STR-05 Amendment of Strata Titles Scheme - Not effecting Subdivision
Version 4 – 30/06/2021
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This guide is produced by the Western Australian Land Information Authority (Landgate) to provide the community with a basic understanding of strata titling principles. It is a general information source only, it is not legal advice and should not be taken as legal advice on strata titles. You should refer to the legislation available on the WA government legislation website www.legislation.wa.gov.au
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A registered strata titles scheme may be modified, where an amendment of scheme plan to effect a subdivision is not required, by the lodgement of any of the applications referred to in this guide. Any amendment that requires lodgement of an amendment of scheme plan that effects a subdivision is dealt with in a separate guide STR-04 Amendment of Strata Titles Scheme – Effecting Subdivision.
These applications are recorded by endorsing a memorandum of the nature of the application on the Record of Strata Titles Scheme in the scheme plan. The scheme plan shows the current state of the Register in relation to the plan and also the history of activities concerning the strata titles scheme1 from its original registration.
1(updated to amend "on the plan" to "concerning the strata titles scheme)
2 Amendment of Scheme Notice - Change of Name
A strata company may, by special resolution and with the approval of the Registrar of Titles, change the name of the scheme. The change takes effect from the registration of the change by the Registrar of Titles.
To change the scheme name, the strata company (in its old name) lodges an Amendment of Scheme Notice with the Registrar of Titles accompanied by a:
- Certificate of Strata Company - Change of name and/or address. (This Certificate can also be used to amend the address for service of the strata company.)
The duplicate certificates of title (if any) for the lots are not required to be lodged with the application.
If the common seal is used on a certificate of this kind, it should show the old name of the strata company.
The new name of the strata titles scheme does not come into effect until after registration of the Amendment of Scheme Notice.
Whilst the Amendment of Scheme Notice will depict the new name of the scheme, its registration is endorsed on the Record of Strata Titles Scheme in the scheme plan by the Registrar of Titles.
3 Amendment of Scheme Notice - Change of Address for Service of the Strata Company
For schemes registered on or after 1 May 2020, the address for service of notices is shown on the Scheme Notice (which will be endorsed on the Record of Strata Titles Scheme in the scheme plan).
For strata plans registered prior to 14 April 1996, the address for service of notices to the strata company is shown on the location plan, subject to any change being recorded on the Record of Strata Titles Scheme.
For strata/survey-strata plans registered after 14 April 1996 to 30 April 2020, the address for service of notices to the strata company is the address of the parcel that is shown on the location plan, subject to any change being recorded on the Record of Strata Titles Scheme.
To change the strata company's address for service, the strata company lodges an Amendment of Scheme Notice with the Registrar of Titles accompanied by a:
- Certificate of Strata Company - Change of name and/or address. (This Certificate can also be used to amend the name of the scheme.)
The duplicate certificates of title (if any) for the lots are not required to be lodged with the application.
Whilst the Amendment of Scheme Notice will depict the new address for service of notices to the strata company, its registration is endorsed on the Record of Strata Titles Scheme in the scheme plan.
4 Amendment of Scheme Notice - Postpone Expiry Day of Leasehold Scheme
If the leasehold scheme has registered leasehold by-laws that provide for postponement of the expiry day for the leasehold scheme, the expiry day may only be postponed to the expiry day in those by-laws if the Registrar of Titles registers the postponement. The strata company lodges an Amendment of Scheme Notice accompanied by:
- Certificate of Strata Company - Leasehold Expiry Postponement – following passing a resolution of the strata company under section 41 of the Act
The effect of registration of this amendment is to postpone the expiry day of the leasehold scheme to the scheme expiry day specified in the Amendment of Scheme Notice and to amend all titles to reflect this change.
5 Amendment of Schedule of Unit Entitlements (section 38 of the Act)
The schedule of unit entitlements for a strata titles scheme allocates a whole number (unit entitlement) to each lot in the scheme and states the number that is the sum of the unit entitlements of all lots in the scheme:
- for a strata plan, the unit entitlement of a lot in proportion to the sum of unit entitlements is calculated on the capital value of each lot in proportion of the total capital value of all the lots.
- for a survey-strata plan, the unit entitlement of a lot in proportion to the sum of unit entitlements is calculated on the site value of each lot as a proportion of the total site value of all the lots.
The meaning of the terms capital value and site value referred to above, are contained in the Valuation of Land Act 1978.
On first allocation of unit entitlements, the licensed valuer must certify that the proportion that the unit entitlement of a lot bears to the sum of the unit entitlements of the lots is not greater than 5% more or 5% less than the proportion that the value of the lot bears to the sum of the values of all the lots. Where the value of a lot in proportion to the sum of the value of all lots exceeds the margin, the strata company can apply to rectify the matter by registering a new schedule of unit entitlements, if it has passed a resolution without dissent (or a unanimous resolution in the case of a two-lot scheme) to this effect.
After giving Notice in the approved form (Notice to Designated Interest Holders for amendment of schedule of unit entitlements2) and obtaining the necessary consents, the strata company lodges a General Application with the Registrar of Titles accompanied by all of the following:
- A Certificate of the Strata Company – Schedule of unit entitlements or leases or easements or restrictive covenants;
- Consent Statement - Designated Interest Holders for the amendment of Schedule of Unit Entitlements if authorised by resolution without dissent of the strata company2) attaching the written consents of the holder of any designated interest over the whole or a part of the scheme land if provided and any Order of the State Administrative Tribunal that a designated interest holder's objection to the amendment be disregarded [see definition – STR-01].
- A Schedule of Unit Entitlements from a licensed valuer. This is to be lodged electronically via the Plan Lodgement Portal (contact your valuer); and
- The duplicate certificates of title (if any) if the strata titles were created and registered under the Strata Titles Act 1966 (see STR-01 Freehold and Leasehold Schemes).
2(updated to add requirements for new forms 17/06/2020)
A proprietor of a lot, registered mortgagee or a strata company, may apply to the State Administrative Tribunal (SAT) to amend the schedule of unit entitlements in the strata titles scheme. In this case, a General Application is lodged accompanied by the SAT Order.
Upon the registration of an amended schedule of unit entitlements the amended share of a lot owner in the common property is, deemed to be subject to any pre-existing encumbrances registered or caveats lodged against their lot.
Registration is effected by the Registrar of Titles recording the amendment of schedule of unit entitlements on the Record of Strata Titles Scheme in the scheme plan.
6 Amendment of Scheme Plan - Imposition, Variation or Revocation of a Restricted Use Condition (section 35(1)(g) of the Act)
A scheme plan lodged for registration may create a legally binding restriction as to the use to which the parcel or part of the parcel may be put. This is achieved by an endorsement on the plan that delineates the area or space affected and describes the restriction on use.
Where a scheme plan has been registered without any restriction as to use, the plan may be amended to restrict the use to which the parcel or part of the parcel may be put. In this case, an amendment of scheme plan is 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.
The imposition, variation or revocation of a restriction on use requires a resolution without dissent from the strata company. The strata company lodges an Application to Amend Scheme Plan – Restricted Use Condition with the Registrar of Titles accompanied by:
- The written consent of the Western Australian Planning Commission;
- If leasehold scheme, Consent of the Owner of a Leasehold Scheme, unless the owner of the leasehold scheme is the applicant.
7 Lease of a Lot Within or Land Contiguous to Scheme Land
7.1 Acceptance of Lease
See LEA-01 Leases of Land for Further details.
7.2 Surrender of Lease
See LEA-03 Leases of Land - Removal for further details
8 Lease over Common Property
As this type of lease is not considered an amendment of a strata titles scheme, please see Land Titles Registration and Policy Guide LEA-01 Leases of Land for further details.
9 Leasehold Strata Titles Schemes - Strata Lease
Where a new strata lease is to be lodged as a result of the owner of the lot wanting to adopt changes to the conditions from amendments being made to the Strata Titles (General) Regulations 2018, the following will be required:
- Strata Lease in the approved form, with the content of the strata lease taken from amendments to Schedule 3 of the ST(G)R (lodgement fees apply); and
- Consent of the Owner of a Leasehold Scheme.
[Note: Where a new strata lease is to be lodged as a result of creation of new lots in a subdivision, see sections 6 and 7 of guide STR-04 Amendment of Strata Titles Scheme – Effecting Subdivision for further details.]