New South Wales Consolidated Acts

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STRATA SCHEMES DEVELOPMENT ACT 2015 - SECT 179

Application for order

179 Application for order

(1) An application for an order to give effect to the strata renewal plan must be accompanied by the following:
(a) a copy of the plan,
(b) a copy of each support notice that is in effect under this Part for the plan,
(c) the names of each dissenting owner and each registered mortgagee and covenant chargee of a dissenting owner's lot,
(d) a declaration given by the owners corporation identifying the steps taken in preparing the plan and obtaining the required level of support in accordance with this Part,
(e) if the plan is for a collective sale of a strata scheme:
(i) a declaration given by the purchaser, if known, disclosing the nature of any relationship, whether personal or commercial, the purchaser may have with the owner of any lot in the scheme, and
(ii) a report of an independent valuer that includes details of the market value of the whole building and its site (at its highest and best use) and details of the compensation value of each lot,
(f) if the plan is for a redevelopment of a strata scheme:
(i) a declaration given by the developer disclosing the nature of any relationship, whether personal or commercial, the developer may have with an owner of any lot in the scheme, and
(ii) a document specifying the amount to be paid to each dissenting owner for the owner's lot, and
(iii) a report of an independent valuer that includes details of the market value of the whole building and its site (at its highest and best use) and details of the compensation value of each dissenting owner's lot, and
(iv) a document detailing enough financial information to show there is a secure source of finance for the carrying out of the proposed redevelopment under the plan,
(g) any other information or document about the proposed collective sale or redevelopment prescribed by the regulations.
(2) Notice of the application must be served, in accordance with rules of court, on:
(a) each owner of a lot in the strata scheme, and
(b) each registered mortgagee or covenant chargee of a dissenting owner's lot, and
(c) if the strata renewal plan is for a collective sale of a strata scheme--the proposed purchaser (if known), and
(d) if the strata renewal plan is for a redevelopment of a strata scheme--the local council and the proposed developer (if known), and
(e) any other person directed by the court.



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