’. The changes to be brought about by regulation 16 ST(G)R are that the numbering of the lots need not start at 1 or be consecutive, just that each lot number is to be unique. Also, the number allocated to the common property area need not be the last number in the sequence but will still need to be prefixed by ‘CP’.

5.4 Lot Referencing on Floor Plans

The current STGR requires that, where different parts of a parcel constitute a single lot, reference must be made on each sheet on the plan to any other sheet of the plan that refers to another part of that lot. This will no longer be a regulation and the requirement will be to provide a table on the location plan which depicts this information, along with the total lot area, floor and sheet number.

Lot:

Total Area:

Floor:

Sheet:

1

57

B, G, 1

2, 3, 4

2

77

B, G, 1

2, 3, 4

3

79

B, G, 2

2, 3, 5

4

55

B, 2, 3

2, 5, 6

5

55

B, 2, 3

2, 5, 6

Note: see Sec 17.1 CSV File Requirements for digital data lodgement requirements.

5.5 Features on Scheme Plans

The following features  on a scheme plan listed below which were previously required by the STGR are now Registrar’s requirements:

  • North point
  • Scale and scale bar
  • Linework
  • Name and address of surveyor
  • All angles to be in degrees, minutes and seconds
  • Common property area number on survey-strata plans prefixed by ‘CP’
  • All linear connections shown on a strata plan must be referred to a stated surface of a floor, wall, ceiling, or permanent structural feature shown on the plan
  • Cross-sections and enlargements may be used.
5.6 Restricted Use Conditions

Section 6 and 6A of the current Act allows for parts of a scheme to be restricted in use. This is achieved by endorsement on the plan. Some of the common types of uses restrictions are:

  • restriction on occupancy to people who are “retired persons” (section 6A of the STA)
  • restriction on occupancy of the lots - Short Stay Accommodation
  • portions of land restricted by construction of buildings over sewer mains, and
  • restrictions over specific lots in a commercial scheme.

This use restriction will continue to be endorsed on the plan under section 32(2)(a) of the amended Act.

5.7 Building Lot/Part Lot Definitions

Sections 3(2)(a) and (b) of the current Act will remain as such in the amended Act and section 3AB of the current Act will become Schedule 2A clause 3AB in the amended Act. For information on section 3AB of the current Act, see item 5 of this notice. Building part lot definitions on strata plans will no longer require the use of the prescribed wording as set out in the current STGR. This means that any wording used on floor plans to describe building part lots won’t include the wording “as provided by section 3(2)(a)…”.

Regulation 15(2)(f) of the ST(G)R states that if section 3(2)(a) applies to the floor plan, the scheme plan must contain a statement to the effect that the boundaries of the lots or parts of the lots which are buildings are the inner surfaces of the walls, the upper surfaces of the floor and the under surfaces of the ceiling.

So for a scheme adopting section 3(2)(a) of the amended Act as the boundaries of the buildings, the wording on the floor plan will be similar to the below example:

Under section 3(2)(a) of the Strata Titles Act 1985, the boundaries of the lots or parts of the lots which are buildings shown on the strata plan are the inner surfaces of the walls, the upper surface of the floor and the under surface of the ceiling.

Regulation 6 ST(G)R (formerly regulation 37AA STGR) states that for the purposes of section 3(2)(b) of the amended Act:

  • if the cubic space is within a building that is not a single tier building, the boundaries of the cubic space must be described:
    • in the case of a vertical boundary, if the base of any wall corresponds substantially with any line referred to in paragraph (a) of that definition, by reference to the inner surface of that wall; and
    • in the case of a horizontal boundary, if any floor or ceiling joins a vertical boundary of that cubic space, by reference to the upper surface of that floor and the under surface of that ceiling.
    • if the cubic space is within a building that is a single tier building, the boundaries of the cubic space must be described in a manner that unambiguously defines the cubic space and its location in relation to the relevant building.

For instance, if it is intended to clarify the ownership of floor tiles within a multi-tier building to be defined under either section 3(2)(a) or 3(2)(b), the wording in the building boundary statement on the plan could refer to the upper surface of the floor slab, which would suggest that the floor tiles are to be owned by the lot owner.

6.  Schedule 2A

As stated previously in item 4 of this notice , there will be no such thing as a management statement anymore. Currently, Schedule 2A contained matters that may be provided for in a management statement. These provisions will be contained within the body of the amended Act. In their place will be special provisions for single tier strata schemes, including:

  • Lot boundaries (currently section 3AB)
  • Merger of common property (currently sections 21E to Z)
  • Conversion to survey-strata (currently sections 31A to K)
  • Insurance (currently sections 53A to E)

What this means is that reference to these provisions in the amended Act will be in reference to Schedule 2A. For example, instead of section 3AB of the STA, building boundaries on strata plans will be defined under Schedule 2A, clause 3AB.

Regulation 15(2)(g) states that if Schedule 2A clause 3AB of the amended Act applies to the floor plan, the scheme plan must contain a statement to the following effect:

  • that the boundaries of the lots or parts of the lots which are scheme buildings are the external surfaces of those buildings, as provided by that clause; and
  • if 2 lots have a common or party wall or have buildings on them that are joined, that the centre plane of that wall, or the plane at which they are joined, is the boundary.

Suggested wording could be as follows:

Under schedule 2A, clause 3AB of the Strata Titles Act 1985, the boundaries of the lots or parts of the lots which are buildings shown on the strata plan are the external surfaces of those buildings,

(and if applicable)

Where 2 lots have a common or party wall or have buildings on them which are joined, the centre plane of that wall or the plane on which they are joined, is the boundary.

6.1 Schedule 1 ST(G)R

The relevant regulations to the provisions in Schedule 2A of the amended Act will be found in Schedule 1 ST(G)R. These include:

  • merger of common property (current regulations 14J to 14M)
  • conversion to survey-strata (current regulations 14N and 14O)
  • notice of resolutions for mergers of common property (current regulation 19(7))
  • notice of resolutions for conversions to survey-strata (current regulation 19(8))
  • permitted boundary deviation (current regulation 37A)
  • single tier buildings in multi-tier schemes under s.3(2)(b) STA (current regulation 37AA)
  • things prescribed as included under Schedule 2, clause 3AB STA (current regulation 37B)
  • things prescribed as not included under Schedule 2, clause 3AB STA (current regulation 37C)
6.2 Merger of Buildings

In cases where there have been no building alterations completed in a strata scheme since registration of the scheme, a strata company of a single tier strata scheme registered before 1 July 1998 may, by resolution without dissent (or unanimous resolution in a two-lot scheme), agree that the whole of the buildings shown on the plan will be within the lots. This means that all the registered proprietors in the strata scheme will individually own all of the building. Currently, this is effected by registration of a STGR Form 30 where Landgate updates the plan with section 3AB STA details. The building part lot areas however are not updated as a result.

Schedule 1 clause 6 of the ST(G)R will require a merger sketch plan to accompany the resolution notice depicting the increased building part lot areas incorporating the building structure. If unit entitlement is to be changed, a schedule of unit entitlements signed by a licensed valuer will also be required to accompany the notice of merger form.

7. Easements and Restrictive Covenants

7.1 Statutory Easements (sections 61 to 66 of the amended Act)

Currently implied easements under section 11 (support and services) and 12 (shelter) of the current Act. After a strata titles scheme is registered, it is very difficult to connect to a utility service (such as water, electricity, sewerage or telephone service) if the pipes, wires, cables or ducts required to connect to that service are not installed. This is because the utility conduits (such as pipes, wires, cables or ducts) often need to be installed on common property or even across another owner’s lot and getting approvals is difficult.

An owner or the strata company will have the right to enter onto another lot or common property to exercise the rights of a statutory easement.

A utility service easement will exist for each lot and the common property and will entitle the strata company and lot owners to install, remove, examine, maintain, repair, modify and replace utility conduits.

Common property (utility and sustainability infrastructure) easement:

  • Strata company will be able to enter into an infrastructure contract with a person who owns and operates utility infrastructure or sustainability infrastructure on common property.
  • Will entitle the person to install, remove, operate, examine, maintain, repair, modify, replace infrastructure.
  • The contract will be required to specify the common property affected by the easement.
7.2 Short Form Easements

Section 33 of the amended Act will enable short form easements to be created on plans. As well as the easement purposes currently set out in reg 14 STGR, easements in gross and utility service easements will be able to be created as short form easements. Currently, regulation 14 STGR easements can be created on survey-strata plans only, however the easements created in the amended Act will be able to be created on:

  • both strata and survey-strata plans (including types 1 to 4 subdivision plans – see item 8 of this notice)
  • conversion to survey-strata plans

The ST(G)R will introduce the term “short form documents”, which will be:

  • scheme plans or amendment of scheme plans;
  • memorials or other instruments lodged with the scheme plans or amendment of scheme plans.

These short form documents may include provisions about the nature of, and rights and liabilities under a short form easement.

The parties involved in these easements will no longer be referred to as ‘dominant’ or ‘servient’, instead they will have a ‘benefit’ or a ‘burden’. These headings on the Interests and Notifications Schedule on the plan templates will be amended accordingly.

See the example table below for new ST(G)R regulation numbers for the short form easements, including current reg.14 STGR easements where applicable.

Easement Purpose:

STGR Regulation No:

ST(G)R Regulation:

Vehicle Access

14E

31

Light and Air

14F

32

Party Wall

14G

33

Intrusion

14H

34

Pedestrian Accessway

14I

35

Easement in Gross

NA

36

Easement for Utility Services

NA

37

When dealing with Vehicle Access (Reg 31) and Pedestrian Accessway (Reg 35) easements, the ST(G)R will provided for these easements to be ‘exclusive’ or ‘non-exclusive’. Unless specified by the plan, an easement is taken to be non-exclusive see easement   in the table example below. If the easement is exclusive, the grantee must keep the easement area in good order (including by doing any repairs, replacements, maintenance, cleaning or other upkeep). If the easement is to be non-exclusive:

  • the grantor will need to keep the easement area in good order (including by doing any repairs, replacements, maintenance, cleaning or other upkeep); and
  • the grantee will be required to reimburse the prescribed proportion of the costs incurred by the grantor in keeping the easement area in good order.

The prescribed proportion will be:

  • the proportion that the unit entitlement of the grantee’s lot bears to the total unit entitlements of the grantor’s and the grantee’s lots, or
  • if common property is burdened by the easement, the proportion that the unit entitlement of the grantee’s lot bears to the sum of the unit entitlements of all lots in the strata titles scheme; or
  • if common property is benefited by the easement, the proportion that the unit entitlement of the grantor’s lot bears to the sum of the unit entitlements of all lots in the strata titles scheme.

If the apportionment of upkeep is not to be the prescribed proportion, the desired proportion is to be specified in a memorial or instrument lodged at Landgate.

7.3 Easements in Gross

Regulation 36 ST(G)R will introduce easements in gross to the STA. The short form documents may describe the terms of the easement by reference to a:

  • planning condition,
  • statutory provision or
  • contract.

If the terms of the easement are to be contained in a planning condition or contract, to enable visibility and searchability of the terms, the ST(G)R will enable a copy of the contract, statutory provision or planning condition to be contained within a memorial or instrument lodged with the application to register the scheme or amendment of scheme.

If the easement expires at the end of a specified period, it will be taken to mean that the grantor and grantee consent to the Registrar of Titles discharging the easement in gross at any time after the end of the specified period, without any application or notice being lodged at Landgate (see   in the table example below).

7.4 Easements for Utility Service

Utility Service:

  • water supply
  • drainage
  • gas supply
  • transmission of electricity by overhead cable
  • transmission of electricity by underground cable
  • transmission of communication signals by overhead cable
  • transmission of communication signals by underground cable
  • sewerage

The rights conferred by the easement are set out in regulation 37 of the ST(G)R and are very similar to the rights set out in section 136C and Tenth Schedule of the TLA. However, unlike section 136C, the amended Act doesn’t require the written consent of any person who has a registered interest or is a caveator in respect of the land being burdened by the easement. The consents required are the designated interest holders, which are defined in the amended Act as:

  • a registered mortgage; or
  • a registered lease; or
  • a caveat recorded under the Transfer of Land Act 1893; or
  • the interest of a judgement creditor named in a property seizure and sale order registered under the Transfer of Land Act 1893 section 133; or
  • the interest of a person named in a memorial registered under the Transfer of Land Act 1893 as having a statutory right requiring the consent of the person to any dealing with the land; or
  • a plantation interest registered under the Transfer of Land Act 1893; or
  • a carbon covenant registered under the Transfer of Land Act 1893;

This could be considered as a viable option when creating utility service easements on strata title schemes where an estate covenant exists on the parent title and all the lots created on the Deposited Plan of the parent lot are benefited and burdened by this covenant.

7.5 Example Schedule of Interests and Notifications

Subject:

Purpose:

Statutory Reference:

Land Burdened:

Origin:

Benefit to:

Comments:

 

EASEMENT (VEHICLE ACCESS)

SECTION 33 STA REG 31

LOT 1

THIS PLAN

LOT 2

 
 

EASEMENT (LIGHT AND AIR)

SECTION 33 STA REG 32

LOT 1

THIS PLAN

LOT 2

 

EASEMENT (PARTY WALL)

SECTION 33 STA REG 33

LOT 2

THIS PLAN

LOT 1

 

EASEMENT (INTRUSION)

SECTION 33 STA REG 34

CP3

THIS PLAN

LOT 1

 
 

EASEMENT (PEDESTRIAN ACCESS)

SECTION 33 STA REG 35

LOT 2

THIS PLAN

LOT 1

THIS EASEMENT IS EXCLUSIVE

 

EASEMENT (DRAINAGE)

SECTION 33 STA REG 36

LOT 2

THIS PLAN

CITY OF STIRLING

 
 

EASEMENT

SECTION 33 STA REG 36

LOT 2

THIS PLAN & DOC ......

ATCO

EXPIRES ON 31.12.2050














 

EASEMENT
(WATER SUPPLY)

EASEMENT
(DRAINAGE)

EASEMENT
(GAS SUPPLY)

EASEMENT
(TRANSMISSION AND
DISTRIBUTION OF
ELECTRICITY BY
UNDERGROUND
CABLE AND CONDUCTORS)

EASEMENT
(TRANSMISSION OF
COMMUNICATION SIGNALS BY OVERHEAD CABLE)

EASEMENT
(TRANSMISSION OF
COMMUNICATION SIGNALS BY UNDERGROUND CABLE)

EASEMENT (SEWERAGE)













SECTION 33 STA REG 37














LOT 2














THIS PLAN














CITY OF WANNEROO

 
7.6 Restrictive Covenants

Section 33 of the amended Act provides that the following short form restrictive covenants will be able to be created in short form documents.

  • Right of way restrictive covenant - to prevent development in a right of way setback
  • Land use restrictive covenant - to restrict the use of land
  • Conservation restrictive covenant - to protect areas identified for conservation
  • Building envelope restrictive covenant - to control the siting of development
  • Fire restrictive covenant - to restrict development in fire prone areas

The rights and liabilities are set out in regs. 43 to 47 of the ST(G)R and these rights and liabilities may be varied by a memorial or other instrument lodged at Landgate. The beneficiaries are local governments or public authorities only.

Subject:

Purpose:

Statutory
Reference:

Origin:

Land Burdened:

Benefit to:

Comments:

 

RESTRICTIVE COVENANT
(RIGHT OF WAY)

SECTION 33 STA
REG 43

THIS PLAN

LOT 1

LOCAL GOVERNMENT OR
PUBLIC AUTHORITY

 
 

RESTRICTIVE COVENANT
(LAND USE)

SECTION 33 STA
REG 44

THIS PLAN &
DOC .......

LOT 1

LOCAL GOVERNMENT OR
PUBLIC AUTHORITY

 
 

RESTRICTIVE COVENANT
(CONSERVATION)

SECTION 33 STA
REG 45

THIS PLAN &
DOC .......

LOT 2

LOCAL GOVERNMENT OR
PUBLIC AUTHORITY

 
 

RESTRICTIVE COVENANT
(BUILDING ENVELOPE)

SECTION 33 STA
REG 46

THIS PLAN

CP3

LOCAL GOVERNMENT

 
 

RESTRICTIVE COVENANT
(FIRE)
(LAND USE)

SECTION 33 STA
REG 47

THIS PLAN

LOT 2

LOCAL GOVERNMENT

 

8. Application for Registration

Currently strata titles are created as a result of the lodgement of an application to register a strata or survey-strata plan. Section 56 of the amended Act will require an application to register a strata titles scheme before titles can be created. This means that not only the plan will be registered but the all the scheme documents as outlined in item 3 of this notice. The application and accompanying evidenced will be in the approved form and, if applicable, be accompanied by:

  • a statement (in the approved form) of how each item registered or recorded for the scheme in the Register is to be dealt with; and
  • disposition statements, instruments or documents necessary for that purpose.

This statement to deal with land is something introduced by the amended Act and will be available on Landgate’s website with all the other approved forms (see following example – please note this is a draft and has not yet been approved).

Evidence

EV-STATE

Statement to Deal with Land

Strata Titles Act 1985 (amended 2018)

Sections 56(2)(e)(i), 193(1)(e)(i)

Scheme No: __________________

The owner(s) of the leasehold scheme / the lot owner(s) / The Owners1 of [scheme name]2 _____________________________ hereby confirm that the current limitations, interests, encumbrances and notifications as shown in the Register are to be dealt with in the following manner prior to:

LIMITATIONS, INTERESTS, ENCUMBRANCES & NOTIFICATIONS

[List all by Document Type and Number]

ACTION

[e.g. Discharge or brought forward in full]

e.g. Mortgage M12345

Discharge off Lot 1

e.g. Easement N67890

No Action

  
  
  
  

1 Delete where not applicable

2 Scheme name consists of registered scheme name + scheme type + scheme number e.g. Green Lakes, survey-strata scheme SP123456

9. Amendments to Registered Strata Titles Schemes

Amendments to strata title schemes that affect subdivision are to be known as types 1 to 4 subdivisions. Below is a breakdown of the amended Act reference and the current Act reference:

Current Act Reference:

Amended Act Reference (section 35):

Lodgement/Approvals:

"Plan of" descriptions to be shown on plans:

Section 18 STA - Acquisition of land from outside the scheme into common property

Type 1(a) subdivision

Plan of amendment to be lodged as a new stage.

Will require WAPC approval

Addition of land outside the parcel - Type 1(a)

Section 10 STA – Conversion of lots to common property

Type 1(b) subdivision

Plan of amendment to be lodged as a new stage.

Will require WAPC approval

Transfer lots lot 1 to common property - Type 1(b)

Section 19 STA – Disposal of common property

Type 2 subdivision

Plan of amendment to be lodged as a new stage.

Will require WAPC approval

Removal of common property from the parcel - Type 2

Section 9 STA – Consolidation of lots

Type 3 subdivision

No change from current Act

Consolidation of Lots 1 and 2 - Type 3

Section 8 STA – Re-subdivision within a scheme

Type 4 subdivision

No change from current Act

Re-subdivision of Lot 3 and common property -Type 4

9.1 Application for Registration of an Amendment of a Strata Titles Scheme effecting Subdivision (section 56 of the amended Act)

The form AA-AMEND - Application for Registration of an Amendment of a Scheme Plan effecting Subdivision will be the application to register types 1 to 4 subdivisions. It will include a reminder to the lodging party of the resolutions and consents required to be attached to the application. The application and accompanying evidence will be in the approved form and, if applicable, be accompanied by:

  • a statement (in the approved form) of how each item registered or recorded for the scheme in the Register is to be dealt with (outlined in item 7 of this notice); and
  • disposition statements, instruments or documents necessary for that purpose; and
  • amendments or replacements of the scheme documents that require modification.
9.2 Application for Registration of an Amendment of a Strata Titles Scheme not effecting Subdivision (section 56 of the amended Act)

The amended Act will require a separate application to be lodged for each of the following amendments to a registered strata titles scheme:

  • Reallocating unit entitlements
  • Changing scheme name and/or address for service of the strata company
  • Imposing, varying, revoking a restrictive use condition
  • Making, amending, repealing scheme by-laws
  • Creating, discharging an easement or restrictive covenant

More information on these applications (including the requirement in reg. 56 ST(G)R to lodge a consolidated set of by-laws when making, amending or repealing scheme by-laws) will be available on Landgate’s website in due course.

10.  Significant Variations on Staged Schemes

Currently, regulation 36 STGR set out the requirements for sufficient compliance by a plan of re-subdivision with staged strata by-laws in set out in a management statement.

Below are the requirements under regulation 36 STGR:

  • The number of lots, including in the case of a survey-strata plan the common property lots
  • The area of any one lot, and in the case of a strata plan the area of common property or in the case of a survey-strata plan the area of any common property lot, if the variation exceeds 10%
  • The general configuration of the lots, and in the case of a strata plan the common property or in the case of a survey-strata plan the common property lots
  • The unit entitlement of each of the lots
  • Any easement or other encumbrance registered or area shown as vested or dedicated on the plan, which variation will materially adversely affect any lot or common property shown on the registered plan or the plan of re-subdivision
  • In the case of a strata plan, the location of any building or other improvement shown on the floor plan or location plan contained in the management statement but not shown on the floor plan or location plan respectively of the registered strata plan, in relation to the boundary of the parcel

The ST(G)R will introduce greater variation between the plan and the by-laws to allow developers more flexibility. Also, these variations will apply not only to re-subdivisions (Type 4 subdivision), but also consolidation of lots (Type 3 subdivision) and the conversion of lots to common property (Type 1(b) subdivision). Regulation 49 of the ST(G)R states that each of the following will be a significant variation:

  • The relative unit entitlement of an existing lot increases or decreases as a result of a future stage of subdivision by 10% or more (beyond what is provided in the staged subdivision by-laws)
  • The number of lots in a future stage of subdivision increases or decreases by 10% or more (beyond what is provided in the staged subdivision by-laws)
  • The registered easements or restrictive covenant change in a way that materially adversely affects an existing lot (beyond what is provided in the staged subdivision by-laws).

A licensed valuer may make a determination about whether a stage of subdivision is or is not a significant variation in relation to the first dot point above and will need to consider how any changes in configuration of scheme buildings, lots or common property on the plan when compared with the staged subdivision by-law affects the unit entitlement of any existing lots in the scheme. This determination will be found on the valuation certificate – see item 10 of this notice.

A licensed surveyor may make a determination about whether a stage of subdivision is or is not a significant variation in relation to the second and third dot points above. This determination will be found on the Regulation 54 certificate – see item 10 of this notice.

11.  Forms/Certificates

All the STGR forms will either become approved forms or will no longer be required. Below is a list of how the current forms are affected by the amended Act:

Current Act Form: Amended Act Form:
Form 3 - Schedule of Unit Entitlement and Certificate of Licensed Valuer Approved form
Forms 5 & 6 - Certificates of Licensed Surveyor
Form 35  - Certificate of Licensed Surveyor - Merger in Strata Scheme
Form 38 - Certificate of Licensed Surveyor - Conversion to a Survey-Strata Scheme
Regulation 54 certificate of the Licensed Surveyors (General Surveying Practice) Regulations 1961
Form 8 - Annexure of Strata/Survey-Strata Plan No. and Schedule of Encumbrances Approved form
Form 9 - Certificate of Local Government Consenting to Conversion of Common Property No longer required
Form 12 - Certificate of Strata Company Authorising Application to State Administrative Tribunal No longer required
Form 11 - Certificate of Consent by Strata Company to Amended Schedule of Unit Entitlement
Form 13 - Certificate of Strata Company Authorising Acceptance of Transfer or Lease
Form 14 - Certificate of Resolution and Consents to Transfer or Lease, Easement or Restrictive Covenant
Amalgamated Certificate of Strata Company
Form 15 - Notice of Resolution of Termination of Scheme Approved Form
Form 16 - Notice of Change of Address for Service of Notices
Form 17 - Notice of Change of Name of Scheme and Change of Address for Service of Notices
Amalgamated approved form
Form 18 - Certificate of Local Government Consenting to Strata Plan Consolidation No longer required - BA form to be required if a building is involved
Form 19 - Notice of Resolution to Vary, Remove or Add a Restriction Approved form
Form 10  - Certificate of Strata Company Consenting to Conversion of Common Property 
Form 20 - Application for Re-subdivision by Strata Company
Amalgamated approved form
Form 21 - Notice of Amendment, Repeal or Addition of By-law
Form 25 - Management Statement
Amalgamated approved form
Form 22 - Disposition on Subdivision
Form 23 - Disposition of Re-subdivision
Amalgamated approved form
Form 24 - Application to Western Australian Planning Commission for Approval to Strata Plan Approved form which will be available on WAPC website
Form 26 - Certificate of Grant of Approval by Western Australian Planning Commission to a Strata Plan Approved form
Form 27 - Certificate of a Licensed Valuer No longer required
Form 28 - Disclosure Statement
Form 29 - Buying and Selling a Strata Titled Lot
Approved form
Form 30 - Notice of Resolution of Merger of Buildings
Form 32 - Notice of Resolution of Merger of Land
Form 33 - Notice of Resolution of Merger of Buildings and Land
Amalgamated approved form
Form 31 - Notice of Object to Automatic Merger of Buildings No longer required
Form 36 - Certificate of Licensed Valuer - Merger in Strata Scheme No longer required
Form 37 - Notice of Resolution of Conversion to a Survey-Strata Scheme Approved form
Form 39 - Disposition on Merger of Land or Conversion to a Survey-Strata Scheme Approved form

These forms will be available on Landgate’s website with all the other approved forms required by the amended Act.

11.1 Forms that Accompany the Plan

11.1.1 Schedule of Unit Entitlements and Valuation Certificates

The STGR Form 3 will be replaced by an approved form and will continue to be available on Landgate’s website. For staged subdivision schemes, the determination by a licensed valuer as to the variation between the unit entitlement for each lot on the schedule of unit entitlements and the staged subdivision by-laws not being significant (referred to in item 8 of this notice) will be required to be included on the valuer’s certificate. See the bolded portion of the example below for the likely wording.

CERTIFICATE OF LICENSED VALUER

I,  ____________________, being a Licensed Valuer, licensed under the Land Valuers Licensing Act 1978 certify that the unit entitlement of each lot (in this certificate, excluding any common property lots), as stated in the schedule bears in relation to the aggregate unit entitlement of all lots delineated on the plan a proportion not greater than 5% more or 5%  less than the proportion that the value (as that term is defined in section 37(3) of the Strata Titles Act 1985 as amended 2018) of that lot bears to be aggregate value of all the lots delineated on the plan.

I have determined that the unit entitlement is/is not a significant variation to staged by-law(s) no(s) _____________ in compliance with regulations 49, 50 and 55(4) of the Strata Titles (General) Regulations 2019.

The STGR Form 36 will no longer be required to be lodged for a merger of common property. If no amended schedule of unit entitlements is lodged with any merger dealing, it will be taken that there is no amendment to the unit entitlement of each lot within the scheme as a result of the merger.

11.1.2 Surveyor's Certificates

The STGR forms 5 (strata plans), 6 (survey-strata plans of re-subdivision), 35 (merger sketch plans) and 38 (plans of conversion to survey-strata), which are signed by surveyors will no longer be required. By virtue of the bolded portion of the below example of a regulation 54 certificate of the Licensed Surveyors (General Surveying Practice) Regulations 1961, surveyors will need to be mindful that by signing this certificate, you will be certifying to all the items currently contained in the aforementioned forms. In the case of the part of Forms 5 and 6 which certifies to compliance with re-subdivision by-laws as set out in a management statement, the reg.54 certificate will need to state that the plan does not significantly vary from the staged by-law(s) relevant to the plan – see example below .

Certificate

I hereby certify that this plan is accurate and is a correct representation of the —

(a) *survey; and/or

(b) *calculations from measurements recorded in the field records,

[* delete if inapplicable]

undertaken for the purposes of this plan and that it complies with the relevant written law(s) in relation to which it is lodged.

(Suggested Wording)

I have determined that this plan is/is not a significant variation to staged by-law(s) no(s) ………………………..registered on ………………………..in compliance with  regulations 14, 49(4) & 50 of the Strata Titles (General) Regulations 2019.

.....................................        ......................................

Date                                      Licensed surveyor

11.1.3 Occupancy Permit and Building Approval Certificate

The amended Act states that, for a strata scheme, the scheme plan or amendment of the scheme plan is accompanied by an occupancy permit or building approval certificate under Part 4 Division 3 of the Building Act 2011 (BA) for each scheme building constructed or modified in the course of a subdivision to be given effect by registration of the scheme or amendment of the scheme.

This means that the amended Act has repealed section 50 of the BA, thus eliminating the BA Forms 12 and 16 so Landgate will accept any occupancy permit or building approval certificate which the permit authority issues. For any amendment of a strata plan (subdivision types 1 to 4) which involves the construction or modification of a building, a BA form will be required to be lodged with the plan. If no building is involved, no BA form will be required.

It is worth noting here that, for type 3 subdivisions (currently consolidation of lots) of a strata plan, the requirement will be for a BA form to be lodged with the plan (instead of the current STGR Form 18 certificate of local government) if the construction or modification of a building is involved.

Note: Department of Mines, Industry Regulation and Safety (Building and Energy Division) are engaging with WALGA and Local Governments regarding any required changes to the existing BA forms.

11.1.4 Certificate of Planning Approval

The STGR Form 26 will be replaced by an approved form. Upon commencement of the amended Act, strata plans which will need to be sent to the WAPC will be required to be lodged with the planning approval certificate built into the plan template. These templates are available in Landgate’s eKit. Landgate will continue to receive planning certificates which have been delegated to local authorities as an attachment through the plan portal.

12.  Terminations (Sections 171 to 195 of the amended Act)

The termination process is outlined below with the notices required to be lodged at Landgate bolded throughout. These notices form part of an overarching “Notice of a Termination Event” (see the example at the end of this item) and will be endorsed on the plan and titles.

Part A – The proposal

Prepare outline termination proposal

An owner or a person who has a contract to buy a lot within a scheme (the proponent) who wants to terminate the scheme must prepare an outline of the termination proposal telling owners:

  • what each owner is being offered for their lot, and
  • what is proposed for the termination, for example: is the termination aimed at redeveloping the land, are owners getting a replacement lot or going to be paid money for their lot, etc.

The Act specifies the information that needs to be in the outline proposal.

Distribute to owners and mortgagees

The outline proposal can then be submitted to the strata company which serves it on all owners and mortgagees within 14 days.

  • The strata company lodges a “Notice of Termination Event - Receipt of an Outline Proposal” at Landgate.

Vote on outline proposal

All owners and mortgagees have three months to consider the outline proposal, after which time the strata company will hold a general meeting. If an ordinary resolution (a simple majority vote) is passed in favour of the outline proposal, the proponent can proceed to the next step.

  • If the vote is unanimous, the strata company lodges a “Notice of Termination Event – Receipt of Unanimous Outline Termination Proposal” at Landgate.
  • If the strata company does not pass an ordinary resolution in favour of the outline proposal, the termination proposal comes to an end and the Registrar is notified by lodgement of a “Notice of Termination Event - Withdrawal of Termination Proposal by the Proponent” or “Notice of Termination Event - Termination Proposal Unable to Proceed” at Landgate”.

Obtain planning approval

Currently, there are two separate termination processes for strata and survey-strata schemes:

  • strata schemes revert back to the previous parent lot, whereas
  • survey-strata schemes become a Conversion Deposited Plan which retained the same lots as depicted previously on the survey-strata plan.

Section 177 of the amended Act will require terminations for all strata title schemes to obtain approval of a plan of subdivision by the WAPC for the parent parcel to cease to be subdivided by a strata titles scheme. This means that a deposited plan of subdivision depicting the parent parcel will need to be lodged at Landgate before the termination can be registered.

Prepare full proposal

The proponent prepares a full (detailed) termination proposal which must include:

  • the approved plan of subdivision for the proposal
  • specifics of what each owner is being offered for their lot,
  • details of what is proposed to happen with any mortgages and leases over the lots
  • details of how the strata company’s assets and liabilities will be finalised if the scheme is terminated
  • an infrastructure report (paid for by the proponent)

Part B – The vote

Distribute the full proposal to all parties

The strata company must serve the full proposal on every owner, mortgagee and occupier of a lot in the scheme. No decision may be made on the termination until two months have passed, enabling detailed consideration of the proposal.

  • The strata company lodges a “Notice of Termination Event - Receipt of a Full Termination Proposal” at Landgate.

Vote on the full proposal

Multiple meetings may be held to understand and negotiate with the proponent on the termination proposal. A vote in favour of the termination proposal is only effective if it happens between two and six months after the proposal was served.

Unanimous vote - no need for a SAT review. Schemes less than 5 lots can only terminate by unanimous resolution.

Majority vote - for schemes of five or more lots the owners of at least 80 per cent of lots vote in favour before the proponent can apply to the SAT for them to undertake a fairness and procedure review.

  • The strata company lodges a “Notice of Termination Event – Termination Resolution was Passed” at Landgate.

Part C – The fairness and procedure review

Apply for a SAT review.

If the full proposal attains the required majority vote the proponent must apply to the SAT for a fairness and procedure review.

  • The proponent lodges a “Notice of Termination Event - Application made to State Administrative Tribunal for confirmation of majority vote” at Landgate.
  • The strata company lodges a notice of SAT’s decision at Landgate.

Apply to the Western Australian Planning Commission to endorse the plan of survey

The deposited plan lodged at Landgate will need to be sent to WAPC for their approval before the termination can be registered.

Apply to the Registrar to register the termination.

The proponent will lodge an Application for Termination (ST-TERM) with, if applicable:

  • a statement (in the approved form) of how each item registered or recorded for the scheme in the Register is to be dealt with; and
  • disposition statements, instruments or documents necessary for that purpose.

Upon registration, a title for the lot on the deposited plan will be created in the name of all the owners of the scheme as tenants in common in shares proportional to their unit entitlements.

  • Under section 188 of the amended Act, all the notices received by Registrar of Titles (highlighted yellow throughout this item) will be recorded as a notification in the register. This is to ensure that people who search can see if the scheme is considering a termination proposal. A notice of withdrawal of a termination proposal (section 186 of the amended Act) or a notice that a termination proposal cannot proceed further (section 187 of the amended Act) will be regarded as a withdrawal of all earlier notifications recorded in the Register about the termination proposal.
12.1 Termination by a Single Owner (section 191 of the amended Act)

If all the lots in a strata titles scheme are owned by the same person, that person can make an Application for Termination by a Single Owner or Unanimous Agreement (ST-TERM) at Landgate without the requirement to go through the whole termination process outlined in this item. This application will need to be accompanied by:

  • a statement (in the approved form) of how each item registered or recorded for the scheme in the Register is to be dealt with; and
  • disposition statements, instruments or documents necessary for that purpose.

Upon registration, a title for the lot on the deposited plan will be created in the name of the single owner of the scheme.

13.  Expiry of Survey-Strata Plans

Survey-strata plans will be subject to section 146 of the Planning & Development Act 2005 (P&D Act) by virtue of section 17 of the amended Act, which means that survey-strata plans lodged on or after commencement day of the amended Act will expire 2 years after WAPC approval if not registered beforehand. This will also be retrospective to existing plans lodged with Landgate prior to 1 May 2020 and not yet registered.

14.  Structural Alteration of a Lot in a Strata Scheme

Regulation 74 ST(G)R (formerly regulation 34 STGR) sets out the information to be provided by an owner applying for the approval of the strata company for any structural alteration to the owner’s lot. This application must contain information such as:

  • the open space or plot ratio requirements of the local authority which apply to the strata scheme as a whole and the particular lot;
  • the percentage and area by which these will be exceeded;
  • the dimensions of the structure when it is completed:
  • the location and dimensions of the proposed structure upon its completion in relation to any existing structure on the lot or to the boundaries of the lot;
  • whether the structural alteration to the lot changes the boundaries of the lot and whether the applicant has sought advice from a licensed surveyor about the effect of the structural alteration.

The last dot point has been added to the ST(G)R to help ensure that a lot owner carrying out any structural alteration seeks the advice of a licensed surveyor as to whether lot boundaries are amended and how best to update the strata plan.

15.  Temporary Common Property

Section 18 of the current Act allows a strata company to accept a lease of land within or contiguous to a strata/survey-strata scheme to create additional common property. This will now be provided for in section 92 of the amended Act and will be known as temporary common property. This lease will continue to be registered on the plan.

If the land to be leased is portion of a lot within the scheme or portion of contiguous land, the Registrar of Titles will require an Interest Only Deposited Plan to be lodged at Landgate depicting the part of the land subject of the lease.

16.  Transitional Requirements

16.1 Plans

Can Strata Titles (General) Regulations 2019 compliant plans be lodged before commencement 1st May 2020?

Landgate cannot accept Strata/survey-strata plans with amended Act references prior to commencement 1st May 2020.The Surveyors Certificate requires compliance with legislation in force at the time of lodgement. If the Strata Titles (General) Regulations 2019 compliant plans are lodged, these plans will be requisitioned due to the non-complying Surveyors Certificate.

What happens to my lodged Strata Titles (General) Regulations 1996 compliant plans?

Landgate will work with the Lodging Surveyor to ensure existing Strata Titles (General) Regulations 1996 compliant plans that have been lodged, will be registered under the amended act, upon commencement 1st May 2020.

We have provided the below scenarios to help you understand the action Landgate will take for lodged Strata Titles (General) Regulations 1996 compliant plans.

Scenario:

Transition Action:

1.  Strata/Survey-strata plan lodged on or after commencement 1 May 2020

Strata/survey-strata plan must comply with the amended Act

2.  Strata/Survey-strata plan lodged and IOFD prior to commencement 1 May 2020

Application for registration lodged prior to commencement day

Strata Plan can be registered. No action required

3.  Strata/Survey-strata plan lodged prior to commencement 1 May 2020 and not IOFD

Application for registration not lodged prior to commencement day

4.  Strata/Survey-strata plan lodged prior to commencement 1 May 2020 and not IOFD

Application for registration lodged prior to commencement day and not examined

5.  Strata/Survey-strara plan lodged and IOFD prior to commencement 1 May 2020

Application for registration not lodged prior to commencement day

If the plan does not comply with the amended act, the lodging surveyor (acting for the owner) may request Landgate to endorse the plan with a notice. This notice will bring the plan in line with the amended Act and allow registration under the amended Act.

Alternately, an amended plan can be lodged without incurring a replacement plan fee

*Note: if a plan is requisitioned after commencement day,

the amended plan must also include any required changes to bring the plan in line with the amended Act. In this instance, the above-mentioned notice cannot be used on the plan.

Please refer to Strata Titles (General) Regulations 2019, regulation 177 for further information.

16.2 Forms/Certificates

If my forms/certificates accompanying my plan were signed prior to commencement, can I still lodge them on 1st May 2020?

The following Strata Titles (General) Regulations 1996 forms/certificates will be accepted by Landgate, with the lodgement of a plan on or after 1st May 2020, if they were signed, and dated prior to commencement day:

  • Form 3 - Schedule of unit entitlement and valuation certificates
  • Form 18 – Certificate of Local Government (strata plans of consolidation)
  • Form 26 - Certificate of Grant of Approval by Western Australian Planning Commission to a Strata Plan
  • Form 36 - Certificate of Licensed Valuer - Merger in Strata Scheme
  • Building Act Forms 12 (Occupancy Permit) and 16 (Building Approval Certificate)

Note: Landgate cannot accept these forms if they are signed and dated after commencement day. They will need to be replaced with the equivalent new form.

The following Strata Titles (General) Regulations 1996 forms/certificates will be replaced by the Reg 54 Surveyors Certificate for all plans lodged on or after 1st May 2020.

  • Form 5 – certificate of licensed surveyor (strata plans)
  • Form 6 – certificate of licensed surveyor (survey-strata plans of re-subdivision)
  • Form 35 – certificate of licensed surveyor (merger sketch plans)
  • Form 38 – certificate of licensed surveyor (plans of conversion to survey-strata)

Please refer to the amended Strata Titles Act 1985, Schedule 5 Clause 8, for further information.

16.3 Staged Schemes (Regulation 178(2) ST(G)R)

If previous stages of a plan were registered before 1 May 2020, the subsequent stages will still be required to comply with regulation 36 of the STGR 1996, which will need to be endorsed on the regulation 54 certificate accordingly (see example below for suggested wording).

This plan complies or sufficiently complies with Schedule 1 by-law(s) no(s) ................................... on Strata Plan no. ............... registered on …………………. in a way that is allowed by regulation 36 of the Strata Titles General Regulations 1996.

17.  Digital Data

17.1 CSV file requirements

A CSV file is required as part of the lodgement of the plan.

The CSV file will outline the total area, floors and sheets for each lot as shown in the below table and example.

CSV Attributes:

Attribute:

Definition:

lotident

Lot number

areatotal

Total area of Lot

floors

Text string of floors for Lot

Sheets

Text String of sheets for Lot

Example CSV

lotident,areatotal,floors,sheets

1,57,"B,G,1","2,3,4"

2,77,"B,G,1","2,3,4"

3,79,"B,G,2","2,3,5"

4,55,"B,2,3","2,5,6"

5,55,"B,2,3","2,5,6"

Note: see APX-10 Strata Plan Digital Data Format Specification for additional detail.

17.2 CSD file requirements

For a strata plan that:

  • creates a new road, road widening or vesting lot under the Planning and Development Act 2005 (P&D Act),
  • brings forward existing or creates new interests or notifications of a spatial nature,

a CSD file will be required as part of the lodgement of the plan. The CSD file will be required to capture the relevant road/lot/ interest polygons and the necessary ties to corners only. The parent lot is to be shown as a Lot on the CSD file. For interest polygons over Common Property, lot label is to be of the Parent Lot.

Note: see APX-05 Digital Electronic Records for Plans - Format Specification

18.  Documents

Applications lodged before 1 May 2020 – see regulation 177 of the Strata Titles (General) Regulations 2019 (ST(G)R) and Schedule 5 clause 7 of the amended Act for transitional provisions

Applications to register a strata/survey-strata plan lodged but not finally dealt with by the Registrar of Titles before 1 May 2020 may be registered in accordance with the Act in force immediately before 1 May 2020 if the Registrar is satisfied of the matters in regulation 177(2) of the ST(G)R (outlined in section 16.1 of this Guide).

Subject to the above, any applications and associated documentation/evidence lodged at Landgate but not registered prior to 1 May 2020 will be taken to have been lodged under section 56 of the amended Act as an application for registration of a strata titles scheme or amendment of a strata titles scheme.

  • a strata/survey-strata plan
  • a plan of re-subdivision
  • a plan of consolidation
  • a transfer for the conversion of 1 or more lots into common property
  • a transfer of land into a scheme
  • a transfer of common property out of a scheme
  • a lease, transfer of a lease or sub-lease, or the surrender of a lease
  • the creation or surrendering of an easement or restrictive covenant
  • an amended schedule of unit entitlement
  • an imposition, variation or revocation of a restricted use condition.

Applications lodged on or after 1 May 2020

Any application to register a strata titles scheme lodged on or after 1 May 2020 will require the appropriate approved form Application to register a strata titles scheme to be presented for lodgement, together with a Scheme Notice anda Statement to Deal with Land.

Applications lodged on or after 1 May 2020 to amend a strata titles scheme will require the use of the appropriate approved forms and should include, where applicable, the Statement to Deal with Land. Any STGR forms lodged which was signed and dated before 1 May 2020 and lodged as evidence accompanying any application on or after 1 May 2020 will not be accepted. The appropriate approved forms will need to be lodged with the application. There will be a guide to the appropriate approved forms available on Landgate’s website in the near future.

18.1 By-laws

For a strata titles scheme registered before 1 May 2020, by-laws that are made (become unconditional) before 1 May 2020 but not lodged with the Registrar of Titles must be lodged within 3 months of the date that they were made. For by-laws lodged on or after 1 May 2020, Landgate will accept a STGR Form 21 (see Schedule 5 clause 4 of the amended Strata Titles Act 1985 for the transitional provisions).

For schemes registered before 1 May 2020, subject to the transitional provision above, Landgate will require the appropriate approved forms.

On or after 1 May 2020, by-laws which were intended to be lodged in a management statement will require the appropriate approved form to be lodged. A STGR Form 25 will not be accepted.

18.2 Terminations - see Schedule 5 Clause 21 of the Amended Action for Transitional Provisions

If an application for the termination of a strata or survey-strata scheme is lodged before 1 May 2020, the Registrar of Titles must take the steps required by sections 30 or 30A of the current Act to register the termination of the scheme. Any application to terminate a scheme lodged on or after 1 May 2020 will not be accepted unless the requirement for subdivision approval and the process outlined in item 12 of this Guide has been completed.

Annexure A

See below table for parts of the Amended Act of most relevance to Strata/Survey-Strata Plans and associated documentation

Title:Section:
Strata Titles Schemes
Strata titles schemes 7
Freehold schemes and leasehold schemes 8
Lots - Strata schemes ad survey-strata schemes 9
Common property 10
Subdivision of land by strata titles scheme 11
Registration of strata titles scheme 12
Strata titles 13
Strata company 14
Planning and Development
Planning Approvals
Subdivision approval of strata scheme 15
Application of Planning and Development Act 16
Subdivision approval of survey-strata scheme 17
Planning (scheme by-laws) condition 18
Planning approval of scheme plan or amendment of scheme plan 19
Approval for postponement of expiry date of leasehold scheme 20
Approval for modification of restricted use condition 21
Approval under planning (scheme by-laws) condition 22
Requirement for local government approval 23
Preliminary Determinations
Preliminary determinations by local government 24
Common Property
Long term lease of temporary common property 25
Long term lease or licence over common property 26
Review of Decision
Review of Planning Commission decision 27
Review of local government decision 28
Scheme Documents
Scheme Notice
Scheme Notice 29
Scheme name and address for service of strata company 30
Postponement of expiry date for leasehold scheme 31
Scheme Plans
Scheme Plan 32
Short form easements or restrictive covenants 33
Requirements for registration of scheme plan 34
Requirements for registration of amendment of scheme plan 35
Exemption for state subdivision 36
Schedule of Unit Entitlements
Schedule of unit entitlements 37
Requirements for registration of amendment of schedule of unit entitlements 38
Scheme By-laws
Scheme by-laws on registration 39
Leasehold by-laws 40
Resolution for postponement of expiry day under leasehold by-laws 41
Staged subdivision by-laws 42
Exclusive use by-laws 43
Making of scheme by-laws 44
Application of scheme by-laws 45
Invalidity of scheme by-laws 46
Enforcement of scheme by-laws 47
Requirements for registration of amendment to give effect to scheme by-laws 48
Strata Leases
Relationship with other laws 49
Term of strata lease 50
Limitations on powers of owner of leasehold scheme 51
Content and form of strata lease 52
Amendment of strata lease 53
Enforcement of strata lease 54
Contracting out prohibited 55
Registration and Land Titles
Schemes and amendments of schemes
Application for registration 56
Effect of registration 57
Registration process 58
No presumption of validity of scheme by-laws 59
Re-entry or Surrender of Strata Leases
Notice and registration 60
Statutory Easements
Easement for support, shelter and projections - lot 61
Easement for support, shelter and projections - common property 62
Utility service easement 63
Common property (utility and sustainability infrastructure) easement 64
Entry under statutory easement 65
Rectification of damage 66
Lot Owners and Occupiers
Structural Alteration of Lots
Terms used in this Division 86
Structural alterations of lot in strata scheme 87
Structural alteration of lot in survey-strata scheme 88
Approvals and objections to structural alterations 89
Order dispensing with approval for structural alteration of lot 90
Protection of Buyers
Avoidance of contract on notification of variation for material prejudice 160
Avoidance of contract for failure to disclose type 1 notifiable variation 161
Avoidance of contract for failure to disclose type 2 notifiable variation 162
Variation of Strata Titles Scheme by Tribunal
On Compulsory Acquisition
Variation of strata scheme on taking 167
Variation of survey-strata scheme on taking 168
Acquiring authority to lodge redefining plan after partial taking 169
Termination of Strata Titles Scheme
Forms of Termination 171
Notification of expiry 172
Proponent 173
Outline of termination proposal 174
Content of outline of termination proposal 175
Ordinary resolution and support of owner of leasehold scheme required to proceed further 176
Approval of plan of subdivision 177
Full Proposal 178
Reference of full proposal to independent advocate 178A
Content of full proposal 179
Support of owner of leasehold scheme required 180
Meetings and submissions 181
Vote 182
Confirmation of termination resolution by Tribunal 183
Endorsement of subdivision approval on plan 184
Application for termination of scheme 185
Withdrawal of termination proposal 186
Notice that termination proposal cannot proceed further 187
Notices received by Registrar of Titles 188
Costs of process 189
Arrangements for independent advice or representation for owners 190
Notice of expiry or application for termination of scheme 194
Effect of termination of scheme 195
Termination on compulsory acquisition 196

Strata Title Schemes

STP-01 Strata Titles Schemes

Version 2 - 01/05/2020

The information provided in this guide is not intended to amount to legal advice. Professional assistance may be required to determine the most appropriate action to protect your legal rights. Please read our Terms of Use on the Strata Titles Policy and Procedure Guides web page. Landgate accepts no responsibility where parties print this guide and seek to rely on information that is out of date.

1 Introduction to Strata Title Schemes and History of the Strata Titles Act

1.1 Introduction

The Strata Titles Act, 1966 (STA) was the first strata titles legislation in Western Australia. It was introduced to permit certificates of title to be issued for parts of buildings. In effect blocks of home units were subdivided by a Strata Plan, resulting in a title being issued for each lot in the building. Because of the close nature of the living environment and the mutual dependence of one lot on another, the Act set up processes and structures to cope with that environment and to promote harmonious co-existence.

In a strata or survey-strata scheme individual proprietors may own portions of the land, buildings, air and soil comprising the lot; but any part not individually owned is common property.

The main advantage of a strata scheme for a building is that it gives the security of a title for a defined lot plus an interest in the common property. This protects the equity of the owner and any mortgagee of the lot overcoming the problems suffered by the only previous alternatives, tenancies in common or company shares.

The STA provides the vehicle to put in place the lots, common property and management control necessary for an orderly use of the land. The STA standard by-laws ensure standards of behaviour, building maintenance and management are maintained.

An STA subdivision allows the occupiers to share services and facilities and to agree to mutually beneficial restrictions.

The STA provides the best option for multi storey buildings or buildings sharing a parcel of land. Also, because of the nature of the tenure the initial costs for a developer are substantially less for an STA subdivision than for a TLA subdivision and this has made it an attractive development alternative.

Land use in older urban areas is changing, resulting in land owners seeking ways to redevelop their properties. Strata titling is an accepted process in this situation for residential, commercial and industrial land and has gained acceptance in historic building renovation schemes and in rural and resort developments.

2 History of the Strata Titles Act

The Strata Titles Act 1966 (STA) came into operation on 1 November 1967. It was:

"An Act to facilitate the Subdivision of Land in Strata and the Disposition of Titles thereto, and for incidental and other purposes"

This Act was designed to overcome the problem of share or company titles where a proprietor’s interest was not defined by a title to a specific part of the parcel. The 1966 Act allowed for a strata lot to be created with boundaries defined by the Act as the centre plane of the walls, floors and ceilings. On registration of the Strata Plan, a certificate of title was issued for each lot which included common property.

The 1966 Act proved deficient in several areas:

  • Unit entitlements were allocated by the property developer or surveyor and were not necessarily based on the relative values of the lots.
  • A lot could not include land outside of the building.
  • Lot boundaries as defined by the Act were unsatisfactory.
  • There were no easy dispute resolution provisions.
  • Standard by-laws were deficient.
  • It was not possible to re-subdivide land in a strata scheme.
  • Exclusive use by-laws could not be registered.

In the early 1980s, a Law Reform Commission of Western Australia Report recommended substantial changes to the existing Act.

The 1966 Act was repealed and replaced by the Strata Titles Act 1985 and it is the current Act. The main changes were:

  • Boundaries of lots on all Strata Plans became the inner surfaces of the walls, floors and ceilings.
  • Lot boundaries could be defined by a variety of wordings on new Strata Plans.
  • Unit entitlement was determined by a licensed valuer on the basis of relative values of the lots.
  • It was possible to include part of the land outside of a building as part of the lot.
  • It was possible to re-subdivide lots and common property.
  • It was possible to consolidate lots.
  • Exclusive use by-laws must be registered.
  • Lots could be created without buildings on them (Vacant Lots).
  • A Strata Titles Referee was appointed for dispute resolution.
  • The standard by-laws were revised.
  • A 12-month period from the appointment date (1 July 1985) was given to register any unregistered Strata Plans lodged under the 1966 Act. This was later changed and an extension was given to 30 June 1987. Notice was sent to the owners of the affected Strata Plans that if not registered by 30 June 1987 the Strata Plan would become Null & Void. In effect those strata plans are now treated as cancelled Strata Plans.

In 1992 a Consultative Committee consisting of industry representatives was formed by the then Department of Land Information to recommend legislative changes. This Committee formulated changes over the next 5 years that were designed to improve the Act to meet modern community expectations.

A notable change considered beneficial to all strata lot owners was the compulsory requirement for common insurance by the strata company. This compulsory insurance coverage was for building replacement and public liability and was designed to protect all lot owners.

This consultative process resulted in the Strata Titles Amendment Act 1995 being passed by Parliament in 1995 and proclaimed on 14 April 1996. The main changes were:

  • The introduction of Survey-Strata Plans.
  • Management statements.
  • New plan and document forms.
  • Compulsory disclosure of information on the sale of strata properties.
  • Standard by-laws for all strata companies.
  • New types of resolutions.
  • Stronger powers for the Referee.
  • Standard Schedule 1 and 2 by-laws common to all schemes.
  • The ability to register within a 12-month period, 1966 STA by-law resolutions that created exclusive use and other rights or privileges that could not have been previously registered.

As a result of these changes the issue of compulsory common insurance became a focus of intense community debate. This caused considerable political pressure that resulted in a “Task Force” being appointed by the Government. The job of this group was to develop legislative methods of overcoming community concerns at the changes.

This resulted in legislation being passed in December 1996 and being proclaimed on 20 January 1997.

The main changes introduced were:

  • Automatic changes to single tier strata schemes of 5 lots or less so the boundaries were changed automatically to the external surfaces of the buildings unless an owner in the scheme objected prior to 20 July 1997.
  • The option to merge common property land with lots by resolution and without local government or WAPC consent in schemes registered before 1 January 1998.
  • The ability to convert existing Strata Plans registered before 1 January 1998 by unanimous resolution to Survey-Strata Plans without local government or WAPC consent.
  • The option of individual insurance.
  • The choice of opting out of insurance cover.

These changes have given lot owners simple and cheap solutions to having common property included as part of their lots. This, combined with the individual insurance changes has provided more flexibility to strata lot owners to select what they consider best for their scheme.

Since these changes the Strata Titles Consultative Committee has been disbanded and a group known as the Community Titles Advisory Committee (CTAC) was appointed.

3. The Community Titles Advisory Committee

The role of the CTAC was to continue to improve the legislation to meet industry and community needs.

The committee had representatives from:

  • Landgate
  • The Department of Planning
  • The State Administrative Tribunal (the Department of Justice)
  • Western Australian Municipal Association
  • Water Corporation
  • Real Estate Institute of Western Australia
  • Spatial Science Institute
  • Law Society of Western Australia
  • Australian Institute of Conveyancers WA Division Inc
  • Urban Development Institute of Australia (Western Australian Division Inc)
  • Strata Titles Institute of Western Australia
  • Representatives of owners of lot(s) in single tier and multi-tier strata schemes
  • Chairperson appointed by the Hon Minister for Lands
  • A reference group involving numerous organisations was identified to assist the Committee.

The Committee considered the following issues:

  • Upgrading the STA.
  • Conciliation service.
  • Termination of schemes.
  • Staged developments.
  • Multi-tiered schemes and Management Statements.
  • The ability to strata part of a building.
  • Leasehold strata.
  • Separation of title and subdivision issues from management and resolution of dispute issues.

In the early 2010s, Landgate set about delivering major reforms to strata. The aim of changes was to resolve problems for people in strata and introduce new forms of land development to drive economic growth and support the Government’s delivery of affordable housing and METRONET station precincts.

The way strata was being used and developed had changed since the Strata Titles Act 1985 was enacted. The reforms aimed to resolve problems for people in strata by providing a modern, transparent and accountable legislative framework for creating and managing strata. The reforms followed six years of consultation with a wide range of community, government and private sector stakeholders to get the best outcome for all.

In 2018, Strata’s importance to the Western Australian economy was underlined by over 300,000 strata lots situated across the State that were worth more than $170 billion. Strata also represented almost half of all new land subdivisions in WA. With WA’s population predicted to rise to 5.6 million by 2056, the reforms were needed to support the delivery of more affordable and sustainable community living spaces.

The reforms were delivered through two separate Acts known as the Strata Titles Amendment Act 2018 (STAA) and the Community Titles Act 2018. Community schemes provide for community ownership of common facilities across neighbouring schemes, necessary for creating the high-density urban villages on which the new METRONET station precincts are modelled.

Problems before the reforms were resolved by:

  • Improving the management of schemes - Strata managers to be more regulated and accountable and by-laws more easily enforced. Owners able to have more say in how their scheme is managed and improved, including retrofitting their properties with solar panels or disability access. It also became easier to facilitate ongoing maintenance of schemes.
  • Providing better information for buyers - Buyers to receive better information about the strata lots they are buying.
  • Simplifying dispute resolution - Dispute resolution to become simplified with the State Administrative Tribunal (SAT) becoming the one-stop shop for strata disputes. SAT's powers to be strengthened to resolve strata disputes quickly, cheaply and effectively.
  • Introducing safeguards for termination of schemes - New safeguards for owners introduced to enable a transparent termination process to be followed, which includes a full procedural and fairness review by SAT. This process provides owners with an avenue to terminate and receive fair market value before their building becomes too unsafe or expensive to maintain.
  • Enabling more flexible staged subdivision - Streamlining approaches for achieving consent to vary existing strata and survey-strata schemes to provide developers with increased flexibility and reduction in costs and time associated with staged subdivision.
  • Introducing leasehold schemes - A leasehold scheme is a strata or survey-strata scheme created for a fixed period, ranging from 20–99 years. It operates under the same governance framework as a freehold strata scheme with some variations. A lot in a leasehold scheme may be bought, sold and mortgaged just like a freehold scheme, however the scheme and all lots within it exist until the expiry day. Leasehold schemes are useful for providing affordable housing and developing freehold land on strategic sites that the government wish to retain control of in the long term.

Other changes resulting from the commencement of the STAA included:

  • The concept of registering a strata titles scheme by registering the scheme documents being the:
    • the scheme plan,
    • the schedule of unit entitlements
    • the scheme notice (containing the scheme name, address for service of the strata company and, if applicable, that the scheme is a leasehold scheme)
    • scheme by-laws, and
    • strata lease document (leasehold schemes only)
  • changes to the scheme plan such as:
    • indicating who manages and controls encroachments shown on the plan
    • lot numbering no longer requiring to be consecutive starting at 1
    • building lot boundaries no longer requiring to be defined by the prescribed wording
    • plan features, such as the north point, no longer a regulated requirement
  • introducing short form utility service easements, easements in gross and restrictive covenants
  • addition into and removal of common property from a scheme requiring subdivision approval by WAPC
  • all forms associated with strata plans and dealings no longer being regulated forms
  • termination of all schemes requiring the lodgement of a Deposited Plan depicting the parent lot and notices of the completion of each stage of termination at Landgate
  • survey-strata plans becoming subject to s.146 P&D Act expiry

4. Strata Titles Schemes

A strata titles scheme refers to a strata scheme or a survey-strata scheme. The land parcel over which the scheme fits must be a whole or complete freehold land parcel i.e. it cannot be in separate portions. In some cases, a Deposited Plan of amalgamation of more than one parcel is the forerunner to registering a strata titles scheme e.g. where party wall lots are involved on parent titles, the party wall lot(s) must be included into the new subdivisional lot with the interests (easements for party wall rights) either being brought forward, removed or modified as applicable.

5. Types of Schemes

A strata titles scheme may be either:

  • a freehold scheme; or
  • a leasehold scheme.

The majority of the Strata Titles Act 1985 (STA) applies to leasehold schemes in the same way as it applies to freehold schemes. freehold and leasehold schemes can be strata (built strata) or survey-strata schemes.

5.1 Freehold Schemes

A freehold scheme is a strata titles scheme where none of the lots in the scheme are subject to a strata lease or have a leasehold certificate of title. All schemes registered before the commencement of the 2018 amendments to the STA are freehold schemes. In a freehold scheme:

  • there is no separate title for the parcel subdivided by the scheme; and
  • each lot is a freehold lot; and
  • the parcel cannot be dealt with (including by registration of a mortgage) or disposed of under the Transfer of Land Act 1893 (TLA).
5.2 Leasehold Schemes

A leasehold scheme is essentially a strata titles scheme that is set up for a fixed term of between 20 and 99 years. The scheme, all of the lots in the scheme and the strata leases for each of the lots all expire on the expiry day for the scheme. The owner of a lot in a leasehold scheme has a long-term lease of the lot (a strata lease), which they can transfer and mortgage the lot without the lessor’s consent, the lessor being the owner of the parent parcel of land.

A leasehold scheme is registered when the following scheme documents are registered

  • a scheme notice (which must specify the expiry day for the scheme);
  • a scheme plan;
  • a schedule of unit entitlements;
  • scheme by-laws;
  • a strata lease for each lot.

Refer to STR-02 Lodgement and Registration of New Strata/Survey-Strata Plans

5.2.1 Benefits

Crown land in station precincts can be converted to freehold land and transferred to a State agency (e.g. Housing Authority). The State agency can then subdivide that land with a leasehold scheme and sell the lots, using that money to offset the cost of building the station. The leasehold scheme and strata leases in the station precinct will end on the expiry day for the scheme at which point the land and buildings revert to the State agency. With leasehold schemes the State can retain control of strategic sites at station precincts and still generate much needed revenue.

Leasehold schemes give the freehold land owner an opportunity to develop land which they otherwise wouldn’t or couldn’t develop. This is of particular benefit to organisations such as churches and universities who need to retain ownership of their land and make it available for development. Leasehold schemes also offer an alternative form of tenure for retirement villages.

Further advantages of leasehold schemes include:

  • local government rates and land tax liability will be specifically addressed, removing uncertainty that can exist in a leasehold environment
  • a leasehold certificate of title will simplify financing, as lending bodies recognise certificates of title and mortgagees will have the protection of a power of sale.
5.2.2 Features of a Leasehold Scheme

In leasehold schemes:

  • a lot within a leasehold scheme will have its own certificate of title
  • there will be a separate certificate of title for the registered proprietor of the parcel of land (owner of the leasehold scheme/lessor) over which the leasehold scheme is registered
  • the scheme is created for a fixed-term (from 20 years to a maximum of 99 years)if the scheme has appropriate leasehold by-laws approved by the Western Australian Planning Commission, the expiry day of the scheme may be postponed to a later day specified in the leasehold by-laws provided the later day is not more than 99 years after registration of the scheme
  • people can buy and mortgage a lot within the leasehold scheme
  • an owner of a lot (lessee) within the leasehold scheme can easily sell that lot, without needing the consent of the owner of the leasehold scheme (lessor)
  • the owner of the leasehold scheme is entitled to the reversion in the land upon expiry or termination of the scheme.

STP-02 Lots

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The information provided in this guide is not intended to amount to legal advice. Professional assistance may be required to determine the most appropriate action to protect your legal rights. Please read our Terms of Use on the Strata Titles Policy and Procedure Guides web page. Landgate accepts no responsibility where parties print this guide and seek to rely on information that is out of date.

Individual strata lots are usually very small and the unit value of the land (and buildings) is high. So although the nature of the boundary definition is different, the need for accuracy of definition can be among the greatest of any type of subdivision and the consequences of errors or mistakes can be serious.

It is important that the surveyor uses professional ethics and puts in place an individual quality control process to ensure a high standard of survey. Surveyors must follow the regulations of a TLA survey.

1 Types of Lots

There are two types of lots under the STA, each using different lot boundary definitions:

  • Strata lots are cubic space or spaces (i.e. three dimensional) referenced to a building which is shown on a Strata Plan.
  • Survey-strata lots are defined by dimensions and survey information similarly to a TLA subdivision on a Survey-Strata Plan. They may be restricted vertically or unlimited in height and depth.
1.1 Strata Lots

Lots in strata schemes commonly use buildings to define all or some lot boundaries. Strata lots always remain within the confines of the parcel boundaries. Encroachments that extend beyond the parcel boundary can be treated as either common property or part of a lot depending on whether the strata company or the adjoining strata lot owner is responsible for the control and management of the encroachment.

Section 3(2) of the STA specifies the horizontal and vertical boundaries of the cubic space that can form each of the lots. This section also provides for variation of the boundaries of the cubic space to accommodate a specific circumstance. When a variation occurs, the boundaries described must relate to a wall, floor or ceiling. However, clause 3AB of Schedule 2A of the STA accommodates boundary definitions for “single tier strata schemes” by allowing boundaries to extend to the external surfaces of buildings.

Certain schemes will need obvious variations to wordings to fit specific circumstances. It is important that retaining walls, garden brick or stone walls and walls that extend from a building are defined so there is no confusion on ownership. Section 3(2)(b) of the STA allows for the wordings to meet specific needs.

1.1.1 Wording for all Strata Lots

If it is intended to keep the structure of buildings as common property or if it is a high rise building Regulation 15(2)(f) of the Strata Titles General Regulations 2019 (ST(G)R) states that if section 3(2)(a) applies to the floor plan, the scheme plan must contain a statement to the effect that the boundaries of the lots or parts of the lots which are buildings are the inner surfaces of the walls, the upper surfaces of the floor and the under surfaces of the ceiling. Therefore, the following wording could be used:

“Under section 3(2)(a) of the Strata Titles Act 1985, the boundaries of the lots or parts of the lots which are buildings shown on the Strata Plan are the inner surfaces of the walls, the upper surface of the floor and the under surface of the ceiling.(see Plan Example 18).

and for part lots that are external to the building a wording similar to the following could be used:

“the stratum of the part lots external to the buildings extends between 5 metres below and 10 metres above the upper surface level of the lowest ground floor of the building located on each respective lot except where covered”.

Note: The above wording is a guide only and may not be appropriate for Part Lots labelled Courtyard; Carbay; Terrace; Balcony etc. Every cubic space outside the building that forms a Part Lot must be clearly defined with reference to stated surfaces (see Plan Example 1 and Plan Example 6).

Section 3(2)(a) STA may not be appropriate so section 3(2)(b) may need to be used. Regulation 6 ST(G)R states that for the purposes of section 3(2)(b):

  • if the cubic space is within a building that is not a single tier building, the boundaries of the cubic space must be described:
    • in the case of a vertical boundary, if the base of any wall corresponds substantially with any line referred to in paragraph (a) of that definition, by reference to the inner surface of that wall; and
    • in the case of a horizontal boundary, if any floor or ceiling joins a vertical boundary of that cubic space, by reference to the upper surface of that floor and the under surface of that ceiling.
  • if the cubic space is within a building that is a single tier building, the boundaries of the cubic space must be described in a manner that unambiguously defines the cubic space and its location in relation to the relevant building.

Surveyors should use their professional judgment and where appropriate obtain legal advice to select the appropriate wording so there is no confusion as to the boundaries. For instance, if it is intended to clarify the ownership of floor tiles within a multi-tier building to be defined under either section 3(2)(a) or 3(2)(b), the wording in the building boundary statement on the plan could refer to the upper surface of the floor slab, which would suggest that the floor tiles are owned by the lot owner.

For a single tier scheme, if Schedule 2A clause 3AB is to apply, the following wording could be used if the building and attachments (see Schedule 1 clauses 4 and 5 of the ST(G)R are to be included as part of the lot as per regulation 15(2)(g) of the ST(G)R.

“Under clause 3AB of Schedule 2A of the Strata Titles Act 1985, the boundaries of the lots or parts of the lots which are buildings shown on the Strata Plan are the external surfaces of those buildings”.

and if applicable,

“Where 2 lots have a common or party wall or have buildings on them which are joined, the centre plane of that wall, or the plane at which they are joined, is the boundary”.

Schedule 1 clauses 4 and 5 of the ST(G)R outline the things attached to a building which are (clause 4) and are not (clause 5) to be included as part of a building when using Schedule 2A clause 3AB of the STA.

In the case where part lots are created outside the building a wording similar to the example below should be used:

“The stratum of the part lots external to the buildings extends between 5 metres below and 10 metres above the upper surface level of the lowest ground floor of the main building located on each respective lot, except where covered”.

This will ensure the cubic space above and below the buildings remains as “common property” (see Plan Example 16).

Surveyors and developers may however endeavour to include the areas above and below the buildings as part of the strata lot. The following wording or similar may be used on the floor plan of the strata plan:

“The stratum of the part lots, including the cubic space above and below the part lots comprising buildings, is limited between 5 metres below and 10 metres above the upper surface level of the lowest ground floor of the main building appurtenant to their corresponding Lot number, including where covered” (see Plan Example 17).

Surveyors may wish to seek legal advice as to the use of the above wording.

Note: “5 metres below and 10 metres above” is only used as a sample. Surveyors must look at each scheme and select the appropriate dimensions.

There are no regulations for defining height by Australian Height Datum (AHD) but in certain strata schemes a more precise datum for horizontal height definition may be critical. If possible, surveyors should:

  • use heights above AHD to define all of the strata lots (if practical this is the preferred method)

or

  • reference floor levels between buildings within the scheme.

If surveyors wish, they may reference AHD level to the floor of a building so the stratum of the scheme can be linked to AHD. This is advisable where accurate height definition is critical or where a building or part of a building is to be demolished and reconstructed. Surveyors should use their professional judgement on these issues.

For vacant lot strata plans, as a guide, the wording to describe the vacant lot may read:

"The stratum of Lot 2 extends between 5 metres below and 10 metres above the upper surface level of the lowest ground floor of the building erected on Lot 1"

or similar wording that clearly and unambiguously defines the Lot (see Plan Example 2).

1.2 Survey-Strata Lots

Lots created on a Survey-Strata Plan may be unlimited in height and depth (i.e. no AHD is necessary) or may be limited in height and depth using AHD levels. If limited in height and depth, the lot must have common property above and below it (see regulation 12(4),  Plan Example 3, Plan Example 4 and Plan Example 29).

Note: Plan Examples 3 and 4: Where area designated as common property is intended to restrict the height of another Lot, if there is an existing building on the land, then a notation on the plan should show reference to a stated surface of that building.

STP-03 Common Property

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The information provided in this guide is not intended to amount to legal advice. Professional assistance may be required to determine the most appropriate action to protect your legal rights. Please read our Terms of Use on the Strata Titles Policy and Procedure Guides web page. Landgate accepts no responsibility where parties print this guide and seek to rely on information that is out of date.

The common property in a strata titles scheme is:

  • that part of the parcel of land subdivided by the strata titles scheme that does not form part of a lot in the scheme; and
  • temporary common property.

All strata schemes and many survey-strata schemes contain common property. Where Strata Plans have incorporated all ground surface of the parcel as part of the lots and attempted to eliminate common property, the defined cubic space above or below a floor level, the subsoil, and air space comprise the common property. The Strata/Survey-Strata Plan is used to record actions affecting the common property and in some cases the lots. This type of information can vary from rights and encumbrances to by-laws of the strata company. There is no title for common property as the strata title for each lot in a strata titles scheme also contains the lot owner's share in the common property within the scheme. If a strata plan identifies an encroachment outside the parcel that is to be controlled and managed as common property, the encroachment is to be regarded, for this Act, as if it were common property.

1 Temporary Common Property

In order to increase common property, a strata company may accept a lease of:

  • a lot in the scheme or
  • land that is contiguous to the parcel or separated only by a road, railway or waterway.

This land is known as temporary common property and is not to be subject to a mortgage, charge or other encumbrance. The leasehold interest becomes common property during the term of the lease and the strata company becomes responsible for payment under the lease and compliance with the lease conditions.

Once the lease is registered, the Registrar of Titles will place a notation on the Scheme Plan to the effect that the leasehold land is part of common property for the term of the lease. If leasehold land is portion of the contiguous land, the Registrar of Titles will require this portion to be depicted on an Interest Only Deposited Plan.

A strata company can, in agreement with the lessor, surrender a lease. This notice of the surrender will be endorsed on the Scheme Plan.

2 Lease of Common Property within a Scheme

A strata company may grant a lease of common property (section 93(2)(c) of the STA). A lease for a period greater than three years may be registered on the scheme plan .

STP-04 Strata Title

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The information provided in this guide is not intended to amount to legal advice. Professional assistance may be required to determine the most appropriate action to protect your legal rights. Please read our Terms of Use on the Strata Titles Policy and Procedure Guides web page. Landgate accepts no responsibility where parties print this guide and seek to rely on information that is out of date.

1 Subdivision of Land by a Strata Titles Scheme

Land is subdivided by a strata titles scheme by registration of the scheme or an amendment of the scheme. Registration of an amendment of a strata titles scheme gives effect to a subdivision if it:

  • effects a change to the definition of a lot in the scheme; or
  • effects a change to the boundary of the parcel of land subdivided by the scheme.

There are 4 types of amendment of a strata titles scheme that give effect to a subdivision:

  • A type 1 subdivision covers
    • adding land from outside the parcel to the common property and
    • what was formerly referred to as conversion of lots into common property.
  • A type 2 subdivision covers the removal of common property from the parcel of a strata titles scheme.
  • A type 3 subdivision covers what was formerly referred to as consolidation of lots.
  • A type 4 subdivision covers what was formerly referred to as re-subdivision of lots and/or common property.

A Type 4 subdivision (re-subdivision) includes the alteration of the boundaries of:

  • 1 or more lots so as to create only 2 or more different lots; or
  • 1 or more lots so as to create 1 or more different lots and common property; or
  • 1 or more lots and common property so as to create 1 or more different lots or 1 or more different lots and common property; or
  • common property so as to create 1 or more lots or 1 or more lots and common property.

Schedule 2A of the STA provides special provisions relating to subdivision in a single tier strata scheme and special processes for tier strata schemes registered before 1 January 1998 to allow mergers of common property into lots and conversions of strata schemes to survey-strata schemes – see STP-05 Strata Company.

2 Registration of a Strata Titles Scheme

A strata titles scheme is registered when the following scheme documents are registered:

  • for a freehold scheme
    • a scheme notice;
    • a scheme plan;
    • a schedule of unit entitlements;
    • scheme by-laws;
  • for a leasehold scheme
    • a scheme notice (which must specify the expiry day for the scheme);
    • a scheme plan;
    • a schedule of unit entitlements;
    • scheme by-laws;
    • a strata lease for each lot.

For full registration details see STR-02 Lodgement and Registration of New Strata/Survey-Strata Plans

If the governance by-laws in Schedule 1 conduct by-laws Schedule 2 of the STA are adopted without amendment, they will be taken to be registered without the need for lodgement of a scheme by-law document.

A registered strata titles scheme is amended when amendments or replacements of the relevant scheme documents are registered.

The amendment may be necessary to give effect to a subdivision of land or it may be unrelated to a subdivision of land, comprising, for example:

  • the amendment of the scheme notice to amend the scheme name or address for service of the strata company; or
  • the amendment of the scheme plan for a purpose related to:
    • an easement or
    • restrictive covenant or
    • a restricted use condition
  • The replacement of the schedule of unit entitlements for the strata titles scheme because of reallocation of unit entitlements of lots; or
  • the addition, amendment or repeal of scheme by-laws.

If a registered leasehold scheme is amended to create new lots, a strata lease must be registered as a scheme document for each new lot.

3 Strata Titles for Freehold Schemes

A strata title is a title for a lot on a Strata/Survey-Strata Plan and includes a share in any common property in the scheme. Anything occurring on or in respect of common property affects every title in the scheme. This title provides the basis for recording transactions affecting the ownership and interests in relation to the lot.

A strata title also contains a notation in its second schedule referring to “interests notified on the strata/survey-strata plan”. This means there could be other interests that are not recorded on the title that may benefit or encumber the common property or lot. Therefore, a strata title should always be searched in conjunction with the strata/survey-strata plan.

Where any common property only is re-subdivided to create new lots, the resulting titles will be issued in the name of all of the registered proprietors as tenants in common. This may cause problems, particularly in large schemes, because of the requirement to obtain consents of all mortgagees and the signatures of all owners.

A strata title for a lot in a freehold scheme grants to the owner of the lot:

  • rights as the proprietor of a fee simple estate in the lot under the Transfer of Land Act 1893 (TLA); and
  • an undivided share of the fee simple estate in the common property (other than temporary common property) as a tenant in common with the other owners of lots in the scheme, proportional to the unit entitlements of their respective lots; and
  • an undivided share of any temporary common property (leasehold estate) as a tenant in common with the other owners of lots in the scheme, proportional to the unit entitlements of their respective lots.

The underlying certificate of title of a freehold scheme is cancelled upon registration of the scheme.

4 Strata Titles for Leasehold Schemes

A strata title for a lot in a leasehold scheme grants to the owner of the lot:

  • rights as the proprietor of a strata leasehold estate in the lot under the TLA; and
  • an undivided share of the strata leasehold estate in the common property as a tenant in common with the other owners of lots in the scheme, proportional to the unit entitlements of their respective lots; and
  • an undivided share of the temporary common property (leasehold estate) as a tenant in common with the other owners of lots in the scheme, proportional to the unit entitlements of their respective lots.

For a leasehold scheme, the fact that it is a leasehold scheme and its expiry day must be endorsed on the certificate of title for each strata title for a lot in the scheme.

The underlying certificate of title of a freehold scheme remains live throughout the life of the leasehold scheme.

STP-05 Strata Company

Version 2 – 01/05/2020

The information provided in this guide is not intended to amount to legal advice. Professional assistance may be required to determine the most appropriate action to protect your legal rights. Please read our Terms of Use on the Strata Titles Policy and Procedure Guides web page. Landgate accepts no responsibility where parties print this guide and seek to rely on information that is out of date.

1 Strata Company

On registration of a strata titles scheme, a strata company is established. The name of the strata company is “The Owners of (the name of the scheme and the strata/survey-strata scheme number).

The name of the strata titles scheme is the name stated in the scheme notice. The address for service of the strata company is the address for service stated in the scheme notice.

A strata company:

  • is a body corporate; and
  • has perpetual succession; and
  • is capable of suing and being sued in its own name; and
  • has, subject to the STA, all the powers of a natural person that are capable of being exercised by a body corporate.
  • is governed by the council of the strata company
  • may have a common seal, but it does not have to do so.
  • is comprised of the owners for the time being of the lots in the strata titles scheme.

Planning and Development

STP-06 Planning Approvals

Version 2 – 01/05/2020

The information provided in this guide is not intended to amount to legal advice. Professional assistance may be required to determine the most appropriate action to protect your legal rights. Please read our Terms of Use on the Strata Titles Policy and Procedure Guides web page. Landgate accepts no responsibility where parties print this guide and seek to rely on information that is out of date.

1 Strata Schemes

1.1 Subdivision Approval of Strata Scheme (section 15 STA)

An application for approval of a strata plan or an amendment of a strata plan effecting subdivision (Form 15A) is made to the Western Australian Planning Commission (WAPC) and may be subject to conditions.

1.2 Matters to be Considered on Application for Subdivision Approval (Regulation 17 ST(G)R)

When considering an application for approval, WAPC must have regard to all relevant matters including:

  • the size, shape and dimensions of each lot
  • the services available and access to each lot
  • drainage of the land
  • the amount of public open space to be provided
  • any relevant planning scheme
  • any relevant regulations made by the Minister under the Planning and Development Act 2005 (P&D Act)
  • any relevant local laws relating to town planning
  • any objections or recommendations made by a local government or a public authority after consultation on the application
  • any relevant planning approval that has not lapsed.

WAPC may consult with a local government or a public authority about an application if WAPC is of the opinion that the subdivision may affect the functions of the local government or public authority.

An Application for Endorsement of a Strata Plan (Form 15C) is made to the WAPC as they must issue a certificate endorsing the plan with its unconditional approval before a plan or an amendment of a plan can be registered.

1.3 Exemptions from WAPC Approval (Section 15(6) STA and Regulation 19 ST(G)R)

A strata plan or an amendment of a strata plan for a freehold scheme that gives effect to a type 3 subdivision (consolidation) or a type 4 subdivision (re-subdivision) is exempt from the requirement for WAPC approval if:

  • the area of the parcel is no more than 2 500 square metres; and
  • the lots in the strata scheme are to be used for residential purposes and each lot in the strata scheme contains one dwelling; and
  • there are no more than 5 lots in the scheme (including after amendment); and
  • the land is —
    • within a residential zone under a local planning scheme and conforms with that local planning scheme, or
    • if the land is not within the area of a local planning scheme — within an area that is a townsite within the meaning given in the Land Administration Act 1997 section 26(1).
1.4 Application of Planning and Development Act (Section 16 STA)

A subdivision of land by a strata scheme is not subject to section 146 of the Planning and Development Act 2005 (P&D Act), so there is no limit to the time a strata plan can be registered after obtaining unconditional approval from the WAPC.

Vacant lot strata plans are a hybrid type of plan. At least one of the lots must have a building constructed on it. This type of plan is a vital tool for staged developments and for owner-developers of small projects. The advantage is the ability for a title to be issued for a lot that is a defined cubic space that does not contain a building at the time of registration of the strata scheme. Consequently, on staged developments, the remaining land after the completion of each stage remains as a vacant lot with the developer being the registered proprietor. The title for the vacant lot can be transferred and mortgaged, making it an attractive method of land development to both big and small developers.

Vacant strata lots are processed applying sections 142, 143, 144 and 151 of the P & D Act and the application is determined by the WAPC, with referral of the application to local government, utility providers and service authorities for comment in the same manner as a survey-strata subdivision application.

Strata plans that are not exempt from WAPC approval under Strata Titles (General) Regulations 2019 (ST(G)R) regulation 19 require certificates from the WAPC (or local government if delegated under section 16 P&D Act). These types of Strata Plans generally are:

  • residential developments involving more than five lots; and
  • all non-residential developments.

All buildings and services are required to be completed before final certification is granted. The local government or the WAPC may refer the application to other government agencies for comment and may grant conditional approval. The local government planning and building requirements must also be met before its certification can be given.

If the approval is granted for a strata plan or an amendment of a strata plan under section 15, an application must be made for a certificate endorsing the scheme plan or amendment of the scheme plan with the relevant authority’s unconditional approval of the subdivision (Form 15C application for endorsement of approval of a strata plan) within the period of 2 years after the strata plan or amendment has been approved (regulation 18 ST(G)R), unless exempt under section 15(6) STA and regulation 19 ST(G)R.

2.  Survey-strata schemes

2.1 Subdivision Approval of Survey-Strata Scheme (Section 17 STA)

Developments of this type are processed in the same manner as freehold subdivision applications. An application is made to the WAPC on a Form 1A that is accompanied by a sketch of the proposed subdivision. This application is then referred by WAPC for comment to local government, other relevant government agencies and utility service providers.

If the application is successful, the developer can proceed to commence subdivisional works. A survey-strata subdivision does not involve any building construction. Titles can be issued for vacant lots. As the development progresses, liaison between surveyors, engineers, various contractors and government agencies (who may have sought conditions to be imposed for subdivisional approval) is necessary to enable the appropriate clearances to be obtained. These clearances are obtained either at the completion of the subdivisional works or when suitable arrangements are made with the relevant agency. This system varies depending on the agency and project size.

The unconditional approval of the WAPC of the scheme plan or amendment of the scheme plan is required to enable the plan or amendment to be registered under the STA. Survey-strata plans are subject to section 146 of the P&D Act, which means the Registrar of Titles is not to register a survey-strata plan the endorsement for which exceeds 2 years.

3.  General Provisions

3.1 Planning (Scheme By-laws) Condition (Section 18 STA)

The conditions of a planning approval applying to a strata titles scheme may include a planning (scheme by-laws) condition.

3.2 Planning Approval of Scheme Plan or Amendment of Scheme Plan (Section 19 STA)

An application for unconditional approval of the WAPC of a scheme plan or an amendment of a scheme plan must be in an approved form and accompanied by:

  • the scheme notice or any amendment of the scheme notice proposed to be submitted for registration with the plan; and
  • any existing scheme by-laws made under a planning (scheme by-laws) condition; and
  • for a leasehold scheme, any existing or proposed leasehold by-laws providing for postponement of the expiry day for the scheme; and
  • for a strata scheme, an occupancy permit or building approval certificate granted under the Building Act 2011 (BA) for each scheme building shown on the plan.

The WAPC must be satisfied that:

  • the plan is an accurate depiction of the subdivision that has been prepared after completion of the necessary works and, for a strata scheme, the construction or modification of the scheme buildings necessary for the subdivision; and
  • the subdivision and development has been undertaken consistently with the P&D Act and the STA; and
  • the requirements of the BA have been complied with for the development; and
  • any restricted use condition proposed to be imposed by the scheme plan or amendment of the scheme plan is suitable for the scheme; and
  • scheme by-laws have been or are proposed to be made in accordance with any planning (scheme by-laws) condition.
3.3 Approval for Postponement of Expiry Day for Leasehold Scheme (Section 20 STA)

For a leasehold scheme, the approval of the WAPC is required for the making, amendment or repeal of leasehold by-laws providing for postponement of the expiry day for the scheme (including for leasehold by-laws registered when the strata titles scheme is registered and not made by the strata company). The approval may be applied for and given in conjunction with an approval of a plan of subdivision.

See also sections 8(3) – leasehold schemes), 40 (leasehold by-laws) and 41 (resolution for postponement of expiry day under leasehold by-laws) STA.

3.4 Approval for Modification of Restricted Use Condition (Section 21 STA)

The approval of the WAPC is required to impose, vary or revoke a restricted use condition. The approval may be applied for and given in conjunction with an approval of a plan of subdivision.

3.5 Approval under Planning (Scheme By-laws) condition (Section 22 STA)

If, in accordance with scheme by-laws required under a planning (scheme by-laws) condition, the amendment or repeal of scheme by-laws requires the approval of the WAPC or a local government, an application for that approval can be made under this section. The approval may be applied for and given in conjunction with an application for a planning approval or by separate application.

3.6 Requirement for Local Government Approval (Section 23)

In addition to approval of the WAPC, a subdivision must be approved by each local government in whose district the parcel is situated if the subdivision involves:

  • 1 or more lots being converted into common property (type 1(b) subdivision); or
  • the removal, from the parcel, of land comprised of common property (type 2 subdivision); or
  • 2 or more lots being consolidated into 1 lot (type 3 subdivision).

If the subdivision is approved, it is subject to any planning (scheme by-laws) condition attached to the local government approval.

4  Preliminary Determinations

4.1 Preliminary Determinations by Local Government (Section 24 STA)

Once development approval has been issued by the relevant authority, an application may be made to the local government for the approval of a strata subdivision under section 24 of the STA. Approval may be granted if the local government is satisfied that:

  • separate occupation of the proposed lots will not contravene the provisions of any local planning scheme or interim development order under the P&D Act; and
  • any consent or approval required under any such local planning scheme or interim development order, has been given in relation to the separate occupation of the proposed lots; and
  • the development of the parcel as a whole, the building and the proposed subdivision of the parcel into lots for separate occupation will not interfere with the existing or likely future amenity of the neighbourhood, having regard to the circumstances of the case and to the public interest.

A local government may fix, charge and recover fees to be paid for determinations under section 24.

The applicant must provide the local government with such information, particulars and details regarding the proposed development, or the building plans and specifications, as the local government may require.

A determination made by a local government under this section must be in writing and, if favourable, may be issued subject to conditions relating to the proposed development of the parcel. A determination is valid and binding on the local government for a period of 2 years after it is made unless the local government declares in writing that the determination is valid and binding for such period as is specified, being a period greater than 2 years but not exceeding 3 years.

STP-07 Review of Decisions

Version 2 – 01/05/2020

The information provided in this guide is not intended to amount to legal advice. Professional assistance may be required to determine the most appropriate action to protect your legal rights. Please read our Terms of Use on the Strata Titles Policy and Procedure Guides web page. Landgate accepts no responsibility where parties print this guide and seek to rely on information that is out of date.

1 Review of Planning Commission Decision (Section 27 STA)

The WAPC must give written notice of its decision to the applicant. A person who has made an application may apply to the State Administrative Tribunal (SAT) for a review of a decision to:

  • refuse to approve an application for subdivision by strata scheme; or
  • impose a condition of an approval for subdivision by strata scheme; or
  • refuse to vary or revoke a condition of an approval for subdivision by strata scheme; or
  • refuse to approve an application for approval of the making, amendment or repeal of leasehold by-laws for postponement of the expiry day of a leasehold scheme; or
  • refuse to approve an imposition, variation or revocation of a restricted use condition;
  • refuse to approve an amendment or repeal of planning scheme by-laws.

SAT has jurisdiction to carry out the review in accordance with the P&D Act Part 14. If at the end of 90 days or longer if agreed in writing by WAPC and the applicant after an application is made, WAPC has not made a decision, the applicant may give written notice of default to the WAPC.

If WAPC fails to notify its approval of an application to the applicant within 90 days (after being given the application), it is taken to have refused the application at the end of that period ‘deemed refusal’.

If an applicant is aggrieved with a decision of the WAPC (refusal, approval subject to conditions), an application to SAT for a review must be made within 28 days after the day on which the applicant is given, notice of the refusal or attachment of a condition, or within 28 days after the expiration of the period referred to the previous paragraph, as the case may be.

If a notice of default is given to WAPC, the applicant may apply to SAT for a review, in accordance with the P&D Act Part 14, as if WAPC had refused to approve the application on the day on which the notice of default was given to the Planning Commission.

2 Review of Local Government Decision (Section 28 STA)

A local government must give written notice of its decision to the applicant. A notice of refusal to approve an application must:

  • specify the grounds of refusal; and
  • inform the applicant of the right to apply for a review of the refusal.

An applicant may apply to SAT for a review, in accordance with the P&D Act Part 14, of:

  • a refusal by local government to approve an amendment or repeal of scheme by-laws under a planning condition (section 22); or
  • a refusal by local government to approve an application for a type 1(b), 2 or 3 strata subdivision; or
  • the attachment of a condition to the approval of an application under section 23 or 24; or to refuse to approve acceptance of a long term lease of temporary common property under section 25; or
  • a decision to refuse to approve a long term lease or licence over common property under section 26.

If local government fails to notify its approval of an application to the applicant within 40 days (or longer if agreed in writing by local government and the applicant) after being given the application, it is taken to have refused the application at the end of that period.

An application to SAT for a review may be made within 30 days after the day on which the applicant is given, notice of the refusal or attachment of a condition or within 30 days after the expiration of the period referred to the previous paragraph, as the case may be.

Scheme Documents

STP-08 Scheme Notice

Version 2 - 01/05/2020

The information provided in this guide is not intended to amount to legal advice. Professional assistance may be required to determine the most appropriate action to protect your legal rights. Please read our Terms of Use on the Strata Titles Policy and Procedure Guides web page. Landgate accepts no responsibility where parties print this guide and seek to rely on information that is out of date.

The Scheme Notice of a strata titles scheme is document must:

  • specify the name of the scheme; and
  • specify the address for service of the strata company; and
  • identify the scheme as a leasehold scheme (leasehold scheme only); and
  • specify the expiry day for the scheme (leasehold scheme only)
  • be in an approved form.

The Scheme Notice is lodged with the application to register the strata titles scheme and is registered on the scheme plan. For more information on the lodgement and registration and amendment of the Scheme Notice see STR-02 Lodgement and Registration of New Strata/Survey-strata Plans.

The Scheme Notice can be amended to:

  • change the name of the scheme and/or the address for the service of the strata company (section 30 STA).
  • postpone the expiry day of the leasehold scheme (section 31 STA).

For more information on the amendment of the Scheme Notice see STR-06 Modifications to an Existing Strata/Survey-strata Scheme.

STP-09 Scheme Plans

Version 5 - 25/05/2020

The information provided in this guide is not intended to amount to legal advice. Professional assistance may be required to determine the most appropriate action to protect your legal rights. Please read our Terms of Use on the Strata Titles Policy and Procedure Guides web page. Landgate accepts no responsibility where parties print this guide and seek to rely on information that is out of date.

Contents

1 Scheme Plan (section 32 STA)

1.1 Surveys of Strata and Survey-Strata Plans

1.2 Surveys of Strata Plans

1.3 Surveys of Survey-Strata Plans

1.4 Common Guidelines

1.5 Drafting Requirements

1.5.1 Scale

1.6 Plan Forms and Use

1.7 Orientation

1.8 Line Styles

1.9 Text Styles

1.10 Measurement Presentation

1.11 Road Names

1.12 Areas

1.13 Abuttals

1.14 Enlargements and Displaced Data

1.15 Cross Sections

1.16 Easements

1.17 Schedule of Interests and Notifications

1.18 CSD Files

1.19 Depth Limits and Crown Allotment Boundaries

1.20 Mineral Reservations

1.20.1 Reservations in Crown Grants

1.20.2 Lands Affected by Section 15 of the Public Works Act 1902

1.20.3 Mineral Reservations in Transfers

1.21 Vesting Lots

1.22 Automatic Road Dedications

1.23 Restricted Use Condition

2 Drafting of Strata Plans

2.1 Components of a Strata Plan

2.2 Location Plan

2.2.1 Single Tier Schemes

2.2.1.1 Option 1

2.2.1.2 Option 2

2.2.1.3 Option 3

2.2.2 Multi Tier Schemes

2.2.2.1 Option 4

2.2.2.2 Option 5

2.2.2.3 Option 6

2.3 Offsets, Easements over Encroachments and Easements of Support

2.4 Floor Plan

2.5 Surveyors Certificate

2.6 Measurement Contents

2.7 Describing Cubic Space

2.8 Large Plans (Rural or Staged)

3 Drafting of Survey-Strata Plans

3.1 Easements

3.2 Surveyors Certificate

3.3 Certificate of Verifying Surveyor

3.4 Pegs

3.5 Other Information

3.5.1 Encroachments, Building Connections

3.6 Easements and Restrictive Covenants

3.6.1 TLA Easements

3.6.2 Easements That do not meet the terms in the Tenth Schedule of the TLA

3.6.3 P&D Act Easements

3.6.4 STA Easements

3.7 Restrictive Covenants

4 Requirements for Registration of a Scheme Plan

4.1 Permit Authority Certification

4.2 WAPC Certification

4.3 Cancellation of a Strata/Survey-Strata Plan

4.4 Requirements for Registration of Amendment of a Scheme Plan (section 35 STA)

4.4.1 Type 1(a) Subdivision - Addition of Common Property from Outside the Parcel

4.4.2 Purchase and Amalgamation of Closed Roads or Crown Land

4.4.3 Registration Procedures for Amalgamation of a Closed Public Road or Other Crown Land

4.4.4 Amalgamation of Closed Private Roads or Ways

4.4.5 Acquiring Additional Land by Transfer

4.5 Plans Required for Type 1 (a) Subdivisions

4.6 Type 1(b) Subdivision - Conversion of Lot/s Within a Scheme to Common Property

4.7 Type 2 Subdivision - Transfer of Common Property

5 Summary

5.1 Permit Authority Certificate

5.2 Type 3 Subdivision - Consolidation of Lots

5.3 Type 4 Subdivision - Re-subdivision of Strata Titles Schemes

5.4 Surveyor's Certificate

5.5 Strata Schemes

5.6 Drafting Guideline

5.7 Permit Authority Certificate

5.8 Survey-Strata Schemes

5.9 Significant Variations on Staged Schemes

1 Scheme Plan - section 32 Strata Titles Act 1985 (STA)

A scheme plan for a strata titles scheme means the strata plan or survey-strata plan registered, or proposed to be registered, for the strata titles scheme as a scheme document. Unlike plans and diagrams deposited under the Transfer of Land Act 1893 (TLA), strata and survey-strata plans become part of the land register and once registered, cannot be varied or terminated without due registration procedures. It is therefore important that accurate information be incorporated into both the survey and the drafting components of any scheme plan. The land identified by a scheme plan must be comprised of a single lot on a plan lodged at Landgate and be the subject of a certificate of title.

A Scheme Plan must:

  • specify the address of the land subdivided by the scheme; and
  • identify the title to the land subdivided by the scheme; and
  • specify whether the scheme is a strata scheme or a survey-strata scheme
    • if it is a strata scheme – it must consist of a location plan and a floor plan;
    • if it is a survey-strata scheme – consist of a survey plan of the land subdivided by the scheme; and
  • identify each lot in the scheme with a unique number; and
  • define the boundaries of each lot; and
  • delineate any land that is to vest in the Crown under Sec 152 of the Planning and Development Act 2005 (P&D Act); and
  • delineate areas that are roads, or are to be new roads created by Sec 168 of the P&D Act; and
  • if it is a strata scheme, identify the nature and extent of any part of a wall or building or material attached to a wall or building that encroaches on land outside the parcel
    • if an encroachment is to be controlled by and managed as if it were common property or part of a lot, the plan must specify that fact (regulation 15 of the Strata Titles (General) Regulations 2019 (ST(G)R); and
    • if an encroachment is to be subject to an easement, specify that easement.

A scheme plan for a survey-strata scheme may create a lot as a cubic space lot (limited in height and depth) only if the balance of the land above and below the lot is common property.

1.1 Surveys of Strata and Survey-Strata Plans

The survey requirements for each plan type are different because of the variation in the type of development. Consequently, many of the decisions in regard to referencing, pegging and marking rely on the surveyor’s professional judgement. There are, however, regulations in place for the responsibility, accountability and consequences of certification under the Licensed Surveyors Act 1909 (LSA).

Surveyors should note that each plan type has different survey requirements because a Strata Plan relates mainly to “monuments” and a Survey-Strata Plan relates mainly to survey measurements.

The surveyor must sign a certificate (Regulation 54 of the Licensed Surveyors (General Surveying Practice) Regulations 1961) which certifies that the plan is accurate and a correct representation of the survey and calculations from measurements recorded in field notes and that it also complies with the relevant written laws and regulations in relation to which the plan is lodged.

1.2 Surveys of Strata Plans

Surveys for strata plans require re-establishment of the parcel boundaries (based on rigorous pickup as for TLA subdivisions), followed by the positioning of the buildings and part lots that are external to the building or buildings.

On the occasions where significant excess or any deficiency is discovered during a re-establishment survey a field book needs to be lodged. If necessary, the surveyor may lodge a “Redefinition Plan” to show the correct dimensions and area and an application for a new title can be made. A “Redefinition Plan” is necessary when the differences are outside the ‘margin of error’ covered by section 155 of the TLA.

Connections of buildings to the boundary of the parcel should be to cadastral re-establishment standard. Street corners used for pickup should be referenced or protected and it is prudent to place a strategic reference mark near the scheme.

Survey work performed on a strata plan can result in a combination of measurements, monuments and height dimensions to define the horizontal and vertical lot boundaries. As a strata plan is an authorised survey and Regulation 8(2C) of the Licensed Surveyors (General Surveying Practice)Regulations 1961 requires a field record to be lodged with the plan of the authorised survey, a field record must be lodged for:

  • all new strata plans
  • type 1 subdivision (adding land from outside the parcel to the common property and converting a lot within a scheme to common property)
  • type 2 subdivision (removal of common property from the parcel)
  • type 3 subdivision (consolidation of lots)
  • type 4 subdivisions (re-subdivisions) and
  • mergers

Connections to standard survey marks may need to be made in accordance with guidelines under regulation 22A of the Licensed Surveyors (General Surveying Practice) Regulations, 1961.

It is recommended that strata be related to Australian Height Datum (AHD) wherever practical, especially in larger schemes, staged schemes and vacant lot schemes. Maintenance of views is an emotive issue, and there is potential for confusion or mistake when building construction extends over several years and involves more than one surveyor – a problem which is overcome if AHD is used as standard practice.

1.3 Surveys of Survey-Strata Plans

The survey for a survey-strata plan (as well as a strata plan) is an authorised survey as defined in the Licensed Surveyors Act 1909 (LSA). It (the survey) must be carried out by a licensed surveyor with a current practising certificate. A survey-strata plan needs to be certified by a surveyor eligible to verify survey documents (see section 3.3 of this guide).

Surveyors should note that the certification of a survey-strata plan is similar in content and therefore in responsibility, accountability and consequences to that of a certification under the LSA. The surveyor certifies to the correctness and to compliance with the regulations, and the significance of that must not be overlooked.

Surveys for survey-strata schemes of more than 10 serviced lots where roads are created, or where areas of common property are used as roads, must be lodged in accordance with the Special Survey Area (SSA) guidelines (available from www.lslb.wa.gov.au/) (see Plan Example 44).

Surveys for a survey-strata scheme within an existing SSA must be lodged in accordance with the SSA guidelines: i.e. lodge a field record and not a Survey Sheet (see SSA guideline 10.0).The following guidelines apply to both new survey-strata schemes and conversions to survey-strata under Schedule 2A of the STA.

The survey for a survey-strata plan should be to a standard equivalent to that for a TLA survey. This enables it to be used for re-establishment of later adjacent or nearby TLA surveys (and it should be considered by any later TLA survey).

A survey for a survey-strata plan should comply with the regulations under the LSA and TLA and specifically those dealing with:

  • pegging or other marking of lot corners and boundaries for the public
  • referencing of lot corners
  • accuracy

and

  • recording of field notes.

The surveyor should be guided by the Survey and Plan Policy and Procedure Guides, particularly SPP-03 and SPP04.

Connections to standard survey marks may need to be made in accordance with guidelines under Regulation 22A of the Licensed Surveyors (General Surveying Practice) Regulations, 1961.

Digital data (CSD file) is required with each survey-strata plan for examination purposes and integration into the cadastre. All lots should be captured as freehold lots. Easements and 3-dimensional lots are to be captured in two dimensions (plan view) only.

  • On large survey-strata schemes, common property used as a road should be referenced as required for roads by the general survey regulations or guidelines.
  • Regulation 24A of the Licensed Surveyors (General Surveying Practice) Regulations 1961 and TLA survey regulations 23, 32 and 35, dealing with protection of pickup, apply equally to survey-strata schemes.
  • In numbering the pegs of a survey-strata plan, the “CP” prefix should be included on common property areas.
  • All new lot corners must be pegged, marked with non-standard marks or noted why they cannot be marked ie “Corner Inaccessible’.
  • Existing parcel corners where not marked are considered to be original.

If the survey-strata plan creates lots that are limited in height and/or depth, those limits must be related to AHD, and a connection should also be made to a physical reference datum on or near the site. This height reference mark should be recorded in the field record (see Plan Example 4 and Plan Example 29).

This AHD requirement also applies to “intrusion easements”. The AHD is to be applied to a stated surface, i.e. a floor level of a building or ground level on the scheme or a SSM or Water Corporation Manhole adjacent to the scheme, on a cross sectional drawing to define the area of intrusion (see Plan Example 10).

1.4 Common Guidelines

Many guidelines for drafting apply to all scheme plans under the STA, including:

  • strata plans
  • survey-strata plans
  • merger sketch plans
  • plan of conversion to survey-strata
  • scheme plans of type 1 subdivision (inclusion of common property)
  • scheme plans of type 2 subdivision (disposal of common property), and
  • scheme plans of type 3 subdivision (consolidation), and
  • scheme plans of type 4 subdivision (re-subdivision)

For convenience, these common guidelines are recorded in this chapter.

For easier recognition by users, it has been attempted to achieve uniformity in drafting practices and conventions between TLA plans and STA plans. The more commonly used conventions have been recorded in this chapter, but not those which are rarely needed.

Where a topic is not covered by these guidelines, it is suggested that there may be appropriate guidance in the Survey and Plan Policy and Procedure Guide.

1.5 Drafting Requirements

As each development can differ, practitioners should use their professional judgment to produce a clear unambiguous product.

All plans must clearly show the vertical and horizontal boundaries of each lot by either dimension or notation. Past confusion of lot boundaries on plans registered before the Strata Titles Amendments Act 1995 could have been avoided if the information for lot definition had been clearly and simply depicted on the plan. This aspect of strata practice is increasing in importance as lot owners and purchasers become more discerning.

The compulsory disclosure requirements on the sale of strata properties (see A Guide to Strata Titles) make it essential that lot boundaries are clearly identified. The STA requires the buyer be given a copy of the scheme plan before the buyer signs the contract for sale. All information in relation to lot boundaries should be clearly identified. Cross sections and enlargements are encouraged to illustrate complex boundaries.

Buyers must be notified of any changes to the plan, or proposed plan, as a sale may be avoided if this information is not provided.

1.5.1 Scale

An appropriate metric representative fraction should be chosen and must be sufficiently large to enable all detail to be clear and legible. Because strata plans and survey-strata plans are photo-reduced for search purposes, a graphical (bar) scale is to be shown on the plan. This should be a basic scale bar drawn as a single line with the appropriate divisions.

1.6 Plan Forms and Use

All plans (including types 1 – 4 subdivisions and mergers lodged for registration are required to include a version/ amendment schedule, the same as shown on deposited plans.

A company stamp or logo may be placed on the plan form. The stamp must not obscure detail on the plan.

There is no limit to the number of lots that may be depicted on a strata or survey-strata plan, if there is sufficient space available, but a clear concise image must be able to be reproduced. A location and floor plan can be placed on the same sheet of a strata plan. Provided there is sufficient space, a schedule of unit entitlements and valuer’s certificate or the surveyor’s certificate may also be placed on the plan sheet.

Electronic Lodgement is compulsory for all field records and scheme plans. Appendix 6 (APX-06) of the Survey and Plan Policy and Procedure Guides provides guidelines on the preparation and lodgement of electronic plans.

To avoid or minimise enquiries being made at Landgate about unlodged plans and/or field books using pre-allocated numbers, surveyors should stamp, or otherwise indicate on any copy of a Plan provided to a client or conveyancer that the copy is an ‘unlodged version’.

Pre-allocation provides settlement agents and lending institutions the opportunity to prepare their documents for registration prior to the scheme plan being lodged at Landgate.

1.7 Orientation

The orientation on scheme plans is to be indicated by a north point arrow and preferably should be approximately 70mm long. It is preferable that the north point be parallel to the side edge of the form, but the orientation may be rotated in order to incorporate a best scale. Preferably, the north point should not point generally downwards on the form. Location plans and floor plans must have the same orientation. All sheets of a survey-strata plan must be on the same orientation.

1.8 Line Styles

The line styles recommended below will ensure readability when scheme plans are printed or viewed at reduced size:

  • Parcel boundary- 0.25mm
  • Internal lot boundaries that are not monuments- 0.25mm
  • Boundary lines that are monuments on strata plans- 0.5mm
  • All lot boundaries on survey-strata plans- 0.25mm
  • Crown allotment boundaries (required for depth limits only-) broken 0.35mm

and

  • Easement boundaries- broken 0.25mm.
1.9 Text Styles

When preparing the scheme plan the below table should be used as a guide:

Text Styles and Size

Lot numbers the subject of the plan

3.5mm or 5mm

Italic

Pt 5

Areas

2.5mm or 3.5mm

Italic

235m²

Distances

2.5mm

Italic

20.12

Angles

2.5mm

Upright

97º 12’ 30”

Easements/Interests Angles & Distances

1.8mm

Upright

89° 59’ 50”     2.01

Abutting lot numbers

2.5mm or 3.5mm

Italic

45

Abutting plans

2.5mm or 3.5mm

Upright

D 56231

Street Names

3.5mm

Upright Upper Case

HAY STREET

Annotations

2.5mm

Upright Lower Case

east face of wall

Strata wordings

2.5mm

Upright Upper Case preferred

THE STRATA OF

Heading

3.5mm

Upright Upper Case

LOT 2 ON DIAGRAM

AHD levels

2.5mm

Upright Upper Case

13.12m AHD

The font used for these texts is to be of a type such that the first priority is optimum legibility of a reduced size copy. It should be an open style without serifs and with clear distinction between similar shaped figures and with a readily visible decimal point. The preferred font styles are Arial and Isocpeur.

1.10 Measurement Presentation
  • Distances should be shown in metres to the nearest 0.01 metre or 0.001 metre.
  • For distances less than one metre the decimal point should be preceded by a “0” (e.g. 0.75 not .75).
  • “0” need not be shown as the last character of a length, to the right of the decimal point (e.g. 15.10 is expressed as 15.1 and 15.100 is also expressed as 15.1).
  • Angles should be shown to the nearest second.
  • Nil seconds or nil minutes and seconds need not be shown (e.g. 170º 0’0” is expressed as 170º, 170º11’0” is expressed as 170º11’).
1.11 Road Names

Road names to be shown on scheme plans should primarily be obtained from the street address information in MapViewer Plus on Landgate's website. This information can further be verified against the street centreline data that is also available in MapViewer Plus.

In addition, the scanned images of the hard copy Survey Index Plans (SIP’s) can also be viewed via the MapViewer Plus, but it must be noted that maintenance of this series of plans no longer takes place. Road names must be easily recognised on the face of the plan.

Surveyors are advised that, in the situation where an area of common property on a survey-strata plan is to be known by a street/road name approved by Landgate’s Geographic Names, the plan graphic should display the area of common property number only. A note should be placed on the sketch plan, outside the graphic, indicating the approved street/road name of the  area of common property (see Plan Example 65). Certificates of Title issuing from the plan will show the allocated Property Street Address referring to the street/road name given to the area of common property.

1.12 Areas
  • For areas less than 10,000 square metres, area is shown to the nearest square metre (e.g. 9446m²).
  • For areas of 10,000 square metres or greater, area is shown in hectares to four decimal places (e.g. 9.2713 ha). “0” need not be shown as the last character of an area to the right of the decimal point (e.g. 6.4500 ha to be shown as 6.45 ha).

Areas are to be shown for each lot, part lot and area of common property shown on the plan. For part lots the total area of all the parts should also be shown (in brackets) within the main part lot, which is normally the part lot forming or comprised in the building in the case of a strata plan, or the largest part lot in the case of a survey-strata plan.

1.13 Abuttals

A scheme plan must show as abuttals the number of any abutting lots for which certificates of title have issued at the time of lodgement of that plan. Lots on plans that have been lodged but not yet approved (shown on “lodged layer” of SCDB) must not be shown as abuttals unless the surveyor provides evidence satisfactory to Landgate that lodgement of dealings for those lodged plans is imminent.

The numbers of all current adjoining lots are to be shown with their plan numbers shown below them and prefixed P, D or DP. Where subdivisional plans were subdivided into sheets for convenience plan sheet numbers are to be included. E.g. P1234 (1). If the original plan is a multi-sheet ‘Deposited Plan’, the sheet number should not be included because any or all of the sheets may contain relevant information.

If the abutting lot is the subject of a strata titles scheme, regardless whether it is a strata plan or a survey-strata plan, the number should be placed (in brackets and prefixed SP) under the lot number on the  TLA plan number.

Prior to 23 January 2004, abutting land coloured brown on surveys was generally labelled:

"Private Appurtenant"

or

"Private Non-Appurtenant"

depending on the circumstance. After this date the reference to implied rights could only be used when section 167A of the TLA applied.

The following notes should be used as a guide to notations placed on strata/survey-strata plans:

  • Abutting land coloured brown and labelled

“ROW”

created on an adjoining survey is to be labelled

and the survey number followed by “Coloured brown on Diagram/Plan”.

Section 167A TLA does not apply.

  • Abutting land coloured brown and labelled

“Road”

or with a road name if one exists, created on an adjoining survey is to be labelled

“Road”

or the road name and the survey number followed by “Coloured brown on Diagram/Plan”.

  • Abutting land coloured brown and unlabelled, created on an adjoining survey or on a parent survey will show the survey number  followed by “Coloured brown on Diagram/Plan”.

Section 167A TLA does not apply (see Plan Example 14).

  • Abutting vested PAW’s and ROW’s, whether created on the parent survey or not, are considered for public use and hence labelled. The creating survey number is also shown.
  • Abutting land coloured brown and labelled

“ROW”

created on the parent survey is to be labelled

“ROW”.

and the survey number followed by “Coloured brown on Diagram/Plan”

Section 167A TLA does apply. This notation must be brought forward in the “Interests and Notifications” Schedule (see Plan example 10).

  • Abutting land coloured brown and labelled

“ROAD”

or with a road name if one exists, created on the parent survey is to be labelled

“ROAD”

or the road name and the survey number followed by “Coloured brown on Diagram/Plan”.

-    Abutting railway reserves are labelled

“Railway”

and the plan number shown.

  • Abutting drain reserves are labelled

“Drain”

and the plan number shown.

In many country townsites, for example Kalgoorlie, there are many public undesignated accessways created on Crown survey plans. These are shown with the Plan number and designated ‘Public ROW’ in brackets.

1.14 Enlargements and Displaced Data

In order to maintain clarity or overcome a lack of space, enlargements or ticking in detail may be used. The ticked in detail should be parallel to the line in the case of a linear measure and on the half angle in the case of an angular measure. Enlargements need not be drawn to scale (see Plan Example 12).

1.15 Cross Sections

Cross-sections may be used to assist in clarifying lot boundaries. The sectional view must be identified on the plan view by lines of cut and referenced by alpha characters. The cross-section must reflect that cut. Horizontal boundaries must be referenced to a monument such as a floor, footing or AHD. The scale should be the same as for the floor plans and depiction of the cross-section should contain enough measurements to clearly establish the boundaries.

On strata plans, the cross-section cut should be through the lots depicted on the floor plan. The cross-section is used to illustrate the horizontal boundaries of the lots (see Plan Example 7).

The scale should be large enough to show all detail clearly and the drafting convention should follow architectural methods.

Cross-sections on survey-strata plans can be used to depict the limits of the cubic space forming the lots and for illustrating the extent of easement limits. It is permissible to include the outline of the walls and other structural information so that a lay person can identify the boundaries (see Plan Example 14).

1.16 Easements

Easements created under section 136C of the TLA automatically on strata plans are shown on the floor plan sheet of the strata plan by broken lines. Where the easements are created over common property or outside buildings, they and those created under section 167 of the P & D Act should be depicted on the location plan. Easements on survey-strata plans must be shown on the lots or areas of common property that are affected. The easement's extent is to be measured to normal survey standards providing sufficient dimensions to enable accurate establishment of the easement boundaries. This extent may be vertical as well as horizontal. It is important that representation of this information is easily understood so that there will be no grounds for boundary disputation in the future (see Plan Example 12).

1.17 Schedule of Interests and Notifications

To assist in identifying all the interests on a plan the details are to be recorded in a “schedule of interests and notifications”. Existing interests, apart from mineral reservations, that affect the whole of the land within the strata titles scheme, are not to be shown in the schedule as these are automatically carried forward within the New Land Registry (NLR). The schedule is to contain a dividing line where all existing interests and notifications of a spatial nature being brought forward are listed chronologically above “the line” and all new interests and notifications are to be shown below “the line” together with any interests being spatially modified. A title under NLR will contain all the “live” interests affecting that title in the Second Schedule. Surveyors will need to identify the best source for the spatial information of each interest and accurately plot the interests on the plan and include the item in this schedule.

N.B. For plans created in the Plan Portal, all interests, whether of a spatial nature or affecting all of the land in a strata titles scheme, will be brought forward onto the Schedule of Interests and Notifications.

The heading of the schedule should always be “INTERESTS AND NOTIFICATIONS” regardless of whether it may contain only interests or notification(s).

Implied rights-of-way (refer section 167A of the TLA) that have not been extinguished must be brought forward onto new plans and listed in the schedule of interests and notifications. The lots and common property (if applicable) within the subject of the plan that have an implied benefit of the easement are to be shown in the schedule under the “Benefit To” column (see Plan Example 10).

Where a Part IVA of the TLA “Short Form” easement is being created on a new plan (with or without an instrument) its purpose must be described as per the relevant easement type listed in Column 1 of the Tenth Schedule of the TLA. Rights of carriage-way created under section 136C of the TLA must be described in the schedule as “Rights of Carriage way”. Any Part IVA easements that do not use the Ninth or Tenth Schedule must be described in the schedule as “Easement” only.

Easements created on survey-strata plans under section 33 of the STA and Part 5 of the STGR (with or without an instrument) must be described in the schedule as per the relevant “short form” easement type listed in ST(G)R regulation 23. The burdened and benefitted lot(s)” are to be listed in the “Land Burdened” and “Land Benefited” columns in the schedule, respectively. The Planning and Development Regulations 2009 require that section 167 P&D Act easements on plans must be shown in such a manner as to identify the easement holder and the associated purpose shown also .

Surveyors should be aware that with the Planning and Development Regulations 2009 commencing as of 1 July 2009, IRRIGATION easement has been included as a benefit to Water Corporation, UTILITY SERVICES (Drainage, Sewerage, Water Supply Services, Electricity, Gas Supply Services and Telecommunications Supply Services) easements can now be created to benefit a Utility Service Authority and there is no longer the provision to distinguish between above ground and below ground electricity.

Existing easements created under section 27A of the Town Planning and Development Act 1928 (TP&D Act) and section 167 of the P&D Act, prior to 1 July 2009, are to be labelled as per the Town Planning and Development (Easement) Regulations 1983 i.e. appropriate regulation number shown within a circle and the associated purpose shown.

It is preferred that all other easements be labelled with a capital letter. The use of labels like “E-1”, “E-2” etc. is also acceptable. The labels used in the graphic area of the plan are also to be shown in the schedule (see Plan Example 12).

Easements that are created in documents and depicted on plans must be referred to in the schedule as “Easement” only.

Where the same portion of a lot or common property is burdened by multiple easements there must be an individual endorsement for each easement in the schedule. Multiple ‘short form’ easements cannot be combined (see Drafting of Survey and Plan Example 38). Easements/Restrictive Covenants created pursuant to legislation must include a reference in the Statutory Reference column of the schedule to the section of the Act (or regulation) under which they are created.

Where Instruments are used to define a "term", an expiry date should be specified in the “comments” column.

It is important to ensure that the burden of existing easements and covenants of a spatial nature that affect the parcel of land (i.e. within the subject of the plan) are shown in the schedule. An endorsement on the existing title and instrument that is being referred in the schedule on the plan must not be interpreted or modified.

It is only necessary to bring forward (into the schedule) a benefit to land within the plan if that benefit has a spatial nature that exists on a sketch in a paper title or in a document, or on a previous plan and that benefit needs to be depicted on the plan. An example of a situation where a plan would need to show a benefit over land inside the plan is where a new lot contains land that was formerly within two previous lots and only one of those former lots had a benefit that is to be brought forward. Implied easements under section 167A of the TLA are also an example of a situation where the benefit needs to be shown in the schedule and the appurtenance of the private right-of-way needs to be depicted on the plan.

It will not be necessary to bring forward onto the schedule any benefit to land outside the plan created by existing easements and covenants where the burden of the easement or covenant affects land inside the proposed plan. A reference is to be made in the schedule to the relevant parent document. Where subsisting benefits are associated with easements and covenants in gross, the beneficiary (as recorded in the original document or plan) must be shown.

If an existing easement or covenant burdening land outside the plan is being modified, in a spatial manner, by a document to be lodged with the plan, and a benefit (of a spatial nature) inside the plan needs to be identified, the benefit of that easement or covenant needs to be shown in the schedule on the plan (below “the line”).

The schedule should, wherever possible, be included with the location plan. If this is not practical, then the schedule may be shown on a separate sheet with references to labels and line-work depicting the interests shown on the location plan.

Where:

  • new notifications under section 70A of the TLA and section 165 of the P & D Act along with
  • lots to be vested in the Crown under section 152 of the P & D Act and
  • automatic Memorials under section 67B of the Water Agencies (Powers) Act 1984 or section 62D of the Water Boards Act 1904

are to be shown as a development condition, they should be shown below a dotted line in the schedule (see Plan Example 7).

Lots burdened by a notification are to be shown but the “benefit to” column is to be left blank. The description used on the plan must match exactly the description used in the notification document. If the wording in the description of the notification is lengthy, it (the wording) should not be placed on the plan (see Plan Example 2 and Plan Example 18).

An easement created on a deposited plan, strata/survey-strata plan or shown on an Interest Only DP in favour of land outside the subject land supporting a strata titles scheme should be dealt with in the following manner in the schedule:

  • Where the abutting strata/survey-strata plan is not registered, the easement should be shown as a "Benefit To" the freehold lot on the underlying survey.
  • Where the abutting strata/survey-strata plan is not registered but the strata lots are shown as a "Benefit To" then the In Order For Dealings panel on the plan will show "Pends Registration of SP#####”. In this case the Surveyor should indicate the order in which the plans will be dealt on. E.g. Lots 1 & 2 & Common Property on SP59152 or All Lots and Common Property on SP59152.
  • Where the abutting strata plan is registered, the easement must show the "Benefit To" Lots 1, 2, 3 etc. and common property on SP#####. The parent freehold lot should not be shown. For Survey-Strata Plans the notation will be Lots 1, 2, 3 etc. and CP# on SP##### or All Lots and CP# on SP#####. E.g. Lots 1 & 2 & CP3 on SP59154 or All Lots and CP3 on SP5915.

Unlike Deposited Plans, existing mineral reservations such as section 15 Public Works Act 1902,whether over part of the parent land or over the whole of the parent land must be shown above the line within the schedule (see Plan Example 16 and Plan Example 23).

Where only a portion of the parent land is affected by a mineral reservation, Surveyors must show the subject portion but unlike easements, no dimensions are to be shown (see Plan Example 5).

Strata titles do not make reference to any mineral reservations that may affect such lots.

Overcrowding of the graphic area of a plan is to be avoided as overcrowded plans are more difficult to comprehend. In some situations, it may be worth placing all the graphic representations of the easements and covenants on a separate sheet of the plan, together with the schedule of interests and notifications.

Where easements, covenants and notifications (either new or existing) affect only a portion of a lot being created, the plan must show sufficient dimensions to unambiguously identify the land affected. Examples in the Survey and Plan Process and Procedure Guides indicate the requirements.

1.18 CSD Files

CSD files complying with the normal CSD business rules are required for all survey-strata plans and must include easements of a spatial nature. This CSD file requirement does not extend to covenants that have a spatial nature.

For strata plans that:

  • create a new road, road widening or vesting lot under the P&D Act,
  • bring forward existing or create new interests or notifications of a spatial nature,

a CSD file will be required as part of the lodgement of the plan. The CSD file will be required to capture the relevant roads, lots and interest polygons and the necessary ties to the cadastre. The parent lot is to be shown as a lot on the CSD file. For interest polygons over common property, lot label is to be of the parent lot.

1.19 Depth Limits and Crown Allotment Boundaries

A depth limitation in an original Crown Grant is regarded as a dimension of the land in a parcel. It is necessary to carry this dimension forward onto a scheme plan (see Plan Example 6).

The bringing forward of original Crown allotment boundaries onto freehold plans is not required unless a depth limitation in the original Crown Grant or some other spatial element affecting the titles (e.g. a notification) needs to be identified.

Where a depth limit from a Crown Grant applies to only part of a new lot the extent of the original Crown allotment that forms part or the whole of the subject of the plan must be shown (see Plan Example 13). If all the subject land for a plan has the same depth limitation the original Crown allotment boundaries need not be shown (see Plan Example 6).

Where the land parcel is subject to a depth limit, surveyors should endorse on the plan reference to the depth limit, e.g. “Limited in Depth to 12.19 metres”, as digital titles for strata title schemes do not show depth limits.

1.20 Mineral Reservations

The introduction of digital titles resulted in changes in the ways that mineral reservations are dealt with on titles and plans. The following outlines Landgate’s requirements for the display of any mineral reservations affecting land on scheme plans.

1.20.1 Reservations in Crown Grants

Mineral reservations contained in the original Crown Grants need not be depicted or recorded on plans. A digital title contains a prefatory statement that indicates that the land in the title is “subject to the reservations, conditions and depth limits contained in the original grant”.

1.20.2 Lands Affected by Section 15 of the Public Works Act 1902

Prior to 1953, section 15 of the Public Works Act 1902 excluded from resumptions all minerals except those necessary for the construction, support and maintenance of public works. Where minerals had been alienated and the land resumed, an undefined portion of the minerals remained unresumed causing problems for the then Titles Office determining what had and what had not been resumed.

Crown Grants issued after the introduction of the Land Act in 1898 had all minerals reserved to the Crown. The position was (is) quite clear from then on. The earlier grants of land (including grants under the Deeds Office system), prior to 1898, where portion of the minerals were alienated remained a problem until in 1953 section 15 of the Public Works Act 1902 was amended to retrospectively provide that all minerals were included in any resumptions. Section 15 was repealed in 1997 and replaced by section 164 of the Land Administration Act 1997 (LAA).

Titles to land affected by this provision will show different endorsements depending on the circumstances involved. If the whole of the land is affected the endorsement may state; “save and except the rights to mines of coal or other minerals”, or “the right to mines of coal or other minerals being excluded from the said land”. If portion of the land in a title is affected the endorsement will usually state; “the right to mines of coal or other minerals being excluded from portion of the said land”.

Areas affected by section 15 of the Public Works Act 1902 show the affected areas in one of two ways:

  • The affected areas are hachured and the plan annotated "Portion hachured subject to section 15 of the Public Works Act 1902”.
  • In some cases the unaffected areas are hachured and the plan annotated “save and except the portion hachured subject to section 15 of the Public Works Act”.

Some roads closed and amalgamated under the former Road Districts Act 1919 were also subject to mineral reservations and are shown on “working copy” plans as affected by section 15 of the Public Works Act 1902.

Roads closed and amalgamated under the Land Act 1933 or the LAA are not affected by the provisions of section 15 of the Public Works Act 1902.

Where land affected by section 15 of the Public Works Act 1902 has been revested in the Crown the provision no longer applies to the land revested. Lots that are revested are identifiable on the existing “working copy” plans by a “Revested” notation or a change in the parcel identifier (lot number) to a Crown allotment number.

When a parent parcel for a scheme plan is affected by the former section 15 of the Public Works Act 1902 whether it is part of the land or the whole of the land affected, it must be recorded above the line in the Interests and Notifications schedule on non-portal created plans or in the Former Tenure Interest and Notifications schedule on portal created plans  (see Plan Example 5, Plan Example 13 and Plan Example 16).

In general, the mineral reservations depicted on the “working copy” plans affecting portions of titles must be brought forward. Portions of land affected by section 15 of the Public Works Act 1902 are usually not dimensioned on titles or working plans. It is only necessary to plot affected portions on new plans by scaling distances from existing documents and using labels and line-work, to clearly show the relevant portions. There is no need to include the information in CSD files.

1.20.3 Mineral Reservations in Transfers

Crown Grants that were registered in the name of the Commonwealth of Australia did not contain any mineral reservations. Where the Commonwealth disposed of land, the transfer affecting the sale normally contained the same mineral reservations as contained in a normal Crown Grant. Following registration of the transfer, the Commonwealth would then transfer to the Crown in right of the State the reserved mineral rights.

By virtue of the Midland Railway Company Acquisition Act 1963 the Minister for Western Australian Government Railways acquired all the property of the Midland Railway Company. The mineral rights granted or alienated to the Midland Railway Company become the property of the Crown on production of a vesting application by the Minister to the Registrar of Titles. Titles are usually endorsed “except and reserving metals minerals gems and mineral oil specified in Transfer No” or “save and except minerals vested in the Crown pursuant to the provisions of section 4(5) of the Government Railways Act”. A title may or may not make reference to the relevant transfer document.

Where portion of the land in a strata titles scheme is affected by a mineral reservation contained in a transfer, or vesting under section 4(5) of the Government Railways Act, the portion so affected must be shown on the plan in the same manner as outlined above for land affected by section 15 of the Public Works Act 1902. Where the whole of the land in the strata/survey-strata plan is affected, see Plan Example 23.

1.21 Vesting Lots

The P&D Act makes provision under section 152 for lot/s on a scheme plan and an amendment of a scheme plan to be “Vested in the Crown” directly upon registration of the plan. Although the majority of 2 to 5 lot freehold strata schemes are exempt from WAPC approval, where a 2 to 5 lot  strata scheme creates a lot or lots to vest in the Crown, directly from the plan, it is subject to WAPC approval (see Plan Example 51).

Where a condition of approval by the WAPC requires land to vest in the Crown, the vesting lots are to be shown referring to any one or more of the following purposes:

  • Conservation or protection of the environment.
  • An artificial waterway.
  • A pedestrian access way (PAW).
  • A right-of-way (ROW).
  • A reserve for water supply, sewerage, drainage, foreshore management, waterway management or recreation.
  • A public purpose specified in the condition and related to the subdivision.

Land vested under section 152 of the P & D Act:

  • is Crown Land
  • does not form part of a parcel comprised in a registered scheme plan
  • is to be taken to be reserved under section 41 of the LAA for the purpose set out in the condition
  • may be dealt with in accordance with the LAA.

Surveyors are advised that scheme plans subject to a proposed reserve under section 152 of the P&D Act must show the purpose on the plan exactly as described in the WAPC condition for subdivisional approval. Any clarification or interpretation of a vesting purpose is to be referred to the WAPC.

Vesting lots shown on scheme plans must not be included in the Schedule of Unit Entitlements. Surveyors should take care to avoid duplication of lot numbers when assigning numbers to vesting lot/s on scheme plans.

An endorsement in the “Comments” field of the Interests and Notifications / New Interests schedule should read

“Now LR Vol …. Fol ….” (see Plan Example 7).

When vesting lots are created they may be subject to:

  • Any easement created under section 167 of the P & D Act.
  • Any easement created under section 136C of the TLA.
  • Any existing encumbrance specified in a direction of the Minister responsible for the administration of the LAA or a person authorised in writing by that Minister for the purpose of section 152, lodged with the Registrar of Titles on or before the vesting.
  • Any encumbrance prescribed, or a class prescribed by the Planning and Development Regulations 2009.

Some other interests or encumbrances over vesting lots will be considered by the appropriate Regional Manager in DPLH on a case by case basis to determine whether it is acceptable to the Crown. The consent of the Regional Manager must be endorsed on the application to register the plan prior to lodgement. Those not acceptable must be removed prior to vesting.

Field records must be lodged at Landgate for surveys of strata subdivisions that involve vesting land.

For strata plans that create a vesting lot, new road or road widening, a CSD file is required as part of the lodgement of the plan.

Pegs cannot be shown on Strata Plans. The following notation is required to be added to the plan in regard to survey marks:

“For Survey and Pegging Information see FB_________”

The vesting lot is depicted on the Location Plan fully dimensioned. The floor plans exclude the land contained in the vesting lot (see Plan Example 25).

A Crown Land Title (LR) will automatically be created for a vested Lot upon application to register the strata/survey-strata scheme. When the application has been processed through NLR to create the LR issuing to the “State of Western Australia”, automatic notices will be generated to have the lot shown as Crown Land in SmartPlan and trigger action at DPLH to commence reservation action.

The only fees applicable are those related to the STA.

1.22 Automatic Road Dedications

Section 168 of the P & D Act provides for the creation of Roads, Road Extensions and Road Widenings on scheme plans and amendments of scheme plans. Where a road, road widening or a road extension is shown on a scheme plan the land so shown is automatically dedicated for the public use of road at the time the plan is registered under the STA. The land in the road, road widening/extension is never included in the strata titles scheme and therefore the land continues being dedicated road on termination of such a scheme.

All scheme plans that include automatic road dedications must be accompanied by a field book for the authorised survey creating the road and a CSD file.

1.23 Restricted Use Condition

Any scheme plan or amendment of scheme plan that is lodged for registration may restrict the purposes for which the whole or part of the parcel may be used. This is achieved by an endorsement on the plan that delineates the area affected and that makes specific reference to Sec 32(2)(a) of the STA. In most cases, these restricted use conditions are related to land use and could be a condition of planning approval.

Some of the common types of restricted use condition are:

  • restriction on occupancy to people who are “retired persons”
  • restriction on occupancy of the lots - short stay accommodation
  • portions of land restricted by construction of buildings over sewer mains; and
  • restrictions over specific lots in a commercial scheme.

Surveyors adding a restricted use condition to the plan should use an endorsement that clearly specifies the restriction type, the lots or parts of lots affected (see Plan Example 15). If it affects part of the land, the affected part is to be defined in the same manner as an easement boundary and noted on the face of the Location/Floor plan (see Plan Example 66).

There are benefits from a planning perspective because variation or removal requires WAPC consent.

Carefully planned restricted use conditions can assist greatly in the successful and orderly management of a strata titles scheme. Monetary penalties may be imposed where an owner or occupier of a lot contravenes the restricted use condition (section 82 STA).

It is advisable to consult WAPC as to the wording it prefers for a restricted use condition.

Note: A restriction of the kind referred to in Section 32 of the STA is a restriction as to the use or use and occupation of the land in the strata scheme, not a restriction on the ownership of the land in the strata titles scheme.

2 Drafting of Strata Plans

Most drafting guidelines for strata plans are common to all plans under the STA. This chapter records only matters which do not apply to all other types of plan.

2.1 Components of a Strata Plan

A strata plan consists of a:

  • location plan
  • floor plan
  • licensed surveyor’s certificate
  • record of strata titles scheme

and is accompanied at lodgement by a

  • schedule of unit entitlements certified by a licensed valuer
  • permit authority Occupancy Permit or Building Approval Certificate
  • WAPC certificate, unless exempt from planning approval
2.2 Location Plan

The location plan is designed to show the perimeter of the land parcel, the buildings and the boundaries of part lots external to the buildings in relation to the parcel boundaries (see Reg. 15(2)(c) STGR). Scales and orientation must comply with the TLA requirements. A location plan may be on a separate form or can be on the same sheet as the floor plan.

The following sets out the options available for depiction of buildings on location plans in strata schemes.

2.2.1 Single Tier Schemes 

2.2.1.1 Option 1

Single Level Building – show Footprint

  • Show building outline
  • Show outline of part lots external to the buildings
  • Show offsets/encroachments in any case where required

2.2.1.2 Option 2

Multi-Level Building (Townhouse/Villa) – show Outline only (see Plan Example 5)

  • Show outline of building extremities only, including balconies
  • Show outline of part lots external to the buildings
  • Show offsets/encroachments in any case where required and label them i.e. 2nd Floor Balcony

2.2.1.3 Option 3

Multi-Level Building (Townhouse/Villa) – show Outline of Building & Outline of Balcony (see Plan Example 1)

  • Show outline of building extremities & outline of balconies when viewed from above (ignoring eaves except for encroachments)
  • Show outline of part lots external to the buildings
  • Show offsets/encroachments in any case where required and label them i.e. 2nd Floor Balcony
2.2.2 Multi Tier Schemes 

2.2.2.1 Option 4

Multi-Level Building – show Outline only (see Plan Example 6 and Plan Example 19)

  • Show outline of building extremities only, including balconies
  • Show outline of part lots external to the buildings
  • Show offsets/encroachments in any case where required and label them i.e. 2nd Floor Balcony, 10th Floor Plinth encroachment.

2.2.2.2 Option 5

Multi-Level Building – show Outline of Building & Outline of Balcony (see Plan Example 50)

  • Show outline of building extremities & outline of balconies when viewed from above (ignoring eaves except for encroachments)
  • Show outline of part lots external to the buildings
  • Show offsets/encroachments in any case where required and label them i.e. 2nd Floor Balcony, 10th Floor Plinth encroachment.

2.2.2.3 Option 6

Multi-Level Buildings with Multiple Location Plans – show Outline of Building & Outline of Balcony (see example 18)

  • Show outline of building extremities & outline of balconies on each Location Plan/Level
  • Show outline of part lots external to the buildings
  • Show offsets/encroachments in any case where required on each Location Plan/Level and label them.

The location plan can be used as an aid for determining the common property. Any part of the parcel that is not included in a lot is common property.

The following information must be shown on location plans:

  • perimeter of the parcel (but not notated as such)
  • location
  • offsets and encroachments
  • extent
  • road names
  • abutting lot numbers and survey numbers
  • scale bar
  • orientation (consistent with floor plans)
  • depth limit
  • vesting land
  • surveyor’s certificate (reg.54)
2.3 Offsets, Easements over Encroachments and Easements of Support

Where part of a building is within 2 metres of a parcel boundary, offsets must be shown on the location plan. Any part of the building or attachment to the building that encroaches beyond the parcel onto an adjacent parcel, road or ROW must be clearly shown on the location plan by dashed linework.

Section 34(d)(ii) of the STA provides that where part of a strata development, such as a roof, wall or building foundation is built upon adjacent land that is not a public road, street or way, an appropriate easement for that part of the roof, wall or foundation which encroaches onto that other land must be granted and lodged with the Registrar before registration of the Strata Plan can proceed. Section 32(1)(j) states that the plan must identify the nature and extent of the encroaching structure and, if it is to be subject to an easement, specify that easement.

One of the appropriate easements is an easement of support for the part of the building erected on the strata scheme (benefitted land) for that portion of roof, wall or foundation of the said building erected upon the adjacent parcel (burdened land). This type of easement recognises that that portion of the roof, wall or foundation belongs to the owner of the burdened land. Persons considering using this type of easement should obtain legal advice (see Plan Example 11).

It may be more appropriate to effect a subdivision which adds that part of the adjacent land subject to the “encroachment” to the parcel. Refer to section 166 of the P & D Act. This will require the cooperation and consent of the owner of the adjacent land.

Easements in respect of “encroachments” must be lodged for registration before the application for registration of the strata titles scheme. In the case of an easement for support from part of a wall or building on the burdened land, the easement document must be lodged with, but preceding the application for registration of the strata titles scheme.

Encroachments can be walls, gutters and eaves, awnings, plinths, corbels or other similar building attachments. Building connections and wall encroachments should be made to reference mark accuracy. The extent of the encroachment and type must be dimensioned and noted. Also, a statement specifying that the encroachment is to be controlled and managed as if it were common property or as if it were part of a lot is required to be endorsed next to the encroachment graphic. Alternatively, if there are several encroachments shown on the plan, a general statement on the Location Plan will be acceptable.

2.4 Floor Plan

The floor plan must be drawn at a scale and orientation in accordance with the TLA requirements. The orientation must be consistent with the location plan. The floor plan may be on a separate sheet or, space permitting, included with the location plan.

A “floor plan’ is in reality a plan of the level or stratum and does not have to be confined to the floor of a building. It is in fact a plan view of the base of a cubic space forming a lot or parts of a lot.

The perimeter of a building forming the external surface of cubic space should be shown by a thick line to indicate the walls of the building. Lines that are buildings or monuments should be thicker lines or can be shown by parallel lines (tram lines). Usually thinner lines that are dimensioned or partly dimensioned delineate boundaries of part lots that are external to a building.

Surveyors should show the outline of the building to which the local government certificate is to apply. It may be useful in complex situations to assist lot identification by creating separate part lots for carports, garages, store sheds and verandahs. There is no requirement to follow this practice or to specify the use of each of these part lots on the plan. However, it may be useful, particularly where the walls are to be common property.

In cases where there is more than one floor level, each level must be able to be superimposed on the other levels. Separate sheets for each level can achieve this. Two floor plan levels may be shown on the same sheet provided appropriate registration marks (e.g. a common point of overlay or part of the parcel boundary) are placed on each level to enable superimposition. If using the latter method, the scale must be common to all sheets of the plan and the detail clearly shown.

If a lot consists of more than one part, then the lot number shown on each of the parts must be prefixed by “Pt” (see regulation 16(4) ST(G)R) to indicate that there are other parts forming the lot. The area of each part lot should be shown close to the “Pt” lot number. If possible, the lot number and area should be within that specific part of the lot. If, due to lack of space this is not possible the “Pt” lot number and area can be shown externally and then ticked in to indicate the designation of that part. Areas of all the parts should be added to give a total area, which should be shown in brackets within the main “Pt” lot, which is normally, the actual part lot forming or comprised in the building.

For strata plans that have parts of lots on more than one floor level (eg Basement, Ground Floor & First Floor), a table setting out the lot number, total area, floor or level and the sheet number is required to be shown on the Location Plan (see sample table below:

Lot

Total Area

Floor

Sheet

1

57

B, G, 1

2, 3, 4

2

77

B, G, 1

2, 3, 4

3

79

B, G, 2

2, 3, 5

4

55

B, 2, 3

2, 5, 6

5

55

B, 2, 3

2, 5, 6

A CSV file containing this information is required as part of the lodgement of the plan.

The CSV file will outline the total area, floors and sheets for each lot as shown in the below table and example.

CSV Attributes

Attribute

Definition

lotident

Lot number

areatotal

Total area of Lot

floors

Text string of floors for Lot

sheets

Text string of sheets for Lot

Example CSV

lotident,areatotal,floors,sheets

1,57,"B,G,1","2,3,4"

2,77,"B,G,1","2,3,4"

3,79,"B,G,2","2,3,5"

4,55,"B,2,3","2,5,6"

5,55,"B,2,3","2,5,6"

All parts of a lot should be contained within the one sheet, if possible. Alternatively, join marks and notations should be used so, if needed, the floor plan sheets may be compiled to create the scale version of the complete lot or “Pt” lots. If patios, carports, pergolas, enclosed rooms, storage rooms or similar structures are to be included as building part lots under Schedule 1 clause 3AB of the STA, they must be shown on the floor plan (see Schedule 1 clause 4 of the ST(G)R).

Floor plans are designed to show the basis of calculation of the cubic space of the lots. Common property generally should not be shown on the floor plan. The ST(G)R do not permit extra information in the form of broken lines or notations that indicate letterboxes, driveways, carports, garden areas or similar information that is not used for defining lot boundaries.

Voids are an integral part of a floor plan and usually denote the air space where stairways form part of a first or second floor in buildings such as villas and town houses. They may be labelled “Void” or “Stairs” and defined by either pecked lines or solid single lines. While “Voids” form part of the Lot, their area is excluded from the area calculated for that level. Where there is some doubt as to the ownership of abutting voids, surveyors should label each void with the corresponding Pt Lot identifier.

In some instances it may be beneficial to label common property as “Void – Common Property” to ensure there is no conflict as to ownership of such areas (see Plan Example 24).

2.5 Surveyors Certificate

All new Strata Plans lodged for registration at Landgate must have a certificate signed by a licensed surveyor under regulation 54 of the Licensed Surveyors (General Surveying Practice) Regulations 1961. This Certificate ensures the Surveyor is fully accountable for the correctness of the strata plan (see Plan Example 25).

Correct certification by surveyors plays a key role in the strata titling system as it signifies that certain parameters are met before registration. It is therefore important that surveyors are aware that they are certifying to everything shown on the plan, including specifying the easement required for any encroachment beyond the parcel which is not over a public road, street or way.

If there is an encroachment (other than a minor encroachment or circumstance as set out in Regs. 45A and 45B of the Building Regulations 2012) onto a public road, street or way, DPLH must be contacted and consent obtained from the Minister for Lands and whoever has control and management of the road. Where consent for the encroachment has been refused, an Order of the Magistrates Court may be obtained. Minor encroachments do not require consent. If the encroachment is onto private road or R.O.W. steps should be taken to close and amalgamate that portion of land with the subject parcel.

2.6 Measurement Contents

Information shown on a strata plan must be sufficient to establish the lot boundaries of every lot. Some surveyors follow the practice of showing a fully dimensioned plan with measurements to two (2) or three (3) decimal places and angles to 1”. Whilst this may appear to be of a high standard, the reality of measuring walls, fences and other monuments to this accuracy is not necessary for strata plans. The requirements of the STA have been designed to provide sufficient dimensioning or notation to define the lot extremities.

On a strata plan there must be sufficient information shown to establish lot boundaries. There is no requirement to show full dimensioning. However, if the plan is fully dimensioned, distances and areas must agree with the parent “Freehold” information. Where certain Special Survey Areas (SSA) and Redevelopment Authority Deposited Plans show dimensions to three (3) decimal places, surveyors should prepare strata plans to the same accuracy.

2.7 Describing Cubic Space

The use of section 3(2)(b) of the STA when describing cubic space must refer to a wall, floor or ceiling or structural cubic space within the building to which the plan relates and cannot refer to “external surface of building” or “roof”.

Where the underside of a roof forms part of the ceiling and it is intended that the roof form part of the cubic space, the upper boundary of a lot could be described by specifying a distance above the ceiling, so that the roof fits within that measurement. However this definition will not enable inclusion of any part of the roof that extends beyond the line of the inner surface of the walls (see STP-02 and Plan Example 26).

2.8 Large Plans (Rural or Staged)

Occasionally, problems are encountered when the detail and coverage of the strata plan will not fit the A3 size format. Each case should be considered on its merits. The plan must be clear and easy to understand. If possible, the whole of a part lot should be confined to one sheet.

The pictorial representation should be carefully planned. It may overlap numerous sheets, so the plan sheets should be laid out and then an appropriate scale used to meet the criteria listed above. Join marks may be used on lot or parcel boundaries so that it is possible to piece together the complete picture.

3 Drafting of Survey-Strata Plans

Most drafting guidelines for survey-strata plans are common to all plans under the STA. This chapter records only matters which do not apply to all other types of plan.

3.1 Easements

The easements that can be created on a survey-strata plan by short form under section 33 of the STA and are set out in Part 5 of the ST(G)R and include easements for vehicle access, light and air, party wall rights, intrusion by a structure, pedestrian access, easements in gross and utility services. Easements for these purposes can also be created using the provisions of the TLA as set out in Part IVA of that Act.

Multiple easements over the same portion of a Lot must be recorded individually in the “Interests and Notifications” Schedule/”New Interests” Schedule. This will result in strata titles issuing with multiple endorsements and enable each easement to be dealt with individually should the need arise to have an easement modified or extinguished/discharged (see Plan Example 38).

3.2 Surveyors Certificate

A Certificate signed by the surveyor under regulation 54 of the Licensed Surveyors (General Surveying Practice) Regulations 1961 must be shown on the survey-strata plan. This ensures the Surveyor is fully accountable for the correctness of the survey-strata plan in the same manner as is required for a standard deposited plan.

3.3 Certificate of Verifying Surveyor

The Directions to Surveyors under regulation 5 of the Licensed Surveyors (Transfer of Land Act 1893) Regulations 1961 define a Survey Document as “any plan, (including its component digital record), including but not limited to compiled plans and survey-strata plans”. The directions require that any Survey Document that is certified by a licensed surveyor, who is not eligible to verify survey documents at the time the document is lodged at Landgate, must be verified and countersigned by a licensed surveyor who is so eligible, in accordance with the directions. The certificate in the following table must be added to the plan and signed by the verifying surveyor.

I ________________________ being eligible, in accordance with the Land Surveyors’ Licensing Board’s requirements, to verify survey documents have checked this plan (and its digital record) by ________________________ (Licensed Surveyor) and I verify that the plan is error free and consistent with the field record and digital record and complies with the Landgate Policy and Procedure Guides, except where good reason has been shown to the contrary, and with all regulations applicable to it.

Date:__________________ Signed: _______________________________                                                                                        (Licensed Surveyor)

3.4 Pegs

New boundary pegs must be recorded on the plan, as should descriptions of any variations from standard (regulation) marking. Where the position of original or existing pegs has been adopted, there is no need to show those pegs on the plan. The position of each peg that is not placed exactly at a corner of a lot should also be recorded (see Plan Example 3, Plan Example 8, Plan Example 9 and Plan Example 10).

3.5 Other Information

Because the survey-strata plan must be sighted by the buyer of a lot it is desirable to make the plan as useful as possible for this purpose, including minimising the amount of technical information on the plan.

For this reason (unlike TLA plans) the following information should NOT be shown on survey-strata plans:

  • orig and per orig annotations

and

  • OM, MF, MFR, MGR etc. annotations.

For the same reason, it is essential to show any pegs that are necessarily out of position, any non-standard marks and any building connections on the plan (see Plan Example 8, Plan Example 9 and Plan Example 22). Enlargements should be used where the situation cannot clearly be depicted on the main body of the graphics.

3.5.1 Encroachments, Building Connections

If part of a building, wall or other significant improvement is built such that it crosses over the boundary between the subject land and an abutting lot, the encroachment must be recorded on the plan. Connections to buildings, walls and other types of significant improvements that are close to, but do not cross over the boundary of the subject land may be recorded on the plan at the surveyor’s discretion (see Plan Example 10 and Plan Example 23).

3.6 Easements and Restrictive Covenants

Under the STA and the TLA, it is possible to create easements and restrictive covenants over land in the same ownership. This has numerous advantages where a developer may put in place easements and restrictive covenants for various purposes over the subject land at the time of registration of the plan.

The STA and the TLA contain standard wordings that can eliminate the need for any written documentation. However, it is also possible to vary the terms of these easements or restrictive covenants or provide for specific needs by an instrument that is in the form of a deed.

Scheme plans and amendments of scheme plans lodged for registration can create:

  • short form easements and restrictive covenants under Part IVA of the TLA
  • short form easements under section 167 of the P & D Act
  • short form easements and restrictive covenants under section 33 of the STA
  • restrictive covenants (Road Access Conditions) under section 150 of the P&D Act;

and include:

  • easements and covenants created by deed or transfer1.

1[Guide updated on 25/05/202 to insert the word 'created']

It is not possible to automatically create section 136C TLA easements such as ‘Right of Carriageway’ on amendments of scheme plans.

Easements that are created under the TLA or the STA need to be shown in a Interests and Notifications schedule/New Interests schedule on the plan and be shown by broken lines, dimensions and angles on the plan. Original easements and covenants being brought forward that have a spatial nature also need to be shown (see Plan Example 10).

3.6.1 TLA Easements

Section 65, Part IVA section 136C and Ninth and Tenth Schedules of the TLA refer to the following types of “standard” easements:

  • Right of carriageway
  • Right of footway
  • Water supply purposes
  • Drainage purposes
  • Gas supply purposes
  • Transmission of electricity by overhead cables
  • Transmission of electricity by underground cables
  • Transmission of television signals
  • Party wall rights
  • Eaves and gutters
  • Sewerage purposes
  • Parking of motor vehicles.
3.6.2 Easements That do not meet the terms in the Tenth Schedule of the TLA

Where an easement that is required does not meet these terms, an “instrument” varying the terms of the easement can be lodged with the Strata/Survey-Strata Plan. The instrument must be in the form of a deed, prepared on a TLA form B2 and must be capable of registration. For full registration details, see Land Titles Registration Policy and Procedure Guide EAS-01, Section 7

3.6.3 P&D Act Easements

Section 167 of the P&D Act provides for the automatic creation of service authority easements in gross on registration of scheme plans and amendment of scheme plans. The statutory wording of these various easements is set out in regulation 33 of the Planning and Development Regulations 2009 (see Plan Example 52).

Where there is a requirement to create section 167 P&D Act easements on strata plans that are exempt from the requirement of approval by the WAPC, then it is important for surveyors to note that the P&D Act makes no provision for those plans to be endorsed by the WAPC. Surveyors are required to provide a CSD file when creating section 167 P & D Act easements on a strata plan.

Where a building encroaches upon an existing section 167 P & D Act easement, surveyors should identify at the earliest possible moment and consideration should be given to have the easement extinguished, partially extinguished or varied in height so that no building part lot (including balconies) is encumbered by the easement. Failure to identify and negotiate the modification of that easement may cause unnecessary financial cost and delays for the developer. In the case where an easement encumbers the basement carbay part lot of a multi-tier scheme, the easement may be limited in height (metres AHD) to the undersurface of the basement ceiling. This will enable the service authorities to maintain and access the easement. From time to time surveyors may encounter lightweight structures e.g. carports, pergolas etc. (non-building part lots) that hang into or over section 167 P&D Act easements.

For any encroaching structure, contact should be made with the service authority benefiting from the easement. A partial extinguishment may be required or a letter from the service authority consenting to the structure being within the easement. This letter should be lodged with the strata plan so as to alert Landgate’s strata plan examiners that the matter has been attended to.

3.6.4 STA Easements

Easements created pursuant to section 33 of the STA are created automatically on registration of the scheme plan or an amendment of a scheme plan. Although only the abbreviated name of the easement needs to be shown on the plan, the terms of the easements are prescribed in the ST(G)R. These types of easements are confined to the subject land, i.e. it is not possible to benefit land outside of the scheme.

The following short form easements may be created under section 33 of the STA:

  • Vehicle Access Easement under regulation 31 of the ST(G)R (see Plan Example 3).
  • Light and Air Easement under regulation 32 of the ST(G)R.
  • Party Wall Easement under regulation 33 of the ST(G)R (see Plan Example 13).
  • Intrusion Easement under regulation 34 of the ST(G)R (see Plan Example 7, Plan Example 10 & Plan Example 45).
  • Pedestrian Access Easement under regulation 35 of the ST(G)R.
  • Easement in Gross under regulation 36 of the ST(G)R
  • Easement for Utility Services under regulation 37 of the ST(G)R

These types of easements can also be created on plans of conversion to survey-strata. For merger sketch plans, only Vehicle Access Easements can be created - see Schedule 2A, clause 21W of the STA.

If special conditions are required, the standard form of the easements may be varied by lodging a memorial or instrument that sets out the specific conditions before the plan is registered. This memorial or instrument, along with the scheme plan or amendment of the scheme plan, are deemed by the ST(G)R to be “short form documents”.

Easements created under section 33 of the STA may be varied or discharged under section 33(6)(a) STA (see Requirements for Registration of Amendment of a Scheme Plan).

When dealing with Vehicle Access (Reg 31) and Pedestrian Accessway (Reg 35) easements, the ST(G)R provided for these easements to be ‘exclusive’ or ‘non-exclusive’. If the easement is exclusive, the grantee must keep the easement area in good order (including by doing any repairs, replacements, maintenance, cleaning or other upkeep). This needs to be stated in the ‘Comments’ column of the Interests and Notifications Schedule (see  in the table example below).

If the easement is to be non-exclusive:

  • the grantor will need to keep the easement area in good order (including by doing any repairs, replacements, maintenance, cleaning or other upkeep); and
  • the grantee will be required to reimburse the prescribed proportion of the costs incurred by the grantor in keeping the easement area in good order.

Unless specified otherwise by either the plan or an instrument, the prescribed proportion will be:

  • the proportion that the unit entitlement of the grantee’s lot bears to the total unit entitlements of the grantor’s and the grantee’s lots, or
  • if common property is burdened by the easement, the proportion that the unit entitlement of the grantee’s lot bears to the sum of the unit entitlements of all lots in the strata titles scheme; or
  • if common property is benefited by the easement, the proportion that the unit entitlement of the grantor’s lot bears to the sum of the unit entitlements of all lots in the strata titles scheme.

If the apportionment of upkeep is not to be the prescribed proportion, the desired proportion is to be specified in a memorial or instrument lodged at Landgate.

Easements in Gross (Regulation 36 ST(G)R)

The short form documents may describe the terms of the easement by reference to a:

  • planning condition,
  • statutory provision or
  • contract.

If the terms of the easement are to be contained in a planning condition or contract, to enable visibility and searchability of the terms, the ST(G)R enables a copy of the contract, statutory provision or planning condition to be contained within a memorial or instrument lodged with the application to register the scheme or amendment of scheme.

If the easement expires at the end of a specified period, it will be taken to mean that the grantor and grantee consent to the Registrar of Titles discharging the easement in gross at any time after the end of the specified period, without any application or notice being lodged at Landgate (see  in the table example below).

Easements for Utility Service

Utility Service

  • water supply
  • drainage
  • gas supply
  • transmission of electricity by overhead cable
  • transmission of electricity by underground cable
  • transmission of communication signals by overhead cable
  • transmission of communication signals by underground cable
  • sewerage

The rights conferred by the easement are set out in regulation 37 of the ST(G)R and are very similar to the rights set out in section 136C and Tenth Schedule of the TLA. However, unlike section 136C, the STA doesn’t require the written consent of any person who has a registered interest or is a caveator in respect of the land being burdened by the easement. The consents required are the designated interest holders, which are defined in the STA as:

  • a registered mortgage; or
  • a registered lease; or
  • a caveat recorded under the Transfer of Land Act 1893; or
  • the interest of a judgment creditor named in a property seizure and sale order registered under the Transfer of Land Act 1893 section 133; or
  • the interest of a person named in a memorial registered under the Transfer of Land Act 1893 as having a statutory right requiring the consent of the person to any dealing with the land; or
  • a plantation interest registered under the Transfer of Land Act 1893; or
  • a carbon covenant registered under the Transfer of Land Act 1893;

This could be considered as a viable option when creating utility service easements on strata title schemes where an estate covenant exists on the parent title and all the lots created on the Deposited Plan of the parent lot are benefited and burdened by this covenant.

Example Schedule of Interests and Notifications

INTERESTS AND NOTIFICATIONS

SUBJECT

PURPOSE

STATUTORY REFERENCE

ORIGIN

LAND BURDENED

BENEFIT TO

COMMENTS

EASEMENT

(VEHICLE ACCESS)

SECTION 33 STA

REG 31

THIS PLAN

LOT 1

LOT 2

 

EASEMENT

(LIGHT AND AIR)

SECTION 33 STA

REG 32

THIS PLAN

LOT 1

LOT 2

 

EASEMENT

(PARTY WALL)

SECTION 33 STA

REG 33

THIS PLAN

LOT 2

LOT 1

 

EASEMENT

(INTRUSION)

SECTION 33 STA

REG 34

THIS PLAN

CP3

LOT 1

 

EASEMENT

(PEDESTRIAN ACCESS)

SECTION 33

REG 35

THIS PLAN

LOT 2

LOT 1

THIS EASEMENT IS EXCLUSIVE

EASEMENT

(DRAINAGE)

SECTION 33 REG 36

THIS PLAN

LOT 2

CITY OF STIRLING

 

EASEMENT

SECTION 33 REG 36

THIS PLAN & DOC………..

LOT 2

ATCO

EXPIRES ON 31.12.2050

EASEMENT

(WATER SUPPLY)

EASEMENT

(DRAINAGE)

EASEMENT

(GAS SUPPLY)

EASEMENT

(TRANSMISSION AND DISTRIBUTION OF ELECTRICITY BY OVERHEAD CABLE AND CONDUCTORS)

EASEMENT

(TRANSMISSION AND DISTRIBUTION OF ELECTRICITY BY UNDERGROUND CABLE AND CONDUCTORS)

EASEMENT

(TRANSMISSION OF COMMUNICATION SIGNALS BY OVERHEAD CABLE)

EASEMENT

(TRANSMISSION OF COMMUNICATION SIGNALS BY UNDERGROUND CABLE)

EASEMENT (SEWERAGE)

SECTION 33 REG 37

THIS PLAN

LOT 2

CITY OF WANNEROO

 
3.7 Restrictive Covenants

These are a restriction on the land and can be utilised for such things as building restrictions, height restrictions and limitations on building materials, aesthetics and similar controls on appearance, access and use of the land. Restrictive covenants can be created on the scheme plan (Sec 136D TLA, Sec 33 STA and Sec 150 P&D Act) or by deed Sec 129A and Sec 129BA TLA). These types of covenants can be between lots within a strata titles scheme or benefits may be given to land outside the scheme or public authority/local government.

An important feature of Sec 136D TLA and Sec 33 STA covenants is that they have effect even while the land burdened and benefited are in the same ownership.

Sec 33 STA provides that restrictive covenants can be created benefitting local governments and public authorities only. Regs 43 to 47 of the ST(G)R sets out the purpose, rights and liabilities of the restrictive covenants:-

  • Right of way restrictive covenant - to prevent development in a right of way setback
  • Land use restrictive covenant - to restrict the use of land
  • Conservation restrictive covenant - to protect areas identified for conservation
  • Building envelope restrictive covenant - to control the siting of development
  • Fire restrictive covenant - to restrict development in fire prone areas

The rights and liabilities of these restrictive covenants may be varied by a memorial or other instrument lodged at Landgate. For Land Use and Conservation Covenants, a memorial or other interest will be required to provide more specifics in regard to the restrictions on Land Use and Conservation.

INTERESTS AND NOTIFICATIONS

SUBJECT

PURPOSE

STATUTORY REFERENCE

ORIGIN

LAND BURDENED

BENEFIT TO

COMMENTS

RESTRICTIVE COVENANT

(RIGHT OF WAY)

SECTION 33 STA

REG 43

THIS PLAN

LOT 1

LOCAL GOVERNMENT OR PUBLIC AUTHORITY

 

RESTRICTIVE COVENANT

(LAND USE)

SECTION 33 STA

REG 44

THIS PLAN & DOC……….

LOT 1

LOCAL GOVERNMENT OR PUBLIC AUTHORITY

 

RESTRICTIVE COVENANT

(CONSERVATION)

SECTION 33 STA

REG 45

THIS PLAN & DOC……….

LOT 2

LOCAL GOVERNMENT OR PUBLIC AUTHORITY

 

RESTRICTIVE COVENANT

(BUILDING ENVELOPE)

SECTION 33 STA

REG 46

THIS PLAN

CP3

LOCAL GOVERNMENT

 

RESTRICTIVE COVENANT

(FIRE)

SECTION 33 STA

REG 47

THIS PLAN

LOT 2

LOCAL GOVERNMENT

 

Alternatively, restrictive covenants may be created under section 129A of the TLA using an instrument. It is also possible to benefit land outside of the scheme by utilising this method. This means a strata/survey-strata lot may be encumbered by a covenant, but land outside the scheme may benefit from that covenant (see Plan Example 49).

A local government may impose a section 129BA of the TLA restriction as a condition of subdivision over a portion of a proposed lot abutting a Right of Way, Way or Lane in order to prevent new developments taking place over a prescribed portion of the subject land. Such restrictions are usually used to accommodate future widening of the Right of Way. Surveyors must show the extent of the restrictive covenant spatially on the plan and endorse the covenant in the Interests and Notifications Schedule (see Plan Example 10, Plan Example 14 & Plan Example 45).

Section 150 of the P&D Act allows Road Access Conditions, imposed by WAPC, to be endorsed on scheme plans. Conditions imposed as a restriction or prohibition on land abutting a road is to be shown in the Interests & Notifications schedule as a “COVENANT” (see Plan Example 52).

Regulation 30 of the Planning & Development Regulations 2009 is used to impose Road Access Conditions. A Road Access Condition must be identified and labelled with such a notation as A – B. Details of the restriction or prohibition and to whom or what it applies and when and in what circumstances, is to be noted in the COMMENTS field of the Interests & Notifications schedule on the plan.

The covenantee can only be one of the following:

  • Western Australian Planning Commission
  • Commissioner of Main Roads
  • Minister administering Public Works
  • Local Government

Landgate would expect however, that should a planning condition relate to “Control of Access”, then the automatic tools under regulation 30 would be used rather than the continued use of section 129BA of the TLA.

Surveyors are advised that:

  • The WAPC may impose a condition under section 150 of the P&D Act that access to and from a portion of land shown on a plan of survey relating to the subdivision to a road abutting the portion of land is to be restricted. Section 150 of the P&D Act does not apply to "future" road/road widening or a pedestrian access way. A restriction on access in these cases can be effected by a restrictive covenant under section 129BA of the TLA.
  • The notation in the comments field of the Interests and Notifications schedule must specify to the following "to and from". E.g. NO VEHICULAR ACCESS TO AND FROM GREAT EASTERN HIGHWAY.
  • All new lots created from the parent lot on a plan of subdivision are burdened by the restrictive use that was created by the covenant on the parent lot.

Note: Section 150 of the P&D Act does not replace Restrictive Covenants created under section 129BA of the TLA but should be depicted in the same manner.

A Road Access Condition covenant can be modified or discharged under regulation 32 of the Planning & Development Regulations 2009 by application to WAPC. When consent has been granted, an application is made to the Registrar of Titles to modify or discharge the covenant accordingly and make any entries or endorsements that may be necessary to evidence the modification or discharge.

Any modification of a spatial nature would require an Interest Only Deposited Plan to accompany the Application to modify the covenant.

An appeal to SAT is available to an applicant if WAPC refuses a request to modify or discharge a Road Access Condition covenant.

4 Requirements for Registration of a Scheme Plan

Registration of a Scheme Plan will not be possible without being accompanied by the following certification from:

  • the permit authority
  • the Western Australian Planning Commission (WAPC)
4.1 Permit Authority Certification

All Strata Plans must have either an Occupancy Permit (OP) or a Building Approval Certificate (BAC), granted by the Permit Authority (local government) under the Building Act 2011(BA), and lodged with the plan to enable registration of the plan and the issue of certificates of title for the lots the subject of the plan (see Plan Example 1 and Plan Example 24).

Surveyors may lodge the strata plan at Landgate prior to the OP or BAC being signed and issued by the local government. This enables the strata plan to be examined but not put "In Order for Dealings" while the permit or certificate is waiting to be issued by the local government. Surveyors using this method may lodge the OP or BAC at a later date. However, if the OP or BAC is available prior to the strata plan being lodged, it should accompany the plan.

Landgate receives all OP’s and BAC’s electronically as a scanned PDF document with the plan prior to the application to register the strata titles scheme is lodged. It is the owner's responsibility to provide their licensed surveyor with a legible OC/BAC.

The following information, key to Landgate’s requirements, will need to be depicted on all BA forms:

  • the correct strata plan number and lot on survey details; and
  • the name and endorsed signature of the Local Government Issuing Officer along with the date of signing.

Failure to provide this information clearly and legibly will result in the form being rejected and requiring replacement.

As there is a need for consistency for industry groups, local governments, Landgate and the Building Commission, the following rules will also apply:

  • All the buildings shown on a SP are to be covered by an OP or BAC.
  • Landgate will accept both an OP and a BAC for the same SP where different classes of buildings exist within the same scheme.
  • Landgate will not accept more than one OP or more than one BAC for the same SP.
  • Strata lot numbers applying to either an OP or a BAC are to be clearly identified.
  • Where the information on the OP or BAC is unclear, the lodging party will be notified.

Where the Permit Authority does not grant an Occupancy Permit or a Building Approval Certificate, the applicant may apply to the State Administrative Tribunal for a review of the decision under the BA.

4.2 WAPC Certification

Strata plans that do not fit the exemption criteria, as specified in regulation 19 of the ST(G)R, must be accompanied by a certificate endorsed correctly by local government (delegate under section 16(3)(e) of the P&D Act 2005) or the WAPC.

For instances where the WAPC approves the strata plan, the WAPC certificate must be incorporated into the appropriate plan sheet (see Plan Example 11).

For instances where the WAPC delegates its powers for approval to local government, Landgate will accept a “scanned” signed copy of the certificate as a PDF file.

Surveyors have the choice of the following options:

  • lodge the WAPC certificate (where delegated) at the local government, wait for the signed WAPC certificate (along with the signed OP or BAC) to return from the local government and lodge at Landgate as a scanned PDF

or

  • lodge the strata plan at Landgate and at the same time send the WAPC certificate (where delegated and with the Application for OP or BAC) to the local government. In this option, Landgate will conduct an examination of the strata plan and mark it with a status of “examined” subject to lodgement of WAPC certificate and OP /BAC.

All survey-strata plans must go through the full planning referral process as required by the WAPC. This means referral to appropriate government agencies for comment. For a survey-strata plan the certification is referenced to section 17(3) of the STA. The WAPC reference number must be endorsed onto the plan.

4.3 Cancellation of a Strata/Survey-Strata Plan

For various reasons lodged scheme plans occasionally need to be cancelled:

  • If a land owner has had a survey carried out to create a strata titles scheme and then decides that the scheme should not proceed, a written request to cancel the scheme plan is required from the owner/s to Landgate.
  • If a previous scheme plan was lodged but never registered (Application for Titles of a strata title scheme never lodged) and a new scheme plan has been lodged over the same parent parcel (due to a change in the type of scheme, configuration or number of lots), the previous scheme plan must be cancelled.

A request for the cancellation of the redundant scheme plan can be made in the lodgement portal in NLR-P. Any rating or taxing authority should be notified of the intention to cancel. A letter of acknowledgement should be obtained from any such authority.

On receipt of a cancellation request, the scheme plan status is updated to "Cancelled". The scheme plan is stamped to show “Cancelled” on all sheets.

The following Authorities are notified by letter of the cancellation:

  • WAPC (for plans not exempt from requiring WAPC approval)
  • Local Government
  • Valuation & Property Analytics (Landgate)
  • Office of State Revenue
  • Water Corporation
  • Western Power
  • ATCO Gas Australia

A letter is also sent to the owner or surveyor who requested the cancellation. A fee is charged by Landgate for cancellation of the scheme plan.

4.4 Requirements for Registration of Amendment of a Scheme Plan (section 35 STA)

There are 4 types of amendment of a strata titles scheme that give effect to a subdivision:

  • Type 1 subdivision covers:
    • addition of land from outside the parcel to the common property and
    • conversion of lots within the scheme into common property.
  • Type 2 subdivision covers the removal of common property from a scheme.
  • Type 3 subdivision covers consolidation of lots within a scheme.
  • Type 4 subdivision covers subdivision of lots and/or common property within a scheme.
4.4.1 Type 1(a) Subdivision - Addition of Common Property from Outside the Parcel

A strata company may acquire extra land to add to the scheme in the form of common property. Methods by which land may be acquired include the:

  • purchase and amalgamation of a closed public road
  • purchase and amalgamation of a portion of Crown land
  • purchase and amalgamation of a closed private road or ROW
  • purchase of the adjoining land

The dot points above constitute a type 1(a) subdivision of a strata titles scheme. The additional land may then become a lot or part of a lot by either a type 4 subdivision (re-subdivision) or merger (for schemes registered before 1 January 1998) depending on the nature of the acquisition and the date when the scheme plan was registered.

4.4.2 Purchase and Amalgamation of Closed Roads or Crown Land

Roads dedicated for public use may be closed under section 58 of the LAA. Adjoining landowners may apply to local government seeking a road to be closed for purchase and amalgamation into adjoining properties. Once requested, the local government must comply with section 58 of the LAA and regulation 9 of the Land Administration Regulations 1998.

Acquisition of Crown land parcels is managed by DPLH. In many cases where the land to be acquired, for example is a PAW or public road that is to be closed, DPLH negotiates with the abutting proprietors before the closure occurs. This is to avoid the creation of small isolated parcels of Crown land.

DPLH liaises with the local government, WAPC, and other government agencies on matters such as desirability of the closure, relocation of services and requirements for easements. In all instances involving the disposal of surplus crown land, DPLH is obliged to offer the land at a price set by the Valuer General.

4.4.3 Registration Procedures for Amalgamation of a Closed Public Road or Other Crown Land

Closed roads or Crown land may be included into an adjoining land parcel on registration of a Conveyance and Amalgamation Order under section 87 of the LAA. A new deposited plan is required showing the “outcome” of the amalgamation of the Crown land with the adjoining parcel. The area of amalgamated Crown land is depicted on this plan within an inset.

4.4.4 Amalgamation of Closed Private Roads or Ways

Amalgamations of closed private roads or ROWs can be achieved in a number of ways:

  • By closure and amalgamation under sections 52 and 87 of the Land Administration Act, 1997.
  • By an application for closure and inclusion.
  • By Court order.

The procedures of section 52 of the LAA and regulation 6 of the Land Administration Regulations 1998 are similar to those for public road closures, except that the relevant local government must take all reasonable steps to give notice to the holder of the subject land, and the holders of freehold land abutting the private street or right of way.

4.4.5 Acquiring Additional Land by Transfer

A strata company may decide to purchase land adjoining, contiguous to or within the scheme for the purpose of creating, or creating additional, common property.

The process requires:

  • The strata company passing a resolution without dissent (or unanimous resolution in a two lot scheme).
  • A transfer of the land to be acquired to the strata company.

and

  • The land that is to be transferred must be contiguous to or within the parcel that comprises the scheme and must be free of encumbrances.

The transfer is to be lodged at Landgate accompanied by:

  • the duplicate certificate of title (if issued) of the land being transferred
  • an application for a new title for the residue/balance lot (if any)
  • an application to register the scheme plan amendment; and
  • a certificate from the strata company which certifies that the resolution was passed.

For full details on the registration of all the above the Type 1 subdivision scenarios, see Land Titles Registration Policy and Procedure Guide STR-04.

4.5 Plans Required for Type 1 (a) Subdivisions

In the case of land adjoining or contiguous to the scheme, a deposited plan must be prepared incorporating the land to be acquired with the existing scheme, together with a depiction of any residue land as a separate lot. This deposited plan must be processed through the normal planning approval process until the plan becomes “in order for dealings”.

Surveyors are also required to lodge a type 1 subdivision plan to reflect the additional land in the scheme (see Plan Example 63. This plan will depict the new parent lot details and the plan purpose all under the “PLAN OF” heading. The following notation is an example:

LOT 300 ON DP 410000

ADDITION OF LAND OUTSIDE THE PARCEL -TYPE 1(a) SUBDIVISION

In the case of strata plans, this will require lodgement of a Location Plan only. This plan should show all the latest abuttal and offsets (if required) information (see Plan Example 57). The sheet numbering should be the same as the Location Plan it is replacing. In the case where the Location and Ground Floor Plan of the original strata plan are on the same sheet e.g. ‘Sheet 1 of 1 Sheet’, the sheet showing the new Location Plan should be numbered ‘Sheet 1A of 1 Sheet’.

In the case of Survey-Strata Plans, a new plan depicting the new common property details will be required (see Plan Example 58). The land included is allocated the letters “CP” followed by a number.

No field record will be required to be lodged with the plan as it will most likely be a compiled plan. The field record numbers shown on this plan can be the field record for the parent Deposited Plan and/or other field books used in its compilation.

For types 1(a) subdivisions involving the construction or modification of a building, a BA form will be required to be lodged with the plan. If no building is involved, no BA form will be required.

A merger, survey-strata conversion (for strata plans only) or type 4 subdivision is needed to enable this common property to become part of the lots, if that is desired. Alternatively, it may remain as common property.

4.6 Type 1(b) Subdivision - Conversion of Lot/s Within a Scheme to Common Property

The STA permits a lot within a scheme to be transferred to the strata company, converting the lot to common property. It is only possible to convert whole lots into common property. The strata company must pass a resolution without dissent to convert a lot or lots into common property provided the scheme consists of three or more lots. A Type 1(b) subdivision of the strata titles scheme requires approval from the WAPC.

If the lot being transferred is free of encumbrances, a transfer from the registered proprietor to the strata company is executed and can then be lodged at Landgate accompanied by:

  • a certificate from the strata company agreeing to the transfer.
  • an application to register the type 1(b) subdivision

Surveyors are required to lodge a type 1(b) subdivision plan, which will be accompanied by a schedule of unit entitlements showing the entitlements of the remaining lots and the adjusted sum of all unit entitlements. For strata plans a new location (in most cases) and floor plan is required. For survey-strata plans, a plan showing details of the additional common property is required.

This plan will show the plan purpose under the “PLAN OF” heading. The following notation is an example:

TRANSFER OF LOT 1 TO COMMON PROPERTY - TYPE 1(b) SUBDIVISION

On registration the interests and operation of the encumbrances of the remaining lot proprietors are extended to include the additional common property.

In the case of a survey-strata plan the converted lot will be allocated the letters “CP” followed by a a number.

For full details on the registration of Type 1(b) subdivisions, see  Land Titles Registration Policy and Procedure Guide STR-04.

Note: Type 1 subdivision plans will require approval from the WAPC as per section 35(1)(f) of the STA.

4.7 Type 2 Subdivision - Transfer of Common Property

The STA permits land that is common property to be transferred by the strata company, removing it from the scheme. A deposited plan is necessary to define the land to be transferred.

On approval of the deposited plan, surveyors are also required to lodge a type 2 subdivision plan depicting the new boundaries of the strata titles scheme after the disposal of common property, including, under the “PLAN OF” heading, the following notation should be shown:

LOT 300 ON DP 410000

REMOVAL OF COMMON PROPERTY FROM THE PARCEL - TYPE 2 SUBDIVISION

In the case of strata plans, this will require a replacement Location Plan only. This plan should show all the latest abuttal and offset (if required) information (see Plan Example 59). The sheet numbering should be the same as the Location Plan it is replacing.

In the case where the Location and Ground Floor Plan of the original Strata Plan are on the same sheet e.g. ‘Sheet 1 of 1 Sheet’, the replacement sheet showing the new Location Plan should be numbered ‘Sheet 1A of 1 Sheet’.

In the case of survey-strata plans, a new plan showing the amended details of the existing common property will be required. No field record will be required to be lodged with the plan as it will most likely be a compiled plan. The field record numbers shown on this plan can be the field record for the parent deposited plan and/or other field records used in its compilation (see Plan Example 60).

Note: The type 2 subdivision plan will require approval from the WAPC as per section 35(1)(f) of the STA.

5 Summary

To sum up, if a “multiple owner” freehold subdivision involves the transfer of a lot, or part of a lot, in a strata titles scheme, the affected lot, or portion, must first be converted into common property by a type 1(b) subdivision before being transferred out of the strata titles scheme.

Similarly, where land is being transferred into a strata scheme by a freehold subdivision the land can only be included as common property by a type 1(a) subdivision.

The “balance lot” requirements for a freehold subdivision involving a strata titles scheme are:

  • If only common property is involved in the land being transferred (in or out) then the following plans will need to be lodged:
    • a new deposited plan showing the new freehold lots as in a normal subdivision and
    • a type 1(a) or 2 subdivision plan reflecting the change to the strata titles scheme
  • Where it is intended that a new subdivision will involve the transfer of part or all of an individual lot or lots within a strata titles scheme then the scheme must either:
    • be terminated or
    • a type 1(b) or 4 subdivision plan must be lodged converting the affected land into common property. A deposited plan can then be lodged for the subdivision, as outlined previously.
  • If it is intended that land being transferred/amalgamated into a strata titles scheme is to be included in a particular lot within the scheme, the land must:
    • first be included in the scheme as common property by a freehold subdivision plan, followed by
    • a type 1(a) subdivision plan, then
    • a type 4 subdivision plan, merger sketch plan or plan of conversion to survey-strata, depending on the nature of the current scheme and when it was registered (see Plan Example 41).
5.1 Permit Authority Certificate

The STA states that, for an amendment of the scheme plan, it is to be accompanied by an occupancy permit or building approval certificate for each scheme building constructed or modified in the course of a subdivision to be given effect by registration of the scheme or amendment of the scheme. This means that, for any amendment of a strata plan (including subdivision types 1 and 2) which involves the construction or modification of a building, a BA form will be required to be lodged with the plan. If no building is involved, no BA form will be required.

5.2 Type 3 Subdivision - Consolidation of Lots

Type 3 subdivision is the consolidation of 2 or more lots in a strata titles scheme into one lot in the scheme (a type 3 subdivision cannot include any of the common property in the scheme). For strata plans, a floor plan is required showing the consolidated lot and a location plan is necessary if there are vacant lots or part lots external to a building (see Plan Example 36 and Plan Example 37). Type 3 subdivision plans for survey-strata schemes also depict the lots that have been consolidated (see Plan Example 39).

For type 3 subdivisions of strata schemes, the plan will need to be accompanied by an occupancy permit or building approval certificate only if there are buildings modified as a result of the consolidation. Unless exempt, a type 3 subdivision must also have a approval from the WAPC. For type 3 subdivisions involving survey-strata schemes, WAPC approval is required.

For all schemes, surveyors must certify their plans with the surveyor’s certificate- Regulation 54. If there are staged subdivision by-laws, this certificate must state that the plan does not significantly vary from the staged by-law(s) relevant to the plan. See Staged Schemes in this Guide for more information.

A schedule of unit entitlements certified by a licensed valuer is to accompany the type 3 subdivision plan. For staged subdivision schemes, the determination by a licensed valuer as to the variation between the unit entitlement for each lot on the schedule of unit entitlements and the staged subdivision by-laws not being significant (referred to in item 8 of this notice) will be required to be included on the valuer’s certificate. See Staged Schemes in this Guide for more information.

Type 3 subdivision plans are not common as, in most instances some common property is involved, resulting in a type 4 subdivision being required.

5.3 Type 4 Subdivision - (Re-subdivision) of Strata Titles Schemes

Scheme plans may be subdivided to reflect boundary changes that have been agreed to by the strata company. These types of plans are for lot boundary re-alignment, the creation of new lots from a  lot or common property, or a combination of those actions.

When the type 4 subdivision takes effect, new lot numbers will be created, superseding some or all of the previous lot numbers. The strata system of subdivision does not permit part lots to remain after a type 4 subdivision. Therefore, any lots that are affected by the type 4 subdivision are re-dimensioned, have new unit entitlements assessed and are allocated a new lot number. This results in whole lots always remaining in the strata titles scheme.

The type 4 subdivision plan is an addition to the existing plan and retains the same plan number. On registration of the type 4 subdivision new titles are issued for the newly created lots and no title will issue for common property. The recording of the transactions results on the record of strata titles scheme on the scheme plan and schedule of unit entitlement defining the current situation and the previous history.

5.4 Surveyor's Certificate

For all schemes, surveyors must certify their plans with the surveyor’s certificate- Regulation 54 of the Licensed Surveyors (General Surveying Practice) Amendment Regulations 1961. In the case of a staged development, where there are registered staged by-laws setting out the proposed completed development, this certificate must state that the plan lodged for registration is or is not a significant variation to those by-law(s) in compliance with regs.14, 49(4) & 50 ST(G)R (see Plan Example 35).

If the strata titles scheme does not have staged subdivision by-laws or the plan is a significant variation to the staged subdivision by-laws, a unanimous resolution of the strata company is required and consents must then be obtained in order to register the type 4 subdivision. Should an amendment be required to a staged subdivision by-law in order for the plan lodged to comply with the by-law, the appropriate action should be carried out prior to the lodgement of the type 4 subdivision plan with Landgate.

5.5 Strata Schemes

Type 4 subdivision of a strata scheme is required for depicting a new building on a vacant lot or showing building additions on a lot or the creation of new lots from a lot and/or common property.

The type 4 subdivision plan for a strata scheme lodged for registration must include:

  • a scheme plan of amendment comprising of:
    • the location plan depicting any new buildings or additions
    • the floor plan showing the newly created lots
  • the schedule of unit entitlements of all the lots certified by a licensed valuer
  • the provision for certificates from the local government (Occupancy Permit or Building Approval Certificate) if a building or buildings are constructed or modified as a result of the re-subdivision and
  • unless exempt from WAPC approval, a WAPC Endorsement Certificate signed under delegation; where delegation has not been given, the WAPC will endorse the certificate.
5.6 Drafting Guideline

For staged developments, it is preferable to show the complete updated version of the location plan. This may be achieved by copying the detail from the current plan. The intention of this concept is to assist the owners and purchasers of lots, particularly in large schemes, to identify their lots in relation to the whole scheme.

Floor plans of a type 4 subdivision must show the relevant section of the STA that applies to the scheme i.e.: Schedule 2A clause 3AB, sections 3(2)(a) or 3(2)(b) STA. Also, where a floor plan of the registered plan is stamped with the provisions of section 3AB, surveyors must bring forward wording that describes the buildings boundaries in line with clause 3AB (see Plan Example 28).

Where a registered strata plan is endorsed with section 3AB (or Schedule 2A clause 3AB) of the STA and subsequently the local government approves modification of that scheme to allow parts of a building to be built above another building, consideration should be given to, where a “Permitted Boundary Deviation” does not apply (see Schedule 1 clause 3 ST(G)R), surveyors may override section 3AB (or schedule 2A clause 3AB) of STA with section 3(2)(b) of STA for the lots affected.

It must be noted that this situation is for existing schemes only and cannot be utilised for new strata plans lodged for registration.

5.7 Permit Authority Certificate

Type 4 subdivision plans for strata schemes must have an Occupancy Permit or a Building Approval Certificate granted by the Permit Authority (Local Government) and lodged with the plan, if a building or buildings are constructed or modified as a result of the re-subdivision, to enable registration of the plan and the issue of certificates of title for the lots contained therein.

Where the Permit Authority does not grant an Occupancy Permit or a Building Approval Certificate, the applicant may apply to the State Administrative Tribunal for a review of the decision.

Note: See Drafting of Strata Plans for key requirements and standards required 

5.8 Survey-Strata Schemes

All type 4 subdivisions of survey-strata plans must go through the full planning referral process. The basic strata principle of whole lots must be adhered to. It is possible to create new common property on re-subdivision (see Plan Example 44).

The type 4 subdivision plan lodged for registration must have:

  • a scheme plan of amendment
  • a certificate under regulation 54 of the Licensed Surveyors (General Surveying Practice) Regulations 1961. If there are staged subdivision by-laws, this certificate must state that the plan does not significantly vary from the staged by-law(s) relevant to the plan. See Staged Schemes in this Guide for more information.
  • a schedule of unit entitlements certified by a licensed valuer. For staged subdivision schemes, the determination by a licensed valuer as to the variation between the unit entitlement for each lot on the schedule of unit entitlements and the staged subdivision by-laws not being significant (referred to in item 8 of this notice) will be required to be included on the valuer’s certificate. See Staged Schemes in this Guide for more information

and

  • provision for a certificate of approval from the WAPC.

The drafting requirements and conventions for type 4 subdivision of survey-strata plans are the same as for the normal preparation of a survey-strata plan, as set out in Drafting Guidelines common to all STA Plans and Drafting of Survey-Strata Plans.

All remaining existing lots as well as the new lots being created are to be valued for survey-strata plans.

5.9 Significant Variations on Staged Schemes

In a staged scheme some variation is permitted between the stage in the staged subdivision by-laws and the plan lodged for registration. The ST(G)R specifies variations that a significant and which do not qualify for the exemption in section 36 of the STA. These variations apply to re-subdivisions (Type 4 subdivision), consolidation of lots (Type 3 subdivision) and the conversion of lots to common property (Type 1(b) subdivision). Regulation 49 of the ST(G)R states that each of the following will be a significant variation:

  • The relative unit entitlement of an existing lot increases or decreases as a result of a future stage of subdivision by 10% or more (beyond what is provided in the staged subdivision by-laws)
  • The number of lots in a future stage of subdivision increases or decreases by 10% or more (beyond what is provided in the staged subdivision by-laws)
  • The registered easements or restrictive covenant change in a way that materially adversely affects an existing lot (beyond what is provided in the staged subdivision by-laws).

A licensed valuer may make a determination about whether a stage of subdivision is or is not a significant variation in relation to the first dot point above and will need to consider how any changes in configuration of scheme buildings, lots or common property on the plan when compared with the staged subdivision by-law affects the unit entitlement of any existing lots in the scheme. This determination will be found on the valuation certificate – see below.

I have determined that in the Schedule of Unit Entitlements above, there is/is not a significant variation of the kind described in Regulation 49(1)(a) to the proposed Schedule of Unit Entitlements in the agreed stage of subdivision in staged subdivision by-law number(s) .............. registered on ...................

A licensed surveyor may make a determination about whether a stage of subdivision is or is not a significant variation in relation to the second and third dot points above. This determination will be found on the Regulation 54 certificate – see below.

I have determined that this plan is/is not a significant variation to staged subdivision by-law(s) no(s) ………………………..registered on ………………………..in compliance with regulations 14, 49(4) and 50 of the Strata Titles (General) Regulations 2019.

If previous stage(s) of a plan were registered before 1 May 2020, the subsequent stages will still be required to comply with regulation 36 of the Strata Titles General Regulations 1996, which will need to be endorsed on the regulation 54 certificate accordingly (see example below for suggested wording).

This plan complies or sufficiently complies with Schedule 1 by-law(s) no(s) ................................... on Strata Plan no. ............... registered on …………………. in a way that is allowed by regulation 36 of the Strata Titles General Regulations 1996.

STP-10 Schedule of Unit Entitlements

Version 2 – 01/05/2020

The information provided in this guide is not intended to amount to legal advice. Professional assistance may be required to determine the most appropriate action to protect your legal rights. Please read our Terms of Use on the Strata Titles Policy and Procedure Guides web page. Landgate accepts no responsibility where parties print this guide and seek to rely on information that is out of date.

1 Section 37 STA

The unit entitlement of lots in strata titles schemes has an important role in determining a lot owner’s:

  • share in common property in the scheme,
  • levy contribution payable and
  • voting rights.

There is often confusion both in the industry and by lot owners on the valuation a licensed valuer undertakes when calculating unit entitlement. Basically, unit entitlement is a comparison of relative values between the lots in the scheme in proportion to the aggregate. The tolerances of these values can be no greater than 5% more or less. The STA contains provisions which in certain circumstances allow unit entitlements to be varied from time to time to ensure that owners and mortgagees’ interests are protected. In strata schemes a proprietor may improve his lot with building additions and alterations which may result in a higher property valuation. Steps should be taken to amend the unit entitlement to reflect these changes if they mean the relative value of the lot to other lots is greater than the tolerance.

Schemes registered between 1966 and June 1985 had unit entitlements allocated by the surveyor or developer, not by a licensed valuer. Consequently, they do not always reflect the proportion of the valuation of the lot to aggregate value of all of the lots. The STA provides for a licensed valuer to allocate unit entitlement of each lot based on the value of the lot in proportion to the total value of all lots in the scheme. As previously mentioned, this proportion must not vary by more than 5% more or less from the value the lot bears to the aggregate value of all of the lots. Unit entitlement must be expressed in whole numbers. The valuer’s certificate for a strata titles scheme is valid for a period of 2 years from the date of the valuer signing the certificate. If the scheme plan is not registered within this time frame, then the valuer’s certificate lapses. The status of the scheme plan will indicate this and a new certificate will be required before registration can proceed.

Note: A fee is required when lodging a replacement Schedule of Unit Entitlements for a strata/survey-strata plan that has a status of “Lapsed”.

The Schedule of Unit Entitlements is to be lodged with the scheme plan or amendment of scheme plan (if applicable).

1.1 Valuers Certificate for a Strata Plan

A licensed valuer must certify unit entitlement for a strata plan based on capital value within the meaning of the Valuation of Land Act 1978. This means valuing the buildings and improvements on the lots together with the land content. Once the strata plan is registered the unit entitlement will remain in force until action is taken to amend it. A Schedule of Unit Entitlements form should be used.

An anomaly occurs when the strata titles scheme contains a “vacant lot”, a lot that has no building constructed on it. The strata plan will contain a certificate from a licensed valuer that certifies that the unit entitlement is based on the value of the lots containing buildings compared to those not containing a building. This is satisfactory until buildings are constructed on the vacant lots. Unless a Type 4 subdivision (re-subdivision), merger or reallocation of unit entitlements is affected, the various unit entitlements will be out of proportion to the unit entitlements which should apply on completion of the construction of the building on the lot. Should the scheme be terminated, the resultant title will be issued in the name of all the lot owners in undivided shares proportional to their unit entitlement. An owner whose unit entitlement is incorrect or not up to date may therefore be seriously disadvantaged.

1.2 Valuers Certificate for a Survey-Strata Plan

A licensed valuer is required to certify that unit entitlement is derived from site value within the meaning of the Valuation of Land Act 1978. This means the value of the buildings and improvements on the lots are not taken into consideration when calculating unit entitlement.

Staged Subdivision Schemes

For staged subdivision strata titles schemes, the determination by a licensed valuer as to whether the variation between the unit entitlement for each lot on the schedule of unit entitlements and the staged subdivision by-laws is significant or not (see STP-09 Scheme Plans) will be required to be included on the valuer’s certificate. See the example below for the wording.

I have determined that the unit entitlement calculation is / is not a significant variation to staged by-law(s) no(s) ____________ registered on ______________________ in compliance with regulations 49, 50 and 55(4) of the Strata Titles (General) Regulations 2019 (ST(G)R 2019).

2 Amendment to the Schedule of Unit Entitlements

An amendment of a schedule of unit entitlements may only be registered —

SAT may, on the application of a strata company or the owner or registered mortgagee of a lot in a strata titles scheme, authorise the amendment of the schedule of unit entitlements for the scheme if satisfied that, if unit entitlements were to be allocated at the time of the application, the schedule of unit entitlements would require amendment for compliance with section 37(2) STA (that is, the proportion that the unit entitlement of a lot bears to the sum of the unit entitlements of all the lots in the scheme must not be greater than 5% more or less than the proportion that the value of the lot bears to the sum of the value of all lots in the scheme ).

If SAT makes an order under this section, the applicant for the order must lodge a copy of the order certified by SAT with the Registrar of Titles for registration of the amendment of the schedule of unit entitlements.

STP-11 Scheme By-laws

Version 2 – 01/05/2020

The information provided in this guide is not intended to amount to legal advice. Professional assistance may be required to determine the most appropriate action to protect your legal rights. Please read our Terms of Use on the Strata Titles Policy and Procedure Guides web page. Landgate accepts no responsibility where parties print this guide and seek to rely on information that is out of date.

1 Sections 39-48 STA

Scheme by-laws for a strata titles scheme are either governance or conduct by-laws. The STA contains a set of standard by-laws that are taken to be registered for a strata titles scheme, unless other scheme by-laws are registered for the scheme. Schedule 1 contains governance by-laws and Schedule 2 contains conduct by-laws. These by-laws can be repealed, added to or varied to suit each individual scheme (see STR-09 Scheme By-laws).

1.1 Leasehold By-laws (sections 40 and 41 STA)

Leasehold by-laws of a leasehold scheme are governance by-laws that provide:

  • for postponement of the expiry day for the leasehold scheme; or
  • for compensation payable on the expiry of the scheme.

If a leasehold scheme does not have registered leasehold by-laws, the expiry day for the scheme cannot be postponed until leasehold by-laws are made and registered in accordance with the STA.

1.2 Staged Subdivision By-laws (section 42 STA)

Staged subdivision by-laws of a strata titles scheme are governance by-laws that apply to strata titles scheme subdivided in stages. Under section 36 STA, compliance with a stage of subdivision as set out in staged subdivision by-laws removes the need for resolutions and consents for registration of an amendment of the strata titles scheme to give effect to the subdivision.

Staged subdivision by-laws must—

  • describe in detail the stages of subdivision that are agreed and any amendments to the scheme plan and schedule of unit entitlements that will be made on completion of each stage of subdivision
  • identify the lots or common property affected by each stage of subdivision; and
  • comply with requirements set out in regulations 48-53 ST(G)R 2019.

Staged subdivision by-laws:

  • can only apply to Type 1(b) (converting lots to common property), Type 3 (consolidation of lots) and Type 4 (re-subdivision) subdivisions.
  • do not bind the Western Australian Planning Commission (WAPC) or a local government to give a planning approval for an agreed stage of subdivision.
  • do not bind the scheme developer of a stage of subdivision to undertake the subdivision.

Scheme by-law documents containing staged subdivision by-laws can be lodged for registration either with the application to register the strata titles scheme or any time afterwards and must contain the information required by regulation 53 ST(G)R 2019, namely:

  • a proposed amendment of a scheme plan for each stage of the subdivision that complies with the requirements of section 32 STA.
  • a proposed schedule of unit entitlements for each stage of the subdivision. This schedule of unit entitlements must:
    • set out the proposed unit entitlement of each lot to be created by the stage of subdivision; and
    • set out any change to the unit entitlement of a lot in the scheme that existed before the completion of the stage of subdivision; and
    • set out the sum of unit entitlements of all lots in the strata titles scheme at the completion of the stage of subdivision; and
  • details of any additional or amendment or repeal of by-laws that are proposed to be made and registered on the completion of each stage of subdivision.
  • include plans and specifications, whether by architectural drawings or otherwise, of any building or other improvements shown on the proposed floor plan or the proposed location plan but not shown on the floor plan or the location plan of the registered strata plan.

The plans referred to in the last dot point above must include drawings, of a scale that provides clarity and legibility, showing:

  • a plan of every level of the building to be constructed or, if every level is the same, a plan of one level with a note that every other level is the same; and
  • at least 2 elevations of external fronts; and
  • one or more sections, cross-sectional or longitudinal; and
  • the heights of each level of the building to be constructed; and
  • levels of ground; and
  • approximate relative levels of the lot on which the building or other improvement is to be constructed with respect to any adjoining street, way or lot.

The specifications referred to above must include a description of the materials to be used in the construction of the walls, floors and roofs.

The staged subdivision by-laws must also contain a warning statement to the following effect:

  • staged subdivision by-laws do not bind the Planning Commission or a local government to give a planning approval for an agreed stage of subdivision;
  • staged subdivision by-laws do not bind the scheme developer of a stage of subdivision to undertake the subdivision.

This information must be submitted in accordance with the requirements as set out in DOC-01 Document Preparation.

1.3 Exclusive Use By-laws (section 43 STA)

Exclusive use by-laws are governance by-laws that confer exclusive use and enjoyment of, or special privileges over, the common property in the strata titles scheme or specified common property in the strata titles scheme (the special common property) on the occupiers, for the time being, of a specified lot or lots in the strata titles scheme (the special lots).

Exclusive use by-laws may include the following —

  • terms and conditions on which the occupiers of special lots may use the special common property;
  • particulars relating to access to the special common property and the provision and keeping of any key necessary;
  • particulars of the hours during which the special common property may be used;
  • provisions relating to the condition, maintenance, repair, renewal or replacement of the special common property;
  • provisions relating to insurance of the special common property to be maintained by the owners of special lots;
  • matters relating to the determination of amounts payable to the strata company by the owners of special lots and the imposition and collection of the amounts.

Subject to the terms of exclusive use by-laws, the obligations in relation to the special common property fall on the owners of the special lots. An amount payable by a person to a strata company under exclusive use by-laws must be paid (together with interest on any outstanding amount) and may be recovered by the strata company, as if the amount payable were an unpaid contribution levied on the person as a member of the strata company.

Exclusive use by-laws can only be made, amended or repealed if the owner of each lot that is or is proposed to be a special lot has given written consent to the by-laws.

Exclusive Use By-laws Sketches

Boundary definitions of exclusive use or special privilege areas can be defined in a sketch by a combination of brick walls or other permanent monuments and dimensions. There must be sufficient information on the sketch to identify the relevant areas. In cases where the relevant areas are car-bays or similar areas independent of a building, dimensions tying these areas to a building or the parcel boundary must be shown.

Although there is no requirement for a licensed surveyor to prepare these types of sketches, it may be in the best interests of all concerned to use professionals for sketch preparation and measuring to avoid later disputes.

Surveyors preparing exclusive use sketches should treat them in much the same manner as preparing a floor plan sheet. The paper size should be A4 as it is part of the scheme by-law document, which will become a registered document. There must be sufficient dimensioning or notation to clearly identify the exclusive use areas. A north point, scale, scale bar and heading containing strata scheme details are to be shown. The sketch should also tie in by dimension or notation the exclusive use portions to a building or the parcel boundary. Stippling, hachuring or identification by notation may be used. Colours must not be used.

When sketches are prepared by someone other than a surveyor, the above criteria applies and must be adhered to.

The annexure containing the sketch must state clearly in bold lettering the lots obtaining the rights and the portions of common property over which those rights apply.

2 Registration of By-laws and Amendments to By-laws

See STR-09 Scheme By-laws.

Registration and Land Titles

STP-12 Registration and Land Titles

Version 1 – 01/05/2020

The information provided in this guide is not intended to amount to legal advice. Professional assistance may be required to determine the most appropriate action to protect your legal rights. Please read our Terms of Use on the Strata Titles Policy and Procedure Guides web page. Landgate accepts no responsibility where parties print this guide and seek to rely on information that is out of date.

Registration of new schemes – see STR-02 Lodgement and Registration of New Strata/Survey-Strata Plans

Registration of amendments of schemes affecting subdivisions – see STR-04 Amendment of Strata Title Schemes - Effecting Subdivision

1 Problems that Impact on Registration

Some property developers reach the registration stage of the Strata/Survey-Strata Plan only to encounter a problem that should have been foreseen earlier. It is possible in most cases to anticipate these problems and act well in advance to avoid delays.

Some possible problems that can be overcome by simple forward planning include:

Amalgamations of traditional (TLA) title lots – land on a strata or a survey-strata plan must be amalgamated into one parcel of land before registration of the plan.

This means a deposited plan of amalgamation is required if there is more than one lot or location forming the land in the scheme. This is required, as, in the event of termination of the scheme, a title must be issued for a defined land parcel.

Mortgages – where a mortgage is only over a portion of the land in a strata titles scheme as a result of an amalgamation of traditional title lots, it is common practice for the mortgage to be extended to cover the whole of the land in the Strata Plan.

However, if a mortgagee does not wish to discharge the existing mortgage and register a new mortgage over the whole parcel it is possible for “portion only” of the land to be security for the mortgage.

In these cases, the mortgagee must acknowledge in writing the loss of power of sale over those parts of the land excluded from the mortgage.

Encroachments (section 32 of the STA) can cause some difficulties unless action is taken early in the project. Where an encroachment is onto a public road or right of way, consent of the Minister for Lands, the relevant Local Government or Commissioner of Main Roads consent is required. For any other Crown Land, consent of the Minister for Lands and any management body (for managed reserves) or Crown Lease holder consent is required.

By taking action to obtain this consent early in the project, delays in obtaining approval can be avoided. For encroachments onto adjoining private land parcels, an easement must be granted by the owner of the other property before the scheme is registered.

In most instances this requires negotiation with the owner and preparation of an easement document. This should be acted on immediately the situation is known so that a grant of easement can be obtained in time.

Restrictive covenants – a search of the title, the subject of the proposed scheme plan, will indicate the existence of any such covenants. Encumbrances should be searched and checked for any impediment that may result in modification of the covenant. The common types of covenants that cause problems are:

  • Limits on the number of dwellings on the parcel.
  • Setting a minimum floor area for each unit.

and

Existing easements – if a building shown on the Strata Plan is constructed over an area subject to an easement, it is likely that a surrender or partial surrender of the easement will be necessary. If this is discovered during construction, action may need to be taken to organise the surrender, variation, extinguishment or partial extinguishment of that easement in anticipation of registration. This situation is common with Water Corporation easements in gross created under the Planning and Development Act 2005.

2  Correction of Errors on Registered Plans (section 218 of the STA)

Occasionally errors are discovered on registered scheme plans. Because the scheme plan on registration becomes part of the Register and titles have been issued, the plan cannot be easily amended. However, a Commissioner of Titles order called a “Direction to Amend” may correct it. All evidence relating to the error is submitted to the Commissioner of Titles for consideration. This information may take the form of statutory declarations and letters from affected parties. If in the opinion of the Commissioner of Titles the error is one that is apparent on the plan, and the evidence supplied supports the correction the Commissioner of Titles may direct the Registrar of Titles to amend the plan and titles. Each case is considered on its merits.

Where the error is not obvious on the plan it may prove quicker and more appropriate to amend the scheme plan, usually be a type 4 subdivision (re-subdivision). In either case the surveyor should contact the Plan Examination Team or Landgate’s Customer Service to seek advice as to the most appropriate action to take and the likely timeframes involved.

3 Statutory Easements

Sections 61 to 66 of the STA

After a scheme plan, amendment of a scheme plan, merger sketch plan or conversion to survey-strata plan is registered, an owner or the strata company will have the right to enter onto another lot or common property to exercise the rights of a statutory easement. All lots and common property are benefited and burdened by easements for support, shelter and projections. Section 165 provides the strata company and lot owners with rights of entry to exercise rights under the statutory easements.

A utility service easement will exist for each lot and the common property and will entitle the strata company and lot owners to install, remove, examine, maintain, repair, modify and replace utility conduits.

A common property (utility and sustainability infrastructure) easement will entitle the person who has an infrastructure contract with the strata company to install, remove, operate, examine, maintain, repair, modify, replace infrastructure.

A strata company may enter into an infrastructure contract with a person who owns and operates utility infrastructure or sustainability infrastructure on common property.

The contract must specify the common property affected by the easement.

Schedule 2 clause 12A of the STA covers the rights of a lot proprietor to enter another lot to inspect repair or replace a “permitted boundary deviation” as specified by schedule 1 clause 3 of the ST(G)R 2019. A lot proprietor in a single tier strata scheme (as defined by Schedule 2A clause 3 of the STA) may enter a neighbour’s property with vehicles and equipment to maintain, repair or replace that deviation. It is recommended that owners exercising this right give due notice in writing of the intended entry to their neighbour and on completion return the property to its original state.

4 Protection of Buyers (Part 10 of STA)

The seller of a lot or proposed lot in a strata or survey-strata scheme must provide certain information to the buyers of the property before the buyer signs the contract for sale of the lot.  The information to be provided includes the scheme documents (that is the scheme plan, scheme notice, schedule of unit entitlements, scheme by-laws and, if the scheme is leasehold, the strata lease for the lot). The information includes information specific to the scheme and the lot and general information about the strata titles scheme.

Certain changes to this information (notifiable variations) that happen between the date of the contract and settlement must also be disclosed to the buyer before settlement. Where this information, or changes to it, are not disclosed to the buyer, it is possible for the buyer to avoid the sale prior to settlement. It is therefore vital that changes to any of the information between the contract and settlement of any sale are kept current.

Full details on the information to be given before the contract and any notifiable variation on this information can be found in Landgate’s publication “A Guide to Strata Titles.

This guide recommends a licensed surveyor is contacted for assistance in interpreting the scheme plan.

Schedule 2A

STP-13 Merger of Common Property and Lots in Certain Strata Schemes

Version 2 – 01/05/2020

The information provided in this guide is not intended to amount to legal advice. Professional assistance may be required to determine the most appropriate action to protect your legal rights. Please read our Terms of Use on the Strata Titles Policy and Procedure Guides web page. Landgate accepts no responsibility where parties print this guide and seek to rely on information that is out of date.

Schedule 2A of the STA contains special provisions for single tier strata schemes, including:

  • Lot boundaries (clause 3AB)
  • Merger of common property (clauses 21E to Z)
  • Conversion to survey-strata (clauses 31A to K)
  • Insurance (clauses 53A to E)

A single tier strata scheme is a strata scheme:

  • in which no lot or part of a lot is above or below another lot; or
  • that would come within paragraph (a) except for any lot that has a permitted boundary definition (Schedule 2A clause 3).

Information on lot boundaries under Schedule 2A clause 3AB can be found in STP-03. This guide focuses on information specific to single tier strata schemes registered before 1 January 1998 (relevant scheme) concerning merger of common property into strata lots and conversion of strata schemes to survey-strata schemes.

1 Merger of Common Property Lots

This guide explains in detail how to merge buildings that are or are on common property into lots on the strata plans for a relevant scheme. This process allows changes to lot boundaries to conform to owners’ perception of their property ownership in many single tier strata schemes registered before 1 January 1998. For schemes registered after this date only the normal process of type 4 subdivision (re-subdivision) can effect such changes to lot boundaries.

2 General (Schedule 2A clauses 21A-Z of the STA)

Mergers can be used in a variety of ways that allow a strata company for a relevant scheme to change the strata plan to reflect the current perceived ownership of buildings and land that is common property. This permits buildings or parts of buildings that are common property to be included as part of a lot.

It also enables the plan to be upgraded to reflect new buildings or building additions not previously shown on the Strata Plan. Finally, it can be used to include in a lot land that is common property (see Plan Example 27).

These changes can be achieved without local government or WAPC approval. In most cases to enable this to happen, a surveyor must certify as to certain matters such as compliance with any relevant Town Planning Scheme and that a building licence has been issued for building additions. A licensed valuer is also required to determine the appropriate unit entitlement of the scheme. Where an amendment to the unit entitlement is required, the licensed valuer is to certify this on a Schedule of Unit Entitlements.

Short form easements for vehicle access, parking or turning can be created when mergers are effected (see Plan Example 28). However, it is not possible to create other types of easements. The implied easements for support, services and shelter (sections 61-66) of the STA remain in place and Schedule 2A clause 12A of the STA provides further rights for owners whose boundaries are changed under Schedule 2A clause 3AB of the STA.

There is no time limit as to the use of the merger option. It may be utilised at any time in the future but may only be used once in the lifetime of the scheme. It must be noted that once a merger has been effected, the strata company may still exercise the right to convert the strata plan to a survey-strata plan.

3 Drafting Guidelines

Most drafting guidelines for mergers are common to all plans under the STA. These drafting matters specific to strata plans are recorded in STP-09. The guidelines in this chapter should be used generally and are not to be taken as fixed standards. As each scheme is unique, each plan is also unique. Guidelines are intended to allow flexibility to allow boundaries to be clearly depicted.

4 Drafting Standards

Mergers are available only from the Survey Channel on My Landgate. All merger plans (referred to as “sketch plans” – see Schedule 2A clause 21T of the STA) must contain a location plan depicting the position of the buildings and part lots external to the buildings, and a floor plan (see Plan Example 27).

If in a 2 to 5 lot scheme, it is intended to show a building that has been constructed on a “vacant lot”, a merger “sketch plan” showing all buildings and all part lots comprising the parcel may be used.

In larger schemes it is permissible to show only the affected portions of the scheme on a location and floor plan where it is not practical to show the complete scheme. Surveyors should however ensure that all necessary amendments to the strata scheme are carried out on the merger plan as that option is available only once and further amendments can only be achieved by a Strata Plan of Type 4 subdivision (re-subdivision).

To achieve a merger, the lot owners must have a meeting recording their agreement to the boundary changes. If this agreement is reached a surveyor and valuer must be employed to prepare the plan and schedule of unit entitlements. On completion of these tasks, lot owners pass a resolution without dissent (or unanimous resolution in a two lot scheme) agreeing to the new plan and schedule of unit entitlements and execute the Notice of Resolution of Merger and Disposition Statement on Merger of Land or Conversion to a Survey-Strata Scheme.

5 Surveyor’s Certificate

By signing the regulation 54 certificate of the Licensed Surveyors (General Surveying Practice) Regulations 1961 on the sketch plan, surveyors will need to be mindful that they are certifying to the following:

5.1 Buildings

If any building variation or the addition of a new building to the existing plan is depicted on a merger “sketch plan”, that the addition has been the subject of a building permit under the Building Act 2011 or a building licence under section 374 of the Local Government (Miscellaneous Provisions) Act 1960 (see Schedule 2A clause 21U).

The surveyor must also check that the strata company or all of the proprietors of the lots have approved extensions; alterations or new buildings on the “sketch plan” (see Schedule 2A clause 21U STA). The position of the buildings and offsets on the original location and floor plan sheets is the responsibility of the previous surveyor. Depending on the circumstances, additional survey work may be necessary to establish the parcel boundary in relation to the buildings. The result may be that easements for support may be necessary.

5.2 Planning Schemes

A surveyor has specific responsibilities to ensure the newly created lots comply with certain requirements of any relevant local planning scheme or improvement scheme in accordance with the Planning and Development Act 2005 (Schedule 2A clause 21U(3) and Schedule 1 clause 8 ST(G)R). Briefly those requirements are:

  • number of car parking bays and rights of vehicular turning and access per lot
  • private open space for each dwelling
  • pedestrian access to streets and common property
  • rights for access to storage areas, meters, etc.

and

  • rights for services access.

When making the certification, the surveyor should take into account:

  • provisions of the relevant scheme at time of signing the certificate
  • development approval (if any)
  • effect on statutory easements

and

  • effect on new short form easements or restrictive covenants.

As some schemes may not fit the criteria, surveyors may have to research these requirements before proceeding with the merger.

6 Errors Found on Previously Registered Plans

If in the course of a merger an error of a minor nature is discovered on the previously registered strata plan, the surveyor should contact Landgate to clarify what action is required to correct the error on the “new sketch plan”. Errors considered of a significant nature however may result in the necessity to terminate the scheme or carry out a Type 4 subdivision (re-subdivision) on the scheme or seek action for a “Direction to Amend by an Application to the Commissioner of Titles”. Errors of this nature may cause substantial processing delays and may impact upon other dealings on the strata lots.

7 Stratum Wording on Mergers

All strata plans must bear a statement as to the boundaries of lots that are comprised in a building. The wording for these definitions is addressed in STP-01 (see Plan Example 27).

8 Easements

The merger option enables a short form easement for vehicle access Easement (ST(G)R Regulation 31) to be created on the sketch plan under schedule 2A clause 21W of the STA. This easement is for parking, turning and access (see Plan Example 28). Other forms of easements on mergers are created by deed or transfer.

The area covered by the easement must be depicted on the floor plan sheet with broken lines and sufficient information to establish the easement boundaries.

It is also possible to vary the terms of a short form easement by lodging a memorial or instrument (see ST(G)R regulations 22 and 29) that specifies other matters relating to the easement. If this is the case then the sketch and Interests & Notifications schedule will remain basically the same but the instrument or memorial number must be recorded in the “origin” column of the schedule (see table below).

Subject

Purpose

Statutory Reference

Origin

Land Burdened/ Servient Lots

Benefit To/ Dominant Lots

Comments

 

Vehicle Access Easement

Schedule 2A clause 21W STA

Reg 31 of STGR

This Plan and Doc

LOT 2

LOT 1

 

Table 1 - Example of Schedule

No other easement type, whether STA, TLA, P&D Act or LAA, may be created automatically on mergers.

9 Existing Easements

Easements created previously on any part of the common property merged with a lot will continue after the merger. These easements must be brought forward onto the sketch plan. Easements already created by deed or transfer will encumber the titles to lots affected by them. The strata plan encumbrance schedule will still record the easement as an encumbrance against common property that is not merged.

Any airspace above a specified upper limit and any land below a specified lower level will remain as common property. In most cases an easement may continue to bind the strata company in so far as it applies above or below those levels.

10 Restricted Use Condition

A common mistake made with restricted use condition in a merger is when surveyors attempt to vary the restricted use boundaries on a sketch plan without realising the need for the necessary resolutions, consents and documentation. This type of error regularly occurs on the “building over sewer” restricted use. See STP-09 for coverage of “Restricted Use Condition”.

11 Encroachment on Mergers

If, in the surveying of a sketch plan, an encroachment of a building or attachment onto either a public road or right of way or onto an adjoining parcel is detected, the normal procedures that apply to a new strata plan apply in respect of the surveyor’s certification and the sketch plan. This means that if there is an encroachment onto a public road or right of way the surveyor should check if approval has been granted by the local government. If the encroachment is onto an abutting parcel, an appropriate easement must be granted prior to the surveyor’s certification (see STP-09). On the location plan of the sketch plan, the size and nature of the encroachment must be shown, as well as whether the strata company or a lot owner will be responsible for the control and management of the encroaching structure (section 33 STA and Regulation 12 ST(G)R).

12 Unit Entitlement on Mergers

Unit entitlement on mergers is based on capital value within the meaning of the Valuation of Land Act 1978 and determined by ST(G)R Regulation 54. If unit entitlement is to be amended as a result of the merger, a schedule of unit entitlements certified by a licensed valuer in accordance with ST(G)R regulation 55 will be required to accompany the notice of merger form - see Plan Example 27).

13 Registration (see STR-03 Common Property)

A Notice of Resolution of Merger form must be used for mergers of building and land. Either a Disposition Statement on Merger of Land or Conversion to a Survey-Strata Scheme or transfers of common property are required to dispose of the common property.

In simple terms, all of the lot proprietors are transferring their interests in the common property being merged with a particular lot to the proprietor of that lot. No stamp duty is payable unless there has been a payment for the transfer of those interests.

A certificate of consent from all registered interest holders and caveators is required in cases where the unit entitlement of a lot decreases on merger.

The Notice of Merger forms and other documents mentioned above must be correctly completed and must be lodged with the “sketch plan”. Care should be taken to ensure the dates on the forms correspond with the sequence of events that result in the registration of the “sketch plan”.

Landgate will forward a copy of the registered sketch plan to the relevant local governments, and to the Water Corporation and Sewerage Authority.

Fees apply for the lodgement of:

  • the “sketch plan”
  • Notice of Merger
  • Disposition Statement for Mergers of Land and Conversions to Survey-Strata Scheme

STP-14 Conversion of Strata Schemes to Survey-Strata Schemes

Version 1 – 01/05/2020

The information provided in this guide is not intended to amount to legal advice. Professional assistance may be required to determine the most appropriate action to protect your legal rights. Please read our Terms of Use on the Strata Titles Policy and Procedure Guides web page. Landgate accepts no responsibility where parties print this guide and seek to rely on information that is out of date.

1     General (Division 2A clauses 31A-K of the STA)

An option available for lot owners in single tier strata schemes registered before 1 January 1998 (relevant schemes) is to convert the scheme to a survey-strata scheme (see Schedule 2A clause 31C of STA) allowing the boundaries to be re-aligned to include part or all of the common property into the lots. It may have advantages in certain schemes because buildings are not shown on a survey-strata plan. A variety of easements can be used to protect existing rights. There is also no requirement for certification or approval from the WAPC or local government to effect the conversion.

Surveyors must not, under any circumstance, attempt to adjust boundaries between existing strata lots. Clauses 31A-31K deal with the allocation of common property into existing lots and the creation of certain supporting easements (see STP-09). A type 4 subdivision of a Strata Plan (re-subdivision) may need to be registered prior to the conversion to survey-strata to correct any discrepancy that may exist within the existing scheme.

The unit entitlement of lots on a survey-strata is based on site value (i.e. the buildings are not considered when assessing unit entitlement). This may be an important consideration that could have advantages or in some cases, disadvantages.

Surveyors should treat conversions as they would a normal survey-strata plan. The same plan forms, drafting and surveying standards as needed on a new survey-strata plan are required (see Plan Example 30). Surveyors may encounter strata plans registered between July 1985 and December 1988 where the floor plans were surveyed and drawn with the understanding there was to be a strip of common property between the strata lot boundaries and the parcel boundaries. Surveyors who encounter a discrepancy of 0.1m or thereabouts during the survey for the conversion could safely attribute this discrepancy to this common property strip. This strip complied with the regulations at the time and needs to be distributed proportionally to the survey-strata lots (see Plan Example 71).

There is a different surveyor’s certification for these types of conversion. Schedule 2A clause 31F specifies the surveyor’s responsibilities and obligations when survey-strata conversion plans are submitted for registration. Surveyors are required to show on the Conversion Plan a signed certificate under regulation 54 of the Licensed Surveyors (General Surveying Practice) Regulations 1961.

It is not possible under these provisions to vary or change an existing survey-strata plan to eliminate common property lots. A type 4 subdivision (re-subdivision) of a survey-strata plan is required.

This conversion option can be used only once. There is no time limit as to the use of this option.

It is also feasible to use the merger option and at a later stage convert the strata plan to a survey-strata plan but these options are only available for relevant schemes (see Plan Example 31).

Note: When an area of common property is to become part of a lot and is subject to an exclusive use by-law, upon registration of a conversion to a survey-strata scheme, the exclusive use ceases to be applicable to that area.

2 General Drafting Guidelines

For drafting requirements for conversions, this chapter should be read in conjunction with the drafting requirements for survey-strata plans as set out STP-09.

3 Headings

Some minor changes have been made to accommodate the conversion. In the box headed “PLAN OF”, for example, a description of the actual conversion is to be used, e.g. “LOTS 1, 2, 3 AND COMMON PROPERTY ON STRATA PLAN 12345”. There are no circumstances where a conversion plan can be registered without including the words “and Common Property” in the heading “Plan of”.

4 Surveyor’s Certificate

Care should be taken by surveyors to ensure their responsibilities are fully understood when certifying conversions. In some cases, it may be prudent to seek legal advice as to the surveyor’s liability in respect of planning requirements. Surveyors must certify all conversion plans with a “Surveyors Certificate – Reg 54” certificate (see STP-03).

Clause 31F(2)(c) provides that in respect of a conversion from strata to a survey-strata scheme under the STA the surveyor is required to certify that “a reference on the survey-strata plan to a lot by a designated number is a reference to the lot designated by that number on the existing strata plan”. This means that it is not possible to include any part of a lot on a strata plan into another lot on a survey-strata plan under the conversion to survey-strata process.

The intention of conversions to survey-strata is to enable division of common property between existing strata lot owners. It was not intended to enable subdivision of existing strata lots. If an existing strata lot is intended to be split between 2 or more survey-strata lots, then the procedures for termination of a strata scheme under 173-193 of the Act and the subsequent registration of a Survey-Strata Plan under section 56 of the Act are applicable.

The surveyor has these responsibilities divided into the following categories:

  • Survey requirements.
  • Planning scheme requirements.
  • Easements.
4.1 Survey Requirements

Survey work carried out on the conversion to survey-strata schemes must be in accordance with the Licensed Surveyors (General Surveying Practice) Regulations 1961. The survey guidelines for survey-strata plans in surveys of survey-strata schemes apply. Field Books must be lodged for all survey-strata plans (including conversion to survey-strata).

4.2 Planning Schemes

The surveyor has specific responsibilities to ensure the newly created lots comply with certain requirements of any relevant local planning scheme and improvement scheme in force under the P&D Act (Schedule 2A clause 31F(2)(e) and (ST(G)R Schedule 1 clause 12).

Briefly those requirements are:

  • number of car parking bays and rights of vehicular turning and access per lot
  • rights to light and air
  • rights of support
  • private open space for each dwelling
  • pedestrian access to streets and common property
  • rights for service access

and

  • rights for access to storage areas, meters, etc.

When making the certification, consideration should be given to the following:

  • provisions of the relevant scheme
  • development approval (if any)
  • effect on statutory easements

and

  • effect on new short form easements or restrictive covenants.

Surveyors may have to research these requirements before proceeding with the conversion as some schemes may not fit the criteria. Whilst surveyors may be able to legitimately sign a Reg. 54 certificate, they need to be careful not to create a situation where a conversion to survey-strata is undertaken and the resultant lots do not comply with the R-Codes. A Local Government may refuse to issue a building license for a non-complying lot in those circumstances. It may be prudent to seek legal advice as to a surveyor’s liabilities in respect of planning requirements.

5 Unit Entitlement on Conversion to Survey-Strata

Unit entitlement on conversions to Survey-Strata Plans is based on site value within the meaning of the Valuation of Land Act 1978. The site value basis is a different concept to capital value so lot owners are required to have an unanimous resolution and certificates of consent from every person with a registered interest or caveator to the Schedule of unit entitlements. A licensed valuer must certify a new schedule of unit entitlement.

6 Easements

In some cases, easements may have to be created on the survey-strata plan to meet the criteria specified in Schedule 1 clause 12 ST(G)R. These easements are the short form easements able to be created under section 33 of the STA  (see STP-09 ). Because survey-strata plans do not show buildings, several types of easements may be used to protect various rights. Statutory easements for services (i.e. sewerage, water, electricity, gas, etc.) and support remain in place. (see Plan Example 31 and Plan Example 32).

The conversion option from a strata plan to a survey-strata plan enables the following types of short form easements to be created on the survey-strata plan:

  • Vehicle Access Easement under ST(G)R regulation 31.
  • Light and Air Easement under ST(G)R regulation 32.
  • Party Wall Easement under ST(G)R regulation 33.
  • Intrusion Easement under ST(G)R regulation 34.
  • Pedestrian Access Easement under ST(G)R regulation 35.
  • Easement in Gross under ST(G)R regulation 36
  • Easement for Utility Services under ST(G)R regulation 37

Refer also Easements in STP-09 Scheme Plans.

7 Existing Easements

On conversion of a strata plan to a survey-strata plan, easements created on the strata plan will be carried forward on to the new survey-strata plan. Surveyors must bring forward all easements of a spatial nature onto the survey-strata plan. Existing easements created by deed or transfer will encumber the titles of those that it affects as well as being recorded on the encumbrance schedule of the survey-strata plan.

8 Mineral Reservations

On the conversion to a survey-strata plan, a current search of the strata plan must be carried out to enable certain mineral reservations that run with the land parcel to be carried forward onto the survey-strata plan (see STP-09).

9 Various Other Matters – See Mergers

The topics of resolutions, restricted use conditions, encroachments and registration that apply to mergers also apply to conversions. For registration of conversions a Notice of Conversion to Survey-Strata applies.

Note: Where the Floor Plan on the original strata plan is endorsed with a section 6 STA use restriction, the conversion of the strata plan does not automatically remove this use restriction. If it is be removed an Application to Amend Scheme Plan – Restricted Use Condition should be lodged by the strata company before registration of the conversion.

Lot Owners and Occupiers

STP-15 Structural Alteration of Lots

Version 2 – 01/05/2020

This guide is intended as general information only. If you are uncertain of your rights or interests, please seek professional legal advice. Landgate staff are not able to give legal advice or to draft your documents. Please read our Terms of Use above.

Structural alterations on lots are regulated under STA (sections 86-90). Regulation 75 ST(G)R 2019 sets out the information to be provided by an owner applying for the approval of the strata company or other lot owners for any structural alteration to their lot. This application must contain information such as:

  • the open space or plot ratio requirements of the local authority which apply to the strata scheme as a whole and the particular lot;
  • the percentage and area by which these will be exceeded;
  • the dimensions of the structure when it is completed;
  • the location and dimensions of the proposed structure upon its completion in relation to any existing structure on the lot or to the boundaries of the lot;
  • whether the structural alteration to the lot changes the boundaries of the lot and whether the applicant has sought advice from a licensed surveyor about the effect of the structural alteration.

The last dot point helps ensure that a lot owner carrying out any structural alteration seeks the advice of a licensed surveyor as to whether lot boundaries are amended and how best to update the scheme plan. Structural alterations that affect lot boundaries require different scheme approval processes.

Full details on the information on structural alterations of lots in strata titles schemes can be found in Landgate’s publication “A Guide to Strata Titles”.

Variation of Strata Titles Scheme by Tribunal

STP-16 Variation of Schemes

Version 1 – 04/01/2019

The information provided in this guide is not intended to amount to legal advice. Professional assistance may be required to determine the most appropriate action to protect your legal rights. Please read our Terms of Use on the Strata Titles Policy and Procedure Guides web page. Landgate accepts no responsibility where parties print this guide and seek to rely on information that is out of date.

1     Taking (formerly known as Resumption) (formerly section 18.11 of the practice manual)

Land may be taken from a strata/survey-strata scheme under the provisions of Part 9 of the Land Administration Act, 1997 (replacing similar provisions in the Public Works Act 1902, 1902). The parties affected are the strata company and the lot owners.

Where land is taken (Taking Order – see Sections 29, 29A & 29B of the STA where the terminology is “resumption”) from a strata/survey-strata scheme under part 9 of the Land Administration Act 1997 the following requirements apply:

  • A deposited plan must be lodged depicting the area of land to be taken together with any residual land in the strata scheme shown as a new lot.
  • If the land being taken is common property only, DoL will instruct surveyors that a replacement sheet (new Version with the Version/Amendment table showing the notation "REDEFINITION AFTER DISPOSAL OF COMMON PROPERTY - SEE DOC..........") depicting the situation after the land has been taken (including the change in the land description) must be prepared and submitted to Landgate by the appropriate authority (see Plan Example 61).
  • If any of the land being taken involves land in a strata lot, the “relevant authority” must comply with section 29B of the STA and submit a replacement sheet for the Strata/Survey-Strata Plan that depicts the lots and common property remaining in the scheme (see Chapter 18.13). The new sheet must show the change in the land description (i.e. the new balance lot created on the deposited plan) for the scheme. Note that the new sheet must use the existing strata lot numbers (see Plan Example 42 and Plan Example 62).
  • A new CSD file is required for any survey-strata scheme affected by a taking.

2     Variation of Survey-Strata Scheme on Taking (formerly section 18.12 of the practice manual)

Where part of the land in a survey-strata scheme is taken, the District Court, on an application of the strata company, a proprietor or mortgagee of a lot may make an Order with respect to the variation of the scheme or the substitution for the existing scheme of a new scheme. Refer to section 29A of the STA.

3 Taking of Part of a Strata Lot (formerly section 18.13 of the practice manual)

Where a “Taking Order” under section 177 of the Land Administration Act, 1997 affects lots or parts of lots on a Strata Plan the lot owner and the strata company become involved because both the cubic space within the lot and the common property (air space and subsoil) are usually affected.

Replacement sheets (new Version with the Version/Amendment table showing the notation "REDEFINITION AFTER DISPOSAL OF LOT/PORTION OF LOT - SEE DOC..........”) depicting the situation after the land has been taken must be prepared and submitted to Landgate by the appropriate authority (see Plan Example 42). This means a replacement floor plan and location plan sheet is to be submitted for registration.

Surveyors must prepare replacement floor plans in accordance with guidelines pertaining to amendments introduced in 1996 i.e. quote wording in relation to Sections 3AB and 3 (2) (a) STA. Unit entitlement may also vary so the surveyor should recommend to the client that unit entitlement might require adjusting.

Termination of Strata Title Schemes

STP-17 Termination of a Strata/Survey-Strata Scheme

Version 2 – 01/05/2020

The information provided in this guide is not intended to amount to legal advice. Professional assistance may be required to determine the most appropriate action to protect your legal rights. Please read our Terms of Use on the Strata Titles Policy and Procedure Guides web page. Landgate accepts no responsibility where parties print this guide and seek to rely on information that is out of date.

1 Terminations Sections (171 to 195 of the STA)

The termination process:

  • provides safeguards for owners
  • is transparent, reasonable and requires a vote, and
  • requires a full procedural and fairness review by the State Administrative Tribunal (SAT) to consider all owners’ views.

The majority termination process is more than just a vote, there is a complete, transparent process that must be followed. If the vote produces the required majority, but is not unanimous, the termination proposal must undergo a fairness and procedure review by SAT and cannot proceed without a SAT order.

SAT can order that a scheme be terminated under a majority vote only if it is satisfied of three key things:

  • the termination process was properly followed, and
  • every owner who objects to the termination will get at least fair market value for their lot (eg: apartment or unit), and
  • the proposal to terminate is just and equitable.

The termination process is outlined below.

1.1 Part A - The Proposal
  • Preparation of an outline termination proposal
  • Distribution of the outline proposal owners and mortgagees
  • Voting on outline proposal
  • Obtaining planning approval
  • Preparation of the full proposal
  • Referral of the proposal to an Independent Advocate
1.2 Part B - The Vote
  • Distribution of the full proposal to all parties
  • Voting on the full proposal
1.3 Part C – The fairness and procedure review
  • Application to SAT for a fairness and procedure review
  • Application to the Western Australian Planning Commission to endorse the plan of survey
  • Apply to the Registrar to register the termination

See the Guide to the Termination of Schemes (coming soon) for full details of this process.

1.3.1 Application to the Western Australian Planning Commission to endorse the plan of survey

The deposited plan lodged at Landgate will need to be sent to WAPC for their approval before the termination can be registered.

This deposited plan will be lodged, examined and sent to the WAPC as per any deposited plan requiring WAPC approval. The only unique feature on this plan being that the former tenure table will show strata/survey-strata lots, plans and titles as the former tenure of the lot created on this deposited plan (see example table below).

LOTFORMER TENUREON PLAN/DIAGRAMTITLE
666LOTS 1-20 & COMMON PROPERTYSTRATA PLAN 600002600-1 TO 2600-20

Once deemed ‘In Order for Dealings’, Landgate will endorse ‘Subject to termination of strata plan 60000’ (in this case), in the “In Order for Dealings” panel on the plan.

1.3.2 Apply to the Registrar to register the termination

The proponent will lodge an Application for Termination with, if applicable:

  • a statement (in the approved form) of how each item registered or recorded for the scheme in the Register is to be dealt with; and
  • disposition statements, instruments or documents necessary for that purpose.

See STR-07 Scheme By-laws for all registration requirements for terminations.

Upon registration, a title for the lot on the deposited plan will be created in the name of all the owners of the scheme as tenants in common in shares proportional to their unit entitlements. Short form easements and restricted covenants created under the STA will automatically be discharged upon termination.

- Under section 188 of the STA, all the notices received by Registrar of Titles throughout the termination process are recorded as a notification on the scheme plan and the strata title for each lot in the scheme. This is to ensure that people who search can see if the scheme is considering a termination proposal. A notice of withdrawal of a termination proposal (section 186 of the STA) or a notice that a termination proposal cannot proceed further (section 187 of STA) will be regarded as a withdrawal of all earlier notifications recorded in the Register about the termination proposal.

2 Unanimous Owner-Initiated Termination Proposals (regulations 153-159 of the ST(G)R)

A unanimous owner-initiated termination proposal is when:

  • the proponent is one or more of the owners of lots within the scheme; and
  • the termination proposal is submitted by the proponent on condition that it will be proceeded with only if it has the unanimous support of the owners of lots in the scheme.

This process is outlined below:

  • Permission to submit termination proposal as unanimous owner-initiated termination proposal (regulation 154)
  • Outline of proposal (regulation 155)
  • Qualifications of independent advocate (regulation 156)
  • Full proposal (regulation 157)
  • Person who can provide report of required works (regulation 158)
  • Arrangements for independent advice or representation for owners (regulation 159)

See the Guide to the Termination of Schemes for full details of this process.

2.1 Registration

A termination proposal that has unanimous support of owners of lots in a strata titles scheme does not require the confirmation of SAT. If the termination resolution is passed, an application can be made to the Registrar of Titles for the termination of the scheme under section 193,

The proponent will lodge an Application for Termination of Scheme by Single Owner or Unanimous Agreement with, if applicable:

  • a statement (Statement to Deal with Land) of how each item registered or recorded for the scheme in the Register is to be dealt with; and
  • disposition statements, instruments or documents necessary for that purpose, and
  • a deposited plan.

See STR-07 Scheme By-laws for all registration requirements for terminations.

3 Termination by a Single Owner (section 191 of the STA)

If all the lots in a strata titles scheme are owned by the same person, that person can make an Application for Termination of Scheme by Single Owner or Unanimous Agreement at Landgate without the requirement to go through the whole termination process outlined in this Guide (except for obtaining an approval of a plan of subdivision from WAPC). This application will need to be accompanied by:

  • a statement (in the approved form) of how each item registered or recorded for the scheme in the Register is to be dealt with; and
  • disposition statements, instruments or documents necessary for that purpose
  • a deposited plan.

See STR-07 Scheme By-laws for all registration requirements for terminations.

Upon registration, a title for the lot on the deposited plan will be created in the name of the single owner of the scheme.

4 Termination on Compulsory Acquisition (section 196 of the STA)

The Minister for Lands may in a taking order declare that a strata titles scheme for that parcel is terminated on the registration of that order. The Registrar of Titles must register the land in the parcel in the name of the Crown or other authority in which it has vested under the taking order.

Tribunal Proceedings

STP-18 Adverse Possession and Strata Titles

Version 2 – 01/05/2020

The information provided in this guide is not intended to amount to legal advice. Professional assistance may be required to determine the most appropriate action to protect your legal rights. Please read our Terms of Use on the Strata Titles Policy and Procedure Guides web page. Landgate accepts no responsibility where parties print this guide and seek to rely on information that is out of date.

1 Adverse Possession and Strata Titles

Land under the Transfer of Land Act 1893 (TLA) may be made the subject of an Application for Title by Possession (also known as an Adverse Possession claim) see section 222 of the TLA. Generally speaking the Applicant must be able to show adverse possession of the claimed land for a period of 30 years (refer to Land Titles Registration Policy and Procedure Guide: TYP-04 Bringing Land under the Transfer of Land Act 1893 Section 2).

The first strata plan was registered on 2 May 1968 and some strata schemes have been in place for more than forty years. This means situations may arise more frequently where an application for title by adverse possession involves land in a strata/survey-strata scheme.

When a strata company passes an “exclusive use” by-law, it must be with the consent of the owners or a majority of the owners and in circumstances where the strata company is acting on behalf of all owners in passing the by-laws. This means the use of exclusive areas is by consent (and not adverse) and the limitation period for adverse possession does not begin to run.

All Applications for Title by Possession are at the discretion of the Commissioner of Titles.

If an application is successful, the Applicant will be entitled to become the registered proprietor of the land subject to the Application for Title by Possession.

1.1 Categories

An Application for Title by Possession involving strata titles schemes will usually fall into one of the following categories

1.1.1 Type A - Freehold/Strata

Where the Applicant's lot is freehold land and the land being claimed is the whole or part of a strata/survey-strata lot or common property (see Example 56).

1.1.2 Type B - Strata/Freehold

Where the Applicant's lot/land is the whole or part of a strata/survey-strata lot or common property and the land being claimed is freehold land.

1.1.3 Type C - Strata (scheme A)/Strata (scheme B)

Where the Applicant's land (strata/survey-strata lot or common property) is within a strata/survey-strata scheme (Scheme A) and the land being claimed (whole or part of a strata/survey-strata lot or common property) is within an abutting strata/survey-strata scheme (Scheme B).

1.1.4 Type D - Strata (same scheme)

Where the Applicant's lot and the land being claimed are within the same strata/survey-strata scheme.

1.2 Requirements for replacement plans after successful claims involving land in a strata titles scheme

If there is a successful Application for Title by Possession involving land in a strata titles scheme, then, generally speaking, the successful applicant will be required to provide the following plans (the Commissioner of Titles has some discretion in relation to these requirements)

  • Types A, B & C
    • A redefinition deposited plan showing the outcome of the new lots created i.e. a new Freehold Lot for the extended land parcel (Applicants land plus the claimed land) and a new Freehold Lot for the diminished land parcel (balance of the lot minus the claimed land).
    • A new location plan (for strata plans) or sketch plan (for survey-strata plans).
    • A new floor plan (for strata plans) or Sketch plan (for survey-strata). If common property only has been affected a new floor plan may not be required.
  • Type D
    • A new location plan (for strata plans) or Sketch plan (for survey-strata).
    • A new floor plan (for Strata plans) where the strata lot has been affected. If common property only has been affected a new floor plan may not be required.

In addition, the Commissioner of Titles may require a new schedule of unit entitlements for Types A, B, C & D.

Lodgement fees apply for the redefinition DP and replacement strata plans.

Appendices

STP-19 Appendices

Version 1 - 04/01/2019

The information provided in this guide is not intended to amount to legal advice. Professional assistance may be required to determine the most appropriate action to protect your legal rights. Please read our Terms of Use on the Strata Titles Policy and Procedure Guides web page. Landgate accepts no responsibility where parties print this guide and seek to rely on information that is out of date.

Appendix C: Table of Plan Examples (formerly section 22.3 of the practice manual)

These examples are derived from original Plans or appropriate parts of Plans that have been lodged at Landgate. They are only intended to be indicative of the particular circumstance/s stated in the description and may not necessarily reflect what is shown on the original Plan. The Plan forms and their presentation may not reflect Landgate’s current requirements.

 

Plan

Type

Description

1

 

Strata Plan

Section 3AB, 136C TLA Easements, First Floor Balconies, BA16 Building Approval Certificate, Location Plan Option 3 STP-02 sections 4 and 4.4, STP-09 sections 2.4 and 5.6

2

47494

Strata Plan

Vacant Lot, section 3AB,CREATING, section 165 P & D Act Notification, Location Plan Option 1.

STP-02 sections 4.7  and 4.4, STP-09 section 1.14 and 2.2

3

49202

Survey-Strata Plan

CP Lot Above, 167 P & D Act, Easement, Reg 14E Vehicle Access Easement with Apportionment of Upkeep

STP-02 sections 5 and 5.1, STP-09 sections 4.4, 1.14 and 3.3

4

42648

Survey-Strata Plan

CP Lot Above Showing Portions of Variable Limits

STP-02 sections 5, 5.1 and 5.4

5

48384

Strata Plan

Valuers Certificate on Plan Form, Spatial Mineral Reservation, Offsets within 2 metres of Parcel Boundaries, First Floor Balcony and Void, Location Plan Option 2

STP-06 section 8, STP-09 sections 1.14, 1.17 AND 2.2

6

46485

Strata Plan

Multi Tier, Encroaching Awnings, Right of Carriageway Limited in Height Under Building, Form 26 on Plan Form, Depth Limit, Location Plan Option 4

STP-07 Section 3, STP-02 section 4.4, STP-09 sections 1.16, 2.2 and 5.7

7

50325

Survey-Strata PLAN

Showing section 152 P & D ActVesting, Reg.14H Intrusion Easement.

STP-09 sections 4.4.2 and 1.8

8

46602

Survey-Strata Plan

Deferment of Water Corporation Infrastructure (Headworks) Contributions, Pegs Offset to Lot Boundaries.

STP-07 section 9, STP-09 section 3.3

9

No Longer Required

10

48338

Survey-Strata Plan

Common Property Lot, section 167A TLA Implied Easement, Intrusion Easement, Spatial Restrictive Covenant, Position of Buildings and encroachments

STP-09 sections 4, 4.4.1, 3.5, 3.6.1, 1.11, 1.14, 3.3 and 3.5.1, STP-02 section 5.4

11

46481

Strata Plan

Notation of Easement Benefit (Encroachment), Form 26 on Plan Form, Airspace above Building as Common Property’ Location Plan Option 1

STP-09 sections 5.8, 2.7, 2.2, 5.7 and 3.5.1, STP-02 section 2

12

45695

Survey-Strata Plan

Section 136C TLA Party Walls, section 167 P & D Act

STP-05 section 3, STP-09 sections 4, 1.1.21, 1.1 and 1.14

13

45506

Survey-Strata Plan

Creating Reg 14G Party Wall easements, Spatial Mineral Reservation, Spatial Depth Limit. STP-09 sections 4.6, 1.16 and 1.17

14

47616

Survey -Strata Plan

Section 129BA of TLA Spatial Restriction, Placement of Buildings, Creation of Road Widening

STP-09 sections 4.6, 3.5, 1.11 and 1.13

15

26771

Re-Subdivision of Strata Plan

Spatial Restrictive Use section 6 (1) STA, Location Plan Option 2. STP-09 section 1.22

16

45682

Strata Plan

Stratum Wording Including Cubic Space Above and Below Buildings, Location Plan Option 1 STP-02 section 4.4, STP-09 Section 2.2

17

48777

Strata Plan

Stratum Wording Including Cubic Space Above and Below Buildings, Location Plan Option 1 STP-02 section 4.4, STP-09 section 2.2

18

48325

Strata Plan

Multiple Location Plans (Location Plan Option 6), section 3 (2) (a) STA, Management Statement for Encroaching Balcony. Notations section 165 P & D Act & 70A TLA

STP-02 sections 4.4 and 4.9, STP-09 sections 2.7, 1.14 and 2.2

19

46493

Strata Plan

Car bays, Balconies, Courtyards, Location Plan Option 4 STP-02 section 4.9, STP-09 section 2.2

20

48476

Strata Plan

Easement for Right of Support, Location Plan Option 2 STP-09 sections 2.7 and 2.2

21

No Longer Required

22

48562

Survey-Strata Plan

Showing Notation Required when in a “Special Survey Area” (SSA) STP-02 section 5.1

23

48041

Survey-Strata Plan

Mineral Reservation CREATED IN TRANSFER over Whole Parcel, Easements in “Interests and Notifications” Schedule, building connections STP-09 sections 1.14, 1.17 and 3.5.1

24

 

Strata Plan

Showing Voids allocated to Lots for Clarity, BA12 Occupancy Permit, Location Plan Option 2 STP- 09 sections 2.2, 2.3 and 5.6

25

47130

Strata Plan

Showing Vesting Lot. section 152 P & D Act STP-09 section 1.18

26

46004

Strata Plan

Using section 3 (2) (b) to define Cubic Space above and below Buildings where section 3AB could otherwise be used, Location Plan Option 1 STP-09 section 2.2, STP-02 section 4.6

27

8937

Merger

Building and Land, Form 36 combined with Form 3 (Valuers Certificates), Location Plan Option 1

STP-09 sections 2.2, STP-13 sections 2, 4, 8 and 14

28

452

Merger

Building and Land Creating Reg 14E Vehicle Access, Parking and Turning Easements, Location Plan Option 1 STP-09 sections 2.2 and 6.11, STP-13 sections 2 and 10

29

16943

Conversion Survey-Strata

Of Strata to Survey-Strata Creating Common Property (CP) Lots above and below Lots to Protect Views and Control Future Development

STP-02 sections 5, 5.1 and 5.4

30

5817

Conversion Survey-Strata

Creating CP Lot for Common Access

STP-14 section 1

31

7302

Conversion Survey-Strata

After Merger Option had been Exercised, Creation of Reg 14G Party Walls, Reg 14H Intrusion, Creation of CP Lot. STP-13 section 2, STP-14 sections 1, 4 and 6

32

6517

Conversion Survey-Strata

Creating Reg 14E Vehicle Access Easement, Reg 14G Party Wall Easements. STP-14 section 4

33

14384

Re-Subdivision of Strata Plan

Creates a Vacant Lot, Location Plan Option 1 STP-09 sections 2.2 and 6.9

34

50979

Strata Plan

Shows Road Widening created under section 168 (3) of the P & D Act. STP-09 section 2.9

35

39191

Survey-Strata Re-Subdivision

Re-Subdivision of “Canal” Development, Management Statement, Multiple Re-Subdivisions Inundated Lot Boundaries. STP-09 section 6.11

36

39106

Consolidation

Of Lots Within a Strata Scheme

STP-09 section 6.14

37

22873

Consolidation

Of Multiple Lots on a Strata Plan with Multiple Owners creating Multiple Lots of Consolidation on a Plan. STP-09 section 6.14

38

48888

Survey-Strata Plan

Plan Showing Addition of New “Interests and Notifications” Schedule With Multiple Easements Over the Same Portion of a Lot. STP-09 sections 1.14 and 3.6

39

44120

Consolidation

Of Survey-Strata Lots, Unit Entitlement Added together to Create Value for New Lot, No Valuer Required

STP-09 section 6.17

40

43564

Re-Subdivision Of Survey-Strata Plan

Plan creating extra lots & a CP Lot and 167 P & D Act Easement.  STP-09 section 4.3, STP-12 section 16

41

 

Replacement

Redefinition after Acquisition of Additional Common Property. Then Re-Subdivision of CP and Lot to Form a New Lot. STP-09 sections 6.5 and 6.8

42

No Longer Required

 

43

No Longer Required

44

41146

Re-Subdivision of Survey-Strata Plan

Plan in a "Special Survey Area" where a FSC is required. STP-02 section 5.1, STP-09 section 6.16

45

47639

Survey-Strata Plan

Creating Reg 14H Intrusion Easement showing Elevation Sketch with relationship to Parcel Boundary, Existing section 129BA of the TLA Spatial Restriction carried forward. STP-09 sections 4.4 and 4.6

46

49343

Survey-Strata Plan

Easements: Existing Energy Operators (Powers) Act 1979 and creating 167 P&D Act easement. STP-05 section 3, STP-09 sections 4.5.1, 2.8, 3.6.1 and 1.14

47

51092

Strata Plan

Easement: 136C TLA Motor Vehicle Parking (Car Stacker). Extract from Management Stacker dealing with Car Stacker Location Plan Option 6. STP-09 sections 2.1, and 2.2

48

49422

Survey-Strata Plan

Survey carried out using Deferred Final Marking (Special Survey Area guidelines) DFM consent letter, Initial Survey Certificate and Final Survey Certificate. STP-09 section 3.9

49

 

Strata Plan

Spatial depiction of existing Restrictive Covenant. Existing S. 129BA TLA spatial restriction brought forward, Location Plan Option 1.  STP-09 sections 4 and 2.2

50

 

Strata Plan

Multi-Tier scheme using STGR 37AA to define boundaries under s. 3(2)(b), Location Plan Option 6 STP-02 section 4.3 and STP-09 section 2.2

51

 

Strata Plan

Showing s. 152 P&D Act - Vesting on 2 Lot Built Strata. STP-07 section 7, STP-09 section 1.18

52

 

Survey-Strata Plan

Plan Creating s. 167 P & D Action regulation 33(b) Easement, Imposing Road Access conditions nder section 150 P&D Act (regulation 30 Planning and Development Regulations 2009). STP-07 section 3, STP-09 sections 4.4 and 4.6

53

 

Strata Plan

WAPC approval delegated Local Government - Form 26. STP-06 sections 4 and 8, STP-07 section 3

54

51777

Re-subdivision of Strata Plan

Road widening created under s. 168(3) P&D Act. STP-09 section 2.9, STP-12 section 18

55

61247

Strata Plan

Single Tier scheme (Stratum including Cubic Space above & below building part lots excluding portion of building above common property) STP-02 section 4.8

56

51276

Replacement

Application for Title by Possession (Type A) STP-12 section 18

57

 

Replacement

Redefinition after Acquisition of Common Property into Built Strata (Amalgamation of Crown Land) with subsequent Merger of Common Property into strata lots. STP-09 sections 6.3 and 6.4

58

 

Replacement

Redefinition after Acquisition of Common Property into Survey-Strata (Amalgamation of Crown Land) STP-09 sections 8.3 and 8.4

59

 

Replacement

Redefinition after Transfer of portion of Common Property from Built Strata with subsequent Re-subdivision of Lots & Common Property. STP-09 section 6.7

60

 

Replacement

Redefinition after Transfer of Common Property Lot from Survey-Strata. STP-09 section 6.7

61

 

Replacement

Redefinition after Taking Order: Disposal of portion of Common Property from Built Strata. STP-16 section 1

62

 

Replacement

Redefinition after Taking Order: Disposal of portion of Lots from Survey-Strata (s..29B STA) STP-16 section 1

63

 

Replacement

Redefinition after Acquisition of additional Common Property into Built Strata (Transfer of adjoining land) STP-09 section 6.5

64

 

Re-subdivision of Strata Plan

Built Strata comprising of a Single Tier Building and Multi Tier Building using STGR 37AA to define boundaries under s. 3(2)(b). STP-09 section 6.4

65

 

Survey-Strata Plan

Showing CP lot with Road Name for Property Street Address purposes. STP-09 section 1.9

66

 

Strata Plan

Section 6(1) STA Use Restriction. STP-09 section 1.22

67

 

Strata Plan

Section 6A STA Use Restriction relating to Retired Persons. STP-09 section 1.23

68

 

Strata Plan

Removal of a section 6(1) STA Use Restriction Chapter. STP-12 section 11

69

 

Re-subdivision of Survey-Strata Plan

Re-subdivision showing addition of a section 6(1)STA.  STP-12 section 11

70

 

Re-subdivision of Survey-Strata Plan

Showing Former Tenure schedule. STP-09 section 1.3

71

 

Re-subdivision of Survey-Strata Plan

Showing strip of common property between the strata boundary and the parcel boundary. STP-14 section 9

This page was last updated on: 12 May 2020