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

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 Landgate accepts no responsibility where parties print this guide and seek to rely on information that is out of date.

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

Type of Form: Application to be lodged at Landgate

When it’s used: When applying for registration of an amendment of community titles scheme by amendment of scheme plan to impose, vary or revoke a restricted use condition.

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.
  • Community corporation: Enter the full community corporation name recorded on the registered scheme notice for the community titles scheme with the above Scheme number. The name of the community corporation includes the Scheme number, e.g. Tranquil Waters 12345.
  • Select one: Select option (a), (b) or (c).
    • Option (a):Enter the restricted use condition and the area that it applies toFor clarity, this area should refer to the scheme plan, such as providing lot numbers or define the area with reference to an interest only deposited plan.
    • Option (b): In the first box, enter the existing restricted use condition the subject of the variation and the area that it applies to. In the second box, enter the variation which may be a variation to the text of the restricted use condition or a variation in the area that the restriction applies to, or both. For clarity, this area should refer to the scheme plan, such as providing lot numbers or define the area with reference to an interest only deposited plan.
    • Option (c):Enter the existing restricted use condition and the area that it applies to, the subject of the revocation.
  • Accompanying documents:
    • Attach the written consent of the Western Australian Planning Commission.
    • An Interest Only Deposited Plan to be lodged by the surveyor at Landgate, if applicable.
  • Execution: Insert the date of execution. The Application is to be executed by the community corporation.