New South Wales Consolidated Acts

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STRATA SCHEMES DEVELOPMENT ACT 2015

- As at 31 October 2018
- Act 51 of 2015

TABLE OF PROVISIONS

           Long Title

   PART 1 - PRELIMINARY

           Division 1 - Introduction

   1.      Name of Act
   2.      Commencement
   3.      Main objects of Act

           Division 2 - Interpretation

   4.      Definitions
   5.      Contiguous land
   6.      Boundaries of lot
   7.      Meaning of "subdivision" of a lot or common property
   8.      Relationship with Real Property Act 1900

   PART 2 - CREATION OF LOTS AND COMMON PROPERTY IN STRATA SCHEMES

           Division 1 - Strata plans

   9.      Subdivision of land by strata plan
   10.     General requirements for strata plan
   11.     Requirements for leasehold strata scheme
   12.     Effect on leases of registration of strata plan for leasehold strata scheme

           Division 2 - Strata plans of subdivision and consolidation

   13.     Subdivision of lots and common property
   14.     Subdivision of development lot
   15.     Consolidation of lots
   16.     Effect of registration of strata plan of subdivision or consolidation for leasehold strata scheme

           Division 3 - Notices of conversion

   17.     Conversion of lots into common property
   18.     Effect of conversion of lots in leasehold strata scheme

           Division 4 - Building alteration plans

   19.     Alteration of building affecting lot boundary
   20.     Registrar-General to give plan to local council

           Division 5 - Additional requirements for registration of plans and notices

   21.     Requirement for certificate of title for common property
   22.     Plans to be signed or consented to

           Division 6 - Common property

   23.     Dealing with common property--general
   24.     Effect of creation of common property by registration of plans or notices
   25.     Acquisition of additional common property
   26.     Registration and effect of dealings
   27.     Surrender of lease or sublease of common property
   28.     Holding common property and dealing with lots and common property
   29.     Requirement for folio if no common property
   30.     References to folios and certificates of title
   31.     Requirement for folio if there is common property
   32.     Recording particular matters relating to common property
   33.     Transfer or lease of common property
   34.     Creation or variation of easements, restrictions and positive covenants
   35.     Dedication of common property
   36.     Restrictions on dealings under this Division
   37.     Effect of dealings under this Division

           Division 7 - Miscellaneous

   38.     Application of certain provisions of Conveyancing Act 1919
   39.     Encroachments shown on plans
   40.     When by-laws for strata scheme have effect

   PART 3 - PROVISIONS RELATING TO LEASES IN LEASEHOLD STRATA SCHEMES

           Division 1 - Leases of lots and common property

   41.     Provisions generally applicable to leases
   42.     Dealings in lease of lot or common property
   43.     Powers of lessor if no current lease
   44.     Further leases of lots and common property
   45.     Lessor may refuse to grant further leases

           Division 2 - Re-entry or forfeiture of leases of lots

   46.     Restriction on re-entry or forfeiture
   47.     Order about re-entry or forfeiture

           Division 3 - Conversion of leasehold strata schemes to freehold strata schemes

   48.     Procedure for conversion
   49.     Effect of merger of leasehold estate with lessor's reversion

   PART 4 - STRATA CERTIFICATES

           Division 1 - Preliminary

   50.     Definitions
   51.     Relationship with other Acts
   52.     When relevant planning approval is in force
   53.     Who may apply for strata certificate

           Division 2 - Issue of strata certificates by local councils

   54.     Strata certificate for strata plans and subdivision of development lots
   55.     Strata certificate for subdivision not involving development lot
   56.     Strata certificate for notices of conversion
   57.     Restriction on issue of strata certificate

           Division 3 - Issue of strata certificates by accredited certifiers

   58.     Strata certificate for strata plans and subdivision of development lots
   59.     Strata certificate for subdivision not involving development lot
   60.     Strata certificate for notices of conversion
   61.     Restrictions on issue of strata certificate

           Division 4 - Strata certificates relating to encroachments onto public places, and to utility lots

   62.     Issue of strata certificates relating to encroachments
   63.     Restriction on use of utility lot
   64.     Release of restriction on use of utility lot

           Division 5 - Notice of decisions and appeals

   65.     Notice of decision
   66.     Appeal to Land and Environment Court

           Division 6 - Application of Building Professionals Act 2005

   67.     Accredited certifiers
   68.     Insurance of accredited certifiers

           Division 7 - Miscellaneous

   69.     Satisfaction about compliance with conditions precedent to issue of strata certificates
   70.     Regulations

   PART 5 - STAGED DEVELOPMENT

           Division 1 - Preliminary

   71.     Purpose and scope of Part
   72.     Definitions
   73.     Explanation of staged development
   74.     Meaning of "development concern"

           Division 2 - Restriction on granting planning approval

   75.     Obligations of planning authorities

           Division 3 - Strata development contracts and registration of contracts and amendments

   76.     Form and content of strata development contract
   77.     Concept plan
   78.     Variation of liability for common property expenses
   79.     Signing and lodging strata development contract and amendments
   80.     Registering strata development contract and amendments
   81.     Effect of strata development contract
   82.     Use of common property and development lot by developer
   83.     Adding land to a parcel subject to a strata development contract

           Division 4 - Amendment of strata development contracts

   84.     Amendment of strata development contract
   85.     Notice of particular decision, and appeal
   86.     Approval of amendments by Land and Environment Court

           Division 5 - Provisions relating to development concerns

   87.     Right to complete permitted development
   88.     Meetings of owners corporation relating to development concerns

           Division 6 - Conclusion of development schemes

   89.     When development scheme is concluded
   90.     Revised schedule of unit entitlement
   91.     Registrar-General to record matters about conclusion of development scheme
   92.     Order for extension or conclusion of development scheme

           Division 7 - Applications for assistance

   93.     Application for assistance
   94.     Investigation of application
   95.     Application of Fair Trading Act 1987 to investigation
   96.     Grant of legal assistance
   97.     Resolution authorising application by owners corporation

           Division 8 - Miscellaneous

   98.     Functions of Secretary

   PART 6 - STRATA MANAGEMENT STATEMENTS AND EASEMENTS RELATING TO PART STRATA PARCELS

           Division 1 - Strata management statements

   99.     Requirement to register strata management statement
   100.    Form and content of strata management statement
   101.    Registration of strata management statement and amendment
   102.    Recording information about strata management statement in folios
   103.    Amendment of strata management statement
   104.    Signing of strata management statement and amendment
   105.    Effect of strata management statement

           Division 2 - Easements

   106.    Easements on registration of strata plan that creates part strata parcel
   107.    Other easements in particular strata schemes

           Division 3 - Miscellaneous

   108.    Registered building management statement taken to be strata management statement
   109.    Obligation of lessee to comply with particular management statements
   110.    Obligation to give information about particular management statements

   PART 7 - COMPULSORY ACQUISITION OF LOTS AND COMMON PROPERTY

   111.    Application of Part
   112.    Restriction on resumptions affecting parcels
   113.    Requirements for registration of plans to effect resumption
   114.    Effect of resumption
   115.    Readjustment of strata scheme for purposes of resumption
   116.    Costs
   117.    Common property not to pass with lot or part of lot in certain circumstances
   118.    Severance of lots by resumption
   119.    Resumption by authority bound by Act
   120.    Resumption by authority not bound by Act

   PART 8 - PARTICULAR FUNCTIONS OF REGISTRAR-GENERAL

   121.    Registration of plans and other instruments
   122.    Provisions applying to plans and certain other documents
   123.    Power to adjust unit entitlements
   124.    Recordings about restrictive use conditions
   125.    Prohibition on recordings in the Register in certain circumstances
   126.    Certain recordings to be made by Registrar-General
   127.    Functions if resumed land remains in strata scheme
   128.    Functions if resumed land is excluded from strata scheme

   PART 9 - VARIATION OR TERMINATION OF STRATA SCHEMES

           Division 1 - Preliminary

   129.    Definitions

           Division 2 - Variation of strata schemes

   130.    Application for order consequent on damage to or destruction of building
   131.    Order to vary strata scheme
   132.    When order takes effect
   133.    Direction of court to treat application differently
   134.    Costs

           Division 3 - Termination of strata schemes by order of court

   135.    Application for order to terminate strata scheme
   136.    Order to terminate strata scheme
   137.    When order takes effect
   138.    Effect of order
   139.    Dealing with disputes about value of improvements for leasehold strata schemes
   140.    Direction of court to treat application differently
   141.    Costs

           Division 4 - Termination of strata schemes by Registrar-General

   142.    Application to Registrar-General for termination of strata scheme
   143.    Decision about terminating strata scheme
   144.    When order takes effect
   145.    Registrar-General to record termination of strata scheme
   146.    Effect of order for freehold strata scheme
   147.    Effect of order for leasehold strata scheme

           Division 5 - Termination of leasehold strata schemes on expiry of leases

   148.    Termination on expiry of leases
   149.    Dispute about value of improvements
   150.    Order to continue owners corporation for specified purposes

           Division 6 - Miscellaneous

   151.    Interchangeability of notices
   152.    Consequences of making order

   PART 10 - STRATA RENEWAL PROCESS FOR FREEHOLD STRATA SCHEMES

           Division 1 - Preliminary

   153.    Application and purpose of Part
   154.    Definitions
   155.    Application of Strata Schemes Management Act 2015

           Division 2 - Strata renewal proposals

   156.    Submission of strata renewal proposal
   157.    Strata committee to consider proposal
   158.    Convening general meeting to consider proposal
   159.    Lapsing of proposal

           Division 3 - Establishment, membership, function, operation and dissolution of strata renewal committees

   160.    Establishment of committee
   161.    Election of members
   162.    Notice of decision to establish committee
   163.    Vacation of office
   164.    Function and operation of committee
   165.    Conflicts of interest
   166.    Period of operation of committee
   167.    Dissolution of committee

           Division 4 - Procedures of strata renewal committees

   168.    Meetings and voting
   169.    Minutes and record of decisions

           Division 5 - Strata renewal plans

   170.    Content of strata renewal plan
   171.    Requirements relating to sale of lots
   172.    Consideration of plan by owners corporation
   173.    Copy of plan to be given to owners
   174.    Notice of owner's decision to support plan
   175.    Withdrawal of support notice
   176.    Notice if required level of support obtained
   177.    Lapsing of plan

           Division 6 - Applying for orders to give effect to strata renewal plans

   178.    Decision to apply for order
   179.    Application for order
   180.    Objection to application

           Division 7 - Orders to give effect to strata renewal plans

   181.    Hearing of application
   182.    Decision of court
   183.    Court order and directions
   184.    Effect of order relating to collective sale
   185.    Effect of order relating to redevelopment
   186.    Ancillary orders
   187.    Order attaches to land and is binding

           Division 8 - Miscellaneous

   188.    Costs
   189.    Relationship between orders and strata renewal plans
   190.    Limitation on submitting strata renewal proposal

   PART 11 - RATES AND CHARGES RELATING TO PARCELS

   191.    Definition
   192.    Rating of lots
   193.    Certain lots not rateable
   194.    Charge or fee for services

   PART 12 - GENERAL

   195.    Duty not payable for determination of lease
   196.    Notice to produce electronic form plans and other documents
   197.    Application of Act to electronic form plans and other documents
   198.    Recordings in Register or folios--generally
   199.    Act to bind Crown
   200.    Delegation by Secretary
   201.    Proceedings for offences
   202.    Regulations--general
   203.    Repeal of Acts
   204.    Review of Act
           SCHEDULE 1
           SCHEDULE 2
           SCHEDULE 3
           SCHEDULE 4
           SCHEDULE 5
           SCHEDULE 6
           SCHEDULE 7
           SCHEDULE 8
           Schedule 9 (Repealed)


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