New South Wales Consolidated Acts

STRATA SCHEMES DEVELOPMENT ACT 2015 - SECT 54

54 Strata certificate for strata plans and subdivision of development lots

(1) A local council must, on application made to it for a strata certificate in relation to a proposed strata plan that does not include a development lot, issue a strata certificate for the plan if--

(a) for land proposed to be subdivided that is within a water supply authority's area of operations--the water supply authority has issued a certificate of compliance for the proposed subdivision, and

(b) the following requirements of subparagraphs (i)-(iii) or the following requirements of subparagraphs (iv)-(viii) are satisfied--

(i) a construction certificate has been issued under the Environmental Planning and Assessment Act 1979 in relation to the erection of each building containing a proposed lot to which the plan relates,

(ii) each proposed lot in the plan substantially corresponds with a part of any such building shown in the building plans accompanying the construction certificate and is designated in the building plans as being intended for separate occupation,

(iii) each building referred to in subparagraph (i) was completed not more than 12 months, or a longer period fixed by the local council in any particular case, before the application for the strata certificate was made,

(iv) separate occupation of the proposed lots in the plan will not contravene the Environmental Planning and Assessment Act 1979 or an environmental planning instrument,

(v) any consent required under that Act or instrument has been given in relation to the separate occupation of the proposed lots,

(vi) having regard to the circumstances of the case and the public interest, the local council is satisfied that the subdivision to which the plan relates will not interfere with the existing or likely future amenity of the neighbourhood,

(vii) the land proposed to be subdivided is not the subject of an outstanding order, requirement or notice,

(viii) if an order of the kind referred to in item 6 of the table to section 121B of the Environmental Planning and Assessment Act 1979 is in force in relation to the land proposed to be subdivided--the order has been complied with.

(2) A local council must, on application made to it for a strata certificate in relation to a proposed strata plan that includes a development lot, or of a proposed strata plan of subdivision of a development lot, issue a strata certificate for the plan if--

(a) the requirements of subsection (1) (a) and (b) are satisfied, and

(b) the plan and each building to which the plan relates--

(i) satisfy the conditions of any planning approval relating to the plan and building, and

(ii) give effect to the stage of the strata development contract to which the plan and building relate.

(3) However, for the purposes of subsections (1) (b) and (2) (a), if there is a relevant planning approval in force in relation to the proposed subdivision, the local council need not consider the requirement specified in subsection (1) (b) (vi).

(4) Subsections (1) and (2) apply subject to this Part.