New South Wales Consolidated Acts

STRATA SCHEMES DEVELOPMENT ACT 2015 - SECT 4

4 Definitions

(1) In this Act--

"accepted lease or sublease" means a lease or sublease, or a transfer of a lease or sublease, accepted by an owners corporation under section 25 (1).

"administration sheet" means a document in the approved form that provides for administrative matters relating to the registration of plans under this Act.

"aggregate unit entitlement" of lots in a strata scheme means the sum of the unit entitlements of the lots.

"approved form" means a form approved by the Registrar-General for use under this Act.

"building" , in relation to a strata scheme or a proposed strata scheme, means a building containing a lot or proposed lot, or part of a lot or proposed lot, in the scheme or proposed scheme.

"building alteration plan" means a plan that is registered as a building alteration plan, and includes any information, certificate or other document required by this Act or the regulations to be included with the plan before it may be registered.

"by-laws" for a strata scheme means the by-laws in force for the scheme.

"chargee" , in relation to a lot or development lot in a leasehold strata scheme, means a chargee of the leasehold estate of the lot.

"common infrastructure" means--

(a) the cubic space occupied by a vertical structural member of a building, other than a wall, or

(b) the pipes, wires, cables or ducts that are not for the exclusive benefit of one lot and are--

(i) in a building in relation to which a plan for registration as a strata plan was lodged with the Registrar-General before 1 March 1986, or

(ii) otherwise--in a building or in a part of a parcel that is not a building, or

(c) the cubic space enclosed by a structure enclosing pipes, wires, cables or ducts referred to in paragraph (b).

"common property" , in relation to a strata scheme or a proposed strata scheme, means any part of a parcel that is not comprised in a lot (including any common infrastructure that is not part of a lot).

"common property rights by-law" has the same meaning as it has in the Strata Schemes Management Act 2015 .

"community scheme" has the same meaning as it has in the Community Land Development Act 2021 .

"company nominee" of a corporation has the same meaning as it has in the Strata Schemes Management Act 2015 .

"covenant chargee" of a lot or development lot in a leasehold strata scheme means a covenant chargee of the leasehold estate of the lot.

"current plan" means a current plan as defined in section 7A of the Conveyancing Act 1919 that is registered, other than a strata plan, a strata plan of subdivision or a strata plan of consolidation.

"current plan lot" --see section 9 (4).

"Department" means the Department of Finance, Services and Innovation.

"developer" of a strata scheme constituted on registration of a strata plan proposed under a development scheme means the person who, for the time being, is--

(a) the original owner of the strata scheme, or

(b) a person, other than the original owner, who is the owner of a development lot within the strata plan.

"development" has the same meaning as it has in the Environmental Planning and Assessment Act 1979 .

"development concern" --see section 74.

"development lot" means a lot in a strata plan or strata plan of subdivision that is identified by a strata development contract as a lot that is to be the subject of a strata plan of subdivision under the development scheme for the contract.

"development scheme" means the scheme of development provided for, and represented by, a strata development contract.

"drainage reserve" means land that is held by a local council for drainage purposes under section 49 of the Local Government Act 1993 .

"floor" includes a stairway or ramp.

"floor area" of a lot means the area occupied on a horizontal plane by the base of the cubic space of the lot.

"floor plan" means a plan that--

(a) defines by lines (each a
"base line" ) the base of the vertical boundaries of each cubic space forming the whole of a proposed lot, or the whole of a part of a proposed lot, to which the plan relates, and

(b) shows--

(i) the floor area of each proposed lot, and

(ii) if a proposed lot has more than one part--the floor area of each part together with the aggregate of the floor areas of the parts, and

(c) if a proposed lot or part of a proposed lot is superimposed on another proposed lot or part--shows the separate base lines of the proposed lots or parts, by reference to floors or levels, in the order in which the superimposition occurs.

"folio" means--

(a) in relation to a lot or common property in a freehold strata scheme, a folio of the Register for the lot or common property, or

(b) in relation to a lot or common property in a leasehold strata scheme, a folio of the Register for a lease of the lot or common property.

"freehold strata scheme" means a strata scheme in which no lots or common property in the scheme are subject to a lease or leases referred to in section 11.

"function" includes a power, authority or duty, and
"exercise" a function includes perform a duty.

"initial period" has the same meaning as it has in the Strata Schemes Management Act 2015 .

"leasehold strata scheme" means a strata scheme in which all lots and common property in the scheme are subject to a lease or leases referred to in section 11.

"lessee" , in relation to a lot, development lot or common property in a leasehold strata scheme, means the lessee of the leasehold estate under a lease registered on the folio for the lot, development lot or common property, but does not include an owner of a lot.

"lessor" of a leasehold strata scheme means the person who holds the fee simple in the lots and common property in the scheme.

"liabilities" of an owners corporation in relation to the termination of a strata scheme under Part 9 or 10 means any liabilities, debts or obligations of the owners corporation (whether present or future, whether vested or contingent and whether personal or assignable).

"local council" , in relation to land, means--

(a) the council of the area under the Local Government Act 1993 in which the land is situated, or

(b) a person declared by the regulations to be the local council for the land for the purposes of this Act or any specified provision of this Act.

"location plan" means a plan that--

(a) relates to land the subject of a proposed strata scheme, and

(b) if the scheme does not relate to a proposed part strata parcel--delineates the perimeter of the land and the location, in relation to the perimeter, of each--

(i) building on the land, and

(ii) proposed lot or part of a proposed lot not within a building, and

(c) if the scheme relates to a proposed part strata parcel--

(i) delineates the perimeter of the site of the building of which the proposed part strata parcel forms part and the location, in relation to the perimeter, of the building and proposed part strata parcel, and

(ii) delineates the location, in relation to the perimeter of the proposed part strata parcel, of the part of the building the subject of the proposed strata scheme and each proposed lot or part of a proposed lot not within the building, and

(d) shows the particulars prescribed by the regulations.

"lodge" means lodge with the Registrar-General.

"lot" , in relation to a strata scheme, means one or more cubic spaces shown as a lot on a floor plan relating to the scheme, but does not include any common infrastructure, unless the common infrastructure is described on the plan, in the way prescribed by the regulations, as a part of the lot.

"mortgagee" , in relation to a lot or development lot in a leasehold strata scheme, means a mortgagee of the leasehold estate of the lot.

"notice of conversion" means a notice that is registered as a notice of conversion, and includes any information, certificate or other document required by this Act or the regulations to be included with the notice before it may be registered.

"notice of resumption" means a notice, notification or other instrument publication of which vests land described in the notice, notification or instrument in a resuming authority by way of resumption.

"occupier" of a lot means a person in lawful occupation of the lot.

"original owner" --

(a) of a freehold strata scheme means the person who held the fee simple in the parcel the subject of the scheme when the strata plan for the scheme was registered, or

(b) of a leasehold strata scheme means the person who, immediately after registration of the strata plan for the scheme, is entitled to a leasehold estate in all the lots in the scheme or is entitled to a leasehold estate in 2 or more lots in the scheme with total unit entitlements exceeding more than two-thirds of the aggregate unit entitlement of the lots in the scheme.

"owner" of a lot in a strata scheme means a person for the time being recorded in the Register as entitled to an estate in fee simple in the lot (in the case of a freehold strata scheme) or as entitled to a leasehold estate in the lot (in the case of a leasehold strata scheme), but does not include a sublessee of a lot in a leasehold strata scheme.

Note--: Under section 43 (1), a lessor of a leasehold strata scheme may be taken to be the owner of a lot in the scheme if the lessor is entitled to immediate possession of the lot.

"owners corporation" of a strata scheme means the owners corporation constituted under the Strata Schemes Management Act 2015 for the scheme.

"parcel" means--

(a) in relation to a strata scheme, the land comprising the lots and common property in the scheme, or

(b) in relation to a plan lodged for registration as a strata plan, the land comprised in the plan.

"part strata parcel" means a parcel created by a subdivision permitted by section 9 (1) (b).

"planning approval" means--

(a) a development consent within the meaning of the Environmental Planning and Assessment Act 1979 , or

(b) an approval under Part 3A or Part 5.1 of that Act.

"planning authority" , in relation to a planning approval, means the entity or person authorised under the Environmental Planning and Assessment Act 1979 to grant the approval.

"positive covenant" means a positive covenant imposed on land under section 88D or 88E of the Conveyancing Act 1919 .

"public place" means land that is a drainage reserve, public reserve or public road.

"public reserve" has the same meaning as it has in the Local Government Act 1993 .

"public road" has the same meaning as it has in the Roads Act 1993 .

"qualified valuer" means a person who--

(a) has membership of the Australian Valuers Institute (other than associate or student membership), or

(b) has membership of the Australian Property Institute (other than student or provisional membership), acquired in connection with his or her occupation as a valuer, or

(c) has membership of the Royal Institution of Chartered Surveyors as a chartered valuer, or

(d) is of a class prescribed by the regulations.

"registered" means registered by the Registrar-General.

"registered building management statement" has the same meaning as it has in section 196C of the Conveyancing Act 1919 .

"registered certifier" means a person registered under the Building and Development Certifiers Act 2018 acting in respect of matters to which the registration applies.

"registered land surveyor" means a person who is registered as a land surveyor under the Surveying and Spatial Information Act 2002 .

"relevant planning approval that is in force" --see section 52.

"replacement lease" for a proposed strata plan of subdivision or strata plan of consolidation in relation to a leasehold strata scheme means a lease--

(a) relating to a proposed lot comprised in the plan, and

(b) containing provisions to the effect that the lease is in substitution for a lease determined or otherwise affected by the proposed subdivision or consolidation, and

(c) having terms all of which are expressed to commence on registration of the plan and to expire at the same time as any lease to be determined, and

(d) if the lease confers rights of renewal--having the same renewal terms as any lease to be determined.

"restrictive use condition" --see section 63.

"resuming authority" means an entity that may resume land by way of resumption.

"resumption" means the compulsory acquisition of land under an Act or an Act of the Commonwealth authorising compulsory acquisition of land.

"rights" of an owners corporation in relation to the termination of a strata scheme under Part 9 or 10 means any rights or powers of the owners corporation (whether present or future, whether vested or contingent and whether personal or assignable).

"schedule of unit entitlement" , in relation to a strata scheme, means the schedule recorded as the schedule of unit entitlement in the folio for the common property in the scheme.

"Secretary" means the Secretary of the Department.

"special resolution" has the same meaning as it has in the Strata Schemes Management Act 2015 .

"statutory interest" means a charge or other proprietary interest (whether or not it is recorded in the Register) that--

(a) is created by an Act or an Act of the Parliament of the Commonwealth, and

(b) affects a lot or common property, and

(c) is enforceable against an owner of the lot or an owners corporation.

"strata certificate" means a certificate in the approved form issued under Part 4 that authorises the registration of a strata plan, strata plan of subdivision or notice of conversion.

"strata committee" of an owners corporation means the strata committee of the owners corporation under the Strata Schemes Management Act 2015 .

"strata development contract" means a strata development contract registered under Part 5.

"strata management statement" means a strata management statement that complies with section 100.

"strata plan" means a plan that is registered as a strata plan, and includes any information, certificate or other document required by this Act or the regulations to be included with the plan before it may be registered.

"strata plan of consolidation" means a plan that is registered as a strata plan of consolidation, and includes any information, certificate or other document required by this Act or the regulations to be included with the plan before it may be registered.

"strata plan of subdivision" means a plan that is registered as a strata plan of subdivision, and includes any information, certificate or other document required by this Act or the regulations to be included with the plan before it may be registered.

"strata roll" has the same meaning as it has in the Strata Schemes Management Act 2015 .

"strata scheme" means--

(a) the way a parcel is subdivided under this Act into lots or lots and common property, and

(b) the way unit entitlements are allocated under this Act among the lots, and

(c) the rights and obligations, between themselves, of owners of lots, other persons having proprietary interests in or occupying the lots and the owners corporation, as conferred or imposed under this Act or the Strata Schemes Management Act 2015 .

"subdivision" of a lot or common property--see section 7.

"surveyor's certificate" , in relation to a proposed strata plan, strata plan of subdivision or strata plan of consolidation, means a certificate in the approved form given by a registered land surveyor and certifying that each applicable requirement of Schedule 1 for the proposed strata plan, strata plan of subdivision or strata plan of consolidation has been met.

"unanimous resolution" has the same meaning as it has in the Strata Schemes Management Act 2015 .

"unit entitlement" of a lot in a strata scheme means the unit entitlement of the lot shown on the schedule of unit entitlement for the scheme.

"utility lot" has the same meaning as it has in the Strata Schemes Management Act 2015 .

"valuer's certificate" , in relation to a proposed schedule of unit entitlement, means a certificate of valuation in the approved form given by a qualified valuer and certifying that the unit entitlements of lots to which the proposed schedule of unit entitlement relates are apportioned as required under Schedule 2.

"wall" includes a door, window or other structure dividing a lot--

(a) from common property or another lot, or

(b) if the lot is a lot in a part strata parcel--from a part of a building that is not within the parcel.

"water supply authority" means--

(a) the Sydney Water Corporation, the Hunter Water Corporation or a water supply authority within the meaning of the Water Management Act 2000 , or

(b) a council or county council exercising water supply, sewerage or stormwater drainage functions under Division 2 of Part 3 of Chapter 6 of the Local Government Act 1993 .

Note--: The Interpretation Act 1987 contains definitions and other provisions that affect the interpretation and application of this Act.

(2) Notes included in this Act do not form part of this Act.