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Name of Form: Application to register a community titles scheme
Type of Form: Application to be lodged at Landgate
When it’s used: When applying for registration of a community titles scheme
1. Details of entries:
- Parent land: A community titles scheme may only subdivide a single lot on plan. If the lot on plan has a title prior to lodgement of the application, then the title details must be entered described below:
- Land description: Lot 1 on DP789100.
- Extent: Whole.
- Volume Folio: 2500/1.
- Scheme number of the Parent land (if applicable): If the parent land is a lot in a community titles scheme, enter the scheme number for that scheme. (This will ensure the subdivision of the lot by a community titles scheme is endorsed on the Record of community titles scheme for the lot’s scheme.)
- Applicant(s): Enter the full name(s) of the owner(s) of the parcel of land or lot to be subdivided by the community titles scheme and their address for service of notices, where the current address for service of notices of the Applicant(s) is to be amended. Only 1 address to be stated for each owner. Note: Owner of a lot has the meaning in section 3(1) of the Community Titles Act 2018.
- Scheme documents:
These are the documents which are required to be lodged (either with the Scheme plan or the Application) before registration of the community titles scheme can be completed. The documents are fully described in their individual form user guides.- Under Scheme plan:
- enter the plan number (which is also the Scheme number);
- enter the number of lots (excluding vesting lots) being created on the plan; and
- specify if the community titles scheme is a tier 1 scheme, tier 2 scheme or tier 3 scheme,
from information on the Scheme plan.
- Under Scheme plan:
2. Community development statement (CDS):
- For a tier 1 scheme:
- Enter the CDS Number approved by the Western Australian Planning Commission (Planning Commission) for the community scheme to which the tier 1 scheme will belong. This may include amendments. For example, 1000 or 1000-2.
- Enter the approval date that the CDS for the community scheme was approved by the Planning Commission (excluding amendments). You have 4 years from that date to register the tier 1 scheme.
- For a tier 2 or tier 3 scheme:
- Question 1 – If the answer is Yes, then question 2 must be completed. If the answer is No, continue to the Accompanying documents section.
- Question 2:
- 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 Planning Commission. You have 4 years from that date to register the tier 2 or tier 3 scheme.
3. Accompanying documents:
These boxes must be ticked if any of the documents listed are included with the Application.
- Application to register a community development statement or amendment – must include a copy of the consolidated community development statement approved by the Planning Commission, certified by the Planning Commission.
- Tier 1 scheme – an Application to register a community development statement or amendment must always be lodged.
- Tier 2 or tier 3 scheme – it will only be necessary to lodge an Application to register a community development statement or amendment if the consolidated CDS relevant to the scheme has not been registered or recorded in the Register. You will need to check the Record of community titles scheme for the Tier 1 scheme to confirm if the consolidated CDS registered matches the consolidated CDS stated on the Scheme plan to be registered.
- Written consent is required from the holder of type 1 interest or type 2 interest.
- These are described in the Community Titles Act 2018 section 3(1) as:
- 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;
- (g) a carbon right registered under the Transfer of Land Act 1893;
- (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.
- Written consent may be endorsed on the Notice to type 1 and type 2 interest holders for consent to subdivision and schedule of unit entitlements.
- These are described in the Community Titles Act 2018 section 3(1) as:
- In addition to the written consent required from the holder of a type 1 interest or type 2 interest listed above, consents may also be required from registered interest holders and caveators (for purposes other than subdivision of the parcel or lot by the scheme, e.g. creation of section 136C TLA easement).
- The Statement to deal with land section must be 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 the item is being discharged, withdrawn or 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 a discharge of that mortgage document should accompany the Application.
4. Execution:
To be executed by the Applicants.