New South Wales Consolidated Acts

STRATA SCHEMES DEVELOPMENT ACT 2015 - SECT 35

35 Dedication of common property

(1) The owners corporation of a strata scheme may, by special resolution, dedicate common property in the scheme as a public road, public reserve or drainage reserve by registration of a plan under Division 3 of Part 23 of the Conveyancing Act 1919 .

(2) However, common property may be dedicated as public reserve only if there is an adjoining public road or other public place giving access to the reserve by the public.

(3) Also, common property in a leasehold strata scheme may be dedicated under this section only with the consent of the lessor of the scheme.

(4) If the strata scheme forms part of a community scheme, the Registrar-General may refuse to register a plan referred to in subsection (1) unless the community scheme is appropriately amended by any necessary dealings registered under the Community Land Development Act 2021 .