New South Wales Consolidated Acts
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STRATA SCHEMES DEVELOPMENT ACT 2015 - SECT 185
Effect of order relating to redevelopment
185 Effect of order relating to redevelopment
(1) This section applies if the court makes an order giving effect to a
strata renewal plan for a redevelopment of a strata scheme.
dissenting owner of a lot in the strata scheme must sell the owner's lot in
accordance with the strata renewal plan and the order.
(3) The strata scheme
is terminated on the day stated in the order for that purpose.
termination of the strata scheme:
(a) the owners corporation is dissolved, and
(b) the rights and liabilities of the owners corporation vest in the developer
or the former owners in accordance with the strata renewal plan and the order,
(c) land in the former parcel vests in the former owners as tenants in
common in shares proportional to the unit entitlement of their former lots,
unless the strata renewal plan otherwise provides, and
(d) any legal
proceedings begun by or against the owners corporation may be completed by or
against the developer, and
(e) the developer must give the Registrar-General
notice of the termination in the approved form.
(5) On receiving the notice,
the Registrar-General must:
(a) cancel the folios for the lots and
common property in the strata scheme, and
(b) create a folio for the land in
the former parcel, and
(c) record in the Register the matters the
Registrar-General considers appropriate to give effect to the order.
order does not permit development to be carried out in contravention of this
Act or any other Act or law.
(7) A lease of a lot in the strata scheme is
terminated on the day stated in the strata renewal plan for giving vacant
possession of the lot to the developer or on such later day as may be
specified in the order.
(8) Subject to this Part, the termination of a lease
under this section does not affect a right or remedy a person may have under
Note : It is expected that leases would generally be terminated in
accordance with the terms of the lease (or under legislation such as Division
2 of Part 5 of the Residential Tenancies Act 2010 ) and not under this
(9) In this section:
"former owner" does not include a dissenting owner.
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