STP-20 Glossary of Terms

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 Landgate accepts no responsibility where parties print this guide and seek to rely on information that is out of date.

Automatic Merger

The merger of common property, which forms part of a building into part of a strata lot (in certain existing single tier strata schemes after 20 January 1997).

AHD

The Australian Height Datum.

Battle-Axe Subdivision

A subdivision where there is a lot behind another lot, the rear lot having street access via a narrow strip of land that runs down the side of the front lot. The shape of the rear lot is something like an axe, hence the term “battle-axe”.

Building Act

Building Act 2011 proclaimed on 02 April 2012.

By-laws

Refers to Schedule 1 and 2 by-laws set out in the STA and additional, alternative or amended by-laws that are recorded on a Strata or Survey-Strata Plan.

Case

A number allocated to a dealing to enable it to be tracked through the Landgate computer system, and, if there is more than one document, it is usually the number of the first document.

Common Property in a Strata Plan

The land (including buildings) and airspace that is not comprised in a lot and may include land leased by a strata company to increase the area of the common property.

Common Property in a Survey-Strata Plan

Where each lot is shown as a common property lot and includes the air space above and the land below any survey-strata lot that is limited in height. Service pipes, tubes and wiring are also included as part of the common property. Where common property can be defined on the ground as a lot it is designated by the letters “CP” followed by the lot number.

Conversion

The conversion of an existing strata scheme into a survey-strata scheme.

Crown Land

Land that is administered under the Land Administration Act 1997 (i.e. it is not freehold land).

CSD File

Digital spatial information lodged by the surveyor with each Survey-Strata Plan. This data allows automatic mathematical checks of the survey information on the plan. CSD is an acronym for Cadastral Survey Data.

CTAC

Community Titles Advisory Committee- a representative group appointed to review and improve the Strata Titles Act 1985.

Dealing

A document or documents lodged at Landgate to record a transaction affecting land. Dealings can be a single application or a complex series of documents. Each document is given a number and the time and date of lodgement is recorded on each document so as to determine its priority in the Register Book.

Dedicated Road

A road or street dedicated to public use. This land is Crown Land under the control and management of the local government.

Development Approval (DA)

Sometimes known as Planning Consent is the consent given by local government to the developer of a property. It indicates that the proposal conforms to planning and building requirements of the local government. It should not be confused with conditional Planning Approval given by WAPC.

Disclosure

Information that a vendor must give to a purchaser of a strata titled property.

Disposition

A method of rearranging ownership between existing registered proprietors and replaces transfers normally required to implement such changes.

DoL

Department of Lands.

Duplicate Title

The certificate of title issued by Landgate to the registered proprietor of a lot. If it is subject to a mortgage, the mortgagee usually holds the duplicate title until the mortgage debt is paid. It is often referred to as a “Dup C/T”. Recent amendments to the TLA now allow the issue of duplicate titles to be optional (i.e. a proprietor may request that no duplicate title be issued).

Easement

An encumbrance over land that attaches certain rights in favour of another parcel of land, lot within a strata scheme or government agency subject to certain conditions. Easements run with the land and are not confined to a certain proprietor. They can be created by deed, resumption, or under statutory provisions on a deposited plan or Strata/Survey-Strata Plan or can be implied. They can also be created to the benefit of government instrumentalities (called an easement in gross) or between lots (sometimes called a reciprocal easement).

Examined

The notation in the heading panel on a Strata/Survey-Strata Plan, if followed by a date and indicating that the plan has been examined and that dealings in respect of lots on the plan can proceed but may be subject to certain conditions. See also “Certified Correct”.

Examined and Sent to WAPC

The status of a plan where the Release Letter has been received and the plan is at WAPC for endorsement of approval prior to being placed In Order for Dealings.

General Survey Regulations

The Licensed Surveyors (General Surveying Practices) Regulations 1961.

Green Title

A title to freehold land that is not strata titled. It is the closest tenure to complete ownership in Western Australia. The term evolved from the historical practice of colouring the sketch on the certificate of title green. The preferred terminology is now “Freehold Title”.

Implied Easements

Various types of easements that the STA automatically puts in place to protect the proprietors’ interests in buildings and services.

In Order for Dealings (IOFD)

The Deposited Plan or Strata/Survey-Strata Plan has been audited by Landgate Officers and where necessary has been approved by the WAPC and all requirements satisfied. Dealings may be lodged.

Instrument

A document such as a transfer, lease, mortgage or easement.

Location Plan

The part of a Strata Plan that shows the parcel of land, buildings located on the parcel and parts of lots that are external to the building.

Landgate

The Western Australian Land Information Authority- trading as Landgate.

Management Statement

A document provided for by section 5C and Schedule 2A of the STA that allows additional or special by-laws to be put in place on registration of the Strata/Survey-Strata Plan. These by-laws are registered with the plan. They then become effective as by-laws of the strata company.

Merger of Buildings

Building structures that are common property in single tier schemes registered before January 1 1998 can become part of a lot by registering a Notice of Resolution (see also automatic merger).

Merger of Land

Land that is currently common property in single tier strata schemes can be merged with existing strata lots. This option is only applicable to single tier Strata Plans registered before 1 January 1998.

Monument

A term used in surveying for a solid brick, or masonry wall or other permanent structure that may be used to reference lot boundaries.

Original Title

The title (for a lot) held at Landgate on which all registered transactions affecting the lot are recorded. This title is matched with the duplicate title when any dealings are lodged for registration. Both original and duplicate certificates of title will be updated to record the new transaction. The original title should always be checked at Landgate before any dealing is lodged for registration.

Parcel

The whole of the land comprised in a Strata/Survey-Strata Plan.

PAW

A pedestrian access way that on creation becomes freehold land in the name of the Crown.

P & D Act

The Planning and Development Act 2005 proclaimed on 9th April, 2006.

Planning

Department of Planning.

Referee

The former Strata Titles Referee appointed under the STA to resolve disputes. The role abolished by the establishment of ‘SAT’ the State Administrative Tribunal 30 December 2004.

Registration

A dealing being recorded by date, time and number at Landgate on the TLA Register.

Revested

Land removed from the freehold system (TLA) and revested as Crown land (Land Administration Act, 1997).

ROW

A right of way shown on a plan or diagram that is normally private land over which the owners of other lots within the subdivision have rights to pass.

SAT

The State Administrative Tribunal that replaced the Strata Titles Referee 30 December 2004 to resolve strata disputes.

Scheme

A strata scheme or a survey - strata scheme.

Single tier building

A building that does not have any lot’s or parts of any lots above or below any other lots or parts of lots unless it is a permitted boundary deviation.

Single tier strata schemes

A strata scheme where there is no part of a lot above another except in some cases for permitted boundary deviations. See section 3(1) of the STA and regulation 37A of the STGR.

SmartPlan Spatial Viewer

The digital replacement of Landgate's analogue Public Plans. It provides online tools for searching, displaying and printing spatial data together with its associated tenure information.

SmartRegister

Western Australia’s automated title registration process that supports a digital register in a text title format with an associated “sketch of the land” (usually a survey plan).

Strata Company

The body formed automatically on registration of a Strata or Survey-Strata Plan. The strata company is responsible for the control and preservation of the common property and comprises all of the proprietors of lots on the plan. In large schemes a smaller elected council usually carries out the day to day management functions. A strata company under the 1966 STA was called the “body corporate”.

Strata Council

The council elected by the lot proprietors to manage the scheme for the benefit of all proprietors. The council varies in size depending on the number of lots in the scheme. In small schemes all the registered proprietors may form the strata council.

Strata Manager or Strata Management Company

A commercial organisation employed by the strata company to advise and manage the affairs of the strata company. Alternatively, the strata company may appoint a proprietor in the scheme to act as the strata manager. The manager’s duties may or may not include the day to day running of the complex. A Strata Management Company should not be confused with the strata council or strata company. The Manager’s powers are limited to the specifications of the contract under which the Manager is engaged.

Strata/Survey-Strata

An expression used in the STA in sections which apply to both a strata scheme and a survey-strata scheme.

STA

Strata Titles Act, 1985 as amended (In some contexts it includes the Strata Titles Act, 1966).

STGR

Strata Titles General Regulations, 1996 as amended.

TLA

Transfer of Land Act, 1893 as amended.

TLA Survey Regulations

The Regulations for the Guidance of Surveyors Practising under the Transfer of Land Act, 1893 as amended.

T P & D ACT

Town Planning and Development Act, 1928– repealed by the P & D Act on 9 April 2006.

Unit Entitlement

Determines the amount of the undivided share of each proprietor in the common property, the entitlement to voting, the liability for levies (subject to any by-laws under section 42B of the STA) and other liabilities, and the share of each proprietor in the event of a termination of the scheme.

Vacant Lots

Lots on a Strata Plan that do not depict buildings being constructed on them. In some circumstances there may be buildings in existence but not shown on the Strata Plan.

Vested

Refers to land set aside on plans for public purposes such as reserves for recreation, drain reserves, ROWs and PAWs etc. They are usually created as a condition of WAPC subdivisional approval. Such land is transferred automatically to the Crown in accordance with the P & D Act (Not to be confused with Crown land).

WAPC

Western Australian Planning Commission, Department of Planning (Planning).

Water Corporation

Includes other water authorities licensed by the Office of Water Regulation.

This page was last updated on: 28 Jun 2019