STRATA SCHEMES DEVELOPMENT ACT 2015

New South Wales Consolidated Acts

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- As at 20 August 2024
- 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. (Repealed)
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
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 registered 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 - (Repealed)
None

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
154A. Meaning of "relevant interest"
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. Disclosures of 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

187A. Disclosures of pecuniary or other interests
188. Costs of proceedings
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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