Transitional Guide for Strata Titles Scheme Lodgements

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 Landgate accepts no responsibility where parties print this guide and seek to rely on information that is out of date.

Table of Contents

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

1.      Background

2.      Definitions

3.      Changes in Terminology

4.      Scheme Documents

5.      Changes to Plans.

6.      Schedule 2A.

7.      Easements and Restrictive Covenants.

8.      Application for Registration.

9.      Amendments to Registered Strata Titles Schemes.

10.    Significant Variations on Staged Schemes.

11.    Forms/Certificates.

12.    Terminations.

13.    Expiry of Survey-Strata Plans.

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

15.    Temporary Common Property.

16.    Transitional Requirements.

17.    Digital Data.

18.    Documents

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

1. Background

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

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

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

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

2.  Definitions

Throughout this document, the following abbreviations will apply:

Strata Titles Act 1985 (current Act)

Strata Titles Act 1985 as amended 2018 (amended Act)

Strata Titles General Regulations 1996 (STGR)

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

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

2019 (ST(G)R)

3.  Changes in Terminology

4. Scheme Documents

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

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

Scheme Notice

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

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

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

The Scheme Notice will be amended when:

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

5. Changes to Plans

5.1 No More Management Statements

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

5.2 Encroachments

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

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

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

5.3 Lot Numbering

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

5.4 Lot Referencing on Floor Plans

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

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

5.5 Features on Scheme Plans

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

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

5.6 Restricted Use Conditions

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

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

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

5.7 Building Lot/Part Lot Definitions

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

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

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

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

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

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

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

6.  Schedule 2A

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

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

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

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

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

Suggested wording could be as follows:

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

(and if applicable)

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

6.1 Schedule 1 ST(G)R

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

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

6.2 Merger of Buildings

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

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

7. Easements and Restrictive Covenants

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

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

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

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

Common property (utility and sustainability infrastructure) easement:

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

7.2 Short Form Easements

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

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

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

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

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

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

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

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

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

The prescribed proportion will be:

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

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

7.3 Easements in Gross

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

• planning condition,
• statutory provision or
• contract.

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

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

7.4 Easements for Utility Service

Utility Service:

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

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

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

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

7.5 Example Schedule of Interests and Notifications

Subject:	Purpose:	Statutory Reference:	Land Burdened:	Origin:	Benefit to:	Comments:
	EASEMENT (VEHICLE ACCESS)	SECTION 33 STA REG 31	LOT 1	THIS PLAN	LOT 2
	EASEMENT (LIGHT AND AIR)	SECTION 33 STA REG 32	LOT 1	THIS PLAN	LOT 2
	EASEMENT (PARTY WALL)	SECTION 33 STA REG 33	LOT 2	THIS PLAN	LOT 1
	EASEMENT (INTRUSION)	SECTION 33 STA REG 34	CP3	THIS PLAN	LOT 1
	EASEMENT (PEDESTRIAN ACCESS)	SECTION 33 STA REG 35	LOT 2	THIS PLAN	LOT 1	THIS EASEMENT IS EXCLUSIVE
	EASEMENT (DRAINAGE)	SECTION 33 STA REG 36	LOT 2	THIS PLAN	CITY OF STIRLING
	EASEMENT	SECTION 33 STA REG 36	LOT 2	THIS PLAN & DOC ......	ATCO	EXPIRES ON 31.12.2050
	EASEMENT (WATER SUPPLY) EASEMENT (DRAINAGE) EASEMENT (GAS SUPPLY) EASEMENT (TRANSMISSION AND DISTRIBUTION OF ELECTRICITY BY UNDERGROUND CABLE AND CONDUCTORS) EASEMENT (TRANSMISSION OF COMMUNICATION SIGNALS BY OVERHEAD CABLE) EASEMENT (TRANSMISSION OF COMMUNICATION SIGNALS BY UNDERGROUND CABLE) EASEMENT (SEWERAGE)	SECTION 33 STA REG 37	LOT 2	THIS PLAN	CITY OF WANNEROO

7.6 Restrictive Covenants

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

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

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

Subject:	Purpose:	Statutory Reference:	Origin:	Land Burdened:	Benefit to:	Comments:
	RESTRICTIVE COVENANT (RIGHT OF WAY)	SECTION 33 STA REG 43	THIS PLAN	LOT 1	LOCAL GOVERNMENT OR PUBLIC AUTHORITY
	RESTRICTIVE COVENANT (LAND USE)	SECTION 33 STA REG 44	THIS PLAN & DOC .......	LOT 1	LOCAL GOVERNMENT OR PUBLIC AUTHORITY
	RESTRICTIVE COVENANT (CONSERVATION)	SECTION 33 STA REG 45	THIS PLAN & DOC .......	LOT 2	LOCAL GOVERNMENT OR PUBLIC AUTHORITY
	RESTRICTIVE COVENANT (BUILDING ENVELOPE)	SECTION 33 STA REG 46	THIS PLAN	CP3	LOCAL GOVERNMENT
	RESTRICTIVE COVENANT (FIRE) (LAND USE)	SECTION 33 STA REG 47	THIS PLAN	LOT 2	LOCAL GOVERNMENT

8. Application for Registration

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

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

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

Statement to Deal with Land

Strata Titles Act 1985 (amended 2018)

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

Scheme No: __________________

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

¹ Delete where not applicable

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

9. Amendments to Registered Strata Titles Schemes

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

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

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

• a statement (in the approved form) of how each item registered or recorded for the scheme in the Register is to be dealt with (outlined in item 7 of this notice); and
• disposition statements, instruments or documents necessary for that purpose; and
• amendments or replacements of the scheme documents that require modification.

9.2 Application for Registration of an Amendment of a Strata Titles Scheme not effecting Subdivision (section 56 of the amended Act)

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

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

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

10.  Significant Variations on Staged Schemes

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

Below are the requirements under regulation 36 STGR:

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

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

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

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

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

11.  Forms/Certificates

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

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

11.1 Forms that Accompany the Plan

11.1.1 Schedule of Unit Entitlements and Valuation Certificates

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

CERTIFICATE OF LICENSED VALUER

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

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

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

11.1.2 Surveyor's Certificates

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

Certificate

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

(a) *survey; and/or

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

[* delete if inapplicable]

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

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

Date                                      Licensed surveyor

11.1.3 Occupancy Permit and Building Approval Certificate

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

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

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

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

11.1.4 Certificate of Planning Approval

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

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

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

Part A – The proposal

Prepare outline termination proposal

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

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

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

Distribute to owners and mortgagees

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

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

Vote on outline proposal

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

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

Obtain planning approval

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

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

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

Prepare full proposal

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

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

Part B – The vote

Distribute the full proposal to all parties

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

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

Vote on the full proposal

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

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

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

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

Part C – The fairness and procedure review

Apply for a SAT review.

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

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

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

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

Apply to the Registrar to register the termination.

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

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

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

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

12.1 Termination by a Single Owner (section 191 of the amended Act)

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

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

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

13.  Expiry of Survey-Strata Plans

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

14.  Structural Alteration of a Lot in a Strata Scheme

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

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

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

15.  Temporary Common Property

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

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

16.  Transitional Requirements

16.1 Plans

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

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

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

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

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

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

16.2 Forms/Certificates

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

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

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

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

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

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

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

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

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

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

17.  Digital Data

17.1 CSV file requirements

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

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

Example CSV

lotident,areatotal,floors,sheets

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

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

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

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

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

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

17.2 CSD file requirements

For a strata plan that:

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

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

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

18.  Documents

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

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

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

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

Applications lodged on or after 1 May 2020

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

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

18.1 By-laws

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

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

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

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

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

Annexure A

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