New South Wales Consolidated Acts

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Subdivision of lots and common property

13 Subdivision of lots and common property

(1) A lot or common property may be subdivided by the registration of a plan as a strata plan of subdivision.
(2) In subsection (1):

"common property" does not include common property the subject of an accepted lease or sublease.

"lot" does not include a development lot.
(3) The plan must:
(a) include a location plan (if required by the Registrar-General), a floor plan and an administration sheet, and
(b) if the plan is for a leasehold strata scheme--be accompanied by the replacement leases for the plan.
(4) If land comprised in the plan is held by the original owner of the strata scheme, the plan must not be registered unless:
(a) the initial period has expired, or
(b) the original owner owns all lots in the scheme, or
(c) an order has been made under section 27 of the Strata Schemes Management Act 2015 authorising the registration of the plan.
(5) If the proposed strata plan of subdivision is intended to subdivide common property to which a common property rights by-law relates, the by-law must be repealed or amended so it does not relate to the common property intended to be subdivided.
(6) The administration sheet for the plan must include the following:
(a) a proposed schedule of unit entitlement relating to the strata scheme that complies with clause 3 or 4 of Schedule 2,
(b) a strata certificate for the proposed strata plan of subdivision,
(c) a surveyor's certificate for the proposed strata plan of subdivision,
(d) a valuer's certificate for the proposed schedule of unit entitlement,
(e) any other information or document prescribed by the regulations.
Note : Subsection (6) (b) does not apply to a plan lodged by the Crown. See section 199 (2).

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