New South Wales Consolidated Acts

STRATA SCHEMES DEVELOPMENT ACT 2015 - SECT 22

22 Plans to be signed or consented to

(1) The Registrar-General must not register a plan as a strata plan unless it is signed by all of the following--

(a) the registered proprietor of the land comprised in the plan,

(b) each registered mortgagee, chargee or covenant chargee of the land,

(c) if the plan is for a leasehold strata scheme--

(i) each lessee under a registered lease of the land or part of it, and

(ii) each registered mortgagee or chargee under a mortgage of, or charge affecting, a lease referred to in subparagraph (i).

(2) The Registrar-General must not register a plan as a strata plan of subdivision, strata plan of consolidation or building alteration plan unless it is signed by all of the following--

(a) the registered owner of the land comprised in the plan,

(b) each registered mortgagee, chargee or covenant chargee of the land,

(c) if the plan relates to common property--the owners corporation of the strata scheme,

(d) if the plan is for a leasehold strata scheme--the lessor of the scheme.

(3) Also, the Registrar-General may refuse to register a plan referred to in subsection (1) or (2) unless written consent to its registration is lodged and is signed by each of the following the Registrar-General considers appropriate in the circumstances--

(a) the judgment creditor under any writ recorded in a folio for the land,

(b) the caveator under a caveat affecting any estate or interest in the land,

(c) the registered lessee of the land.

(4) Despite subsection (1) or (2), the Registrar-General may, without giving notice to any person, waive the requirement for a person mentioned in the subsections to sign a plan.