Community Titles Policy and Procedure Guides

Version 1

30/06/2021

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 Community Titles policy and procedure guides web page. Landgate accepts no responsibility where parties print this guide and seek to rely on information that is out of date.

1  Community schemes (section 7 CTA)

The Community Titles Act 2018 (CTA) provides the legal framework for subdividing a single parcel of freehold land into a community scheme. Community schemes already exist in other states including New South Wales, South Australia and Queensland.  In WA the CTA introduces new definitions, concepts, structures and processes. The CTA was passed in November 2018 and came into operation on 30 June 2021.

Community schemes do not replace strata and survey-strata schemes which still operate under the Strata Titles Act 1985. Strata and survey-strata schemes cannot be combined with community schemes. Community schemes do not include leasehold schemes.

2  Basic concepts within a community scheme

Each individual scheme within a community scheme is called a community titles scheme. A community scheme may have up to 3 tiers of community titles schemes. Every community scheme will have a community development statement (CDS) which will set out how the community scheme is to be subdivided and developed. The Western Australian Planning Commission (WAPC) will need to approve the CDS for the subject land before the land can be subdivided by a community scheme.

The land parcel over which the community scheme fits must be a whole or complete freehold land parcel i.e. it cannot be in separate portions. In some cases, a deposited plan of amalgamation of more than one parcel is the forerunner to registering a community titles scheme.

A tier 1 scheme may have its own common property which is for the whole community and which every owner of a lot in the community scheme will own as tenants in common.

A tier 2 scheme may have its own common property which the owners of lots in that tier 2 scheme and the owners of lots in a tier 3 scheme belonging to that tier 2 scheme will own as tenants in common.

A tier 3 scheme may have its own common property which is owned by the owners of lots in that tier 3 scheme as tenants in common.

2.1 Tier 1 Community Titles Scheme

The single freehold parcel of land subdivided by the tier 1 scheme (lot 100) is referred to as the tier 1 parcel.

The lots created in the tier 1 scheme are referred to as tier 1 lots 1 & 2.

The common property in the tier 1 scheme is referred to as tier 1 common property (CP3).

On registration of the scheme documents for the tier 1 scheme (i.e. scheme notice, scheme plan, schedule of unit entitlements and scheme by-laws) together with the community development statement (CDS) for the community scheme, the tier 1 community titles scheme is registered and the community scheme comes into existence.

2.2 Tier 2 Community Titles Scheme

Tier 1 lot 1 subdivided by the tier 2 scheme is referred to as the tier 2 parcel.

The lots in the tier 2 scheme are referred to as tier 2 lots 1 & 2.

The common property in a tier 2 scheme is referred to as tier 2 common property (CP4).

2.3 Tier 3 Community Titles Scheme

Tier 2 lot 2 subdivided by the tier 3 scheme is referred to as the tier 3 parcel.

The lots in the tier 3 scheme are referred to as tier 3 lots 1 to 20.

The common property in the tier 3 scheme is referred to as tier 3 common property.

2.4 Relationships in and between schemes (section 13 CTA)

• A lot or common property is in or belongs to the community titles scheme under which it is created.
• A tier 2 parcel belongs to the tier 1 scheme under which the tier 1 lot subdivided to become the tier 2 parcel is created.
• A tier 3 parcel belongs to the tier 2 scheme under which the tier 2 lot subdivided to become the tier 3 parcel is created.
• A tier 2 scheme belongs to the tier 1 scheme to which its tier 2 parcel belongs.
• A tier 3 scheme belongs to the tier 2 scheme to which its tier 3 parcel belongs and also to the tier 1 scheme to which that tier 2 scheme belongs.
• A community titles scheme is related to each community titles scheme to which it belongs or that belongs to it and the community corporations of the related schemes are related community corporations.
• The tier 1, 2 and 3 schemes that together comprise a community scheme belong to the community scheme.

When the tier 1 scheme is registered it will have a community corporation established (tier a corporation) which is the overarching management body for the entire community scheme. When each tier 2 and tier 3 scheme in the community scheme is registered, each will have its own community corporation to govern and manage relationships and common property in that community titles scheme. The community corporation for a tier 2 or tier 3 scheme will represent its members and vote on their behalf at meetings of the community corporation of the scheme to which that tier 2 or tier 3 scheme belongs.

3  Lots (section 11 CTA)

Lots in a community titles scheme are defined on the scheme plan for the community titles scheme.

A lot can be comprised of non-contiguous parts shown on the scheme plan for the community titles scheme.

3.1 Types of lots

3.1.1 Community Titles (Building) Schemes

Schemes where lots are defined as cubic space or spaces (i.e. three dimensional) referenced to a scheme (i.e. a building which is shown on a scheme plan) - See CTS-04 Scheme Plans.

• A lot in a community titles (building) scheme cannot be subdivided by a community titles scheme that is a community titles (land) scheme - CTA section 11(10).

3.1.2 Community Titles (Land) Schemes

Schemes where lots are defined by dimensions and survey information reference (in the same manner as deposited plans and survey-strata plans), regardless of whether or not there are buildings on the land. They may be restricted vertically but are generally unlimited in height and depth - CTS-04 Scheme Plans.

• A tier 1 lot or tier 2 lot in a community titles (land) scheme can be subdivided by a community titles scheme that is either a community titles (building) scheme or a community titles (land) scheme - see CTA section 11(11).

4  Common property

The common property in a community titles scheme is:

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

All community titles (building) schemes and many community titles (land) schemes contain common property. Where plans in building schemes have incorporated all ground surface of the parcel as part of the lots and attempted to eliminate common property, the defined cubic space above or below a floor level, the subsoil and air space comprise the common property. The plan is used to record actions affecting the common property and in some cases the lots. This type of information can vary from rights and encumbrances to by-laws of the community corporation. There is no title for common property.

If a scheme plan for a building or land scheme identifies an encroachment outside the parcel that is to be controlled and managed by the community corporation for that scheme, the encroachment is to be regarded as if it were common property for that scheme.

4.1 Temporary common property (section 78 CTA)

In order to increase common property, a community corporation may, by special resolution, accept a lease of:

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

This land is known as temporary common property.

The land is not to be subject to a mortgage, charge or other encumbrance. The leasehold interest becomes common property during the term of the lease and the community corporation becomes responsible for payment of the lease and the compliance with the lease conditions.

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

A community corporation can, in agreement with the lessor, surrender a lease of temporary common property. When the surrender is registered, notice of the surrender will be endorsed on the record of community titles scheme.

For registration details see CTS-11 Registration of an amendment of a CTS not effecting subdivision.

4.2 Lease of common property within a scheme (section 79 CTA)

For registration details see CTS-11 Registration of an amendment of a CTS not effecting subdivision.

5  Subdivision of land by community scheme (section 14 CTA)

Land is subdivided by a community scheme by registration of a community titles scheme or amendment of a community titles scheme that belongs to a community scheme. Registration of an amendment of a community titles scheme gives effect to a subdivision if it

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

Below are examples of the amendments of a community titles scheme that give effect to a subdivision:

• re-subdivision of lots and/or common property
• consolidation of lots
• conversion of lots into common property
• adding land to the common property and
• removing land from the common property
• changing the boundary of a tier parcel of a community titles scheme in the community scheme to which a lot or common property belongs.

For scheme plan details see CTS-08 – Amendments of Scheme Plans.

6 Registration of a community titles scheme or amendment

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

• a scheme notice (see CTS-03);
• a scheme plan (see CTS-04);
• a schedule of unit entitlements (see CTS-05);
• scheme by-laws (CTS-06).

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

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

• the amendment of the scheme notice to amend the name or address for service of the community corporation; or
• the amendment of the scheme plan for a purpose related to:
  • an easement; or
  • restrictive covenant; or
  • a restricted use condition; or
  • temporary common property
• the replacement of the schedule of unit entitlements for the community titles scheme because of reallocation of unit entitlements of lots or tier parcels; or
• creating, amending or repealing of scheme by-laws.

For registration details see CTS-11 Registration of an amendment of a CTS not effecting subdivision and CTS-09 Registrations on an amendment of a CTS - effecting subdivision.

7  Community titles (section 16 CTA)

The titles to the land comprised in a lot in a community titles scheme is called a community title. This title grants to the owner of the lot rights as the proprietor of a fee simple estate in the lot under the Transfer of Land Act 1893 (TLA) and a share in common property for each tier as set out below.

7.1 Tier 1 community titles scheme

A community title for a lot in a tier 1 community titles scheme includes an undivided share in the common property in that tier 1 scheme in accordance with the relative unit entitlement of that lot.

• Relative unit entitlement of a lot or tier parcel means the proportion that the unit entitlement of the lot or tier parcel bears to the sum of the unit entitlements of all the lots and tier parcels in the community titles scheme to which the lot or tier parcel belongs.

The land description on the title will be as follows:

LOT 1 ON SCHEME PLAN 80000

TOGETHER WITH A SHARE IN COMMON PROPERTY (IF ANY) IN:

TIER 1 SCHEME PLAN 80000

For example, if lot 1 on scheme plan 80000 has a unit entitlement of 1 and the aggregate of the unit entitlements for that scheme is 2, lot 1 has an undivided 1/2 share in the common property shown on tier 1 scheme plan 80000.

7.2 Tier 2 community titles scheme

A community title for a lot in a tier 2 community titles scheme includes an undivided share in the common property in that tier 2 scheme in accordance with the relative unit entitlement of that lot, together with an undivided share in the common property of the tier 1 scheme in accordance with the relative unit entitlement of the tier 2 parcel. The land description on the title will be as follows:

LOT 3 ON SCHEME PLAN 85000

TOGETHER WITH A SHARE IN COMMON PROPERTY (IF ANY) IN:

TIER 2 SCHEME PLAN 85000 AND

TIER 1 SCHEME PLAN 80000

Lot 3’s undivided share in the common property of each tier is:

for the tier 2 scheme, its relative unit entitlement in the tier 2 scheme.

for the tier 1 scheme, this is determined by multiplying:

• the relative unit entitlement of lot 3 and
• the relative unit entitlement of lot 3’s tier 2 parcel.

For example, if lot 3 on scheme plan 85000 has a unit entitlement of 1 and the aggregate unit entitlements for that scheme is 3, lot 3 has a 1/3^rd share in the common property shown on tier 2 scheme plan 85000 and a 1/6^th share (1/3 multiplied by 1/2) in the common property shown on tier 1 scheme plan 80000.

7.3 Tier 3 community titles scheme

A community title for a lot in a tier 3 community titles scheme includes an undivided share in the common property in that tier 3 scheme in accordance with the relative unit entitlement of that lot, together with an undivided share in the common property of the tier 2 scheme to which that tier 3 scheme belongs in accordance with the relative unit entitlement of the tier 3 parcel, together also with an undivided share in the common property of the tier 1 scheme to which the tier 2 scheme belongs in accordance with the relative unit entitlement of the tier 2 parcel. The land description on the title will be as follows:

LOT 7 ON SCHEME PLAN 90000

TOGETHER WITH A SHARE IN COMMON PROPERTY (IF ANY) IN:

TIER 3 SCHEME PLAN 90000 AND

TIER 2 SCHEME PLAN 85000 AND

TIER 1 SCHEME PLAN 80000.

Lot 7’s undivided share in the common property of each tier is:

for the tier 3 scheme, its relative unit entitlement in the tier 3 scheme.

for the tier 2 scheme, this is determined by multiplying:

• the relative unit entitlement of lot 7; and
• the relative unit entitlement of lot 7’s tier 3 parcel.

for the tier 1 scheme, this is determined by multiplying:

• the relative unit entitlement of lot 7; and
• the relative unit entitlement of lot 7’s tier 3 parcel; and
• the relative unit entitlement of the tier 2 parcel to which the lot 7’s tier 3 scheme belongs.

For example, if lot 7 on scheme plan 90000 has a unit entitlement of 1 and the aggregate unit entitlements for that scheme is 10, lot 7 has a 1/10^th share in the common property shown on tier 3 scheme plan 90000, a 1/30^th share in the common property (1/10 multiplied by 1/3) shown on tier 2 scheme plan 85000 and a 1/60^th share (1/10 multiplied by 1/3 multiplied by 1/2) in the common property shown on tier 1 scheme plan 80000.

Similar to a strata title, a community title contains an interests notation under the Limitations, Interests, Encumbrances and Notifications heading referring to interests notified on the scheme plan. This means there could be other interests not recorded on the title that may benefit or encumber the common property or lot. Therefore, a community title must always be searched in conjunction with the scheme plan.

8 Community corporation

On registration of a community titles scheme, a community corporation is established for that scheme.

The name and address for service of the community corporation is as provided in the scheme notice.

A community corporation:

• is a body corporate; and
• has perpetual succession; and
• is capable of suing and being sued in its own name; and
• has, subject to this Act, all the powers of a natural person that are capable of being exercised by a body corporate.

The governing body of a community corporation is a council established under section 111 CTA. A community corporation may have a common seal, but this is optional.

A tier 1 corporation is comprised of the following members:

• the owners, for the time being, of the tier 1 lots;
• for each tier 2 parcel belonging to the tier 1 scheme, the tier 2 corporation.

A tier 2 corporation is comprised of the following members:

• the owners, for the time being, of the tier 2 lots;
• for each tier 3 parcel belonging to the tier 2 scheme, the tier 3 corporation.

A tier 3 corporation is comprised of the owners, for the time being, of the tier 3 lots.

Example

Version 1

30/06/2021

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 Land Titles Registration policy and procedure guides web page. Landgate accepts no responsibility where parties print this guide and seek to rely on information that is out of date.

1  Introduction

1.1 Planning Requirements for Subdivision by Community Scheme (CTA section 18)

Before land can be subdivided by a community scheme WAPC must approve:

• a community development statement (CDS) for the community scheme; and
• a plan of subdivision under the Planning and Development Act 2005 (P&D Act); and
• a scheme plan, or an amendment of the scheme plan, under the P&D Act after completion of:
  • the works necessary for the subdivision; and
  • for a community titles (building) scheme, the construction or modification of the scheme buildings necessary for the subdivision.

WAPC will approve a CDS only if it makes a decision that subdivision by a community scheme is an appropriate form of subdivision.

Waiver of other requirements relating to plans or instruments (CTA section 20)

WAPC may, in writing, waive requirements for the preparation of particular plans or instruments under a planning scheme or interim development order for land that is to be subdivided by a community scheme if satisfied that this is not necessary taking into account the existence of a CDS. Before waiving the requirements, they must consult with each relevant local government.

2  Community development statement (CTA sections 19, 21 - 28)

A CDS is a planning instrument that may control:

• subdivision and development of land by a community scheme; and
• the purposes for which land subdivided or to be subdivided by a community scheme may be used; and
• staging and sequencing of the subdivision and development; and
• other matters relevant to a community scheme.

The development period for a community scheme means 10 years after registration of the tier 1 scheme. An application may be made for extension of the development period.

Effect of the CDS on planning approvals (section 19 CTA)

While a CDS is in force for a community scheme (whether or not the tier 1 scheme is registered to establish the community scheme):

• a subdivision applied for before the commencement of the development period must be approved if it is consistent with the CDS; and
• a subdivision applied for after the commencement of the development period must be approved if:
  • it is consistent with the CDS; and
  • there is at least 4 years until the end of the development period to allow for an application to register a new or amended community titles scheme effecting a subdivision; and
• an application for approval of a subdivision or development made before the end of the development period must not be approved if it is inconsistent with the CDS; and
• due regard must be had to the CDS in determining an application for approval of a subdivision or development in any other circumstances.

The CDS may be amended to accommodate any inconsistency with a subdivision or development. This does not limit the conditions that may be imposed on a planning approval, as long as they are consistent with the CDS after it (the CDS) is approved and before the end of the development period. A CDS comes into force on the day of its approval and remains in force until it ceases to have effect.

2.1 Application to Approve a CDS or Amendment of a CDS (CTA section 21)

A person may apply to WAPC for approval of a new or amended CDS, accompanied by:

• for an application for approval of a CDS:
  • a statement as to why a community scheme is an appropriate form of subdivision; and
  • a draft CDS;
• for an application for approval to amend a CDS:
  • a draft CDS amendment either as a separate textual amendment directly changing the material in the statement or a marked up version showing the changes; and
  • a consolidated version of the CDS including the amendments; and
  • if the CDS has been registered, evidence of the approval of the development by the tier 1 community corporation by special resolution.

WAPC may require the applicant to provide additional information before approval.

2.2 Comments from Local Government and Others (CTA section 22)

Within 7 days after an application for approval of a CDS or an amendment of a CDS, WAPC must refer it for comment to:

• the relevant local government; and
• each public authority or utility service provider that the WAPC considers may be affected by the subdivision.

The local government must then advertise the application for public comment. A referral or advertisement of an application must:

• be accompanied by a copy of the draft CDS or amendment or specify how a copy of the draft may be obtained; and
• specify how comments may and the period within which they must be made.

The minimum period that must be allowed for comments to be made is 14 days after:

• a referral is received by the local government, public authority or utility service provider,

and

• the day after the advertisement is first published

and these comments must be passed on to WAPC, who must give them due regard within the period for comment or such longer period as they allow - see Community Titles Regulations 2021 (CTR) regulation 11.

2.3 Decision as to Appropriate Form of Subdivision (CTA section 23)

On an application to approve a CDS, WAPC must decide whether subdivision by a community scheme is appropriate, having due regard to:

• relevant State planning policies; and
• planning schemes or interim development orders that have effect in the locality in which the land is situated; and
• whether some other or no form of subdivision would be more appropriate to achieve orderly and proper planning, and the preservation of the amenity, of the locality of the land; and
• comments received from the local government; and
• a policy or position statement developed specifically for community titles matters; and
• technical advice, assistance or further information obtained by WAPC from the local government or any other person.

WAPC must not make a decision that conflicts with a relevant State planning policy, a planning scheme or interim development order that has effect in the locality in which the land is situated. If they decide that subdivision by a community scheme is not an appropriate form of subdivision, they must give the applicant written notice of the refusal and the reasons why.

2.4 Approval of CDS or Amendment (CTA section 24)

A new or amended CDS must not be approved if it would conflict with a State planning policy, a planning scheme or interim development order that has effect in the locality in which the land is situated. WAPC may approve a draft new or amended CDS, subject to the condition that the draft must be modified in a specified manner and returned to WAPC within a specified period. If a condition is imposed, the applicant must provide WAPC with the following:

• a copy of the draft modified in the specified manner within the specified period;
• if the community scheme has been registered, evidence that the tier 1 corporation has by special resolution approved of the modified draft within the specified period.

If not complied with within the specified period or such longer period as WAPC allows, their approval ceases to have effect. The date of approval of a new or amended CDS is the date on which the condition(s) is/are complied with or, if there are no conditions, the date on which the approval is given.

2.5 Content of CDS (CTA section 25)

A CDS must identify the location of the parcel of land subdivided by the community scheme. It must also include any other information specified in CTR regulation 13 including:

• maps or other related information or material required by WAPC;
• a description of the key attributes and constraints of the area including the natural environment, landform and topography;
• the planning context and the neighbourhood and region within which the area is located;
• information that identities zoning for the area covered by the CDS and any proposed land uses for those zones;
• an estimate of the proposed number of lots, dwellings, retail floor space or other land uses;
• the population impacts that are expected;
• a description of the extent of the coordination of key transport and other infrastructure;
• a staging plan or report that identifies:
  • the stage at which the land is to be vested in the Crown under the P&D Act section 152 and/or dedicated as a road under the P&D Action section 168;
  • the infrastructure that will be needed at each stage of the subdivision and development of the land, whether temporary or permanent, and the person who is responsible for the costs associated with that infrastructure.

A staging plan or report may include requirements for the:

• provision of traffic management and community-related infrastructure;
• provision of bushfire management infrastructure, such as fire breaks or the provision of emergency egress or ingress;
• ceding of land.

A new CDS or amended must be in a form approved by the WAPC and be endorsed with the date of its approval by the WAPC.

2.6Subdivision

A CDS may specify requirements for subdivision, including:

• limitations on the number of tiers of the community scheme;
• limitations on the type of community titles schemes (that is, building or land schemes);
• limitations on the number or location of tier 2 or 3 parcels;
• limitations on the number, size or arrangement of lots;
• requirements for restricted use conditions (but not if the relevant planning scheme identifies the land as land that may be used for residential purposes, so as to prohibit the land being used for public housing or affordable housing);
• requirements for the creation of easements, restrictive covenants or other interests;
• requirements for land to be vested in the Crown under P&D Act section 152;
• requirements for roads to be delineated as new roads and dedicated under P&D Act section 168;
• other arrangements for acquisition or management of land by a local government or public authority;
• open space requirements;
• requirements for money to be paid to local government in lieu of setting aside land and vesting it in the Crown for parks, recreation grounds or open spaces under P&D Act section 153;
• requirements for development contributions to fund public infrastructure;
• requirements that will or may apply under the P&D Act;

2.7 Development

A CDS may specify requirements for development as a community scheme, including:

• limitations as to the location and scale of improvements (including the number of levels in, and heights of, scheme buildings);
• requirements for the provision of utility, sustainability or other infrastructure;
• requirements for landscaping;
• architectural and design themes;
• requirements for the collection and disposal of waste.

It may specify requirements for a plan for the provision of utility services and infrastructure to be constructed, commissioned and maintained in accordance with standards or documents specified by utility service providers.

It may specify requirements for the staging and sequencing of subdivision and development, including for each stage:

• requirements for when the stage must be commenced or completed;
• arrangements for movement to, from and within the land for occupiers of existing lots and visitors;
• arrangements for the continued provision of utility services and access to existing infrastructure and common property;
• the works required to be completed, including those required for utility services;
• the community titles schemes or amendments required to be registered.

It may specify requirements for a planning (scheme by-laws) condition to be imposed on approval of a community titles scheme or an amendment;

It may include any other matter considered appropriate by WAPC. The CTR may include model provisions that can be included in a CDS.

It may refer to, or incorporate, wholly or partially and with or without modification, a State planning policy, an Australian Standard published by Standards Australia, or the following documents of a class specified in the CTR regulation 14:

• planning codes;
• standard or precinct structure plans;
• local development plans;
• local planning policies and schemes;
• improvement plans and schemes;
• interim development orders.

as in force:

• at the time the application for approval of the CDS or amendment is made; or
• at a specified time;
• from time to time.

2.8 Development Period for a Community Scheme (CTA section 26)

The development period for a CDS is 10 years after registration of the community titles scheme that establishes the community scheme, called the tier 1 scheme. WAPC may, on application, extend the development period.

An application for an extension of a development period must be made at least 6 months before expiry (although WAPC may accept a late application) and be accompanied by a copy of a special resolution of the tier 1 corporation approving the extension.

If WAPC accepts an application made after expiry, they may require provision of a draft of an amendment of the CDS for approval by WAPC and for registration with the community titles scheme or amendment proposed. WAPC must refer this application for external comment to:

• the relevant local government; and
• each public authority or utility service provider WAPC considers may be affected by the extension.

A local government to which an application for extension is referred may (must, if WAPC so requires) advertise the application for public comment. A referral or advertisement must:

• be accompanied by a copy of any draft amendment of the CDS or specify how this copy may be obtained; and
• specify how comments may be made and the period within which they must be made.

The minimum period for comments to be made for both a local government and the public authority or utility service provider is 14 days from the day on which they receive the application for an extension (CTR see regulation 16). If advertised, the minimum period for comment is 14 days. If comments are received by a local government, they must be passed on to WAPC, who must give due regard to them.  If WAPC extends the development period, they must lodge with the Registrar of Titles notice in the approved form of the new date on which the development period ends, which has effect when it is recorded in the Register.

2.9 CDS or Amendment Ceases to have Effect in Certain Circumstances (CTA section 27)

A CDS ceases to have effect if, at the end of 4 years after its approval, the tier 1 scheme has not been registered and there is no application for registration of the tier 1 scheme lodged with Landgate that has not been examined. An amendment of a CDS ceases to have effect if at the end of 4 years after approval of an amendment proposed to be registered with a community titles scheme or amendment to give effect to subdivision of land, the the community titles scheme or amendment has not been registered  and there is no application for registration lodged at Landgate that has yet to be examined. WAPC can declare that a CDS ceases to have effect if the development period has expired and must give notice of the declaration in the approved form to the Registrar of Titles, which has effect when it is recorded in the Register.

2.10 Availability of the CDS (CTA section 28)

WAPC must ensure that an up-to-date version of each CDS as approved by them (consolidated so as to include any amendments) is available to members of the public free of charge from their website. If there is any inconsistency between a CDS published by WAPC and a CDS incorporated in the Register, the CDS incorporated in the Register prevails.

3  Planning Approvals

3.1 Planning Approvals (section 29 CTA)

For community schemes, an application must be made under the P&D Act for approval of a plan of subdivision as if it were for approval to subdivide under that Act and if necessary, development approval. A person may submit to WAPC a scheme plan or amendment for which there is an approval of a plan of subdivision under the P&D Act for approval, which is to be dealt with as if it were an approval of a diagram or plan of survey of the subdivision under P&D Act section 145.

3.2 Modification of the P&D Act (CTA section 30)

The P&D Act applies to planning approvals subject to the following modifications:

• A reference to subdivision includes by a community titles scheme;
• A reference to a diagram or plan of survey includes a scheme plan or amendment;
• A reference to a lot includes a lot within the meaning of the CTA;
• The P&D Act is to be read as requiring the applicant to provide a copy of an application for a planning approval made after the community corporation for the scheme has come into existence to be given to them;
• Without limiting the conditions of an approval of a plan of subdivision or a development approval, the P&D Act is to be read as providing that the conditions may include a planning (scheme by-laws) condition;
• The State Administration Tribunal (SAT) has jurisdiction to carry out a review in accordance with the P&D Act of a refusal of a body to approve the amendment or revocation of scheme by-laws as required by a planning (scheme by-laws) condition;
• Application for approval of a scheme plan or an amendment to be accompanied by —
  • the scheme notice or any amendment of the scheme notice proposed to be submitted for registration;
  • any existing scheme by-laws made under a planning (scheme by-laws) condition;
  • for subdivision of land by a community titles (building) scheme, an occupancy permit or building approval certificate granted under the Building Act 2011 (BA) for each scheme building constructed or modified;
  • WAPC may refuse to endorse the scheme plan or amendment unless they are satisfied that:
  • the scheme plan or amendment is an accurate depiction of the subdivision that has been prepared after completion of the works necessary and, for a community titles (building) scheme, the construction or modification of the scheme buildings necessary; and
  • the subdivision and development has been undertaken consistently with:
    • the CDS and any utility services plan required by it;
    • the approval of the plan of subdivision under the P&D Act (including its conditions);
    • any relevant approval of development under the P&D Act (including its conditions); and
  • the requirements of the BA have been complied with for the development; and
  • any restricted use condition proposed to be imposed by the scheme plan or amendment is suitable; and
  • scheme by-laws have been or are proposed to be made in accordance with any planning (scheme by-laws) condition;
  • Section 145(2) is to be read as if the prescribed period were defined as 4 years;
  • section 145(6) is to be read as not applying to a community scheme until the end of the development period;
  • Section 146(2) is to be read as if a title application were an application for registration of a community titles scheme or an amendment giving effect to subdivision;
  • section 152(3) is to be read as land vested under section 152(1) does not form part of a tier parcel;
  • section 159 is to be read as if a reference to a lot or lots were a reference to a lot, tier parcel or common property;
  • sections 165, 167 and 168 are to be read so as to apply to scheme plans in the same way as they apply to plans lodged under the Strata Titles Act 1985;
  • any other modifications set out in the CTR.

WAPC may, by written notice, require a local government, public authority or utility services provider to provide a certificate (in a form approved by WAPC) as to compliance and may rely on this as proof of the matters certified. They must have due regard to the certificate within the period specified in the notice or such longer period as WAPC may allow.

3.3 Approval of Modification of Restricted Use Condition (CTA section 31)

The approval of WAPC is required to impose, vary or revoke a restricted use condition either in conjunction with an approval of a plan of subdivision or by separate application.

3.4 Approval under Planning (Scheme By-laws) Conditions (CTA section 32)

Amending or repealing scheme by-laws required under a planning (scheme by-laws) condition requires the approval of WAPC or a local government as relevant and can be applied for and given in conjunction with an application for a planning approval or by separate application.

4  Miscellaneous

4.1 Applications (CTA section 33)

Any application made to WAPC or local government must be:

• made in writing; and
• in the form approved by WAPC or local government as relevant; and
• accompanied by any information required by WAPC or local government and by the fee fixed by the regulations.

WAPC or local government as relevant may require the provision of additional information reasonably required to determine the application and may refuse the application if this is not provided.

4.2 Review of Decisions (CTA section 34)

An applicant may apply to SAT for a review of:

• a decision to refuse the application, including:
  • that subdivision by a community scheme is not appropriate; or
  • to extend the development period for a community scheme; or
  • to approve an amendment or repeal of scheme by-laws; or
• a decision to approve a CDS or amendment subject to conditions.

SAT has jurisdiction to carry out the review in accordance with the P&D Act - Part 14.

If at the end of 120 days (or any longer period agreed with the applicant) after an application to approve a CDS or amendment is made, WAPC has not made a decision, the applicant may give written notice of default to WAPC.

If at the end of 28 days (or any longer period with the applicant) after an application to extend the development period is made, WAPC has not made a decision, the applicant may give written notice of default to WAPC. This is if WAPC has accepted an application to extend the development period after the period has expired and required the applicant to provide a draft amendment of the CDS for approval of WAPC for registration with a community titles scheme or amendment, the period of 28 days or longer as agreed) does not commence until the date on which WAPC make a decision to approve, approve subject to conditions or not approve the CDS (CTR regulation 17).

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

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

1 Scheme notice (section 35 CTA)

A scheme notice for a community titles scheme must —

• specify the name of the community corporation; and
• specify the address for service of the community corporation;

A scheme notice or amendment of a scheme notice for a community titles scheme must be in the approved form. For details on the registration of a scheme notice, see CTS-07 Registration of Community Titles Schemes.

1.1 Name and Address for Service of the Community Corporation (section 36 CTA)

Naming convention for community corporations (reg 19 Community Titles Regulations 2021 (CTA))

The name of a community corporation must include the scheme number of the community titles scheme for which the community corporation is established. The scheme number is the reference number allocated to the community titles scheme by the Registrar of Titles under CTA section 52(1)(a). This number is the number allocated to the scheme plan.

For example:

Beverly Hills 90210 (90210 being the scheme plan number)

or

21 Jump Street, Pleasantville 95000 (95000 being the scheme plan number).

A scheme notice or an amendment of a scheme notice to alter the name of the community corporation must not be registered if the Registrar of Titles deems that the name of the community corporation is undesirable or does not comply with a naming convention set out in CTR regulation 19. An amendment of a scheme notice to alter the name of the community corporation must be authorised by special resolution of that community corporation.

Altering the address for service of the community corporation must not be registered unless the amendment is authorised by ordinary resolution of the community corporation for that scheme.

For details on the registration of an amendment to a scheme notice, see CTS-11 Registration of an amendment of a Community Titles Scheme – not effecting subdivision.

Version 1

30/06/2021

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 Community 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.

A community titles scheme is comprised of the following scheme documents:

1. scheme notice
2. scheme plan
3. schedule of unit entitlement
4. scheme by-laws

1 Scheme Plans (Community Titles Act (CTA) section 37)

The CTA refers to plans for a community titles scheme as scheme plans. There are 2 types of community titles schemes, community titles (land) scheme and community titles (building) scheme - in this guide called a land scheme and a building scheme respectfully. A scheme plan for a land scheme is very similar to a survey-strata plan and a scheme plan for a building scheme is very similar to strata plan.

The surveying and drafting guidelines for scheme plans are identical to those of strata/survey-strata plans and these guidelines can be found in STP-09 Scheme Plans.

The scheme plan numbering is to be taken from the number range pre-allocated to surveyors for strata/survey-strata plans.

For scheme plans that are not portal generated plans, the scheme plan template in the eKit must be used and the following information is to be displayed:

1.1 Plan information

1.2 Plan heading

A description of the subject of the plan (similar to deposited plans), e.g. Lots 1, 2 and common property (CP3).

1.3 Certificates

1.3.1 Surveyor's certificate

The certificate required to be signed by a licensed surveyor is the standard regulation 54 Licensed Surveyors (General Surveying Practice) Regulations 1961 certificate.

1.3.2 Endorsement Certificate by the Western Australian Planning Commission (WAPC)

As all scheme plans require WAPC approval, the endorsement certificate forms part of the plan template.

Example:

2 Community titles (building) scheme

Scheme plans for a building scheme are where buildings are used to define all or some lot boundaries where either all or some buildings are constructed. They are similar to strata plans in that they have a location and floor plan..

2.1 Location plan

Similar to strata plans, the location plan is designed to show the perimeter of the tier parcel (parcel boundary) of a building scheme, the buildings and the boundaries of part lots external to the buildings in relation to the parcel boundaries. A location plan may be on a separate sheet or can be on the same sheet as the floor plan.

The following information must be shown on location plans:

• perimeter of the tier parcel
• location
• offsets
• extent
• road names
• road widenings (if applicable)
• abutting lot plan numbers
• scale bar
• orientation (consistent with floor plans)
• depth limit (if applicable)
• vesting land (if applicable)
• Interests and Notifications schedule (if applicable)
• Reg. 54 Certificate

Abutting scheme plans should be prefixed ‘SP’ e.g. SP 90000. For community title schemes contained within a single building, abutting schemes will invariably exist above and/or below the scheme plan..

Regulation 25(c) of the Community Titles Regulations 2021 (CTR) states that the plan must specify the relationship of any building on the land to the boundaries of the tier parcel, if the Registrar of Titles requires that to be specified on the plan. With this in mind, surveyors may opt for the location plan to include a 3D component or cross-sectional (isometric) representation of neighbouring community title schemes within the community scheme. It is not a necessity for this sketch to be drawn to scale.

In this example, SP 400000 is the scheme plan for the tier 1 scheme and SPs 400100, 400200 and 400300 are the scheme plans for the tier 2 schemes.

This sketch could include:

• Australian Height Datum (AHD) levels with the point of origin/reference needing to be offsite to assist in the location of each scheme becoming more unambiguous.
• Offsets for the building component of each scheme to the parcel boundary.

If the CDS has something similar as part of its content, then there may be no real need to show this on the location plan.

For building schemes that have parts of lots on more than one floor level (e.g. basement, ground floor & first floor), a table setting out the lot number, total area, floor or level and the sheet number is required to be shown on the location plan (see sample table below):

A CSV file containing this information is required as part of the lodgement of the plan. The CSV file will outline the total area, floors and sheets for each lot as shown in the below table and example:

Example CSV

lotident,areatotal,floors,sheets

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

2,77,"B,G,1",”2,3,4"

3,79,"B,G,2",”2,3,5"

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

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

2.2 Offsets/Encroachments

Regulation 25 of the CTR requires that 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 must be dimensioned and the nature and who is to control and manage it (lot owner or community corporation) is to be noted (section 37). Encroachments can be walls, gutters and eaves, awnings, plinths, corbels or other similar building attachments.

Encroachment on a scheme plan for a building scheme controlled and managed by the community corporation, or

………..a lot owner.

If the encroachment shown on a scheme plan for a tier 2 or 3 scheme is to be treated as common property to be controlled and managed by the community corporation of the scheme to which the tier 2 or 3 scheme belongs (say the tier 1 scheme), this should be indicated on the scheme plan for the tier 2 or 3 scheme. For example, on the scheme plan for a tier 2 scheme, the endorsement could read “to be controlled and managed by the community corporation of tier 1 scheme 400000” or words to that effect.

If an encroachment is to be subject to an easement, the plan needs to specify that easement (CTA section 37). Similar to strata plans, the benefit of this easement must be endorsed on the location plan and an Interest Only Deposited Plan will be required to show the area affected by the encroachment.

2.3 Floor plan

A “floor plan’ is in a plan of the level or stratum and does not have to be confined to the floor of a building. It is 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 either a thick

line or parallel (tram) lines to indicate the walls of the building. Usually thinner lines that are dimensioned or partly dimensioned delineate boundaries of part lots that are external to a building.

The floor plan 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.

2.4  Lots

Lots in a building scheme always remain within the confines of the tier parcel boundaries. CTA section 11(14) says that if a scheme plan identifies an encroachment outside the tier parcel that is to be controlled and managed as part of a lot, the encroachment is to be treated as if it were part of 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.

2.5 Building lot boundaries in building schemes

CTA section 11(4) specifies the horizontal and vertical boundaries of the cubic space that can form each of the lots by reference to a scheme building to the:

• inner surface of the wall; and
• upper surface of the floor; and
• under surface of the ceiling.

The lot does not include the following:

• space occupied by a vertical structural member, not being a wall, of a building;
• utility conduits except conduits that are for the exclusive use or enjoyment of the lot;
• space enclosed by a structure enclosing utility conduits except such a structure enclosing conduits that are for the exclusive use and enjoyment of the lot.

However, CTA section 11(5) allows a lot to be expressly defined in a manner different to section 11(4) on a scheme plan as long as no part of a lot defined by reference to a scheme building above or below any part of another lot defined by reference to a scheme building.

2.6 Wording for lots in a building scheme

CTA section 37(1)(f) requires lots to be defined on the plan as set out in section 11.

If it is intended to keep the scheme building structure as common property or if it is a high rise building the following wording or wording similar to the following could be used:

• Under section 11(4) of the Community Titles Act 2018, the boundaries of the lots or parts of the lots which are scheme buildings are the inner surfaces of the walls, the upper surface of the floor and the under surface of the ceiling.

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

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

For lot boundaries within scheme buildings that are not walls, the following wording would be suitable:

• Under section 11(4) of the Community Titles Act 2018, the boundaries of the lots or parts of the lots which are scheme buildings are the inner surfaces of the walls, the upper surface of the floor and the under surface of the ceiling, except where shown otherwise.

In the scenario where it is intended for a multi-storey tier 2 building scheme created from a tier 1 building scheme lot to have the floor slabs as tier 2 common property, the tier 1 plan would need to show these slabs initially as part of the tier 1 lot. The following wording would be acceptable:

• Under section 11(4) of the Community Titles Act 2018, the boundaries of the lots or parts of the lots which are scheme buildings are the inner surfaces of the walls, the upper surface of the floor and the upper surface of the floor slab above.

This then sets up these floor slabs to become tier 2 common property upon registration of the tier 2 scheme that subdivides the tier 1 lot, in this case lot 5.

Certain schemes will need obvious variations to wordings to fit specific circumstances. It is important that retaining walls, garden brick or stone walls and walls that extend from a building are defined so there is no confusion on ownership.

For a scheme where no lot or part of a lot exists above or below another lot or part lot, wording similar to the following could be used:

Under section 11(5) of the Community Titles Act 2018, the boundaries of the lots or parts of the lots which are buildings shown on the Scheme Plan are the external surfaces of those buildings.

and if applicable,

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

Unlike strata titles schemes, there are no things identified as being part of a building (downpipes, awnings, hot water systems, air conditioners, etc.) in the CTR so consideration could be given for these things to form part of the description of the building part lot.

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

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

This will ensure the cubic space above and below the buildings remains as common property.

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

The stratum of the part lots, including the cubic space above and below the part lots comprising buildings, is limited between 5 metres below and 10 metres above the upper surface level of the lowest ground floor of the main building appurtenant to their corresponding lot number, including where covered.

Note: The above wording is a guide only and may not be appropriate for part lots labelled courtyard; carbay; terrace; balcony etc. Every cubic space outside the building that forms a part lot must be clearly defined with reference to stated surfaces.

Because of the many variations in building schemes, a surveyor may find it necessary to vary the stratum wordings to accommodate the client’s requirements. Surveyors should use their professional judgment and where appropriate obtain legal advice to select the appropriate wording so there is no confusion as to the boundaries.

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

Generally, the type of information to be shown on the floor plan is very similar to floor plans for strata plans – see STP-09 Scheme Plans.

2.7 Encroachments within a building scheme

In the Strata Titles Act 1985 (STA), permitted boundary deviation means a part of a lot that is above or below another lot in a single tier strata scheme in circumstances allowed by the regulations. Unlike the STA, the CTA does not have the concept of a “single tier scheme” or “permitted boundary deviation”. This means that, for building schemes that define the building part lots to the external surfaces of those buildings, if any part of these buildings encroach into a neighbouring lot, the encroaching portion is not owned by the owner of that building.

CTA section 54(4)(b)(ii) states:

(4) For each lot in a community scheme there is an easement burdening the lot —

(b) if the community scheme is a community titles (building) scheme —

(ii) for the projection over the lot by windowsills, windows, window awnings, eaves, guttering and other minor parts of a scheme building within another lot or the common property.

This means that if there is an encroachment into another lot within the same “single tier” community titles (building) scheme, there is a statutory easement granting the right for the beneficiary of that easement to maintain the encroaching structure. The same applies to any encroachment over common property.

Consideration could also be given to the creation of a short form intrusion easement under section 38 CTA (Regulation 43 of the Community Titles Regulations 2021) to be created on the plan. The details of this easement need to be shown on the floor plan (see below example).

2.8 Common property

CTR regulation 25(f) states that if an area of common property is shown on the plan, that area of common property must be unambiguously shown as common property in a manner approved by the Registrar of Titles.

For instance, in the scenario when a lot in a tier 2 building scheme is bounded by tier 1 and tier 2 common property walls, the floor plan could illustrate this as set out below.

Even though distinguishing between tier 1 and tier 2 common property on the floor plan is not a must, it is strongly encouraged as this would give the owner of lot 104 a clear indication of what their ownership and responsibility for each wall is. This would also be beneficial for insurance purposes.

2.9 Lot numbering

Each lot in a scheme plan or created by an amendment of a scheme plan must have a unique number. The numbering need not start at 1 or be sequential, just unique. 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 CTR regulation 23(7)) to indicate that there are other parts forming the lot.

• For building schemes all contained within the one building, serious consideration should be given to numbering each individual lot within the entire building uniquely to assist in the street addressing of each lot.

The Registrar of Titles may, after giving notice to all interested persons, number or renumber a lot defined on a scheme plan or any common property on a scheme plan or created by an amendment of a scheme plan (see regulation 23(8)).

2.10 Common property

CTA section 37(2)(d) provides that the scheme plan for a building scheme may delineate different areas of common property and allocate a reference number (being a unique series of numbers or letters or both numbers and letters) to those areas.

CTR regulation 23(4) states that an area of common property (other than temporary common property) defined on a scheme plan, which includes a plan for a building scheme, may be given a number and regulation 23(5) requires it to be a unique number.

This number is to be prefixed with the letters ‘CP’ and need not be the last number in any lot number sequence, as has been the case historically for survey-strata plans.

2.11 Permit authority certification

All scheme plans for a building scheme must have either an occupancy permit (OP - BA10) or a building approval certificate (BAC - BA14), granted by the permit authority (local government) under the Building Act 2011(BA), and lodged with the plan to enable registration of the community titles scheme.

Surveyors may lodge the scheme plan at Landgate prior to the OP or BAC being signed and issued by the local government. This enables the plan to be examined but not put "In Order for Dealings" while the permit or certificate is waiting to be issued by the local government. Surveyors using this method may lodge the OP or BAC at a later date. However, if the OP or BAC is available prior to the scheme plan being lodged, it should accompany the plan. It is the owner's responsibility to provide their licensed surveyor with a legible OC/BAC.

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

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

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

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

• All the buildings shown on a scheme plan are to be covered by an OP or BAC.
• Landgate will accept both an OP and a BAC for the same scheme plan where different classes of buildings exist within the same scheme.
• Lot numbers applying to either an OP or a BAC are to be clearly identified.
• Where the information on the OP or BAC is unclear, the lodging party will be notified.

Where the permit authority does not grant an OP or a BAC, the applicant may apply to SAT for a review of the decision under the BA.

3 Land schemes

On scheme plans for land schemes, dimensions provided by a licensed surveyor define the lot boundaries in the scheme. Land schemes may limit the horizontal boundaries of lots by referencing their limits to the (AHD), provided that the land above and/or below these limitations is common property (CTA section 11(6)). It is not possible to create land schemes in which one lot is above or below another lot. These scheme plans are similar in appearance to survey-strata plans.

Each lot and area of common property in a scheme plan or created by an amendment of a scheme plan for a land scheme must have a unique number and be prefixed “CP”. Generally, the type of information to be shown on the plan is very similar to survey-strata plans – see STP-09 Scheme Plans.

3.1 Encroachments

CTA section 37(i) states that a scheme plan must identify the nature and extent of any part of a wall or building or material attached to a wall or building that encroaches on land outside the tier parcel and:

• if an encroachment is to be controlled and managed as if it were common property, or as if it were part of a specified lot or specified lots, in the scheme, specify that fact; and
• if an encroachment is to be subject to an easement, specify that easement.

Whereas this requirement in the STA is for ‘built’ strata schemes only to show this information, the CTA requires encroachments beyond the tier parcel to be shown for both building and land schemes. Below is an example of the information that will be required to show the encroachment on the scheme plan for a land scheme.

Encroachment on a scheme plan for a land scheme managed and controlled by, in this case, the owner of lot 2 within the scheme.

It is always advisable for an appropriate easement to be registered for any encroachments beyond the tier parcel boundary.

4 Easements

A scheme plan may:

• delineate or record easements (other than statutory easements) and restrictive covenants over the tier parcel, including —
  • short form easements or restrictive covenants created under CTA section 38;
  • easements created under P&D ACT section 167; and
  • easements and restrictive covenants created under TLA section 136 and Part IVA.

Easements that are created under the P&D Act, TLA or the CTA need to be shown in an Interests and Notifications schedule/New Interests schedule on the plan and be shown by broken lines, dimensions and angles on the plan. Original easements and covenants being brought forward also need to be shown.

4.1 CTA short form easements (CTA section 38)

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

Easements created pursuant to CTA section 38 are created automatically on registration of the scheme or an amendment of a scheme effecting subdivision. This can eliminate the need for any written documentation. The short form description of the easement, easement types and the rights and liabilities are all prescribed in the CTR. The short for description of the easement is shown on the scheme plan. These types of easements are confined to the subject land, i.e. it is not possible to benefit land outside of the scheme.

The following are the short form easements that may be created on the scheme plan under CTA section 38:

• vehicle access easement under CTR regulation 40
• light and air easement under CTR regulation 41
• party wall easement under CTR regulation 42
• intrusion easement under CTR regulation 43
• pedestrian access easement under CTR regulation 44
• easement in gross under CTR regulation 45
• easement for utility services under CTR regulation 46

If special conditions are required, the standard form of the easements may be varied by lodging a memorial or instrument that sets out the specific conditions before the plan is registered. The CTR defines a “short form document” to mean:

• A scheme plan or amendment of a scheme plan; or
• A memorial or other instrument lodged with a scheme plan or relevant amendment of a scheme plan.

Easements created under CTA section 38 may be varied or discharged under CTA section 38(6)(a) (see EAS-03 Removal of Easements).

When dealing with vehicle access (Reg 40) and pedestrian accessway (Reg 44) easements, the CTR provides for these easements to be ‘exclusive’ or ‘non-exclusive’. This needs to be stated in the ‘Comments’ column of the Interests and Notifications Schedule (see  E  in the table example below). If the easement is exclusive, the grantee must keep the easement area in good order (including by doing any repairs, replacements, maintenance, cleaning or other upkeep).

• CTR Regulations 40 and 44 define “exclusive” as for the exclusive use of the grantee to the exclusion of the grantor”.

If the easement is to be non-exclusive:

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

The prescribed proportion will be:

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

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

4.1.1 Easements in gross (CTR regulation 45)

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

• planning condition,
• statutory provision or
• contract.

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

If the easement expires at the end of a particular period, that period must be specified in the short form document.

An easement in gross can only benefit a local government, public authority or utility service provider specified in the short form documents and cannot benefit a lot or common property within a scheme.

4.1.2 Easements for utility service (CTR regulation 46)

Utility Service

• water supply
• drainage
• gas supply
• transmission of electricity by overhead cable
• transmission of electricity by underground cable
• transmission of communication signals by overhead cable
• transmission of communication signals by underground cable
• sewerage
• generation, storage or conservation of energy

The rights conferred by the easement are set out in CTR regulation 46 and are very similar to the rights set out in TLA section 136C and Tenth Schedule with the addition of an easement for generation, storage or conservation of energy, which creates the following rights:

1. to make surveys, clear lines of sight, take levels, make or set up beacons, trenches or other marks, sink bores, take soil or other samples and do any other acts or things necessary for the investigation or demarcation of the easement area; and
2. to construct and install generating works and apparatus in the easement area; and
3. to construct other works (such as fences and access tracks) in the easement area for the purpose of ensuring the safe, secure and reliable operation of the grantee’s generation, storage or conversion of energy system; and
4. to inspect, alter, maintain, repair and replace generating works, apparatus and other works referred to in paragraph (b) and (c); and
5. to use the generating works, apparatus and other works referred to in paragraphs (b) and (c) for the purpose of generation, storage or conversion of energy and ensuring the safe, secure and reliable operation of the grantee’s generation, storage or conversion system; and
6. to break the surface of, dig, open up, remove, store or use any earth, stone, gravel, sand or other soil, vegetation or obstructions in the easement area and use the easement area for any of the purposes in paragraph (a), (b), (c), (d) or (e); and
7. to enter a lot or common property burdened by the easement for any of the purposes referred to in paragraphs (a) to (f).

However, unlike TLA section 136C, the CTA doesn’t require the written consent of any person who has a registered interest or is a caveator in respect of the land being burdened by the easement. The consents required under the CTA are from the holders of type 1 or 2 interest, which are defined in the CTA as:

Type 1

• the interest of a person who holds the remainder or reversionary interest in land comprised of a lot in a community titles scheme in a case where the owner of the lot holds a life estate in the land; or
• a registered mortgage; or
• the interest of a judgment creditor named in a property seizure and sale order registered under TLA section 133; or
• the interest of a person named in a memorial registered under the TLA as having a statutory right requiring the consent of the person to any dealing with the land; or
• a plantation interest registered under the TLA; or
• a carbon covenant registered under the TLA;
• a carbon right registered under the TLA;
• a profit à prendre registered under the TLA;

Type 2

• a registered lease; or
• a caveat recorded under the TLA;

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

4.1.3 Example Schedule of Interests and Notifications

INTERESTS AND  NOTIFICATIONS

SUBJECT	PURPOSE	STATUTORY REFERENCE	ORIGIN	LAND BURDENED	BENEFIT TO	COMMENTS
	EASEMENT (VEHICLE ACCESS)	CTA SECTION 38 REG 40	THIS PLAN	LOT 1	LOT 2
	EASEMENT (LIGHT AND AIR)	CTA SECTION 38 REG 41	THIS PLAN	LOT 1	LOT 2
	EASEMENT (PARTY WALL)	CTA SECTION 38 REG 42	THIS PLAN	LOT 2	LOT 1
	EASEMENT (INTRUSION)	CTA SECTION 38 REG 43	THIS PLAN	CP3	LOT 1
	EASEMENT (PEDESTRIAN ACCESS)	CTA SECTION 38 REG 44	THIS PLAN	LOT 2	LOT 1	THIS EASEMENT IS EXCLUSIVE
	EASEMENT (DRAINAGE)	CTA SECTION 38 REG 45	THIS PLAN	LOT 2	CITY OF STIRLING
	EASEMENT (GAS SUPPLY)	CTA SECTION 38 REG 45	THIS PLAN	LOT 2	ATCO	EXPIRES ON 31.12.2050
	EASEMENT (WATER SUPPLY) EASEMENT (DRAINAGE) EASEMENT (GAS SUPPLY) EASEMENT (TRANSMISSION AND DISTRIBUTION OF ELECTRICITY BY OVERHEAD CABLE AND CONDUCTORS) EASEMENT (TRANSMISSION AND DISTRIBUTION OF ELECTRICITY BY UNDERGROUND CABLE AND CONDUCTORS) EASEMENT (TRANSMISSION OF COMMUNICATION SIGNALS BY OVERHEAD CABLE) EASEMENT (TRANSMISSION OF COMMUNICATION SIGNALS BY UNDERGROUND CABLE) EASEMENT (SEWERAGE)	CTA SECTION 38 REG 46	THIS PLAN	LOT 2	CITY OF WANNEROO

5 Restrictive Covenants

These are a restriction on the land and can be utilised for such things as building restrictions, height restrictions and limitations on building materials, aesthetics and similar controls on appearance, access and use of the land. Restrictive covenants can be created on the scheme plan (TLA sec 136D, CTA sec 38 and P&D Act sec 150 P&D) or by deed (TLA sec 129A and 129BA). These types of covenants can be between lots within a community titles scheme or benefits may be given to land outside the scheme or public authority/local government.

An important feature of TLA sec 136D and CTA sec 38 restrictive covenants is that they have effect even while the land burdened and benefited are in the same ownership.

CTA sec 38 provides that restrictive covenants can be created on the scheme plan benefitting local governments and public authorities only. CTR regs 52 to 56 sets out the short form purpose, rights and liabilities of the restrictive covenants:-

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

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

INTERESTS AND NOTIFICATIONS

SUBJECT	PURPOSE	STATUTORY REFERENCE	ORIGIN	LAND BURDENED	BENEFIT TO	COMMENTS
	RESTRICTIVE COVENANT (RIGHT OF WAY)	CTA SECTION 38 REG 52	THIS PLAN	LOT 1	LOCAL GOVERNMENT, PUBLIC AUTHORITY OR UTILITY PUBLIC SERVICE PROVIDER
	RESTRICTIVE COVENANT (LAND USE)	CTA SECTION 38 REG 53	THIS PLAN & DOC……….	LOT 1	LOCAL GOVERNMENT, PUBLIC AUTHORITY OR UTILITY PUBLIC SERVICE PROVIDER
	RESTRICTIVE COVENANT (CONSERVATION)	CTA SECTION 38 REG 54	THIS PLAN & DOC……….	LOT 2	LOCAL GOVERNMENT, PUBLIC AUTHORITY OR UTILITY PUBLIC SERVICE PROVIDER
	RESTRICTIVE COVENANT (BUILDING ENVELOPE)	CTA SECTION 38 REG 54	THIS PLAN	CP3	LOCAL GOVERNMENT, PUBLIC AUTHORITY OR UTILITY PUBLIC SERVICE PROVIDER
	RESTRICTIVE COVENANT (FIRE)	CTA SECTION 38 REG 56	THIS PLAN	LOT 2	LOCAL GOVERNMENT, PUBLIC AUTHORITY OR UTILITY PUBLIC SERVICE PROVIDER

Alternatively, restrictive covenants may be created under TLA section 129A using an instrument. It is also possible to benefit land outside of the scheme by utilising this method. This means a lot within a community scheme may be encumbered by a covenant, but land outside the scheme may benefit from that covenant.

A local government may impose a covenant under TLA section 129BA 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.

P&D Act section 150 allows road access conditions, imposed by WAPC, to be endorsed on scheme plans. Conditions imposed as a restriction or prohibition on land abutting a road is to be shown in the Interests & Notifications schedule as a “COVENANT”.

Regulation 30 of the Planning and 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

Surveyors are advised that:

• WAPC may impose a condition under P&D Act section 150 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. P&D Act section 150 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 TLA section 129BA.
• 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: P&D Act section 150 does not replace restrictive covenants created under TLA section 129BA TLA but should be shown 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.

6 Restricted Use Condition

A restricted use condition restricts the purposes for which the whole or a part of the parcel may be used (a restricted use condition). This may be a requirement stipulated in the CDS.

Any scheme plan or amendment of scheme plan that is lodged for registration may restrict the purposes for which the whole or part of the parcel may be used. This is achieved by an endorsement on the plan that delineates the area affected and that makes specific reference to CTA sec 37(2)(a). In most cases, these restricted use conditions are related to land use and could be a condition of planning approval, for example a retirement village.

Surveyors adding a restricted use condition to the plan should use an endorsement that clearly specifies the restriction type and the lots or parts of lots affected. If it affects part of the land, the affected part is to be defined in the same manner as an easement boundary and noted on the face of the location/floor plan.

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

Carefully planned restricted use conditions can assist greatly in the successful and orderly management of a community titles scheme. Monetary penalties may be imposed where an owner or occupier of a lot contravenes the restricted use condition (CTA section 70).

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

• Note: A restriction of the kind referred to in CTA Section 37 is a restriction as to the use or use and occupation of the land in the community titles scheme, not a restriction on the ownership of the land in the scheme.

Version 1 30/06/2021

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 Land Titles Registration policy and procedure guides web page. Landgate accepts no responsibility where parties print this guide and seek to rely on information that is out of date.

1  Schedule of unit entitlements (CTA sections 41 & 42)

Each community titles scheme has a schedule of unit entitlements. It is one of the scheme documents required to be registered with a community titles scheme. It is an approved form which is available on Landgate’s website. The unit entitlement of lots and tier parcels in a community titles scheme has an important role in determining:

• the share in common property that the lot owner has in the scheme and schemes to which the lot owner's scheme belongs,
• subject to scheme by-laws, the contributions payable by a member of the scheme, and
• voting rights attached to lots and tier parcels in the scheme.

To create a community titles scheme the CTA provides for a licensed valuer to allocate unit entitlement to each lot based on the value of the lot in proportion to the total value of all lots in the scheme. This proportion must not vary by more than 5% more or less from the value the lot bears to the aggregate value of all of the lots in the scheme.

The CTA contains provisions which in certain circumstances allow unit entitlements to be varied from time to time to ensure that owners and mortgagees’ interests are protected. In a community title (building) scheme (building scheme) a proprietor may improve their lot with building additions and alterations which may result in a higher property valuation. Steps can be taken to amend the unit entitlement of the lot to reflect these changes if they mean that the relative value of the lot to other lots or tier parcels is greater than 5%.

Unit entitlement must be expressed in whole numbers on the schedule. The valuer’s certificate for a community titles scheme is valid for a period of 2 years from the date of the valuer signing the certificate. If the scheme is not registered within this time frame, then the valuer’s certificate lapses. The status of the scheme plan will indicate this and a new certificate and schedule of unit entitlements will be required before registration can proceed.

• Note: A fee is required when lodging a replacement schedule of unit entitlements for a community titles scheme that has a status of “Lapsed”.

The schedule of unit entitlements is lodged with the scheme plan or amendment of scheme plan effecting subdivision (if applicable).

1.1 Valuer's Certificate for a Community Titles (Building) Scheme

A licensed valuer must certify unit entitlement for a building scheme based on capital value within the meaning of the Valuation of Land Act 1978 (VLA). This means valuing the buildings and improvements (as defined in the VLA) on the lots together with the land content. Once the scheme is registered the unit entitlement will remain in force until action is taken to amend it.

A valuer must determine the capital value as if it had the standard level of internal fit out and finishes, which is the level that the licensed valuer determines to be a reasonable representation of the average expected level for lots in the scheme of that property type (residential, commercial or industrial) and of commensurate age.

The standard level of internal fit out and finishes for a lot must be determined by the valuer after:

• conducting a physical inspection of the tier parcel of the community titles (building) scheme;
• conducting an internal inspection of as many lots in the scheme as is reasonably practicable to enable a reasonable assessment of the average expected level of fit out and finishes for lots of the same property type and of commensurate age to be made;
• taking into account any relevant information obtained from the following:
  • the community corporation;
• the scheme plan;
• the original subdivision owner of the lot;
• the community development statement (CDS) for the community scheme to which the lot belongs.

An anomaly occurs when the building scheme contains a “vacant lot”, a lot that is wholly unimproved apart from having merged improvements (as defined in the VLA). The scheme will contain a certificate from a licensed valuer that certifies that the unit entitlements are based on the value of the lots containing buildings compared to those not containing a building. This is satisfactory until buildings are constructed on the vacant lots.

Unless reallocation of unit entitlements is effected, the various unit entitlements may be out of proportion to the unit entitlements which should apply if the lots were revalued on completion of the construction of the building on the lot. Should the scheme be terminated, the resultant title will be issued in the name of all the lot owners in undivided shares proportional to the unit entitlement of their lot. If the unit entitlement of a previously vacant lot has not been updated, the owner of that lot may be seriously disadvantaged if the scheme is terminated.

As the Community Titles Regulations 2021 (CTR) provides that in determining the value of a lot in a building scheme, a licensed valuer must not use improvements to a lot to determine the capital value of the lot unless the improvements are shown on the scheme plan. Therefore, it is important for the scheme plan for a building scheme to be amended to show improvements to a lot or lots in the scheme.

1.2 Valuer's Certificate for a Community Titles (Land) Scheme

A licensed valuer is required to certify that unit entitlement of a lot or tier parcel in a community titles (land) scheme and (scheme) is derived from site value within the meaning of the VLA. This means the value of the buildings and improvements on the lots are not taken into consideration when calculating unit entitlement.

1.3 Lodgement of Schedule of Unit Entitlements

A schedule of unit entitlements is lodged as an attachment with the lodgement of the scheme plan through the plan portal.

2  Amendment to the Schedule of Unit Entitlements

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

• as a result of an amendment of the scheme plan to give effect to subdivision; or
• if the amendment is authorised by special resolution of the community corporation; or
• if the amendment is authorised by order of the State Administrative Tribunal (SAT).

SAT may, on the application of a community corporation or the owner of a lot in a community titles scheme, authorise the amendment of the schedule of unit entitlements for the scheme if satisfied that the schedule would require amendment for compliance with CTA section 41(2) (that is, the proportion that the unit entitlement of a lot or tier parcel bears to the sum of the unit entitlements of all the lots or tier parcels in the scheme must not be greater than 5% more or less than the proportion that the value of the lot or tier parcel bears to the sum of the value of all lots or tier parcels in the scheme).

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

See CTS-11 Registration of an Amendment of a CTS not effecting subdivision for information on registering an amendment of the schedule of unit entitlements.

Version 1 30/06/2021

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 Land Titles Registration policy and procedure guides web page. Landgate accepts no responsibility where parties print this guide and seek to rely on information that is out of date.

1 Scheme by-laws (CTA sections 43-49)

Unlike the Strata Titles Act 1985, the CTA does not contain any standard scheme by-laws. A community titles scheme cannot be registered without the lodgement of a scheme by-laws document. The community corporation may make further scheme by-laws and amend or repeal existing ones, all by special resolution.

A special resolution is passed if:

• the value of the votes cast in favour of a proposed resolution total more than ¾ of the sum of the unit entitlements of all the lots and tier parcels in the community titles scheme; or
• for a community corporation with only 2 or 3 members, the value of the votes cast in favour of a proposed resolution total more than ⅔ of the sum of the unit entitlements of all the lots and tier parcels in the community titles scheme.

Scheme by-laws may refer to, or incorporate, wholly or partially and with or without modification, scheme by-laws for any other community titles scheme in the community scheme as in force from time to time. Scheme by-laws must be in the approved form, being the Community Titles Scheme By-laws form.

More general information about scheme by-laws can be found in Landgate’s Guide to Community Titles

2 Exclusive use by-laws (CTA section 46)

Exclusive use by-laws confer exclusive use and enjoyment of, or special privileges over, the common property in the community titles scheme or specified common property in the scheme (the special common property) on the occupiers, for the time being, of the following (the special lots):

• a specified lot or lots in the community scheme;
• all lots in a specified community titles scheme within the community scheme.

Exclusive use by-laws may include the following —

• terms and conditions on which the occupiers of special lots may use the special common property;
• particulars relating to access to the special common property and the provision and keeping of any key necessary;
• particulars of the hours during which the special common property may be used;
• provisions relating to the condition, maintenance, repair, renewal or replacement of the special common property;
• provisions relating to insurance of the special common property to be maintained by the owners/community corporation of special lots;
• matters relating to the determination of amounts payable to the community corporation (whose function is to control and manage the special common property) by the owners of special lots/ community corporation of the special lots, and the imposition and collection of the amounts;
• provision for the expiry of the by-laws.

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

Exclusive use by-laws can only be made or amended if the owner of each lot that is or is proposed to be a special lot/community corporation for special lots has given written consent to the by-laws. Exclusive use by-laws can be repealed without such consent.

2.1 Exclusive use by-laws sketches

See STP-11 Scheme By-laws.

3 Registration of by-laws and amendments to by-laws

A community corporation must apply to the Registrar of Titles to register scheme by-laws as soon as reasonably practicable and, in any event, within 3 months, after they are made, amended or repealed.

An interest created under scheme by-laws does not have effect as an interest registered under the TLA (CTA section 44(6)).

If, in accordance with scheme by-laws required under a planning condition, the amendment or repeal of scheme by-laws requires the approval of the WAPC or a local government.

Information about the registration of new, amended or repealed scheme by-laws, see CTS-07 – Registration of community titles schemes.

No presumption of validity of scheme by-laws

CTA section 53(1) states that the Registrar of Titles may, but is not obliged to, examine scheme by-laws lodged for registration for compliance with the CTA. Therefore, it must not be presumed that, because by-laws are registered, they are valid or enforceable (CTA section 53(2)).

Version 1 30/06/2021

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 Land Titles Registration 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.

This guide deals with the amendment of the scheme plan that effects subdivision.

It will be important to determine the nature of a change to a scheme plan for a community titles scheme (plan purpose) and the other scheme plans in the community scheme that may be affected by the change. It will also be necessary to determine the approvals, consents and other matters required for registration of the change to one or more scheme plans.

For all amendment of scheme plans effecting subdivision, surveyors must certify their plans with the surveyor’s certificate - regulation 54 of the Licensed Surveyors (General Surveying Practice) Amendment Regulations 1961.

1 Amendment of A Scheme Plan that gives effect to a Subdivision (Section 40 CTS)

Registration of an amendment of a community titles scheme gives effect to a subdivision if it effects a change to the:

• definition of a lot that belongs to the community titles scheme; or
• boundary of a tier parcel that belongs to the community titles scheme; or
• boundary of the tier parcel of the community titles scheme.

NB. All plans for an amendment of a community titles scheme effecting subdivision require the approval of the Western Australian Planning Commission (WAPC).

2 Change the Definition of a Lot

Changing the definition of a lot that belongs to a community titles scheme involves changing:

• 1 or more lots that belong to the community titles scheme to create —
  • 2 or more different lots; or
  • 1 or more different lots and common property; or
• 1 or more lots and common property that belong to the community titles scheme to create —
  • 1 or more different lots; or
  • 1 or more different lots and common property; or
• common property that belongs to the community titles scheme to create 1 or more lots and common property.
• consolidation of lots; or
• conversion of lots into common property.

To summarise, the above changes to lot definition are similar to types 1(b), 3 and 4 subdivisions under the Strata Titles Act 1985 (STA). Any change to the definition of a lot requires an amendment to the scheme plan for the scheme that the affected lot(s) is in.

With the exception of a lot converting to common property, when an amendment to lot definition takes effect, new lot numbers are created superseding lot numbers effected by the amendment. Parts of lots whose definition is changing are not permitted to remain after the change. Therefore, any lots that are affected by the change are re-dimensioned and are allocated a new lot number. This results in whole lots always remaining in the community titles scheme. A new schedule of unit entitlements will be required.

The amendment plan is an addition to the existing plan and retains the same plan number. On registration of the plan amendment, new titles are issued for the newly created lots and no title will issue for common property. The recording of the transactions amending the scheme plan are placed on the record of community titles scheme on the scheme plan.

2.1 Change the Definition of 1 Lot to Create 2 Lots and Common Property

For example, to change the definition of lot 2 on scheme plan 82000 for a tier 1 community titles (land) scheme to create 1 or more different lots and common property:

Plan Information

Plan Heading______________________________

Lots 9, 10, Common Property (CP16) and Easement

The lot being redefined (lot 2) will of course be found in the Former Tenure Table.

Former Tenure

2.2 Consolidation of lots

Consolidation of 2 or more lots in a community titles scheme into one lot in the scheme cannot include any of the common property in the scheme. Consolidation of lots can occur provided that there will be at least 2 lots in the scheme after the consolidation. Surveyors are required to lodge an amendment of scheme plan which may be accompanied by a revised amendment of unit entitlements. For example, to change the definition of lots 5 and 6 on scheme plan 85555 by consolidation of these lots for a tier 2 community titles (land) scheme:

Plan Information

Plan Heading:

Lot 7

Former Tenure

For scheme plans for a community titles (building) scheme, a floor plan is required showing the consolidated lot (new lot number) and a location plan is necessary if there are vacant lots or part lots external to a building.

2.3 Conversion of a lot to common property

The CTA permits a lot within a scheme to be transferred to the community corporation, converting the lot to common property. It is only possible to convert whole lots into common property. There must be at lease 2 lots in the scheme after the conversion and the community corporation must pass a special resolution to convert a lot or lots into common property.

Surveyors are required to lodge an amendment of scheme plan, which will be accompanied by a schedule of unit entitlements showing the entitlements of the remaining lots and the adjusted sum of all unit entitlements. For scheme plans for community titles (building) schemes a new location (in most cases) and floor plan is required. For scheme plans for community titles (land) schemes, a plan showing details of the additional common property is required. For example, to convert lot 5 on scheme plan 85555 to common property in a tier 2 community titles (land) scheme:

Plan Information

Plan Heading:

CP 7 common property area

Former Tenure

3 Change the Boundary of a Tier Parcel

Community titles schemes can be amended by changing the boundary of a tier parcel of a particular community titles scheme as well as of the community titles scheme to which a particular scheme belongs to.

NB: The plan amending a tier parcel boundary will require approval from the WAPC as per section 40(1)(c)(i) of the CTA.

If a “multiple owner” subdivision involves the transfer of a lot, or part of a lot, in a community titles scheme, the affected lot, or portion, must first be converted into common property before being transferred out of the scheme. For the scheme(s) that the affected community titles scheme belongs to, the adjustment to the tier parcel doesn’t require the creation of common property for that scheme.

For instance, if an owner of a lot in a tier 2 scheme wishes to sell off part of their lot to neighbouring land not part of the tier 2 scheme and outside of the community scheme, an amendment of the scheme plan for the tier 2 scheme amending the lot definition to create tier 2 common property will be required. This common property will be the land to be transferred out of the tier 2 scheme. A further amendment of the scheme plan of the tier 2 scheme to reflect the tier parcel after the transfer. Consequentially, as the land is also being removed from the community scheme, the scheme plan for the tier 1 scheme will have to be amended to show the balance of the tier 2 parcel in the tier 1 scheme after the land is transferred out..

Similarly, where land is being transferred into a tier 2 community titles scheme from outside the community scheme by a freehold subdivision, the land can only be included into the tier 2 scheme as tier 2 common property, however the consequential amendment to the tier 1 scheme plan to amend the tier 2 parcel doesn’t require the incoming land to become tier 1 common property.

The “balance lot” requirements for a freehold subdivision involving a community titles scheme will be the lodgement of a new deposited plan showing the new freehold lots as in a normal subdivision.

For full details on the registration of amendments to community titles schemes effecting subdivision, see CTS-09.

3.1 Addition to Common Property from Outside the Parcel

A community corporation may acquire contiguous freehold land to add to the scheme in the form of common property.

The additional land may then become a lot or part of a lot by an amendment to the definition of a lot.

For full details on the registration of the addition to common property of community titles schemes, see CTS-09.

3.1.1 Plans Required for Addition to Common Property

In the case of land adjoining or contiguous to the scheme to become common property in the tier 2 scheme, the following plans will be required:

• an amendment of the scheme plan for the tier 2 scheme needs to show the land coming in as common property.
• an amendment of the scheme plan for the tier 1 scheme, the incoming land just needs to be shown as an enlarged tier 2 parcel, not as tier 1 common property.
• for the amendment of the tier 1 parcel, a new deposited plan will need to be lodged showing the enlarged tier 1 parcel as well as the residual land (if applicable) after the transfer into the community scheme.

For example, to add contiguous land (portion of lot 99 on DP 12345) into the common property of scheme plan 85000 for a tier 2 community titles (land) scheme:

Plan Information

Plan Heading:

CP 5 common property area

Survey and Plan Notation

Addition of contiguous land into tier 2 common property

Former Tenure

For this example, because land was brought in from outside the tier 2 parcel, an amendment of the scheme plan for the tier 1 community titles (land) scheme (SP 82000) will also be required to be lodged and registered. This amendment of scheme plan will allocate a new number (in this case 3) to the amended tier parcel.

Plan Information

Plan Heading:

Tier 2 parcel 3

Survey and Plan Notation

Addition of contiguous land into tier parcel 1

Former Tenure

As the land that was added to the tier 2 common property on SP 85000 was from outside the community scheme, a new 2 lot deposited plan showing the resulting residual land (lot 102) as well as the new parent lot (lot 101) of the tier 1 scheme is required.

Plan Information

Plan Heading:

Lot 101

Former Tenure

3.2 Removing Land from Common Property

3.2.1 Plans required for removal of common property

The CTA permits land that is common property to be transferred by a community corporation, removing it from a community titles scheme and possibly the community scheme, which will require a deposited plan to be lodged to define the land to be transferred out of the community scheme. On approval of the deposited plan, surveyors are also required to lodge a plan of amendment showing the new boundaries of the community titles scheme after the disposal of common property.

In the case of scheme plans for community titles (building) schemes, this will require a replacement location plan only. This plan should show all the latest abuttal and offset (if required) information. 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 scheme 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 scheme plans for community titles (land) schemes, an amendment of the scheme plan showing the details of the existing or new common property (shown as a new CP number) will be required.

In the case of common property being removed from the tier 2 scheme to become its own lot or part of a lot contiguous to the community scheme, the following plans will be required:

• An amendment of the scheme plan for the tier 2 scheme showing the land remaining after the removal of common property,
• An amendment of the scheme plan for the tier 1 scheme showing the reduced tier 2 parcel,
• For the amendment of the tier 1 parcel, a new 2 lot deposited plan, one lot showing the reduced tier 1 parcel and the other lot created to become the parent lot of the community scheme after the removal of the land from the community scheme.

For example, to remove common property from scheme plan 85000 for a tier 2 community titles (land) scheme for amalgamation with the neighbouring lot 105 on DP 12345:

Plan Information

Plan Heading:

CP5 (removal of common property)

Survey and Plan Notation

Removal of common property from SP 85000

Former Tenure

Plan Information

Plan Heading:

Tier 2 parcel 3

Survey and Plan Notation

Amendment of tier parcel 1 (removal of common property)

Former Tenure

Parent deposited plan

Parent Deposited Plan

Plan Information

Plan Heading:

Lots 110 and 111

Former Tenure

The above examples illustrate how these changes to a tier 2 parcel boundary changes affect all schemes at tiers 1 and 2 as well as the underlying deposited plan. The amendment to the scheme plan for the tier 2 scheme shows how the scheme looks as a result of the amendment.

3.3 Transferring land within a community scheme

Plan Information

Plan Heading:

Common property area CP 7 (after removal of common property area CP 6)

Survey and Plan Notation

Removal of common property form SP54321

Former Tenure

SP 98765

Plan Information

Plan Heading:

Common property area CP 6 (after inclusion into scheme)

Survey and Plan Notation

Inclusion of common property into SP98765

Former Tenure

Plan Information

Plan Heading:

Tier 2 parcels 3 and 4

Survey and Plan Notation

Amendment of tier 2 parcels 1 and 2 (transfer of common property from SP 54321 into SP 98765)

Former Tenure

3.4 Community titles (building) schemes

Amendment of a community titles (building) scheme is required for showing a new building on a vacant lot or any building additions on a lot or the creation of new lots from a lot and/or common property.

The scheme amendment lodged for registration must include:

• a scheme plan of amendment comprising of:
  • the location plan depicting any new buildings or additions
  • the floor plan showing any newly created lots
• the schedule of unit entitlements of all the lots/tier parcels (including the lots created by the amendment) certified by a licensed valuer
• the provision for permit authority certificates from the local government (occupancy permit – BA10 or building approval certificate - BA14) if a building or buildings are constructed or modified as a result of the amendment.

Note: See CTS-04 for key requirements and standards required.

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.

For buildings shown on the floor plans of a plan amendment involving buildings, the relevant section of the CTA that applies to the scheme i.e. section 11(4) or 11(5) CTA.

3.5 Community titles (land) schemes

All amendments of community titles (land) scheme plans effecting subdivision must have:

• a scheme plan of amendment, and
• a schedule of unit entitlements certified by a licensed valuer (if applicable).

The drafting requirements and conventions for amendments of community titles (land) schemes are the same as for the normal preparation of a scheme plan as set out in CTS-04.

3.6 CTA, TLA and P&D Act Easements

Amendments of scheme plans can create:

• short form easements and restrictive covenants under the section 38 of the CTA
• short form easements under section 167 of the P&D Act
• restrictive covenants (road access conditions) under section 150 of the P&D Act;

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 Land Titles Registration 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.

Version 1 10/08/2021

1  Amendment of a scheme plan not effecting subdivision

This guide deals with an amendment of the scheme plan that do not effect subdivision. These amendments include:

• Compulsory acquisitions
• Crown land amalgamations
• Adverse possession

2  Compulsory acquisitions

Compulsorily acquisitions require the acquiring authority make an application for registration of the amendment of community titles schemes to give effect to the acquisition and any consequential adjustment of the community scheme to which the tier parcel belongs.

Land may be taken from a community titles scheme by:

• Acquisition by the Commonwealth of Australia
• Conveyance and Acquisition Order under the Land Administration Act 1997 (LAA)
• Taking Order under the LAA

See ACQ-01 Acquisitions and TAK-01 Taking Orders - Overview for more information.

Where land is compulsorily acquired from a scheme, the following requirements apply:

• a replacement location plan showing the scheme after the land has been acquired if the land being taken is common property in a building scheme,
• a replacement floor plan (for a building scheme) or scheme plan (for a land scheme) that shows the lots and common property remaining in the scheme if any of the land being taken involves land within a lot within a community titles scheme;
• a plan of amendment for any community titles scheme to which a tier 2 or 3 scheme belongs;
• a deposited plan showing the area of land to be taken together with a new parent lot of the community scheme after the acquisition;
• a CSD file for any land scheme at each tier affected by a compulsory acquisition;
• unit entitlement may also vary so surveyors should inform their client that unit entitlement might require reallocation in each affected scheme at each tier.

Example 1:

For example, part of lot 2 on scheme plan 95000 (tier 2 land scheme) is being compulsorily acquired for road widening purposes by Main Roads.

Tier 2 scheme

• Note that the new floor plan/scheme plan must use the existing lot numbers.

Plan Information

Plan Heading:

Lot 2 redefinition and road widening

Survey and Plan Notation

Redefinition of lot 2 after compulsory acquisition for road widening purposes

Former Tenure

Tier 1 scheme

• Note that the amended scheme plan for the tier 1 scheme must use the existing tier 2 parcel numbers (in this case 1).

Plan Information

Plan Heading:

Tier 2 parcel 1 redefinition

Survey and Plan Notation

Redefinition of tier 2 parcel 1 after compulsory acquisition for road purposes

Former Tenure

Parent deposited plan

• Note that a new lot on DP will be required to redefine the amended tier 1 parcel.

Plan Information

Plan Heading:

Lot 120

Survey and Plan Notation

Compulsory acquisition for road widening purposes

Former Tenure

2.1  Crown land amalgamations

A community corporation 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
• portion of Crown land
• closed private road or ROW

The additional land may then become a lot or part of a lot within the scheme.

The following information is for amalgamation of crown land not requiring the approval of the WAPC.

2.1.1 Registration procedures for amalgamation of a closed public road or other Crown land

Closed roads or Crown land may be included into an adjoining land parcel on registration of a Conveyance and Amalgamation Order under section 87 of the LAA. A new deposited plan is required showing the “outcome” of the amalgamation of the Crown land with the adjoining parcel. The area of amalgamated Crown land is shown on this plan within an inset. See CTS-11 Registration of an amendment of a community titles scheme - not effecting subdivision for registration information.

2.2.1  Amalgamation of closed private roads or ways

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

• closure and amalgamation under LAA sections 52 and 87;
• an application for closure and inclusion;
• court order.

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

Where land is amalgamated into a community scheme, the following requirements apply:

• a replacement location plan showing the scheme after the land has been amalgamated as common property (building scheme only); or
• a replacement scheme plan for a land scheme that shows the common property being amalgamated (land scheme only);
• a plan of amendment for any community titles scheme to which a tier 2 or 3 scheme belongs;
• a deposited plan showing the area of land being amalgamated (inset lot) together with a new parent lot of the community scheme after the amalgamation;
• a CSD file for any land scheme at each tier affected by an amalgamation;
• unit entitlement may also vary so surveyors should inform their client that unit entitlement might require reallocation in each affected scheme at each tier;

Example 2

For example, a contiguous closed road is to be amalgamated into scheme plan 95000 (tier 2 land scheme).

Tier 2 land scheme

• Note that the amalgamated land comes in as tier 2 common property.

Plan Information

Plan Heading:

CP 3 common property area

Survey and Plan Notation

Redefinition of SP 100000 after amalgamation of closed road.

Former Tenure

Tier 1 land scheme

• Note that the amalgamated land becomes part of the tier 2 parcel, which is allocated a new number.

Plan Information

Plan Heading:

Tier 1 parcel 4

Survey and Plan Notation

Redefinition of tier 1 parcel 1 after amalgamation of closed road.

Former Tenure

Parent deposited plan

• Note that a new lot on DP will be required to redefine the amended tier 1 parcel.

Plan Information

Plan Heading:

Lot 501

Survey and Plan Notation

Amalgamation of closed road

3  Adverse possession and community titles

Land under the Transfer of Land Act 1893 (TLA) may be made the subject of an Application for Title by Possession (also known as an Adverse Possession claim) see section 222 of the TLA. Generally speaking the Applicant must be able to show adverse possession of the claimed land for a period of 30 years (refer to Land Titles Registration Policy and Procedure Guide: TYP-04 Bringing Land under the Transfer of Land Act 1893 Section 2).

All Applications for Title by Possession are at the discretion of the Commissioner of Titles. If an application is successful, the applicant will be entitled to become the registered proprietor of the land subject to the Application for Title by Possession.

See POS-01 Adverse Possession for more information.

Any possessory claim involving a community scheme may impact all tiers within the scheme.

Where a community titles scheme is affected by a successful adverse possession claim, the following requirements apply:

• a replacement location and floor plan showing how the scheme has been affected after the successful claim (building scheme only); or
• a replacement scheme plan showing how the scheme has been affected after the successful claim (land scheme only);
• a replacement plan for any community titles scheme to which a tier 2 or 3 scheme belongs affected by the successful claim;
• a deposited plan showing the redefinition of the adjoining land together with a new parent lot of the community scheme after the successful claim (if land outside the community scheme is involved);
• a CSD file for the deposited plan and any land scheme at each tier affected by an amalgamation;
• unit entitlement may also vary so surveyors should inform their client that unit entitlement might require reallocation in each affected scheme at each tier.

Example 3:

If lot 1 on tier 2 scheme plan 100000 is successful in a possessory claim of contiguous land not part of the scheme, the tier 2 and tier 1scheme plans will need to be amended and a new deposited plan redefining the tier 1 tier parcel will also be required.

Tier 2 land scheme

• Note that the amended scheme plan for the tier 1 scheme must use the existing tier 2 lot numbers (in this case 1).

Plan Information

Plan Heading:

Redefinition of lot 1

Survey and Plan Notation

Redefinition of lot 1 after adverse possession claim.

Tier 1 land scheme

• Note that the amended scheme plan for the tier 1 scheme must use the existing tier 2 parcel number (in this case 1).

Plan Information

Plan Heading:

Redefinition of tier 2 parcel 1

Survey and Plan Notation

Redefinition of tier 2 parcel 1 after adverse possession claim.

Parent deposited plan

• Note that a new lot on DP (in this case 501) will be required to redefine the amended tier 1 parcel.

Plan Information

Plan Heading:

Lot 501

Survey and Plan Notation

Redefinition of tier 1 parcel 1 of SP 99000 after adverse possession claim.

Example 4:

For a possessory claim against a lot owner in a community titles scheme, for example, part of lot 2 on scheme plan 95000 (tier 2 land scheme) being reduced as a result of a successful possessory claim to the owners of the adjoining freehold land, the following requirements apply:

Tier 2 scheme

Plan Information

Plan Heading:

Lot 2 redefinition

Survey and Plan Notation

Redefinition of lot 2 after land taken by adverse possession

There is no need for a Former Tenure Table.

Tier 1 scheme

• Note that the amended scheme plan for the tier 1 scheme must use the existing tier 2 parcel number (in this case 1).

Plan Information

Plan Heading:

Tier 2 parcel 1 redefinition

Survey and Plan Notation

Redefinition of tier 2 parcel 1 after adverse possession claim

There is no need for a Former Tenure Table.

Parent deposited plan

• Note that a new lot on DP will be required to redefine the amended tier 1 parcel.

Plan Information

Plan Heading:

Lot 200 and 201

Survey and Plan Notation

Redefinition of tier 1 parcel 1 of SP 90000 after adverse possession claim

Former Tenure

Example 5:

In the case of a successful claim between lots (in the below case lot 2 successfully claiming from lot 2) within the same community titles scheme, the following requirements apply:

Tier 2 land scheme

Existing SP 100000 Amended SP 100000

• Note that the amended scheme plan for the tier 1 scheme must use the existing tier 2 lot numbers (in this case 1 and 2).

Plan Information

Plan Heading:

Redefinition of lots 1 and 2

Survey and Plan Notation

Redefinition of lots 1 and 2 after adverse possession claim.

In this case, there is no need to amend any other scheme plan or deposited plan.

Version 1 -  30/06/2021

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

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

Various factors beyond the control of Landgate can affect the quality or accuracy of the information and products. While every effort has been made to ensure accuracy and completeness, no guarantee is given, nor responsibility taken by Landgate for errors or omissions in the guide. Landgate does not accept any liability for any loss or damage incurred as a result of the use of, or reliance upon the information provided in this guide or incorporated into it by reference.

1 Amendment of scheme by-laws

Once scheme by-laws have been registered, further scheme by-laws may be made, amended or repealed. See CTS-07 Registration of community titles schemes for registration of such amendments to registered scheme by-laws.

2 Amendment of scheme notice

The name of the community corporation, the address for service of notices of the community corporation and the electronic address for service of the community corporation (an optional additional address) is shown on the Scheme notice and will be endorsed on the Record of community titles scheme in the scheme plan.

A community corporation may:

• by special resolution and with the approval of the Registrar of Titles, change the name of the community corporation;
• by ordinary resolution, change the community corporation’s address and electronic address for service of notice.

The change takes effect from the registration of the change by the Registrar of Titles.

To effect this type of amendment, the following documents must be lodged.

2.1 Change of name

Form to use: Scheme notice:

• Accompanied by Certificate of community corporation – Change of community corporation name and/or address for service.

2.2 Change of address for service of the community corporation

Form to use: Scheme notice:

• Accompanied by Certificate of community corporation – Change of community corporation name and/or address for service.

3 Amendment of schedule of unit entitlements

The schedule of unit entitlements for a community titles scheme allocates a whole number (unit entitlement) to each lot in the scheme and states the number that is the sum of the unit entitlements of all lots in the scheme. For further information, refer to CTS-05 Schedule of Unit Entitlements.

Upon the registration of an amended schedule of unit entitlements under section 42 of the Act, the amended share of a lot owner in the common property is deemed to be subject to any pre-­existing encumbrances registered or caveats lodged against their lot.

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

To effect this type of amendment, the following documents must be lodged.

3.1 Amendment authorised by the community corporation

A community corporation may, by special resolution, amend the schedule of unit entitlements. The change takes effect from the registration of the amendment by the Registrar of Titles.

Form to use: General Application:

• Made by the community corporation;
• Accompanied by a Certificate of community corporation – Schedule of unit entitlements / leases / easements / restrictive covenants;
  • attaching a copy of the electronic version of the Schedule of unit entitlements that is to be lodged at Landgate (see next dot point) – this copy is to be executed by the community corporation; and
• A Schedule of unit entitlements from a licensed valuer. This is to be lodged electronically via the Plan Lodgement Portal by the surveyor or by email to plans.consultants@landgate.wa.gov.au (contact your valuer).
• No further written consents are required.

3.2 Amendment authorised by order of the tribunal

A proprietor of a lot, registered mortgagee or the community corporation, may apply to the State Administrative Tribunal (SAT) to amend the schedule of unit entitlements in the community titles scheme.

Form to use: General Application:

• Made by the applicant; and
• Accompanied by the SAT Order.
• No further written consents are required.

4 Amendment of community development statement

See guide CTS-07 Registration of community titles schemes for registration of subsequent amendments at Landgate after registration of the community development statement with the Tier 1 Scheme. Also see guide CTS-02 Planning and Development for further details.

5 Amendment of scheme plan – Imposition, variation or revocation of a restricted use condition (section 40(1)(d) of the Act)

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

Where a scheme plan has been registered without any restriction as to use, the plan may be amended to restrict the use to which the parcel or part of the parcel may be put. In this case, an amendment of scheme plan is lodged to impose the restriction on use.

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

A community corporation may, by special resolution, impose, vary or revoke a restricted use condition.

To effect this type of amendment, the following documents must be lodged.

Form to use: Application to amend community titles scheme – Amendment of scheme plan – Restricted use condition:

• Made by the community corporation;
• Accompanied by the written consent of the Western Australian Planning Commission;
• Interest Only Deposited Plan, if applicable.

6 Lease of a lot within or land contiguous to scheme land

6.1 Acceptance of lease

See guide LEA-01 Leases of Land for further details.

6.2 Surrender of lease

See guide LEA-03 Leases of Land – removal for further details.

7 Lease over common property

As this type of lease is not considered an amendment of a community titles scheme, please see Land Titles Policy and Policy Guide LEA-01 Leases of Land for further details.

8 Also see

CTS-02 Planning and Development

CTS-05 Schedule of Unit Entitlements

CTS-07 Registration of community titles schemes

LEA-01 Leases of Land

LEA-03 Leases of Land – removal

Version 1 30/06/2021

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 Community 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.

This table has been created as a guide to assist customers on what forms may need to be lodged for dealings involving a community titles scheme.

It sets out the non-plan forms used in community titles dealings and shows whether they are to be lodged as documents or evidence.

Landgate’s land titles registration policy and procedure guides must be read together with the information below to gain a more complete understanding of the requirements associated with particular community titles dealings.

Further resources include:

• Community titles policy and procedure guides
• Community Titles Act forms

For more information on community titles in Western Australia, visit strata.wa.gov.au.

Dealings Involving a Community Titles Scheme

• New schemes
• Amendments to schemes
• Terminations

New schemes

PURPOSE	DOCUMENT NAME (AND TYPE)	EVIDENCE (that may be required)
1. Registration new scheme See CTS-07 guide: Registration of community titles schemes	Application to register a community titles scheme (CA)	Written consent of all type 1 and type 2 interest holders (to the subdivision of the parcel or lot by the community titles scheme) (or consent endorsed on the Notice to type 1 and type 2 interest holders for consent to subdivision and schedule of unit entitlements) Written consents from type 1 and type 2 interest holders and/or other registered interest holders (for purposes other than to the subdivision of the parcel or lot by the scheme, e.g. creation of s.136C TLA easement) Duplicate Certificate of Title (if any) Completion of the Statement to deal with land section on the form, if applicable
	Scheme notice (SN)	N/A
	Community titles scheme by-laws (SB)	Written consent of owners of special lots are required when making, amending or repealing exclusive use by-laws. Where all lots in the scheme are special lots, the owner will be the community corporation.
	Application to register a community development statement or amendment (CD)	The community development statement or consolidated version of the community development statement incorporating the numbered amendment as relevant, endorsed with the approval of Planning Commission.

Amendments to Schemes

PURPOSE	DOCUMENT NAME (AND TYPE)	EVIDENCE (that may be required)
2. Registration of an amendment of a community development statement See CTS-07 guide: Registration of community titles schemes	Application to register a community development statement or amendment (CD)	The community development statement or consolidated version of the community development statement incorporating the numbered amendment as relevant, endorsed with the approval of Planning Commission.
3. Subdivision of a lot(s), and/or common property (excluding subdivision of a lot by a community titles scheme) See CTS-09 guide: Registration of an amendment of a community titles scheme - effecting subdivision	Application for registration of an amendment of a community titles scheme - amendment of a scheme plan effecting subdivision (CC)	Certificate of community corporation – Amendment of scheme plan effecting subdivision Consent statement – Type 1 and type 2 interest holders for amendment of scheme plan and schedule of unit entitlements (attaching written consents or consents affixed to the Notice to lot owners and others for amendment of scheme plan) Written consent by an owner of any lot proposed to be affected by the subdivision (or consents affixed to the Notice to lot owners and others for amendment of scheme plan) Completion of the Statement to deal with land section on the form, if applicable
	Application to register a community development statement or amendment, (CD) if applicable	The community development statement or consolidated version of the community development statement incorporating the numbered amendment as relevant, endorsed with the approval of Planning Commission.
	Transfer of Land (T) PLUS any documents necessary to remove encumbrances and caveats	N/A
4. Subdivision by consolidation of lots See CTS-09 guide: Registration of an amendment of a community titles scheme - amendment of scheme plan effecting subdivision	Application for registration of an amendment of a community titles scheme - amendment of a scheme plan effecting subdivision (CC)	Consent statement – Type 1 and type 2 interest holders for amendment of scheme plan and schedule of unit entitlements (with written consents or consents affixed to the Notice to lot owners and others for amendment of scheme plan) Completion of the Statement to deal with land section on the form, if applicable
	Application to register a community development statement or amendment, (CD) if applicable	The community development statement or consolidated version of the community development statement incorporating the numbered amendment as relevant, endorsed with the approval of Planning Commission.
5. Subdivision by conversion of lot to common property See  CTS-09 guide: Registration of an amendment of a community titles scheme - amendment of scheme plan effecting subdivision	Transfer of Land (T)	N/A
	Application for registration of an amendment of a community titles scheme - amendment of a scheme plan effecting subdivision (CC)	Certificate of community corporation – Amendment of scheme plan effecting subdivision Consent statement – Type 1 and type 2 interest holders for amendment of scheme plan and schedule of unit entitlements (with written consents or consents affixed to the Notice to lot owners and others for amendment of scheme plan) Written consents of lot owners affected by the amendment (or consents affixed to the Notice to lot owners and others for amendment of scheme plan ) Completion of the Statement to deal with land section on the form, if applicable
	Application to register a community development statement or amendment, (CD) if applicable	The community development statement or consolidated version of the community development statement incorporating the numbered amendment as relevant, endorsed with the approval of Planning Commission.
6. Enlarge common property by addition of land to a tier parcel See CTS-09 guide: Registration of an amendment of a community titles scheme - amendment of scheme plan effecting subdivision	Transfer of Land (T)	Duplicate Certificate of Title (if any)
	Application for registration of an amendment of a community titles scheme - amendment of a scheme plan effecting subdivision (CC)	Certificate of community corporation – Amendment of scheme plan effecting subdivision Consent statement – Type 1 and type 2 interest holders for amendment of scheme plan and schedule of unit entitlements (attaching written consents or consents affixed to the Notice to lot owners and others for amendment of scheme plan) Written consents of lot owners affected by the amendment (or consents affixed to the Notice to lot owners and others for amendment of scheme plan ) Completion of the Statement to deal with land section on the form, if applicable
	Application to register a community development statement or amendment, (CD) if applicable	The community development statement or consolidated version of the community development statement incorporating the numbered amendment as relevant, endorsed with the approval of Planning Commission.
	Application for new titles (subject to survey) (AF)	N/A
7. Removal of common property from a tier parcel See  CTS-09 guide: Registration of an amendment of a community titles scheme - effecting subdivision	Transfer of Land (T)	N/A
	Application for registration of an amendment of a community titles scheme - amendment of a scheme plan effecting subdivision (CC)	Certificate of community corporation – Amendment of scheme plan effecting subdivision Consent statement – Type 1 and type 2 interest holders for amendment of scheme plan and schedule of unit entitlements (attaching written consents or consents affixed to the Notice to lot owners and others for amendment of scheme plan) Written consents of lot owners affected by the amendment (or consents affixed to the Notice to lot owners and others for amendment of scheme plan ) Completion of the Statement to deal with land section on the form, if applicable
	Application to register a community development statement or amendment, (CD) if applicable	The community development statement or consolidated version of the community development statement incorporating the numbered amendment as relevant, endorsed with the approval of Planning Commission.
	Application for new titles (subject to survey) (AF)	Duplicate Certificate of Title
8. Scheme Notice - Change of name or address for service of notices See CTS-11 guide: Registration of an amendment of a community titles scheme - not effecting subdivision	Scheme notice (SN)	Certificate of community corporation - Change of community corporation name and/or address for service
9. Scheme by-laws – Making, amending or repealing registered scheme by-laws See CTS-07 Registration of community titles schemes	Community titles scheme by-laws (SB)	Written consent of owners of special lots when making, amending or repealing exclusive use by-laws. Where all lots in the scheme are special lots, the owner will be the community corporation. Written consent of Planning Commission or Local Government (as relevant) when amending or repealing by-laws under planning (scheme by-laws) condition
10. Restricted Use See CTS-11 guide: Registration of an amendment of a community titles scheme - not effecting subdivision	Application to amend community titles scheme - Amendment of scheme plan - Restricted use condition (SR)	Written consent from Planning Commission
11. Amendment of Schedule of unit entitlements See CTS-11 guide: Registration of an amendment of a community titles scheme - not effecting subdivision	General Application (A)	Certificate of community corporation - Schedule of unit entitlements / leases / easements/ restrictive covenants; or Order of State Administrative Tribunal (SAT) Copy of Schedule of unit entitlements acknowledged by the community corporation’s execution on the form
12. Acceptance of a Lease or Easement or Restrictive Covenant affecting common property See CTS-11 guide: Registration of an amendment of a community titles scheme - not effecting subdivision	Lease (L) Easement (E) Covenant (RC)	Certificate of community corporation - Schedule of unit entitlements / leases / easements/ restrictive covenants Written consents of owners of affected lots Consent Statement - Type 1 & type 2 interest holders of land leased as temporary common property, and amendment of scheme plan to create or discharge an easement or restrictive covenant (with written consents or consents affixed to the Notice to lot owners and others for amendment of scheme plan) Written consent of Planning Commission for creation of short form easements or restrictive covenants
13. Surrender of a Lease or Discharge of an Easement/Restrictive Covenant affecting common property See CTS-11 guide: Registration of an amendment of a community titles scheme - not effecting subdivision	For leases - Surrender (S) or Blank Instrument form (AE) For easements - General Application (A) or Blank Instrument form (AE) For restrictive covenants - General Application (A) or Blank Instrument form (AE)	Certificate of community corporation - Schedule of unit entitlements / leases / easements/ restrictive covenants Written consents of affected owners Consent Statement - Type 1 & type 2 interest holders of land leased as temporary common property, and amendment of scheme plan to create or discharge an easement or restrictive covenant (with written consents or consents affixed to the Notice to lot owners and others for amendment of scheme plan) Written consent of the Lessor, if required under the lease Written consent of the Planning Commission for discharge of short form easement or restrictive covenant

Terminations

Coming soon

Version 1 – 30/06/2021

(c) A change to the boundary of the tier parcel of the community titles scheme, for example:

• The addition of land from outside the tier parcel of the community titles scheme to common property in the scheme.

Example:

• The removal from the tier parcel of the community titles scheme of land comprised of common property.

Example:

Details of entries:

• Scheme number: Enter the number shown on the scheme plan for the community titles scheme, so if the plan says scheme plan 12345 then the scheme number is 12345.
• Tier number: Enter the tier number for the Scheme (i.e. tier 1, tier 2 or tier 3).
• Parent land:
  • Land description: Enter the lot on plan or tier parcel details of the land the subject of the amendment of community titles scheme, e.g. Lot 1 on Scheme Plan 12345. If land being subdivided is common property, enter the words Common property of scheme plan 12345 and its unique number (if shown on the scheme plan).
  • Extent: “Whole” where a lot(s) is the subject of the subdivision or the whole of a common property area. “Part” where only part of the common property is the subject of the subdivision.
  • Volume Folio: e.g.2500/1 for a lot, or SP12345 where common property is affected.
• Applicant: Enter:
  • the name of the community corporation for the Scheme; or
  • the full name of the owner of a lot in the Scheme (and the address to which future notices can be sent); or
  • the name of the community corporation for a tier parcel that belongs to the Scheme.
• Question 1: Select the type of amendment of scheme plan (i.e. either (a), (b) or (c)).
• Question 2: Where new lots are created as a result of the amendment, enter the number of new lots being created (excluding vesting lots).
• Question 3: If the answer is Yes, then question 4 must be completed. If the answer is No, continue to the Accompanying documents section.
• Question 4:
  • Enter the CDS amendment number. This is the CDS number including the amendment number. For example, 1000-15.
  • Enter the approval date that the CDS amendment number stated in this question was approved by the Western Australian Planning Commission (Planning Commission). You have 4 years from that date to register the amendment of scheme plan.

Accompanying documents:

Where any of the documents listed are included with the Application, those boxes must be ticked.

• Schedule of unit entitlements – will be required if new lots are created, lots consolidated, lots converted to common property or a tier parcel in the community titles scheme is enlarged or reduced.
• Application to register a community development statement or amendment (if applicable) – If the Western Australian Planning Commission (Planning Commission) approved an amendment of the community development statement for the community scheme to which the above numbered scheme belongs, in connection with the subdivision to which this application for amendment of scheme plan relates, and the relevant amendment of community development statement recorded on the amendment of scheme plan has not been registered previously by the Planning Commission.
• Transfer of land - If there has been an enlargement or reduction of the common property within the community titles scheme or in a tier parcel belonging to the community titles scheme, the relevant transfer of land document must be lodged together with the Application.
• Certificate of community corporation – Amendment of scheme plan effecting subdivision is required to be lodged as evidence where there has been a change to the community titles scheme affecting common property. It is not required for consolidation of lots.
• Consent statement - Type 1 and type 2 interest holders for amendment of scheme plan and schedule of unit entitlements:
  • type 1 interest means —
    • (a) the interest of a person who holds the remainder or reversionary interest in land comprised of a lot in a community titles scheme in a case where the owner of the lot holds a life estate in the land; or
    • (b) a registered mortgage; or
    • (c) the interest of a judgment creditor named in a property seizure and sale order registered under section 133 of the Transfer of Land Act 1893; or
    • (d) the interest of a person named in a memorial registered under the Transfer of Land Act 1893 as having a statutory right requiring the consent of the person to any dealing with the land; or
    • (e) a plantation interest registered under the Transfer of Land Act 1893; or
    • (f) a carbon covenant registered under the Transfer of Land Act 1893; or
    • (g) a carbon right registered under the Transfer of Land Act 1893; or
    • (h) a profit à prendre registered under the Transfer of Land Act 1893;
  • type 2 interest means —
    • (a) a registered lease; or
    • (b) a caveat recorded under the Transfer of Land Act 1893.
• If the amendment of scheme plan affects a lot owner, by way of their lot being subdivided or there is a change to their unit entitlements, then their written consent will also be required if they are not the Applicant. If their written consent is endorsed on the Notice to lot owners and others for amendment of scheme plan, then that can be provided.
• Statement to deal with land must be selected and completed if there are limitations, interests, encumbrances and notifications registered or recorded in the Register against the land the subject of the Application. If required, select the triangle to open the field and complete as follows. If not required, collapse this field and it will not be visible when the form has been printed.
  • Certificate of Title Vol/Fol: List the relevant title details.
  • Limitations, interests, encumbrances and notifications: List all by document type and number.
  • Action: Describe whether it is being discharged, withdrawn, otherwise removed, brought forward in full, modified or varied, e.g. Discharge off Lot 1.
  This statement will alert the Registrar of Titles to potential documents that may be lodged to effect any changes required. E.g. if it says “Discharge off Lot 1” with regard to a mortgage, then we would expect to see a discharge of mortgage document with the application.
• Execution: To be executed by the community corporation for the community titles scheme the subject of the Application, or a lot owner in the scheme or a community corporation for a tier parcel that belongs to the scheme.

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Name of Form: Application to register a community development statement or amendment

Type of Form: Application to be lodged at Landgate

When it’s used: When applying for registration of the consolidated community development statement (CDS) for a community scheme approved by the Western Australian Planning Commission (Planning Commission):

• with the application to register the scheme documents for the Tier 1 Scheme that will belong to the community scheme; or
• to incorporate an amendment of the previously registered CDS for the community scheme to which the Tier 1 Scheme belongs.

Details of entries:

• Tier 1 scheme number: Enter the number which is shown on the tier 1 Scheme plan for the community scheme, so if the plan says Tier 1 Scheme plan 12345, then the scheme number is 12345.
• Applicant: Select appropriate option:
  • If someone other than the Western Australian Planning Commission (Planning Commission) is applying to register the community development statement or amendment, enter the name of the person applying for registration. This will be all the owners of the parcel of land or lot in the accompanying Application to register a community titles scheme, or the community corporation or a member of the community corporation for an amendment of scheme, the subject of the subdivision.
  • If the Planning Commission is applying for registration of an amendment of a previously registered CDS for the community scheme to which the Tier 1 scheme belongs.
• Select appropriate application option for registration:
  • Option 1 - with scheme documents for registration of Tier 1 scheme:
    • CDS Number: Enter the CDS number and amendment number (if any) as shown on the Application to register a community titles scheme.
  • Option 2 - amendment of a previously registered community development statement.
    • CDS Amendment Number: Enter the amendment number of the CDS incorporating amendment approved by the Planning Commission being lodged for registration.
    • Date amendment approved by Planning Commission: Enter the date the amendment was approved by the Planning Commission.
    • Question 2.1 – If the answer is Yes, then question 2 must be completed.
    • Question 2.2 – If the answer is Yes, then ensure the Application to register a community titles scheme accompanies this application. If the answer is No, the Application to register a community titles scheme mentioned in 1 above must be lodged for registration within 4 years of the CDS amendment number.

Other requirements:

• Accompanying document - The relevant consolidated CDS, endorsed with the approval of the Planning Commission.
• Insert date of execution.
• To be executed by the Applicant.

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