STP-09 Scheme Plans

Version 1 - 02/01/2019

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 Landgate accepts no responsibility where parties print this guide and seek to rely on information that is out of date.

Contents

1              Common Guidelines (formerly section 10.1 of the practice manual)

1.1          TLA Guidelines (formerly section 10.2 of the practice manual) 

1.2          Drafting Requirements (formerly section 10.3 of the practice manual)

1.3          Plan Forms and Use (formerly section 10.4 of the practice manual)

1.4          Scale (formerly section 10.5 of the practice manual)

1.5          Orientation (formerly section 10.6 of the practice manual)

1.6          Line Styles (formerly section 10.7 of the practice manual)

1.7          Text Styles (formerly section 10.8 of the practice manual)  

1.8          Measurement Presentation (formerly section 10.9 of the practice manual)  

1.9          Road Names (formerly section 10.10 of the practice manual)

1.10        Areas (formerly section 10.11 of the practice manual)

1.11        Abuttals (formerly section 10.12 of the practice manual)

1.12        Enlargements and Displaced Data (formerly section 10.13 of the practice manual)  

1.13        Cross-Sections (formerly section 10.14 of the practice manual)

1.14        Schedule of Interests and Notifications (formerly section 10.15 of the practice manual)

1.15        CSD Files (formerly section 10.16 of the practice manual)

1.16        Depth Limits and Crown Allotment Boundaries (formerly section 10.17 of the practice manual)

1.17        Mineral Reservations (formerly section 10.18 of the practice manual)

1.18        Vesting Lots (formerly section 10.19 of the practice manual)

1.19        Automatic Road Dedications (formerly section 10.20 of the practice manual)

1.20        Surveyor’s Check List for Strata and Survey-Strata Plans (formerly section 10.21 of the practice manual)

1.21        Measuring Easements on Strata Plans and Survey-Strata Plans (formerly section 6.9 of the practice manual)  

1.22        Use Restriction (formerly section 6.16 of the practice manual)

1.23        Restriction Relating to Retired Persons (formerly section 6.17 of the practice manual)

2              Drafting of Strata Plans (other Guidelines in section 9.1) (formerly section 11.1 of the practice manual)

2.1          Components of a Strata Plan (formerly section 11.2 of the practice manual)

2.2          The Location Plan (formerly section 11.3 of the practice manual)

2.3          Floor Plan (formerly section 11.4 of the practice manual)

2.4          Surveyors Certificate (formerly section 11.5 of the practice manual)  

2.5          Measurement Contents (formerly section 11.8 of the practice manual)

2.6          Large Plans (Rural or Staged) (formerly section 11.10 of the practice manual)

2.7          Encroachment of Strata Plans (formerly section 8.7 of the practice manual)

2.8          Depicting Easement Dimensions on Strata Plans (formerly section 8.8 of the practice manual)

2.9          Creation of Roads and Road Widenings on Strata Plans (formerly section 8.9 of the practice manual)

2.10        Car Stackers (formerly section 8.10 of the practice manual)

3              Drafting of Survey-Strata Plans (Other Guidelines in section 9.1) (formerly section 12.1 of the practice manual)

3.1          Surveyor’s Certificate (formerly section 12.2 of the practice manual)  

3.2          Certificate of Verifying Surveyor (formerly section 12.3 of the practice manual)

3.3          Pegs (formerly section 12.4 of the practice manual)

3.4          Other Information (formerly section 12.5 of the practice manual)  

3.5          Encroachments and Building Connections (formerly section 9.5 of the practice manual)

3.6          Easements (formerly section 12.7 of the practice manual)

3.7          Field Notes for Survey-Strata Schemes (formerly section 9.7 of the practice manual)

3.8          Creation of Roads and Road Widenings on Survey-Strata Plans (formerly section 9.8 of the practice manual)

3.9          Deferred Final Marking/Referencing of Survey-Strata Schemes (formerly section 9.8 of the practice manual)

3.10        Western Australian Planning Commission Certificate (formerly section 12.8 of the practice manual)

4              Short Form Easements and Restrictive Covenants (formerly section 6.1 of the practice manual)

4.1          Ownership of Parcels (formerly section 6.2 of the practice manual)

4.2          Easements on Strata Plans (formerly section 6.6 of the practice manual)

4.3          Creation of Easements on Strata Plans of Re-subdivision (formerly section 7.8 of the practice manual)  

4.4          Easements on Survey-Strata Plans (formerly section 6.7 of the practice manual)

4.5          TLA Easements on Strata and Survey-Strata Lots where an Instrument is Lodged with the Plan (formerly section 6.8 of the practice manual)

4.6          Restrictive Covenants (formerly section 6.11 of the practice manual)

5              Requirements for Registration of Scheme Plan (formerly section 13.1 of the practice manual)

5.1          Lot Synchronisation (formerly section 13.1.1 of the practice manual)

5.2          Requests to Expedite the Processing of Plans and Documents (formerly section 13.1.2 of the practice manual)

5.3          Lodgement and Registration Procedures at Landgate (formerly section 13.2 of the practice manual)  

5.4          Title Registration Forms (formerly section 4.8.3 of the practice manual)  

5.5          Strata Forms (formerly section 4.8.1 of the practice manual)

5.6          Permit Authority Certificate (formerly section 11.6 of the practice manual)  

5.7          WAPC Certification Form 26 (formerly section 11.7 of the practice manual)  

5.8          Easements over Encroachments and Easements of Support (formerly section 6.5 of the practice manual)

5.9          Cancellation of a Strata/Survey-Strata Plan (formerly section 21.7 of the practice manual)

6              Requirements for Registration of Amendment of Scheme Plan 44

6.1          Acquisition of Additional Common Property (formerly section 18.1 of the practice manual) 44

6.2          Purchase and Amalgamation of Closed Roads or Crown Land (formerly section 18.2 of the practice manual) 45

6.3          Registration Procedures for Amalgamation of a Closed Public Road or other Crown Land (formerly section 18.3 of the practice manual) 45

6.4          Amalgamation of Closed Private Roads or Ways (formerly section 18.4 of the practice manual) 46

6.5          Acquiring Additional Land by Transfer (formerly section 18.5 of the practice manual) 46

6.6          Conversion of Lots to Common Property (formerly section 18.6 of the practice manual) 47

6.7          Transfer of Part of the Common Property (formerly section 18.7 of the practice manual) 47

6.8          Subdivisions Involving Strata Schemes (formerly section 18.8 of the practice manual) 49

6.9          Re-subdivision of Strata Plans (formerly section 17.1 of the practice manual) 49

6.10        Plans of Re-subdivision of Strata Plans (formerly section 17.2 of the practice manual) 50

6.11        Drafting Guideline (formerly section 17.3 of the practice manual) 50

6.12        Surveyor’s Certificate (formerly section 17.4 of the practice manual) 50

6.13        Permit Authority Certificate (formerly section 17.5 of the practice manual) 51

6.14        Consolidation of Strata Lots (formerly section 17.6 of the practice manual) 51

6.15        Merger Sketch Plans and Conversion to Survey-Strata Plans (formerly section 17.7 of the practice manual) 52

6.16        Re-subdivison of Survey-Strata Plans (formerly section 17.8 of the practice manual) 52

6.17        Consolidation of Survey-Strata Lots (formerly section 17.9 of the practice manual) 53

6.18        Creating Roads and Widenings (formerly section 17.14 of the practice manual) 53

6.19        Creating Vesting Lots (formerly section 17.15 of the practice manual) 53

6.20        Management Statements for Staged Schemes (formerly section 7.4 of the practice manual) 53

1 Common Guidelines (formerly section 10.1 of the practice manual)

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

  • Strata Plans
  • Survey-Strata Plans
  • mergers
  • conversions to Survey-Strata Plans
  • Strata Plans of re-subdivision
  • Survey-Strata Plans of re-subdivision

and

  • plans of consolidation.

For convenience, these common guidelines are recorded in this chapter. The variations and additional requirements applying to only one or a few types of plan are recorded in later chapters devoted to each type of plan.

1.1 TLA Guidelines (formerly section 10.2 of the practice manual)

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 Practice Manual.

1.2 Drafting Requirements (formerly section 10.3 of the practice manual)

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

All plans must clearly depict the vertical and horizontal boundaries of each lot by either dimension or notation. Past confusion on lot boundaries 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 STP12 Schemes and Amendments of Schemes) make it essential that lot boundaries are clearly identified. The Act now requires lot boundaries to be identified on a copy of the Strata Plan at the time of sale. All information in relation to lot boundaries should be clearly identified. Cross sections and enlargements are encouraged to illustrate complex boundaries.

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

1.3 Plan Forms and Use (formerly section 10.4 of the practice manual)

All plans lodged for registration including re-subdivisions, consolidations, mergers and conversion to survey-strata 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 entitlement and valuer’s certificate or the surveyor’s certificate may also be placed on the plan sheet.

Strata and Survey-Strata Plans are uncoloured.

All plans are to be lodged electronically in PDF form via the ePlan Lodgement application on the MyLandgate Survey Channel (see STP-06 Obtaining Approvals section 8).

It is compulsory to use a pre-allocated number for each Strata/Survey-Strata Plan.

Surveyors must obtain from Landgate pre-allocated numbers for Strata and Survey-Strata Plans and field books.

Plan numbers and/or field book numbers will be pre-allocated to survey firms or practising licensed surveyors in batches of 10, 20 or 50 by applying to the Lead Consultant, Plan Lodgement, at Landgate via e-mail at plan.reg@landgate.wa.gov.au. The subject heading of each e-mail should be ‘Pre-allocated Numbers Request’. Landgate response is a reply e-mail advising the numbers that have been pre-allocated.

Surveyors must avoid using duplicated numbers for any plans or field books that they lodge. Surveyors should avoid applying for numbers they are unlikely to use within 6 months of the number being pre-allocated.

The surveyor must record the number used for any Plan or field book in the appropriate location/s within the survey document and also on the ‘Survey Lodgement Self-Assessment’ form.

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 Strata Plan being lodged at Landgate.

Plans of re-subdivision of Strata/Survey-Strata schemes involving more than one former lot must include a ‘Former Tenure’ schedule (see Plan Example 70). The schedule assists in preparation of documentation and creation of new titles.

1.4 Scale (formerly section 10.5 of the practice manual)

An appropriate metric representative fraction should be chosen and must be sufficiently large to enable all detail to be clear and legible. The preferred scales are shown in the below table:

Appropriate representative Fractions

1:50

1:300.

1:75

1:400.

1:100

1:500.

1:125

1:600.

1:200

1:800.

1:250

 

Or multiples of 10 thereof

Because Strata Plans and Survey-Strata Plans are photo-reduced for search purposes, a graphical (bar) scale is to be depicted on the plan. This should be a basic scale bar drawn as a single line with the appropriate divisions.

Where a plan is lodged electronically; a notation should be made wherever a scale is noted showing at what scale the original drawing was prepared at eg: Scale 1:200 at A3 (see Plan Example 1) or alongside the Scale Bar (see Plan Example 19).

1.5 Orientation (formerly section 10.6 of the practice manual)

The orientation on strata and Survey-Strata Plans is to be indicated by a north point arrow and should be 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. The north point must 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.

1.6 Line Styles (formerly section 10.7 of the practice manual)

When photo-reducing, reproducing or faxing Strata and Survey-Strata Plans, the line styles recommended below will ensure readability:

  • 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.
1.7 Text Styles (formerly section 10.8 of the practice manual)

When preparing the strata or Survey-Strata 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.

1.8 Measurement Presentation (formerly section 10.9 of the practice manual)
  • Distances should be shown in metres to the nearest 0.01 metre or 0.001 metre (see section 2.5).
  • 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’).
1.9 Road Names (formerly section 10.10 of the practice manual)

Road names to be shown on Strata/Survey-Strata should primarily be obtained from the street Address information in SmartPlan (or MapViewer on Landgate). This information can further be verified against the street centreline data that is also available in MapViewer in the various MapType views in SmartPlan.

In addition, the scanned images of the hard copy Survey Index Plans (SIP’s) can also be viewed via the MapViewer, 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. The accepted abbreviation of road names is in the index of the StreetSmart road directory.

Surveyors are advised that, in the situation where a CP lot 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 CP lot number only. A note should be placed on the sketch plan, outside the graphic, indicating the approved street/road name of the CP lot (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 CP lot.

1.10 Areas (formerly section 10.11 of the practice manual)
  • 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 or common property lot 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.

1.11 Abuttals (formerly section 10.12 of the practice manual)

A Strata/Survey-Strata 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 sound knowledge is demonstrated by the surveyor 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’ using the new Plan format, 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 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 TLA plan number under that lot 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

“ROW”

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.

1.12 Enlargements and Displaced Data (formerly section 10.13 of the practice manual)

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).

1.13 Cross-Sections (formerly section 10.14 of the practice manual)

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 (see section 3(2) (a) of the STA) 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).

1.14 Schedule of Interests and Notifications (formerly section 10.15 of the practice manual)

It is now necessary to bring forward all existing easements and other interests of a spatial nature onto Strata/Survey-Strata Plans (see Survey and Plan Practice Manual).

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 scheme, are not to be shown in the schedule as these are automatically carried forward within SmartRegister. The schedule is to contain a dividing line where all 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 SmartRegister 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 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 within the subject of the plan that have an implied benefit of the easement are to be shown in the schedule under “Benefit To” (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 136C of the TLA must be described in the “schedule of interests and notifications” as “Rights of Carriage-way”. Any Part IVA easements that do not use the Ninth or Tenth Schedule must be described in the “schedule of interests and notifications” as “Easement” only.

Easements created on Survey-Strata Plans under Part 2A of the STGR (with or without an instrument) must be described in the “schedule of Interests and Notifications” as per the relevant “short form” easement type listed in regulation 14A. The “dominant lot(s)” and “servient lot(s)” are to be listed in the “Land Burdened” and “Land Benefited” columns in the “schedule of interests and notifications”, respectively. Where it is necessary to note in a Survey-Strata Plan the apportionment of liability for the costs of upkeep of an area over which an easement is created, this may be done in the “Comments” column of the “schedule of interests and notifications” (see Plan Example 3).

The Planning and Development Regulations 2009 require that section 167 P&D Act easements on plans created on or after 1 July 2009 must be depicted in such a manner as to identify the easement holder and the associated purpose shown also (see table 10.4).

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 and section 167 of the Planning and Development Act 2005, 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 of interests and notifications” (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 ‘Interests and Notifications’ schedule. Multiple ‘Short Form’ easements cannot be combined (see section 3.6 and Plan Example 38).

Easements/Restrictive Covenants created pursuant to legislation must include a reference within 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 (see section 1.1).

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”).

Table 10.3 lists the elements to be shown in the schedule.

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 (see section 1.18) 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 depicted below a dotted line in the Interests and Notifications 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 instrument. 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 Interest Only DP in favour of land outside the subject land supporting a Strata Scheme should be dealt with in the following manner in the Interests & Notifications 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 (see section 1.17) whether over part of the parent land or over the whole of the parent land must be shown above the line within the Interests and Notifications 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 depict the subject portion but unlike easements, no dimensions are to be shown (see Plan Example 5). SmartRegister Titles for Strata and Survey-Strata Lots 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 Practice Manual indicate the requirements.

Table 10.3: Interests to include in Schedule

Type

Where

Show on Schedule

Comments

Existing Burden

Inside Plan

Yes

 

Existing Burden

Outside Plan

No

Refer to original plan or document if necessary

Existing Benefit (Burden Inside)

Inside Plan

Only if Spatial Element in graphic (i.e. sketch in paper title or document, or previous plan)

 

Existing Benefit (Burden Inside)

Outside Plan

Only if Easement or Covenant in Gross of a Spatial Element

Refer to original plan or document if necessary

Existing Benefit (Burden Outside)

Inside Plan

Only if Spatial Element in graphic (i.e. sketch in paper title or document, or previous plan)

Eg. Benefit to only part of new lot. S167A Implied Easements also

Existing Benefit (Burden Outside)

Outside Plan

N/A

 

New/Modified Burden

Inside Plan

Yes

 

New/Modified Burden

Outside Plan

N/A

 

New/Modified Benefit (Burden Inside)

Inside Plan

Yes

 

New/Modified Benefit (Burden Inside)

Outside Plan

Yes

 

New/Modified Benefit (Burden Outside)

Inside Plan

Only if Instrument Lodged with Plan

Would require a plan for land being burdened as well

New/Modified Benefit (Burden Outside)

Outside Plan

N/A

 

Table 10.4: Example of Schedule- Interests and Notifications

Subject

Purpose

Statutory Reference

Origin

Land Burdened/ Servient Lots

Benefit To/ Dominant Lots

Comments

67907

EASEMENT (Drainage)

S. 27A of the TP&D Act, Reg 5

DP38000

LOT / S

Local Government

 
 67908

EASEMENT (Sewerage)

S. 167 of the P&D Act, Reg 6

DP45000

LOT / S

Water Corporation

 
67909 

EASEMENT (Above Ground Electric)

S. 27A of the TP&D Act, Reg 7

DP38000

LOT / S

Western Power Corporation

 

67910

EASEMENT (Underground Electric)

S. 167 of the P&D Act, Reg 8

DP45000

LOT / S

Electricity Networks Corporation

 

67911

EASEMENT (Gas)

S. 167 of the P&D Act, Reg 9

DP45000

LOT / S

AlintaGas Networks Pty Ltd

 
 

EASEMENT (Right of Carriageway)

S. 136C of the TLA

DP 49500

LOT 1

Lot 25 on DP 49500

 
 

EASEMENT (Vehicle Access)

Reg 14E of STGR

This Plan

LOT 2

LOT 1

Appointment of Liability of Upkeep

(Lot 1 70%, Lot 2 30%)

67912

EASEMENT

(Drainage)

S. 167 of the P&D Act, Reg 33(a)

This Plan

LOT / S

Local Government

 

67913

EASEMENT

(Sewerage)

S. 167 of the P&D Act, Reg 33(b)

This Plan

LOT / S

Water Corporation

 

67914

EASEMENT

(Electricity Supply)

S. 167 of the P&D Act, Reg 33(c)

This Plan

LOT / S

Electricity Generation Corporation

 

67915

EASEMENT

(Gas Supply)

S. 167 of the P&D Act, Reg 33(d)

This Plan

LOT / S

WA Gas Networks Pty Ltd

 

6792067916

EASEMENT

(Telecommunications Supply Services)

S. 167 of the P&D Act, Reg 33(e)

This Plan

LOT / S

(show Utility Service Authority)

 
1.15 CSD Files (formerly section 10.16 of the practice manual)

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.

Surveyors are not required to provide a CSD file for Strata Plans that create roads, widenings, vesting lots and easements of a spatial nature. These components of the plan will be captured manually by Landgate during the lodgement / audit process.

1.16 Depth Limits and Crown Allotment Boundaries (formerly section 10.17 of the practice manual)

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 Strata/Survey-Strata 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 schemes do not show depth limits.

1.17 Mineral Reservations (formerly section 10.18 of the practice manual)

The introduction of the SmartRegister digital titles system has caused changes in the ways that mineral reservations are dealt with on titles and plans. The following outlines Landgate’s requirements for the depiction of any mineral reservations affecting land on Strata/Survey-Strata Plans.

1.17.1 Reservations in Crown Grants (formerly section 10.18.2 of the practice manual)

Mineral reservations contained in the original Crown Grants need not be depicted or recorded on plans. A SmartRegister 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”.

1.17.2 Lands Affected by Section 15 of the Public Works Act 1902 (formerly section 10.18.3 of the practice manual)

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.

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”.

In the past Landgate indicated areas affected by section 15 of the Public Works Act 1902 on the “working copy” plans (i.e. mini plans and duplicate diagrams). Today Landgate’s imaging system provides copies of the working plans. These plans are no longer produced by Landgate and it has now become necessary to show the affected areas on the original deposited plans.

Working copy plans indicate 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 Land Administration Act 1997 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 Strata/Survey-Strata Plan is affected by the former section 15 of the Public Works Act 1902 (see section 1.14) 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 (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, line-work and where necessary (hachuring though not recommended), to clearly show the relevant portions. There is no need to include the information in CSD files.

1.17.3 Mineral Reservations in Transfers (formerly section 10.18.3 of the practice manual)

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/Survey-Strata Plan 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 depicted 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.

1.18 Vesting Lots (formerly section 10.19 of the practice manual)

The Planning and Development Act 2005 makes provision under section 152 for Lots on Strata/Survey-Strata Plans to be “Vested in the Crown” directly from the plan. Historically the 1996 amendments to the T P & D Act allowed for the automatic vesting of land under section 20A of that Act. However, that process was cumbersome and required the use of a “Dual numbered” Strata/Deposited Plans to enable the vested lot to be processed.

As of the 10th of April 2006, the use of “Dual numbered” Plans is no longer required as section 152 of the P & D Act allows for automatic creation of a Crown Land Title (denoted LR) for the vested Lot or Lots upon registration of the Strata/Survey-Strata Plan.

Although 2 to 5 lot built strata schemes are normally exempt from WAPC approval, an anomaly now exists (brought about by the P&D Act) where a 2 to 5 lot built strata with a lot or lots to vest in the Crown, directly from the plan, is subject to the WAPC approval delegated to Local Government (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 depicting 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 plan registered under the STA
  • 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 Strata/Survey-Strata Plans subject to a proposed reserve under section 152 of the Planning & Development Act 2005 must depict 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 depicted on Strata/Survey-Strata Plans must not be included in the Form 3 “Schedule of Unit Entitlement”. Surveyors should use a lot range that clearly show the vesting Lot is not part of the Strata scheme e.g. Lot 300, 301, 302 etc.

An Interests and Notifications schedule is required on the plan setting out details of the vesting. An endorsement in the “Comments” field 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 Land Administration Act 1997 (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 P & D Regulations.

Some other interests or encumbrances over vesting lots will be considered by the appropriate Regional Manager in DoL 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 books must be lodged at Landgate for surveys of Strata/Survey-Strata subdivisions that involve vesting land.

Unlike Survey-Strata Plans there is no requirement for surveyors to provide a CSD file when creating vesting lots on Strata Plans as they will be captured manually by Landgate during the lodgement audit process.

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 Plan. When the application has been processed through SmartRegister 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 DoL to commence reservation action.

The only fees applicable are those related to the STA.

1.19 Automatic Road Dedications (formerly section 10.20 of the practice manual)

The 1996 amendments to the Town Planning and Development Act 1928 allowed only for automatic road dedications under section 28(3) of that Act when registering a Strata/Survey-Strata Plan. section 168 of the P & D Act now provides for the creation of Roads, Road Extensions and Road Widenings on both Strata Plans (see Chapter 8.9) and Survey-Strata Plans (see section 3.8).

Where a road, road widening, or a road extension is depicted on a Strata/Survey-Strata Plan the land so depicted is automatically dedicated to the public use of road at the time the plan is registered under the STA. The land in the road widening/extension is never included in the strata/survey-strata scheme and therefore the land continues being dedicated road on termination of such a scheme.

All Strata/Survey-Strata Plans that include automatic road dedications must be accompanied by a field book for the authorised survey creating the road and a CSD file only if created on a Survey-Strata Plan (see section 3.8).

Such plans must be approved by the WAPC before registration, except for those plans ordinarily exempt under regulation 15 of the STGR (see section 2.9).

1.20 Surveyor’s Check List for Strata and Survey-Strata Plans (formerly section 10.21 of the practice manual)

Before lodgement at Landgate, the following information needs verification:

1.20.1 Heading Block 

TickTask/document
 

Strata/Survey-Strata Plan – appropriate deletion

 

Sheet of sheets

 Management Statement - yes/no
 WAPC certificate prepared for signing and dating, if applicable (separate WAPC certificate Form 26 for built stratas delegated to local government
 Land description as per title
 Title number
 Local government
 

Field book number

 Scale
 Name of Scheme (exclude post code if using an address)
 Address of parcel (include post code)

1.20.2 Drafting area 

TickTask/Document
 Logo or Firm Name (not essential)
 Depth Limit

1.20.3 Location plan 

TickTask/Document
 Surveyors' Certificate - Reg 54
 North point*
 Location Plan Annotation
 Scale and scale bar*
 Road name*
 Crown allotment boundaries and numbers* (if required for depth limits)
 Abuttals*
 Outline of buildings
 Outline of part lots external to the building
 Offsets to boundaries
 Encroachments shown
 Vesting land
 Automatic road dedications

1.20.4 Floor plan 

TickTask/document
 Strata/Survey-Strata Plan or appropriate deletion
 Sheet of sheets*
 North point
 Floor Plan Annotation (e.g. Ground Floor Plan, First Floor Plan0
 Floor Plans overlay be sheet corners or common reference points
 Scale and scale bar
 Outline of buildings in thicker line work
 Part lots external to buildings
 Dimensions or annotation of lot boundaries*
 Part lot numbers correctly positioned (double check)*
 Areas*
 Total areas (check additions)*
 Easements position and dimensions*
 Schedule of Interests and Notifications*
 Stratum wordings
 Restrictive use of applicable*
 Other notes*
 CSD file for Survey-Strata Plans only

For Survey-Strata Plans, the items indicated by an asterisk above should be verified on the plan, as well as the following 2 items:

TickTask/Document
 Monuments referenced to boundaries
 AHD levels if applicable

1.20.5 Permit (Local Government) BA12 Occupancy Permit or BA16 Building Approval and Certificate- (Strata Plans Only) 

TickTask/Document
 Details of building or structure
 Permit details
 Permit/Certificate signed and dated by issuing officer

1.20.6 Valuer’s certificate (Strata/Survey-Strata Plan – appropriate deletion) 

TickTask/Document
 Lot numbers and unit entitlement filled in
 Sum of unit entitlement to agree with aggregate
 Description of land parcel
 Description of buildings
 Name filled in
 Form signed and dated

1.20.7 Surveyor’s certificate (Form 5 – Strata Plans only)

TickTask/Document
 Description of land parcel
 Description of buildings
 Name filled in
 Paragraphs (a) and (b) valid
 (c) deleted if no encroachments, or
 if (b) is deleted, (c) is valid
 (d) is deleted unless management stated for staged development applies
 Signed (by "Surveyor") and dated

1.20.8 WAPC certificate if applicable (Strata Plan only)

TickTask/Document
 Either paragraph (i) or (ii) deleted
 Submission dated filled in
 Property description completed

1.20.9 Other

TickTask/Document
 Ministerial approval letter (which may be conditional) if appealed and no WAPC or local government certificates
 Urgent letter request

1.20.10 Surveyors Report

TickTask/Document
 Special Survey Area annotations
 Regulation 26A annotations
 Easements/covenants/interests to be modified/surrendered
 Information received from Landgate officer
 Timing and other issues to note
1.21 Measuring Easements on Strata Plans and Survey-Strata Plans (formerly section 6.9 of the practice manual)

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 common property lots 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’s boundaries. This extent may be vertical as well as horizontal. It is important that depiction of this information is easily understood so that there will be no grounds for boundary disputation in the future (see Plan Example 12).

1.22 Use Restriction (formerly section 6.16 of the practice manual)

Under section 6 of the STA, any Strata/Survey-Strata Plan that is lodged for registration may create a legally binding restriction as to the use to which the parcel or part of the parcel may be put. This is achieved by an endorsement on the plan that delineates the area affected and that makes specific reference to Sec 6(1) of the STA. In most cases, these uses restrictions are related to land use and could be a condition of planning approval. These types of restriction can be used in much the same way as a by-law, but they should not be confused with an easement.

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.

Surveyors adding use restrictions to the plan should use an endorsement that clearly specifies the restriction type, the lots or parts of lots affected and the section of the STA that allows the restriction (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 accordingly in the Schedule of Interests and Notifications on the Plan or on the face of the Location/Floor plan (see Plan Example 66).

The advantage of using use restrictions provisions is in the ability to specify the restriction on the plan and to state the section of the Act that relates to the restriction. There are also benefits from a planning perspective because variation or removal requires local government or WAPC consent.

Carefully planned use restrictions can assist greatly in the successful and orderly management of a strata scheme.

Monetary penalties may be imposed where a proprietor, occupier or other resident of a lot contravenes the use restriction.

1.23 Restriction Relating to Retired Persons (formerly section 6.17 of the practice manual)

Section 6A of the STA allows use of lots to be restricted to occupancy only or predominantly by “retired persons” as defined by that section. When preparing such endorsements under that section, the definitions of “retired persons” and “spouse” in section 6A (3) should be borne in mind (see Plan Example 67).

It is advisable to consult the relevant local government as to the wording it prefers for age restrictions.

Note:

A restriction of the kind referred to in Section 6 and 6A 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 scheme.

2 Drafting of Strata Plans (other Guidelines in section 9.1) (formerly section 11.1 of the practice manual)

Most drafting guidelines for Strata Plans are common to all plans under the STA. section 9.1 This section records only matters which do not apply to all other types of plan. For drafting requirements, this section should be read in conjunction with section 9.1.

2.1 Components of a Strata Plan (formerly section 11.2 of the practice manual)

A Strata Plan consists of a:

  • location plan
  • floor plan
  • schedule of unit entitlement and valuer’s certificate
  • licensed surveyor’s certificate and local government certificate
  • WAPC certificate, in certain cases
  • dealings and encumbrance schedule, and
  • sometimes, an annexure sheet.
2.2 The Location Plan (formerly section 11.3 of the practice manual)

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. 5(1a) (d). Scales and orientation must comply with the STGR. A location plan may be on a separate form or can be on the same sheet as the floor plan.

Where buildings are closer than 2 metres to a parcel boundary, offsets must be shown on the location plan. Any encroachments onto the adjacent parcel, or road or ROW must be clearly shown by a dashed line. Building connections and wall encroachments should be made to reference mark accuracy. The extent of the encroachment and type must be dimensioned and noted. Encroachments can be walls, gutters and eaves, awnings, plinths, corbels or other similar building attachments. The following sets out the options available for depiction of buildings on Location Plans in Built Strata Schemes.

2.2.1 Single Tier Schemes (formerly section 11.3.1 of the practice manual)

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 (formerly section 11.3.2 of the practice manual)

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.

A statement on the Surveyors Report (STP-10 Schedule of Unit Entitlements section 2) for all Strata Schemes other than single level buildings will indicate the option adopted.

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
  • extent
  • road names
  • abutting lot numbers and survey numbers
  • scale bar
  • orientation (consistent with floor plans)
  • depth limit
  • vesting land
  • Interests and Notifications schedule if applicable
  • certificate showing regulation 54 of the Survey Regulations
2.3 Floor Plan (formerly section 11.4 of the practice manual)

The floor plan must be drawn at a scale and orientation indicated in the STGR. 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. Usually thinner lines that are dimensioned or partly dimensioned delineate boundaries of part lots that are external to a building.

The local government certificate refers to an inspection of the building and parcel shown on the Strata Plan. Surveyors should therefore depict 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 verandas. 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 or two floor plan levels may be depicted 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, 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 6(4)) 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.

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 part lots they must be shown on the floor plan (see regulation 37C of the STGR).

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 STGR 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).

2.4 Surveyors Certificate (formerly section 11.5 of the practice manual)

As from the 24th of January 2006, all new Strata Plans lodged for registration at Landgate must have a certificate signed by the Surveyor under regulation 54 of the Licensed Surveyors (General Surveying Practice) Regulations 1961. This Certificate is in addition to the requirement of Form 5 of the STGR and 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 delete the inappropriate paragraphs on the surveyor’s certificate (STGR Form 5) to reflect the true situation of the proposed scheme.

Strata plans, because of their building content must have a surveyor’s certificate stating that all strata lots on the plan are within the land parcel boundary and that all buildings are contained within the parcel boundary. If the buildings extend beyond the parcel boundary the encroachments must be clearly shown on the plan. In the case of encroachments onto other land the applicant must provide proof that the appropriate easement has been granted.

If there is an encroachment onto a public road or right of way, DoL must be contacted and consent must be obtained from the Minister for Lands and whoever has control and management of the road or by Order of the Magistrates Court if consent has not been obtained.  This type of consent is reflected at item 4 of the BA12 Occupancy Permit/BA16 Building Approval Certificate. Minor encroachments (as defined by Government Land Bulletin No.5) 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.

The surveyor’s certificate also contains a paragraph applicable only to staged schemes where by-laws under Schedule 2A item 8 of the STA specify the criteria for each of the stages. That paragraph is only pertinent to re-subdivisions and when it applies must comply with the information originally disclosed in the management statement (which at that stage will have been the by-laws of the strata company).

Surveyors need to check the re-subdivision plan against the proposed plans in the management statement. It must meet the following criteria to ensure sufficient compliance with the management statement (see STP-12 Schemes and Amendments of Schemes Section 7.3):

  • The same number of lots as depicted in the by-law.
  • Areas of lots cannot vary from that shown in the by-law by more than 10%.
  • Lot configuration and common property must be the same as in the by-law.
  • Unit entitlement must be the same as disclosed in the by-law.
  • No easements or encumbrances shown on the plan of re-subdivision which will adversely affect any lots or common property.
  • The same proposed buildings depicted in the by-laws but not shown on the re-subdivision.

On a simple Strata Plan paragraphs (a) and (b) of the STGR Form 5 are usually the only applicable paragraphs and paragraphs (c) and (d) are struck through.

The surveyor’s certificate reflects the information shown on the Strata Plan. The description of the parcel should be similar to the land description on the title, followed by a description of the building. The description of the building should include the number of lots, the main materials used in construction and the proposed use of the parcel, e.g., “Four, single storey, brick and tile, residential dwellings”.

Surveyors may choose to incorporate their Form 5 Certificate into the Plan form or print their own form provided they comply with the words as set out in the STGR. Where paragraphs such as (c) and (d) are inappropriate, they need not be printed. See STGR regulation 13.

2.5 Measurement Contents (formerly section 11.8 of the practice manual)

Information shown on a Strata Plan must be sufficient to establish 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 and STGR 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.

2.6 Large Plans (Rural or Staged) (formerly section 11.10 of the practice manual)

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.

2.7 Encroachment of Strata Plans (formerly section 8.7 of the practice manual)

When buildings, parts of a building or architectural feature/s (includes a moulding, string course, cornice, coping, eave, window sill and fin) within a proposed scheme encroach beyond the parcel boundaries, the requirements of section 76 of the Building Act 2011 must be satisfied.

Those requirements are:

  • that each owner of the land into, onto, or over which the encroaching part is placed consents to the encroaching part being so placed and the encroaching part is placed in accordance with the consent

or

  • that the encroaching part is placed in accordance with a Magistrates Court order under section 86(2)(a) of the Building Act 2011

or

  • that the encroachment is prescribed as a minor encroachment (these encroachments apply to Crown land i.e. a road or public place and do not require consent from the Minister for Lands)

or

  • that the encroachment is into, onto, or over Crown land and is authorised under the Land Administration Act 1997

or

  • prescribed circumstances as set out in Regulation 45B of the Building Regulations 2012 (these encroachments apply to Crown land i.e. a road or public place). Consent to the encroachment is not required for those prescribed circumstances where they have been constructed in an approved manner as part of local government planning approval or a relevant local law.

Regulation 45A of the Building Regulations 2012 defines “minor encroachments” as:-

  • an architectural feature attached to a building if the feature encroaches on a road or public place by not more than 250mm
  • a window or shutter that when open encroaches on a road or public place and is at least 2.75 metres above the ground level of the road or public place
  • a window shutter that, when fully open, encroaches on a road or public place by not more than 50mm.

Regulation 45B of the Building Regulations 2012 defines “prescribed circumstances” are the placement of an awning, verandah or thing attached to an awning or verandah that encroaches on a road or public place if the awning, verandah or thing is:-

  • is at least 2.75 metres above the road surface or the ground level of the public place

and

  • has no supports connecting it to the surface of the road or the public place

and

  • is constructed in an approved manner.

The surveyor must depict the encroachment and it should be clearly defined by measurement. If the encroachment is not a wall then the nature of the encroachment must be stated eg awning, gutter, etc. (see Plan Example 6). If the encroachment is onto adjoining land (freehold and Crown land other than a road) a deed of easement must be granted by the owner of the land encroached upon prior to the surveyor signing the Form 5 certificate (see Plan Example 6 and Plan Example 20).

The easement must be registered before or at the time of registration of the Strata Plan and included as an endorsement on the Location Plan form of the Strata Plan shown as an easement (see Plan Example 20).

When the encroachment (other than a “minor encroachment” or “prescribed circumstance”) is onto a public road, street or way, consent must be obtained from the Minister for Lands and whichever of the local government in whose district the road, street or way is situated, the Commissioner of Main Roads or the Minister (as defined by section 2 Public Works Act 1902) who has control and management of the road, street or way.

When the encroachment is onto Crown Land, other than a “minor encroachment” or “prescribed circumstance”, consent must be obtained from the Minister for Lands and where applicable the person or body the Crown Land may be vested in.

Where consent has not been given, an Application may be made to the Magistrates Court for on order to affect other land i.e. to allow an encroachment.

Before a Permit Authority can issue a BA12 Occupancy Permit or BA16 Building Approval Certificate, it must be satisfied that the requirements of s. 76 of the Building Act 2011 haves been met and a copy of any consent or court order allowing any encroachment/s is lodged as part of the Application.

Problems will arise where the encroachment is onto a private street or ROW. In such cases the best solution is to arrange for the closure and amalgamation of this portion with the applicant’s title, if practicable.

If a building on adjoining land encroaches onto the applicant’s land the Surveyor should inform the applicant of the encroachment, and the encroachment should be shown on the Strata Plan to warn a purchaser.

In certain circumstances in the past, balconies were allowed to be built over roads by the authority of the local government; however there was no formal way of acquisition of the balcony and its airspace.

In December 2002 the Government Land Policy titled “Balconies: Tenure above roads and other Crown lands” gave DoL the power to deal with balconies over roads. From that time developers were advised to purchase the airspace from the State of Western Australia.

A Management Statement was required to be registered with such strata schemes setting out how the balcony structure and airspace should become a strata lot by re-subdivision when legislation is enacted to enable acquisition. This practice is no longer allowed.

DoL Government Land Bulletin No.5 was issued in June 2003 to provide advice in relation to the policy on construction of building encroachments into airspace over roads and other Crown land. Until legislation is enacted to address liability and tenure issues, balconies encroaching over roads and other Crown land will not be approved in new strata developments.

Where balconies are to be included in new strata developments, they should be located within the parcel boundaries to ensure that the land below the balcony remains in private ownership.

Surveyors should note that both the “Mandurah Ocean Marina (Stage 1) Project” and the “Bunbury Marlston Waterfront Project” predates Department of Planning’s Balcony Policy and therefore balconies are allowed to be constructed over roads in these two areas (see Plan Example 18).

However, it must be noted that a management statement should still accompany such Strata Plans as described in the preceding paragraph (see Plan Example 21).

Failure to describe how encroaching balconies are to be dealt with in a management statement may impact on the resale value of a Strata Lot.

Under no circumstances should a Developer construct balconies over adjoining freehold land unless they have entered into an agreement to purchase that portion of adjoining land.

2.8 Depicting Easement Dimensions on Strata Plans (formerly section 8.8 of the practice manual)

It is possible to create easements (see section 4) under section 136C of the TLA automatically on Strata Plans. As the floor plan sheets contain dimensions and lot boundary definitions, easements showing dimensions should also be shown on these sheets by broken lines and dimensions.

The area affected by an easement must be measured to normal survey standards to provide sufficient dimensions to enable accurate establishment of its limits. Where a building or monument forms part of the easement boundary, dimensions must also be shown for such boundaries. These dimensions may be vertical as well as horizontal. It is important that this information is clear so that there will be no grounds for disputation in the future. Cross sectional views should be used to clarify vertical limits (i.e. horizontal boundaries as outlined in section 3(2) (a) of the STA).

Digital data (CSD file) is not required for Strata Plans that include easements in gross or easements under section 167 of the P & D Act (see section 1.15). Easements will be captured manually by Landgate during the lodgement/audit process.

2.8.1 Transmission Line Easements

The most important feature of an Energy Operators (Powers) Act 1979 easement unlike other easements is that buildings are a permitted encroachment within the easement area.

When depicting these easements on Strata/Survey-Strata Plans, the following should be noted:

  • Where the parent lot has no building or structure encroaching into the easement area, the Subject in the Interest and Notifications Schedule should be labelled with an Alpha character eg: “A”. No comments are required in the Comments field.
  • Where a building or structure does exist within part of the easement area or where a building is proposed to be built within the easement area, Surveyors should separately define those areas. With reference to Plan Example 46, “B” and “C” have been adopted for the encroaching buildings and “A” has been adopted as the whole of the easement area. The Surveyor may choose to make a comment in the “Comments” field such as “ “B” and “C” permitted encroachments into easement area”. The deed will specify details of “A”, “B” and “C”.

The intention of this type of easement by Electricity Networks Corporation is to control the entire easement area and all structures within that area. Where structures do exist Surveyors should include Cross Sections/Elevation Drawings on the plan displaying RLs defining the vertical extent of the encroaching structure(s).

2.9 Creation of Roads and Road Widenings on Strata Plans (formerly section 8.9 of the practice manual)

Changes to the Town Planning and Development Act 1928 (T P & D Act) in 1996 allowed for the automatic creation of Road Widenings upon Registration of the Strata Plan under section 28 (3) of the T P & D Act. However there has been no provision to create “Roads” on Strata Plans until the commencement of the P & D Act on the 9th April 2006.

Road Widenings are now created under section 168 (3) of the P & D Act and “Roads” are created under Sections 168 (1) and 168 (2) of the P & D Act (formerly section 295 (5) of the Local Government Act 1995) (see STP-07 The Role of Government Agencies section 3). Surveyors must follow the same guidelines as those for Deposited Plans when seeking approval to create roads on Strata Plans.

  • Note

The requirement in section 295(5) of the Local Government Act 1995 for roads to be over 6 metres in width has been removed.

Strata Plans are line drawings only, therefore pegs and non-standard marks along Roads and Road Widenings are not to be shown on the Location plans or Floor Plans. Surveyors should make a notation on the Location Plan:

“For survey and pegging information refer to Field Book ……”

as a Field Book must accompany Strata Plans creating both Roads and Widenings. Where there is a requirement to create roads and widenings 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 (see Plan Example 34).

Unlike Survey-Strata Plans there is no requirement for Surveyors to provide a CSD file when creating Roads or Widenings on a Strata Plan as they will be captured manually by Landgate during the lodgement/audit process. Section 168 (9) of the P & D Act provides that roads do not form part of the parcel within a Strata Scheme.

2.10 Car Stackers (formerly section 8.10 of the practice manual)

A recent trend in built strata schemes has been the introduction of Car Stackers - a mechanical device that allows one or more motor vehicles to be stacked one above another for parking purposes.

Car Stackers are a space efficient way of providing parking within a strata scheme where insufficient space exists for the creation of conventional parking bays. In effect it allows two or more vehicles to be parked in a space that would normally only be able to accommodate a single vehicle.

It is important to seek legal advice before commencing development of a strata scheme that will incorporate Car Stackers.

One of two options to incorporate Car Stackers into a strata scheme may be used:

2.10.1 Option 1

The area in which the Car Stacker is to be located must be shown on the strata plan as common property. Bylaws setting out the use of the Car Stacker or granting exclusive use rights to particular lot owners within the scheme would be required to be registered. This option can be used in both single tier and multi-tier schemes.

2.10.2 Option 2

The cubic area containing the Car Stacker is defined as part lots. As the cubic space of one part lot sits upon another part lot cubic space mutual easements must be granted to allow the vehicle of the TOP part lot to pass through the cubic space of the BOTTOM part lot when entering and leaving the Car Stacker. In this option it is advisable that the car stacker structure and all its related parts be common property. Bylaws (Management Statement) governing the use and maintenance of the car stacker structure (common property) must be registered. It must be clearly stated on the strata plan that the car stacker structure and all its related parts are common property (see Plan Example 47). This option cannot be used for single tier schemes.

3 Drafting of Survey-Strata Plans (Other Guidelines in section 9.1) (formerly section 12.1 of the practice manual)

Most drafting guidelines for Survey-Strata Plans are common to all plans under the STA. These have been recorded in section 9.1. This section records only matters which do not apply to all other types of plan. For drafting requirements, this section should be read in conjunction with section 9.1.

3.1 Surveyor’s Certificate (formerly section 12.2 of the practice manual)

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 (see STP-02 Lots section 1 and section 2.4 of this guide).

If the Survey-Strata Plan is a re-subdivision it must also be endorsed with the regulation 54 Certificate. In respect to staged developments where the original Survey-Strata Plan has a Management Statement and complies with regulation 36 of the STGR then the Surveyor must also endorse a Form 6 (see Plan Example 44). Where the original Survey-Strata Plan does not have a Management Statement or where the information disclosed under a bylaw created under Schedule 2A item 8 of the STGR does not comply sufficiently with the re-subdivisional plans, then no Form 6 is required to accompany the plan.

The re-subdivision must comply with proposed plans disclosed in a by-law and fit certain parameters such as in regulation 36 of the STGR. Briefly these parameters are:

  • the same number of lots and common property lots as depicted in the by-law
  • areas of lots cannot vary from those shown in the by-law by more than 10%
  • configuration of lots and common property lots must be the same as disclosed in the by-law
  • unit entitlements must be the same as disclosed in the by-law

and

  • any easements shown on the plan of re-subdivision will not adversely affect any lots or common property.
3.2 Certificate of Verifying Surveyor (formerly section 12.3 of the practice manual)

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 Practice Manuals, except where good reason has been shown to the contrary, and with all regulations applicable to it.

Date:__________________ Signed: _______________________________                                                                                        (Licensed Surveyor)

3.3 Pegs (formerly section 12.4 of the practice manual)

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).

3.4 Other Information (formerly section 12.5 of the practice manual)

Because the Survey-Strata Plan must be sighted by the purchaser 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 Encroachments and Building Connections (formerly section 9.5 of the practice manual)
  • Encroachments by walls or attachments to walls or buildings discovered in the survey of a Survey-Strata Plan must be disclosed and the implications should be resolved before registration of the plan.
  • Improvements of a permanent nature (i.e. buildings and brick, concrete, masonry or stone walls) within one metre of a surveyed boundary should always be located and recorded in the field book. They are excellent reference marks.
  • Connections to buildings and walls are regarded as monuments, and have precedence over measurements, so the recording of such connections will allow the surveyor’s intention to prevail in the future if discrepancies are found (see Plan Example 14).
  • Where buildings are constructed within the scheme boundaries and there is an encroachment onto other survey-strata lots within the scheme the automatic easements under STGR regulation numbers 14F, 14G and 14H should be used to protect survey-strata lots rights. Surveyors preparing plans containing this information should make the information depicted “user friendly” by indicating sections in a similar manner to architectural plans (see Plan Example 10).
  • Any connections to buildings or substantial improvements shown on the plan or in the field book will be understood to be to reference mark accuracy unless stated otherwise.

3.5.1 Encroachments, Building Connections (formerly section 12.6 of the practice manual)

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 section 5.8, STP-02 Lots section 2, Plan Example 10 and Plan Example 23).

3.6 Easements (formerly section 12.7 of the practice manual)

The easements that can be created on a Survey-Strata Plan are set out in Part 2A of the STGR and include easements for vehicle access, light and air, party wall rights, intrusion by a structure and pedestrian access. Easements 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. 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 (see section 4.4, section 1.14 and Plan Example 38).

3.6.1 Depicting Easement Dimension (formerly section 9.6 of the practice manual)

Easements created on Survey-Strata Plans, whether under the STA or the TLA, must be shown on the survey-strata by broken lines and must be dimensioned sufficiently to define the easement area. The horizontal component must also form part of the Cadastral Survey Data (CSD) file. Where there are stratum limits, and unless they are simple, cross sections should be used to illustrate such limitations (see section 1.13). It is permissible to reference easement height limits to a monument such as a footing or floor slab but AHD must be used. Although regulation 14B of the STGR specifies certain dimensioning requirements, a surveyor should use professional judgement and provide sufficient measurements to establish the extent of the easement (see Plan Example 10).

Where a condition of Subdivision stipulates that an easement be created to Electricity Networks Corporation (formerly Western Power Corporation) under the Energy Operators (Powers) Act 1979, Surveyors must ensure that the easement as depicted on the plan agrees with the intent of the easement as shown in the document. A cross sectional drawing of pre-existing and any proposed buildings within the easement area should be incorporated as part of the plan to sufficiently identify their position (see section 2.8 and Plan Example 46).

3.7 Field Notes for Survey-Strata Schemes (formerly section 9.7 of the practice manual)

3.7.1 Lodging a Field Book for all Survey Plans (formerly section 9.7.1 of the practice manual)

Field Books are required to be lodged for all Survey-Strata Plans. This requirement also applies to surveys of Re-subdivision and conversions to Survey-Strata Plans. Surveyors searching Landgate records must be aware that prior to 31 May 2003 the majority of Survey-Strata Plans may not have been supported by a registered Field Book.

3.7.2 What Field Books are to Show (formerly section 9.7.2 of the practice manual)

  • details of re-establishment of alignments
  • additional reference marks placed
  • connections to improvements within one metre of the parcel boundary
  • connections to the Geodetic Network

and

  • any other requirements according to the Surveyors General Regulations.
  • all internal lot detail (particularly non-standard markings and connections to structures and other improvements).
3.8 Creation of Roads and Road Widenings on Survey-Strata Plans (formerly section 9.8 of the practice manual)

Much the same guidelines for creating Roads and Road Widenings on Strata Plans (see section 2.9) apply to Survey-Strata Plans. While the T P & D Act allowed the automatic creation of Road Widenings on Survey-Strata Plans since 1996, under section 28 (3) there has been no provision to create “Roads” on Survey-Strata Plans until the commencement of the P & D Act on the 9th of April 2006. With the repeal of the T P & D Act, Road Widenings are now created under section 168 (3) of the P & D Act (formerly section 28 (3) of the T P & D Act). Roads formerly created only on Deposited Plans under section 295 (5) of the LGA are now created under Sections 168 (1) and 168 (2) of the P & D Act (see STP-07 The Role of Government Agencies section 3).

Surveyors must follow the same guidelines as those for Deposited Plans when seeking approval to create roads on Survey-Strata Plans.

  • Note:

The requirement in section 295 (5) of the LGA for roads to be over 6 metres in width has been removed.

Roads and Widenings on Survey-Strata Plans are to be set out and depicted on the plan as described in STP-02 Lots section 5.1 and 5.2.

Where common access is required within a Strata Scheme Surveyors should continue to use common property lots (CP…) to maintain the integrity of the Scheme.

In some instances, CP lot/s on a Survey-Strata plan are given a street/road name, approved by Landgate’s Geographic Names (see section 1.9). Although the CP lot is to be used for road purposes, it remains as a CP lot on the plan and not a public road.

Only where planning approval requires that widenings, an extension or creation of a public road be set out on the plan should Surveyors use section 168 of the P & D Act. A CSD file must show the road in the same manner as that for deposited Plans.

Section 168(9) of the P & D Act provides that roads do not form part of the parcel within a Survey-Strata Scheme.

3.9 Deferred Final Marking/Referencing of Survey-Strata Schemes (formerly section 9.9 of the practice manual)

Landgate has an approval system in place (under regulation 26A of the Licensed Surveyors (General Surveying Practice) Regulations 1961) that enables surveyors to defer the final marking/referencing of Survey-Strata schemes until after the civil development works have been completed.

The plan can be placed in order for dealings and allow the Registrar of Titles to issue certificates of title for lots on that plan after the surveyor has certified that the corners of all the lots on that plan have been marked and that the final marking will be completed within 14 days after practical completion of the development works.

An approval for deferred final marking/referencing (DFM) requires that a network of ‘permanent’ marks connected to the State Geodetic Network control the survey. Initial pegging of all of the lots on the Survey-Strata Plan will enable Landgate to endorse the Plan In Order for Dealings when final approval from WAPC has been obtained.

When the development works have been completed, permanent referencing and permanent survey and control marks in accordance with the regulations and the SSA guidelines (as applicable) can then take place.

Deferred final marking provides benefits for the developer and for the purchasers of lots within the subdivision. The developer can gain a cash flow which facilitates completion of the development works which in turn benefits the purchasers by improving the timeframes for occupation of the land.

Each purchaser also benefits by being able to settle at the original fixed price of the land, and by being able to commence the building process by engaging a builder and making application for a building license. The use of this procedure requires approval from the Inspector of Plans and Surveys (or delegate).

The following information must be provided if an application for deferred final marking/referencing is to be considered:

  • A copy of the plan, or draft of the plan, or other graphic that shows the position, size and nature of the subdivision.
  • The date you expect to lodge the Survey-Strata Plan or date of lodgement if already lodged.
  • If fully bonded, the nature of the works being bonded and the bodies with which the bonds have been arranged.
  • If not fully bonded, the nature of the remaining works being bonded and the bodies with which the bonds have been arranged.
  • The date the bonds were in place or are expected to be in place.
  • The date clearances are expected to be available.
  • The date dealings (eg application for new titles) are expected to be lodged,
  • The timeframe for practical completion.
  • The timeframe for final marking.
  • This information is used in considering the merits of the application, whether any special conditions are appropriate, and for follow up if necessary.

The standard conditions for this procedure are:

  • The development has adequate connections to the State Geodetic Network in accordance with ‘Survey Practice Guidelines for Subdivisions within Special Survey Areas’ (the guidelines).
  • The corners of all the lots are marked prior to the Survey-Strata plan being In Order for Dealings. Notification to Landgate is by an ‘Initial Survey Certificate’, similar to the form of the ISC in the guidelines stating that the marks are in place and referencing/final marking will be carried out when the subdivision has been completed.
  • Sufficient control points are placed in safe and protected positions to survive the development works.
  • Placement of referencing/final marking to be completed not more than 14 days after practical completion of the engineering and construction works.
  • A field book recording the referencing and renovation survey and a ‘Final Survey Certificate’ similar to the form of the FSC in the Guidelines to be lodged within 14 days of completion of fieldwork.
  • The Survey-Strata plan and field book(s) to be annotated:

“‘Reg. 26A’ – final marking deferred (<Approval ID>, <Landgate file>).”

See Plan Example 48.

The surveyor must take reasonable steps to ensure that it is disclosed to purchasers of lots on the Survey-Strata Plan that access to the land may not be possible at the date of settlement, and to ensure that any changes to the timeframe for practical completion is advised to those purchasers.

Enquiries about using the deferred referencing or final marking procedures should be directed in the first instance to the Chief Inspecting Surveyor, Survey Inspections on 9273 7422.

Applications can be e-mailed (preferred), or posted to the addresses below:

e-mail: richard.browne@landgate.wa.gov.au.

mail: Landgate

Attn.: Inspector of Plans and Surveys

PO Box 2222

MIDLAND WA 6936

3.10 Western Australian Planning Commission Certificate (formerly section 12.8 of the practice manual)

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 conditional consents. For a Survey-Strata Plan the certification is referenced to section 25B (2) of the STA. The WAPC reference number must be endorsed onto the plan.

Section 25(1) of the STA must not be quoted in the Plan Form for WAPC certificates as this relates only to Strata Plans, Strata Plans of Re-subdivision and Strata Plans of Consolidation.

The “Standard Plan Process” was introduced in July 2005. All Survey-Strata Plans must be lodged with Landgate for audit (see STP-07 The Roles of Government Agencies section 3). Once the plan is “Examined” and the necessary “Release Letter” is obtained by Landgate, the plan will be sent to the Department of Planning for endorsement of the WAPC approval.

4 Short Form Easements and Restrictive Covenants (formerly section 6.1 of the practice manual)

Under the Strata Titles Act 1985 (STA) and the Transfer of Land Act 1893 (TLA), it is possible to create easements and covenants over land in the same ownership. This has numerous advantages where a developer may put in place easements and 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 covenants or provide for specific needs by an instrument that is in the form of a deed.

It is also possible to create easements and covenants in gross automatically under Part IVA of the TLA, to meet local government and planning requirements. Service authority easements can be created under section 167 of the Planning and Development Act 2005 (P & D Act). Road Access Conditions covenants can be created under section 150 of the P & D Act.

Strata Plans lodged for registration can create:

  • a TLA short form easements and covenants under Part IVA of the TLA by notation on the plan
  • a covenant (Road Access Conditions) under section 150 of the P&D Act;
  • easements under section 167 of the P & D Act
  • easements and covenants by deed or transfer.

Survey-Strata Plans lodged for registration can include:

  • easements under Regulations 14E to 14I of the Strata Titles General Regulation (STGR- created under section 5 (D) of the STA)
  • short form easements and covenants under Part IV A of the TLA
  • a covenant (Road Access Conditions) under section 150 of the P&D Act
  • easements under section 167 of the P & D Act
  • easements by deed or transfer.

Strata/Survey-Strata Plans of Re-subdivision can include:

  • a covenant (Road Access Conditions) under section 150 of the P&D Act
  • easements under section 167 of the P & D Act.

Strata/Survey-Strata Plans of Consolidation:

  • a covenant (Road Access Conditions) under section 150 of the P&D Act
  • easements under section 167 of the P & D Act.

Appendix B lists the types of TLA and STA easements that may be created on each type of plan.

It is not possible to automatically create section 5D STA or section 136C TLA easements such as ‘Right of Carriageway’ on Strata/Survey-Strata Plans of re-subdivision or consolidation.

However, the location of easements to be created spatially by Document after the Plan is registered must be depicted on an Interest Only Deposited Plan and lodged to support the documentation.

Easements that are created under the TLA or the STA need to be shown in a schedule on the plan (see section 1.14) and by broken lines, dimensions and angles on the sketch. Original easements and covenants being brought forward that have a spatial nature also need to be shown (see Plan Example 10).

Easement and Restrictive Covenant documents executed in respect of strata/survey-strata schemes are subject to the normal requirements. Some issues that have caused problems are discussed in the following sections 4.1 and 4.2.

4.1 Ownership of Parcels (formerly section 6.2 of the practice manual)

Although a strata company may execute a document, in accordance with section 20(1) of the STA, creating and accepting the benefit of or surrendering easements or restrictive covenants, it does so as the representative of the registered proprietors of the lots and who are therefore the owners of the common property. The strata company does not own any lots or common property. Ownership of the parcel is held by the registered proprietors of the lots (sections 17 and 4(4)).

If the ownership of all lots in a strata/survey-strata scheme is identical to that of another parcel of land then the two parcels are held in the same ownership.

In accordance with common law principles, easements and restrictive covenants can only be created when the dominant and servient tenements are in separate ownership. Easements or restrictive covenants created on subdivisions under Part IV A of the TLA or section 5D of the STA are statutory exceptions to that principle.

Registration of a transfer of at least one strata/survey-strata lot to another person is one way of breaking the unity of ownership between two parcels.

4.2 Easements on Strata Plans (formerly section 6.6 of the practice manual)

4.2.1 TLA Easements (formerly section 6.6.1 of the practice manual)

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.

These easements can stand alone or may be varied by an instrument to suit particular circumstances. Provision should be made to indicate this in the Schedule of Interests and Notifications on the Strata Plan (see Chapter 10.15). These types of easements can be created to apply to individual lots on the Strata Plan (see Plan Example 12). Land external to the scheme may also receive the benefit of an easement. Easements other than those listed above can be created to meet the particular requirements of a scheme using an instrument. The type of easement must be specified in the schedule.

If an instrument is to be lodged, it must be at the same time as the plan is lodged or there must be indication on the plan that an instrument will be lodged as part of the registration process.The alternative method of creating easements is to use the traditional method of a deed of easement or transfer by registration on the title. An easement of this type will usually require an ‘Interest Only’ Deposited Plan to be lodged depicting the extent of the easement.

4.2.2 P&D Act Easements (formerly section 6.6.2 of the practice manual)

Section 167 of the P & D Act provides for the automatic creation of service authority easements in gross on registration of the plan. The statutory wording of these various easements is set out in regulation 33 of the Planning and Development Regulations 2009 which came into operation on 1 July 2009.

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 not required to provide a CSD file when creating section 167 P & D Act easements on a Strata Plan as they will be captured manually by Landgate during the lodgement/audit process.

Where a building encroaches upon an existing section 167 P & D Act easement, Surveyors must identify at the earliest possible moment the need 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 will cause unnecessary financial cost and delays for the developer.

In the case where an easement encumbers the basement carbay part lot of a multitier 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. 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 auditors that matter has been attended to.

4.3 Creation of Easements on Strata Plans of Re-subdivision (formerly section 7.8 of the practice manual)

Only easements created automatically under section 167 of the P & D Act (formerly section 27A T P & D ACT 1928) can be created on Strata Plans of Re-subdivision (see section 4). The approval of the WAPC is generally required (see Plan Example 40). However, for small strata schemes resulting in 2 to 5 lots that qualify for an exemption under regulation 15 of the STGR, the P & D Act makes no provision for those plans to be endorsed with the approval of the WAPC.

Unlike re-subdivisions of Survey-Strata Plans there is no requirement for Surveyors to provide a CSD file when creating section 167 P & D Act easements on Strata Plans of re-subdivision as they will be captured manually by Landgate during the lodgement/audit process.

4.4 Easements on Survey-Strata Plans (formerly section 6.7 of the practice manual)

Easements on Survey-Strata Plans can be created in four ways:

  • Automatically under the STA
  • Automatically under the TLA
  • Automatically under the P & D Act
  • By deed or transfer.

4.4.1 STA Easements (formerly section 6.7.1 of the practice manual)

Easements created pursuant to section 5D of the STA enable easements to be created automatically on registration of the Survey-Strata Plan. Although only the abbreviated name of the easement needs to be shown on the plan, the terms of the easements are prescribed in Regulations 14E to 14I of the STGR. The wording contained in the STGR includes maintenance and indemnity clauses.

It is also possible to vary the terms of these easements by lodging a memorial or instrument with the plan.

These types of easements are confined to the subject land, i.e. it is not possible to benefit land outside of the scheme or a service authority.

The following standard easements may be created under section 5D of the STA:

  • Vehicle Access Easement under regulation 14E of the STGR (see Plan Example 3).
  • Light and Air Easement under regulation 14F of the STGR.
  • Party Wall Easement under regulation 14G of the STGR (see Plan Example 13).
  • Intrusion Easement under regulation 14H of the STGR (see Plan Example 7, Plan Example 10 & Plan Example 45).
  • Pedestrian Access Easement under regulation 14I of the STGR.

These types of easements can only be used on Survey-Strata Plans. However, the Vehicle Access Easement can also be created on merger “sketch plans” in a strata scheme- see section 21W of the STA. If special conditions are required, the standard form of the easements may be varied by lodging an instrument that sets out the specific conditions before the plan is registered.

Easements created under section 5D of the STA may be varied or discharged under section 5F (see STP-12 Schemes and Amendments of Schemes section 10).

4.4.2 TLA & P&D Act Easements (formerly section 6.7.2 of the practice manual)

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

4.5 TLA Easements on Strata and Survey-Strata Lots where an Instrument is Lodged with the Plan (formerly section 6.8 of the practice manual)

The TLA refers to some easements in a “short form”. The terms of these easements are set out in detail in the Tenth Schedule of the TLA.

4.5.1 Easements that do not meet the terms in the Tenth Schedule of the TLA (formerly section 6.8.1 of the practice manual)

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. It must also be stamped by the Office of State Revenue and must contain:

  • the registered proprietor’s name and address of both the burdened and benefited land
  • a description of the land to be burdened by the easement
  • a description of the land to be benefited by the easement or the beneficiary if it is an easement in gross
  • an operative clause describing the easement and stating that the rights are created pursuant to section 136C of the TLA
  • any limitations associated with the rights
  • any encumbrances over the land burdened by the easement (absolute caveats must be withdrawn to allow registration of the instrument)
  • date of execution of the easement
  • all of the required consents

and

  • signed by all parties and witnessed.

Where an instrument is used, it may be lodged with the Strata/Survey-Strata Plan or it may be lodged with the application to register the Strata/Survey-Strata Plan. The land burdened by the easement must be contained within the plan. However, land benefited by the easement can be outside of the land the subject of the Strata/Survey-Strata Plan. All duplicate certificates of title receiving the benefit of the easement must be produced and be accompanied by an application for the benefit of the easement to be shown on the title of the land receiving the benefit.

If an instrument is to be lodged, it must be at the same time as the plan is lodged or there must be indication on the plan that an instrument will be lodged as part of the registration process.

4.5.2 Consents Required (formerly section 6.8.2 of the practice manual)

An easement cannot be created under Part IVA of the TLA with or without an instrument unless accompanied by the written consent of:

  • every person having a registered interest in any land that is burdened by the easement or covenant (i.e. mortgagees, chargees and lessees)
  • every caveator of any land burdened by the easement or covenant
  • every person having a registered interest in any land that is benefited by an easement or covenant (i.e. mortgagees, chargees and lessees)

and

  • every caveator in respect of any land that would be benefited by the easement.

If after lodgement and before registration of the easement, the encumbrances on the land have been modified then the consents must be amended to reflect the current status at the time of registration of the plan. The consents will be attached to the application document that registers the Strata/Survey-Strata Plan.

4.6 Restrictive Covenants (formerly section 6.11 of the practice manual)

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. These types of covenants can be between lots within a strata/survey-strata scheme or benefits may be given to land outside the scheme. They may be created by notation on the Strata/Survey-Strata Plan by using Part IVA (section 136D) of the TLA.

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

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).

Section 129BA of the TLA enables restrictive covenants to be created for the benefit of government agencies, even if the benefit would not be in respect of land. As a condition of subdivision a local government may impose a restriction to prevent access onto all or part of an abutting road (see Survey and Plan Manual Chapter 14.27). The surveyor should clearly mark the portion of the road boundary affected with capital letters such as A and B to indicate where the restriction is to apply and the covenant is to be endorsed in the Interests and Notifications schedule (see Plan Example 49).

A local government may also 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 came into operation on 1 July 2009 and allows Road Access Conditions, imposed by WAPC, to be endorsed on Strata/Survey-Strata 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.

5 Requirements for Registration of Scheme Plan  (formerly section 13.1 of the practice manual)

An application to register a Strata/Survey-Strata Plan can only be lodged at Landgate once the plan is placed “In Order for Dealings”. Unless the Strata/Survey-Strata Plan and documentation are lodged under Landgate’s Lot Synchronisation process (see section 5.1 and Figure 9 in Appendix A).

Changes to the registration process introduced in July 2005 (see STP-07 The Role of Government Agencies sections 3 and 7 and section 3.10 of this guide) made it necessary that all plans whether Strata/Survey-Strata; Re-subdivision or consolidation be lodged and audited to a registerable standard prior to any application being lodged.

An application to register the plan must be accompanied by the duplicate Certificate of Title for the original land parcel along with any forms and additional documents necessary for registration. Such forms may include Forms 3 and 7 of the STGR. Additional documents may include:

  • a Management Statement
  • an Application to modify a Restrictive Covenant

or

  • an Application to vary or discharge an Easement.

All specific pre-requisites to register a plan will be noted on the Strata/Survey-Strata Plan. The Surveyor will be notified once the plan is placed “In Order for Dealings” and agents acting for the owner should obtain a copy of the plan prior to any attempt to lodge a TLA Application A8 to register the plan.

  • Note

Since 11th May 2011, all Strata/Survey-Strata Plans lodged have the Registrar's Seal applied electronically at the time the plan is registered.

5.1 Lot Synchronisation (formerly section 13.1.1 of the practice manual)

In June 2010, Landgate introduced a process known as Lot Synchronisation (Lot Sync) whereby it allows the lodgement of Strata/Survey-Strata plans, together with the documents required to issue the new certificates of title.

Lot Sync WAS initiated by Landgate as part of its commitment to improve the supply and availability of land to market. It is intended to align Landgate with other agencies, utilities and stakeholders with regard to the registration of new lots. Using the Lot Sync process to lodge a Plan ensures Certificates of Title will be issued as close as possible to the WAPC endorsement date for the plan of subdivision.

Lot Sync is voluntary and is intended as an alternative method for parties to lodge Plans and documents; it does not replace the normal lodgement process

5.1.1 Lot Sync Business Process

When lodging Plans using Lot Sync (see Figure 9 in Appendix A), all registration documents (except for the production of the duplicate certificate of title) must be lodged within five working days after the Plan is lodged. The duplicate certificate of title must be produced prior to the Plan being placed In Order For Dealings.

5.1.2 Lot Sync Rules

Lodgement of Plans

  • Request to lodge under Lot Sync must be noted by choosing “YES” from the dropdown box in ePlan Lodgement in My Landgate.
  • Indicating “YES” at item 3.1 on the Surveyors Report.
  • Release Letter (where applicable) lodged with the plan or as soon as possible after lodgement of the plan.
  • Inclusion of a list of relevant documents, to be lodged by the conveyancer, with the Surveyors Report.
  • For Strata Plans, Forms 3, BA12 or BA16 and 26 (if applicable) must also be submitted at Plan lodgement.

Lodgement of Registration Documents

  • All required registration documents, including the Application for Title, to complete the issue of titles by the Registrar must be lodged at Landgate within five working days of the Plan lodgement. If the registration documents are not lodged at Landgate within that time, the Plan will not be processed as Lot Sync.
  • A signed letter of acknowledgement for the document registration date must also be submitted by the lodging party (see Figure 9A in Appendix A).

5.1.3 Costs

  • Under Lot Sync the normal lodgement fees for both Plans and registration documents will be applied.
  • Any Plan and registration document errors will be subject to the normal requisition fees as per the published schedules.
5.2 Requests to Expedite the Processing of Plans and Documents (formerly section 13.1.2 of the practice manual)

Landgate has had a longstanding policy where customers or their representatives could request that a plan and/or document (outside of Landgate’s existing Fast Track process) be expedited provided the request was supported by evidence of:

  • a pending settlement (e.g.: a signed offer and acceptance)

or

  • a written submission clearly identifying the circumstances for the request (e.g.: financial hardship).

A review of the existing policy was undertaken to clarify the circumstances in which consideration will be given to the expedition of the processing of documents and plans as well as the supporting evidence required.

The outcome of this review is the:

Requests to Expedite The Processing of Plans and Documents Policy

This new policy replaces all existing policies and is designed to provide fairness and equity to all parties while enabling decisions relating to the expedition of plans and documents to be made in an accountable and transparent manner. It is also important that all associated decisions are properly documented and regularly audited.

The new policy specifies the following:

  • All requests for priority must be made in writing (including fax and email) addressed to the Registrar of Titles.
  • Priority for the processing of documents or plans may be approved by the Registrar or a delegated officer of the Registrar in circumstances where:
  • the written consent of all parties that have a direct interest in the dealing is obtained;

and

  • it is demonstrated that:
  • a party to the dealing will experience financial hardship if the documents or plans are dealt with in Landgate’s standard turnaround times;

or

  • the contract/s specify a definitive date for settlement.
  • For all requests to expedite documents or plans the following evidence requirements apply:
  • a detailed written explanation as to the circumstances of the matter

and

  • a signed letter of consent from each party that has a direct interest in the dealing.

The following additional evidence is also required dependent upon the basis for the request:

  • Financial Hardship:
  • any evidence that may substantiate a claim of financial hardship including such items as copies of correspondence from financial institutions (which may take the form of an original, photo or faxed copy of a letter on the financial institutions letter head)

and / or

  • an original statutory declaration from the person making the request (a photo or faxed copy of a statutory declaration will be accepted with the request to expedite the processing of plans and documents, but the original signed declaration must be forwarded to Landgate within 2 working days).

Any statutory declaration made must clearly set out the reasons for and the details of the financial hardship.

  • Definitive Settlement Date:

A certified copy of the “offer and acceptance” clearly showing the definitive settlement date, this can include a copy of the signed application for the issue of new titles in relation to a plan (the offer and acceptance can be certified by a person eligible to witness a statutory declaration in Western Australia).

  • The evidence provided for expediting a plan will also be sufficient evidence to give priority to the issue of new titles.
5.3 Lodgement and Registration Procedures at Landgate (formerly section 13.2 of the practice manual)

Plans are to be lodged in PDF form (see STP-06 Obtaining Approvals section 8 and section 1.3 of this guide) via the online ePlan Lodgement application in MyLandgate and must be supported by a pre-allocated plan number. See Appendix D. Surveyors (or agents) must also complete a Survey Lodgement Self-Assessment in PDF form. This procedure requires the lodging party to self-assess the required fees (automatically calculated by PDF form) and lodge the form at the same time as lodgement of plan at Landgate.

  • Note

As of May 2011, Landgate stores all new Strata/Survey-Strata Plans lodged for registration electronically. New Strata/Survey-Strata Plans will carry the following notation:                                                                                                                                                                                               "HELD BY LANDGATE IN DIGITAL FORM ONLY"

Existing registered hardcopy plans will be stored electronically when re-subdivisions, consolidations, mergers, conversions and replacement plans for acquisitions and takings are lodged.

A Surveyors Report must also accompany all Strata/Survey-Strata plans to show the “Intention of the Plan” and in particular show any conveyancing issues required to register the plan. In the report, Surveyors must outline such matters as:

  • surrender/ extinguishment/ modification/ variation/ discharge of easements, covenants or other interests
  • termination of strata schemes
  • forms lodged with the plan and delegation of WAPC approval.

Surveyors are advised that if information has been provided by a Landgate officer, the specific nature of that information must be detailed at Item 2.8 of the Surveyors Report with that officer’s name and date the information was given.

All Survey-Strata Plans must be accompanied by a separate digital data file in the cadastral survey data (CSD) format. For CSD requirements refer to Appendix 5 of the Survey and Plan Practice Manual.

The lodgement of Field Books for Strata/ Survey-Strata Plans (see STP-02 Lots section 4.1 and section 3.7.1 of this guide) is compulsory and must coincide with the lodgement of the Plan. The onus is on the Surveyor to ensure there is no delay in providing the Field Book as it is an essential requirement and allows the plan to be processed for auditing. Surveyors are advised that Strata/Survey-Strata Plans lodged with Landgate, which require a field book will not be audited until that field book has also been lodged. Plans without the necessary field book(s) will lose priority and be given a status of “Stopped” on SmartPlan.

Although field books are not always audited in detail, some elements are always cross matched with the plan. Surveyors cannot assume the registered Field Books from previous Surveyors are sufficient to support their Strata/ Survey-Strata Plan.

After lodgement, the Strata/Survey-Strata Plans are entered onto Landgate computer records via SmartPlan. An electronic image of each plan (excluding re-subdivisions and consolidations) is provided and the status “Lodged Subject to Examination” is recorded for searching purposes.

Once the plan has been audited, in accordance with the STA, STGR, various other legislations and the Strata Titles Practice Manual, it is placed “In Order For Dealings” provided there is no requirement for the WAPC approval (see STP-07 The Role of Government Agencies section 3).

Survey-Strata Plans, Vacant Lot Strata Plans and Built Strata Plans requiring WAPC approval that have not been delegated to local government will display a status of “Examined” pending the submission of a Release Letter or “Examined and sent to WAPC”. When the WAPC has approved and endorsed the plan it is emailed back to Landgate and placed “In Order For Dealings”.

Built Strata Plans requiring WAPC approval and delegated to local government will be examined and placed “In Order for Dealings” subject to lodgement of necessary certificates (Form 3, Form 26, BA12 and BA16).

Any requirements that must occur before the plan can be registered will be noted on the plan in the In Order for Dealings panel e.g. Creation of easements, modification of Restrictive Covenant, approval of parent Deposited Plan or termination of prior strata scheme etc.

In relation to encumbrances affecting the parcel, prior to registration of the Strata/Survey-Strata Plan the following should be noted:

  • Mortgages, charges, leases and caveats of the whole of the land in the parcel will be brought forward and shown on the title for every lot on the plan.
  • Mortgages, charges and leases of part of the land in the parcel should be removed before the registration of the Strata/Survey-Strata Plan can be completed. However, it is possible to bring forward a mortgage as to portion only provided the mortgagee acknowledges the loss of its power of sale over the whole parcel.
  • Caveats as to a portion of the parcel should be withdrawn unless it can be shown that the land affected by the caveat can be defined. In the latter case, the caveat will be brought forward on the title to the particular lot or lots affected by the caveat.
  • Restrictive covenants are brought forward only on the Strata/Survey-Strata Plan.

Easements will be treated in the following manner:

  • Where there are easements which are over common property and common property lots those easements will be brought forward on to the Strata/Survey-Strata Plan only.
  • Easements affecting part lots outside the building on a Strata Plan or affecting a lot or lots on a Survey-Strata Plan will be brought forward on the plan and shown as an encumbrance on the relevant title.
  • An easement which affects a building on a Strata Plan must be removed or varied to the extent necessary to free the building from that easement unless the nature of the easement is consistent with the use of the part of the strata lot encumbered.

On the registration of the Strata/Survey-Strata Plan, separate titles are automatically issued for each lot on it in the name of the applicant. No separate application for titles is needed. No titles are created and registered for common property in Strata Plans or for common property lots in Survey-Strata Plans.

Where the parent title is held by tenants in common, a disposition statement (form 22 of STGR) may accompany the Application A8 to register a Strata/Survey-Strata Plan to distribute ownership of the new Lots among the tenants in common. Joint tenants cannot use a disposition statement to distribute ownership of new Lots. To break the tenancy a transfer to “Tenants in Common” must be registered prior to the Application and Disposition Statement for the Strata/Survey-Strata Plan.

5.4 Title Registration Forms (formerly section 4.8.3 of the practice manual)

These are forms used to register Strata/Survey-Strata Plans, to apply for new titles on a plan or diagram or to register land transactions at Landgate. They can be downloaded from Landgate's website.

5.5 Strata Forms (formerly section 4.8.1 of the practice manual)

Strata and Survey-Strata Plans must be lodged at Landgate as PDF files. An e-Plan Kit is available from the MyLandgate Survey Channel which contains relevant templates for Strata/Survey-Strata Plan lodgements. Surveyors are encouraged to use these templates when preparing plans as they include Chapters consistent with the Standard Plan Process. Provision has been made for digitally signed Certificates by Surveyors and Valuers.

Surveyors are able to prepare forms based on the e- Plan Kit by electronic means as described above and in a form approved by the Registrar of Titles.

Where Forms 3, 5, 6, 35, 36 and 38 (as set out in the STGR) are required as part of the plan Landgate will only accept an “interactive” PDF (i.e. file that has form fields and a digital signature). Forms 3, 5, 6, 35 & 38 may be incorporated into the appropriate Plan sheet if possible.

Landgate will accept a “scanned” signed copy of the BA12 or BA16 and Form 26 lodged as a PDF file. Surveyors are advised that the original archival hardcopy of these forms can be produced on any “white print quality” paper, and that “goatskin parchment” is not required.

It is the Surveyor’s responsibility to ensure that the legibility of the scanned signed copy of BA12, BA16 and Form 26 is sufficient to meet Landgate’s scanning requirements; otherwise the forms will be rejected.

All other forms including forms 25, 27, 30, 31, 32, 33 and 37 as set out in the STGR should be prepared on white A4 size 90 gsm paper and be attached to or form part of a B4 or B2 cover sheet (TLA document forms available for download from Landgate’s web site).

Although not a Form prescribed by the Strata Titles General Regulations 1996, the BA12 and BA16 (Building Commission certificates) are required to enable registration of the plan and will become part of the strata plan upon registration.

The BA12 and BA16 are to be lodged electronically via the ePlan Lodgement application on the MyLandgate Survey Channel, as PDFs, either with the plan (preferred) or later when the application to register the plan is lodged.

5.6 Permit Authority Certificate (formerly section 11.6 of the practice manual)

All Strata Plans must have either a BA12 - Occupancy Permit or BA16 - Building Approval Certificate, granted by the Permit Authority (Local Government), and lodged as part of the plan to enable registration of the plan and the issue of certificates of title for the lots contained therein (see Plan Example 1 and Plan Example 24).

After the building is complete and a Notice of Completion (BA7) has been lodged with the Permit Authority, an application (BA11 or BA15) can be lodged with the Permit Authority for the granting of an Occupancy Permit or a Building Approval Certificate depending on what type of class the building or structure is.

Landgate receives all BA12 and BA16 forms electronically as a scanned PDF document, either with the plan or after the plan is IOFD prior to the application to register the plan is lodged. It is the owner's responsibility to provide their Licensed Surveyor or Conveyancer with a legible BA form

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

  • the correct Strata Plan Number and Lot on Survey details
  • indication of the approval requirements by the WAPC – Yes or No

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 Occupancy Permit (OP)or a Building Approval Certificate Strata (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.
  • Landgate will not accept forms with stamps such as “Owners Copy” or “Builders Copy” affixed.
  • 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.

Details on how the BA12/BA16 will be accepted at Landgate are set out in STP-07 The Role of Government Agencies section 7.

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.

5.7 WAPC Certification Form 26 (formerly section 11.7 of the practice manual)

Strata plans that do not fit the exemption criteria, as specified in regulation 15 of the STGR, must be accompanied by a certificate (Form 26) endorsed correctly by Local Government (delegate under section 16(3)(e) of the P&D Act 2005) or the WAPC (not delegated) (see STP-07 The Role of Government Agencies section 3).

Form 26 certificates are not considered to be part of the strata plan. The Form 26 should be separate from the Location Plan (see Plan Example 53).

  • Note

For instances where the WAPC does not delegate its powers for approval to local government, the Form 26 can be incorporated into the Location Plan (see Plan Example 11).

Surveyors have the choice of the following options:

  • lodge the Form 26, Form 1C and BA11 Application for Occupancy Permit or BA15 Application for Building Approval Certificate (prepared and signed by the owner/developer) at the local government. Wait for the signed Form 26 (along with the signed BA12 Occupancy Permit or BA16 Building Approval Certificate) to return from the local government and lodge at Landgate as a scanned PDF with other forms of the strata plan

or

  • lodge the strata plan at Landgate and at the same time send the Form 26 and Form 1C (with the BA11 Application for Occupancy Permit or BA15 Application for Building Approval Certificate) to the local government. In this option, Landgate will conduct an audit of the strata plan and sign it “In Order For Dealings” subject to lodgement of Form 26 and BA12 Occupancy Permit or BA16 Building Approval Certificate.

Surveyors should note on the Surveyors Report whether a strata plan is subject of the delegation and if the Form 26 is lodged with the strata plan.

Effectively, this removes the strata plan from the Standard Plan process (see Appendix A Figure 7). From a surveyor’s accountability perspective, it is still Landgate’s preference that final strata plan approval by either the local government or the WAPC be based on a Landgate audited Examined copy of the plan.

5.8 Easements over Encroachments and Easements of Support (formerly section 6.5 of the practice manual)

Section 22 of the STA provides that where part of a strata development, such as a roof, wall or building foundation is built upon adjacent land, an appropriate easement for that part of the roof, wall or foundation which encroaches onto that other land must be put in place before registration of the Strata Plan may proceed.

One of the appropriate easements is an easement of support for the part of the building erected on the dominant tenement for that portion of roof, wall or foundation of the said building erected upon the servient tenement. This type of easement recognises that that portion of the roof, wall or foundation belongs to the owner of the servient tenement. 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 executed and dated prior to the date of the licensed surveyor’s certificate (section 22 (i) (c) (iii)) and must be lodged for registration before the application for registration of the Strata Plan.

In the case of an easement for support from part of a wall or building on the servient tenement, the easement document must be lodged with, but preceding the application for registration of the Strata Plan. Surveyors must ensure that the easement is granted prior to them signing a Form 5 of the STGR.

5.9 Cancellation of a Strata/Survey-Strata Plan (formerly section 21.7 of the practice manual)

For various reasons existing Strata/Survey-Strata Plans occasionally need to be cancelled:

  • If a land owner has had a survey carried out to create a Strata Scheme and then decides that the scheme should not proceed, a written request to cancel the Strata Plan is required from the owner/s to the Supervisor, Strata Plan Audit, Landgate.
  • If a previous Strata Plan was lodged but never registered (Application for new titles never lodged) and a new Strata 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 Strata Plan must be cancelled.

The Surveyors Report (Chapter 2.5) can be used to request the cancellation of the redundant Strata Plan.

Any Authority that has an interest that would have been automatically created upon registration of the Strata/Survey-Strata Plan 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 Strata Plan is cancelled and SmartPlan is updated to show a status of "Cancelled". The Strata Plan is stamped to show Cancelled on all sheets.

The following Authorities are notified by letter of the cancellation:

  • WAPC (Department of Planning)
  • Local Government
  • Valuation Services of 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 Strata/Survey-Strata Plan.

6 Requirements for Registration of Amendment of Scheme Plan

6.1 Acquisition of Additional Common Property (formerly section 18.1 of the practice manual)

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

and

  • common property may also be acquired by lease of contiguous land.

The additional land may then become a lot or part of a lot by either re-subdivision or merger depending on the nature of the acquisition and the date when the Strata/Survey-Strata plan was registered.

6.2 Purchase and Amalgamation of Closed Roads or Crown Land (formerly section 18.2 of the practice manual)

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

DoL 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, DoL is obliged to offer the land at a price set by the Valuer General’s Office.

A licensed Land Surveyor must prepare sketch plans showing the location of the road and the future allocation of the closed road with adjoining land. This will assist the Valuer Generals Office in providing valuation advice to DoL and determining a purchase price.

On agreement by the adjoining owners to pay the purchase price and all costs and fees for the closed road and any required easements are agreed upon and prepared, the Minister for Lands can approve the closure.

DoL will then finalise the Road Closure Order and Conveyance and Amalgamation Order and lodge them at Landgate for registration to occur.

Similar processes apply where there is an application to DoL for amalgamation of any portion of Crown land with the parent lot of a strata scheme. Surveyors will need to arrange with DoL for instructions to prepare a Deposited Plan show the “Land for Amalgamation” and a new compiled Lot for the existing Lot and the land being amalgamated.

6.3 Registration Procedures for Amalgamation of a Closed Public Road or other Crown Land (formerly section 18.3 of the practice manual)

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 Land Administration Act, 1997. 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.

Surveyors are required to lodge a replacement plan as a new version, with the Version/Amendment table showing the notation:

"REDEFINITION AFTER ACQUISITION OF COMMON PROPERTY - SEE DOC......",

depicting the new boundaries of the strata/survey-strata scheme after the acquisition of common property, including the new parent lot details in the "PLAN OF" heading.

In the case of Strata Plans, this will require a replacement Location Plan only. This plan should depict all the latest abuttal and offset (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 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 depicting the new CP Lot details will be required (see Plan Example 58). No field book will be required to be lodged with the plan as it will most likely be a compiled plan. The field book numbers shown on this plan can be the field book for the parent Deposited Plan and/or other field books used in its compilation.

On registration, the additional land will become common property in the case of a Strata Plan. A merger, survey-strata conversion or re-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.

Where additional land becomes common property in a Survey-Strata Plan the land included is allocated the letters “CP” followed by the Lot number which is greater by one than the highest number of any Lot within the scheme. A re-subdivision of the scheme may follow where the CP Lot is to be distributed or developed.

  • Note

The Replacement Plan will attract a replacement plan fee as per Schedule 1 FEES of the Strata Titles General Regulations 1996.

6.4 Amalgamation of Closed Private Roads or Ways (formerly section 18.4 of the practice manual)

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 Land Administration Act, 1997 and regulation 6 of the Land Administration Regulations 1998 are similar to those described in Chapter 18.2 and Chapter 18.3 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.

The procedure for inclusion by legal documentation is somewhat complex. The registered proprietor of the land can take action to close the ROW. This closure requires extinguishment of the rights of other land owners to use the ROW. This is achieved by obtaining the consents from the land owners (and mortgagees, and caveators) who have rights to use the ROW.

An application for the closure of the ROW together with these consents can then be lodged at Landgate. The closure will then be recorded on the title for the ROW. The resulting unencumbered land is then transferred to the strata company and becomes common property.

Surveyors are required to lodge a replacement plan as per section 6.3.

As the additional land is common property, merger, survey-strata conversion or re-subdivision is needed to enable this common property to become part of the lots.

Where additional land becomes Common Property in a Survey-Strata scheme, the land included is allocated the letters CP followed by the lot number which is greater by one than the highest number of any lot within the scheme.

Another (rarely used) method of closure is to apply to the Supreme Court to seek an order to close a portion of a private road or way.

6.5 Acquiring Additional Land by Transfer (formerly section 18.5 of the practice manual)

Under section 18 of the STA, 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.

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”. The strata company must follow the requirements of section 18 of the STA, which eventually results in the lodgement of a Replacement Plan as per Chapter 18.4, to reflect the additional land in the scheme (see Plan Example 63).

In the case of a Survey-Strata Plan the acquired land will be allocated the letters “CP” followed by the lot number which is greater by one than the highest number of any lot within the scheme including common property lots (see Plan Example 41). A re-subdivision of the scheme may follow in order to adjust lot boundaries (see section 6.9).

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 of the land being transferred
  • an application for a new title for the residue/balance lot (if any)

and

  • a certificate from the strata company (STGR Form 13) which certifies that the resolution was passed.
6.6 Conversion of Lots to Common Property (formerly section 18.6 of the practice manual)

Section 10 of the STA permits a lot within a scheme to be transferred to the strata company as additional common property. It is only possible to convert whole lots into common property. The strata company must call a duly convened meeting at which a resolution without dissent is passed agreeing to convert a lot or lots into common property provided the scheme consists of three or more lots. This action does not require a surveyor to prepare a plan.

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 local government (STGR Form 9)

and

  • a certificate from the strata company agreeing (STGR Form 10) to the transfer.

On registration of the documents the Strata Plan will be amended to reflect the changes. The unit entitlement of the converted lot is cancelled, and 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 the lot number which is greater by one than the highest number of any lot within the scheme including common property lots (see regulation 19 of STGR).

6.7 Transfer of Part of the Common Property (formerly section 18.7 of the practice manual)

Section 19 of the STA permits land that is common property to be transferred by the strata company separately from the scheme. A deposited plan will be necessary to define the land to be transferred.

A duly convened General Meeting of the strata company must be held and a resolution without dissent or unanimous resolution in the case of a two-lot scheme passed agreeing to the transfer.

The portion of common property to be transferred must be defined by an approved survey. It is not possible to transfer part of the common property by description or sketch on transfer.

As an example of how to prepare the transfer, the land description and transferor panels of the document would contain the following information:

“Land: All that part of common property in Strata Plan 60000 as is comprised in Diagram 61616.”

Whereas in the case of a Survey-Strata Plan:

“Common property Lot 6 (CP) in Survey-Strata Plan 60000 as is comprised in Diagram 61616.

Transferor: The Owners of 18 Hay Street, Perth, Strata Plan 6000 of 18 Hay Street, Perth.”

The transfer must be accompanied by a Certificate (STGR Form 14) stating the necessary resolution was passed and that the appropriate consents were obtained. This certificate must be dated and sealed by the strata company.

Where common property on a Strata Plan or a common property lot on a Survey-Strata Plan being transferred comprises only part of the land in a deposited plan, then the transfer must be accompanied by an application for a new title for the residue/balance lot created. This application should be made using a TLA Form A6. The duplicate certificate of title (if any) for the other land owned by the applicant must be produced.

Where the common property or common property lot being transferred is the whole of the land in a plan or diagram of survey, an application (TLA Form A6) is not required to accompany the transfer.

On approval of the deposited plan, Surveyors are required to lodge a replacement plan as a new version, with the Version/Amendment table showing the notation

"REDEFINITION AFTER DISPOSAL OF COMMON PROPERTY - SEE DOC......"

depicting the new boundaries of the strata/survey-strata scheme after the disposal of common property, including the new parent lot details in the "PLAN OF" heading.

In the case of Strata Plans, this will require a replacement Location Plan only. This plan should depict 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 depicting the amended details of the existing CP Lot will be required. No field book will be required to be lodged with the plan as it will most likely be a compiled plan. The field book numbers shown on this plan can be the field book for the parent Deposited Plan and/or other field books used in its compilation (see Plan Example 60).

  • Note

The Replacement Plan will attract a replacement plan fee as per Schedule 1 FEES of the Strata Titles General Regulations 1996.

As a survey is required for the portion being transferred, the consents from the WAPC required by section 19(10) of the STA will be deemed to have been obtained when the deposited plan has been approved by the Inspector of Plans and Surveys.

6.8 Subdivisions Involving Strata Schemes (formerly section 18.8 of the practice manual)

If a “multiple owner” freehold subdivision involves the transfer of a lot, or part of a lot, in a strata scheme the affected strata lot, or portion, must first be converted into common property before being transferred out of the strata scheme.

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

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

  • If only common property is involved in the land being transferred (in or out) then a new deposited plan showing the new freehold lots is to be lodged as in a normal subdivision. Landgate will amend the existing Strata/Survey-Strata Plan to reflect the change.
  • 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 scheme then the scheme must be terminated, or a Strata/Survey-Strata Plan of re-subdivision 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 into a strata scheme is to be included in a particular strata lot, the land must first be included in the strata scheme as common property by a freehold subdivision plan followed by a Strata/Survey-Strata Plan of re-subdivision. This procedure also applies to amalgamations of Crown land with strata schemes (see Plan Example 41).
6.9 Re-subdivision of Strata Plans (formerly section 17.1 of the practice manual)

Sections 8, 8A – 8C STA deal with Re-subdivision of schemes while section 9 STA deals with consolidation of lots within a scheme. Strata plans may be re-subdivided to reflect changes that have been agreed to by the strata company. These types of plans are for boundary re-alignment, depicting a new building on a vacant lot, showing building additions on a lot or the creation of new lots from a lot or from common property or a combination of those variations.

Surveyors and Valuers alike must use the terminology “re-subdivision” (see section 8 STA) instead of the term “subdivision” as previously described in the original 1985 Act (see Plan Example 33).

The plan of re-subdivision lodged for registration must include:

  • the location plan depicting any new buildings or additions
  • the floor plan showing the newly created lots
  • the certificate of a licensed surveyor (where necessary)
  • the schedule of unit entitlement of all the lots certified by a licensed valuer

and

  • the provision for certificates from the local government (BA12 Occupancy Permit or BA16 Building Approval Certificate and unless exempt from WAPC approval a Form 26 signed under delegation; where delegation has not been given, the WAPC will endorse the Form 26).

When the re-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 re-subdivision. Therefore, any lots that are affected by the re-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 scheme.

A common error by licensed Valuers when preparing the schedule of unit entitlement (Form 3 STGR) is the failure to describe all the lots and buildings within the scheme. Valuers often simply describe the lots that have been re-subdivided and only describe the new building(s) within the scheme. The comparison of unit entitlement is necessary for the entire scheme after re-subdivision or subsequent re-subdivisions (see Plan Example 33).

The re-subdivision plan is an addition to the existing plan and retains the same plan number. On registration of the re-subdivision the subdivided lots and common property are marked to record the changes and new titles are issued for the newly created lots. This recording of the transactions results in the Strata Plan and schedule of unit entitlement defining the current situation and the previous history.

The staged schemes described in STP-11 Scheme By-laws section 4 are a pre-determined application of re-subdivisions.

6.10 Plans of Re-subdivision of Strata Plans (formerly section 17.2 of the practice manual)

The drafting and surveying requirements for a Strata Plan of re-subdivision are the same as for preparing a normal Strata Plan. Section 8A (b) and (c) of the STA specifies the need for a floor and location plan. This means a new floor plan is needed to show any new lot boundaries, but if there is no change to the outline of the building or part lots external to the building on the existing location plan, there is no requirement for a new location plan.

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.

Where a registered Strata Plan is endorsed with section 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, the following should be considered. Where a “Permitted Boundary Deviation” does not apply (see regulation 37A STGR), Surveyors may override section 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.

Lot numbering must run sequentially as stated in regulation 6 (1).

6.11 Drafting Guideline (formerly section 17.3 of the practice manual)

Most drafting guidelines for re-subdivisions are common to all plans under the STA. These have been recorded in section 1. Other drafting matters specific to Strata Plans are recorded in section 2. So, for drafting requirements for re-subdivision of Strata Plans, this chapter should be read in conjunction with chapters 10 and 11.

Floor plans of re-subdivision must show the relevant section of the STA that apply to the scheme i.e.: Sections 3AB; 3(2)(a) or 3(2)(b). It is no longer acceptable that building definition will automatically default to the inner surfaces of the walls i.e.: section 3(2)(a).

Also, where a floor plan is stamped with the provisions of section 3AB, Surveyors must bring forward this notation in accordance with the wording set out in the STGR (see Plan Example 28).

6.12 Surveyor’s Certificate (formerly section 17.4 of the practice manual)

Strata Plans of re-subdivision must be accompanied by a surveyor’s certificate (STGR Form 5) which reflects the information depicted on the plan. The “Description of the Parcel & Building” should be completed as stated on the title for the parcel and should further state a description of the re-subdivision and buildings that were re-subdivided, e.g.

“Lot 50 on Plan 12345.

Re-subdivision of Lot 2 and common property.

A single storey brick and tile residential building”.

Since the introduction of the “Surveyors Certificate – Reg 54” on 24 January 2006, Surveyors must now certify their Plans with that Certificate (see STP-02 Lots section 1 and section 2.4 of this guide).

In the case of a staged development, where there is a registered management statement setting out the proposed completed development, the surveyor must also certify at (d) that the plan of re-subdivision complies with regulation 36 of the STGR (see Plan Example 35).

If the original Strata Plan does not have a Management Statement setting out re-subdivisional information, then the Surveyor must either rule out or delete (d) from the certificate (see regulation 13(4)(b) of the STGR).

If the Strata Plan does have a Management Statement and regulation 36 of the STGR cannot be complied with, then the Surveyor must rule out or delete (d) in the certificate. Consents must then be obtained in order to register the re-subdivision. Should an amendment be required to a bylaw in a Management Statement in order to comply with regulation 36 of the STGR the appropriate action should be carried out prior to the lodgement of the re-subdivisional plans with Landgate.

The addition of a certificate under regulation 54 of the Licensed Surveyors (General Surveying Practice) Amendment Regulations 1961 on the plan does not negate the requirement of a Form 5 of the STGR to be included in the plan.

6.13 Permit Authority Certificate (formerly section 17.5 of the practice manual)

All Strata Plans of Re-subdivision must have a BA12 Occupancy Permit or a BA16 Building Approval Certificate granted by the Permit Authority (Local Government) and lodged as part of the plan to enable registration of the plan and the issue of certificates of title for the lots contained therein.

Where the re-subdivision involves the creation of vacant Lots only and no buildings have been affected the Local Government should sign the BA12 or BA16 as if in relationship to the buildings for the entire scheme.

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 section 5.6 for key requirements and standards required for BA12 and BA16 forms.

6.14 Consolidation of Strata Lots (formerly section 17.6 of the practice manual)

Consolidation is the amalgamation of 2 or more lots into one lot. The relevant plans and accompanying certificates become part of the original plan. Strata plans of consolidation depict the consolidated lot. 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).

The consent of the local government is required in the prescribed Form 18 of the STGR and must accompany the plan of consolidation when lodged at Landgate. Unless exempt from WAPC approval, the plan of consolidation must also have a Form 26 endorsed by the local government under delegation from the WAPC. Where no delegation given, the WAPC will endorse the Form 26.

Surveyors must certify their Plans with the Surveyors Certificate- Regulation 54 (see STP-02 Lots section 1 and section 2.4 of this guide). There is no requirement for a Licensed Valuers Certificate to accompany the plan, as section 9 of the STA enables the Registrar of Titles to amend the Strata Plan and unit entitlement by adding together the unit entitlement of the lots. Occasions have arisen however where a Valuer has supplied a Certificate to accompany the consolidation plan.

Consolidation Plans are rarely used as; in most instances some common property is involved, resulting in a re-subdivision rather than consolidation.

6.15 Merger Sketch Plans and Conversion to Survey-Strata Plans (formerly section 17.7 of the practice manual)

The merger and conversion options enable lot owners in a strata scheme registered before 1 January 1998 to add common property land or buildings or both to lots or to convert such Strata Plans to Survey-Strata Plans with survey-strata and common property lots. Plans of this type are not processed through the normal approval channels. In most cases a licensed surveyor certifies that these types of plans meet certain planning and building requirements. These provisions provide an opportunity to change boundaries to reflect perceived ownership of such lots. These plans are described in STP 13 Merger of Common Property and Lots in Certain Strata Schemes and STP-14 Conversion of Strata Schemes to Survey-Strata Schemes.

6.16 Re-subdivision of Survey-Strata Plans (formerly section 17.8 of the practice manual)

Survey-Strata Plans may be re-subdivided to reflect changes that have been agreed to by the strata company. All Survey-Strata Plans of re-subdivision must be processed in accordance with Part 10 of the P & D Act 2005 (formerly Part III of the TP & D Act) which means full referral to government agencies. These types of plans are for boundary re-alignment, the creation of new lots from a “super” lot or common property lots, or a combination of those actions.

These types of plans follow much the same principles as a Strata Plan of re-subdivision with the following variations. Survey-Strata Plans of re-subdivision 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 lots on re-subdivision (see Plan Example 44).

The re-subdivision plan lodged for registration must have:

  • a surveyed plan of the re-subdivision
  • a certificate under regulation 54 of the Licensed Surveyors (General Surveying Practice) Regulations 1961
  • a certificate from a licensed surveyor (Form 6) where necessary
  • a schedule of unit entitlement certified by a licensed valuer

and

  • provision for a certificate of approval from the WAPC.

Form 6 on Survey-Strata Plans of re-subdivision is only required where the plan has an existing Management Statement and there is a requirement at (b) to provide evidence that the plan does comply with regulation 36 of the STGR (see Plan Example 44).

The drafting requirements and conventions for re-subdivision of Survey-Strata Plans are the same as for the normal preparation of a Survey-Strata Plan, as set out in section 1 and section 3.

The re-subdivision causes new lot numbers to be created superseding the previous lot numbers and any numbers allocated to common property lots. The re-subdivision is an addition to the existing plan and retains the same plan number.

On registration of the re-subdivision, the original subdivided lots and common property lots (if any) have notations placed on them (on the existing plan sheet) that they are now superseded (or partly superseded). New titles are issued for the newly created lots. No title will be issued for common property lots. In the above proceedings the lot numbers must be sequential. See regulation 6(1)(a) of the STGR.

A common error by Licensed Valuers when preparing the schedule of Unit Entitlement (Form 3 – STGR) is the failure to describe all of the lots within the re-subdivision scheme. All remaining existing lots as well as the new lots being created are to be valued.

6.17 Consolidation of Survey-Strata Lots (formerly section 17.9 of the practice manual)

Lots in Survey-Strata Plans can be consolidated into one lot. Survey-Strata Plans of consolidation must depict the lots that have been consolidated (see Plan Example 39). Like consolidation of Strata Lots (see section 6.14) there is the requirement for the Surveyor to certify the plan by adding a “Surveyors Certificate – Reg 54” to the plan (see STP-02 Lots section 1 and section 2.4 of this guide).

There is no requirement for a Valuers Certificate to accompany the plan as section 9 of the STA enables the Registrar of Titles to amend the Survey-Strata Plan and to add the unit entitlements together. There is a requirement for WAPC approval and after audit the survey-strata plan is forwarded to the WAPC for final endorsing. See STP-12 Schemes and Amendment of Schemes section 9 for all registration requirements for consolidations.

6.18 Creating Roads and Widenings (formerly section 17.14 of the practice manual)

The commencement of the P & D Act on the 9th April 2006 has for the first time enabled the automatic creation of roads, road extensions and road widenings on plans of re-subdivision (see Plan Example 54).

For re-subdivision of a Strata Plan, Surveyors should follow the guidelines as set out in section 2.9. Where the creation of roads involves a re-subdivision of a Survey-Strata Plan, Surveyors should refer to section 3.8. An application to register the plan of re-subdivision will cause the road or widening to become dedicated.

6.19 Creating Vesting Lots (formerly section 17.15 of the practice manual)

The ability to create vesting lots under section 152 of the P & D Act has been extended to include plans of re-subdivision. Surveyors should refer to the guidelines and procedures as set out in section 1.18 for both Strata Plans and Survey-Strata Plan

6.20 Management Statements for Staged Schemes (formerly section 7.4 of the practice manual)

If a management statement affects a strata/survey-strata scheme, it will be shown on the Strata/Survey-Strata Plan by the panel on the plan being ticked to show that a management statement accompanies the plan. The actual management statement is prepared on a STGR Form 25.

It enables an original proprietor to disclose the nature of the proposed stages and completed development and provides purchasers and mortgagees with information to enable an informed decision to be made on whether to invest in the development. Regulations 36 and 37 of the STGR set out the requirements for sufficient compliance by a plan with the management statement. The by-laws in management statements can be amended in the same way as other by-laws.

Basically, the following scenario indicates how the system operates:

  • A management statement is registered at the same time as the plan.
  • At the completion of each stage, a Strata Plan of re-subdivision is completed.
  • The surveyor certifies that the plan of re-subdivision fits the proposed plan disclosed in the registered by-laws within parameters specified in STGR regulation 36.
  • A new valuation certificate is completed.
  • Local Government and WAPC certificates, if applicable, are completed.
  • STGR Form 20 is executed. The Form 20 has provision for the strata company to certify changes in unit entitlements and to the re-subdivision, provided it conforms to the by-laws that originally disclosed the future stages.
  • Disposition Form or transfers, if required.
  • Application for re-subdivision and subsequent transactions lodged at Landgate.

This page was last updated on: 28 Jun 2019