New South Wales Consolidated Acts

STRATA SCHEMES DEVELOPMENT ACT 2015 - SECT 55

55 Strata certificate for subdivision not involving development lot

(1) A local council must, on application made to it for a strata certificate in relation to a proposed strata plan of subdivision (other than a subdivision of a development lot) that does not subdivide or create common property in a strata scheme, send notice of the proposed subdivision by registered post to the owners corporation.

(2) The notice must invite the owners corporation to give its views on the proposed subdivision within the period, of not less than 21 days after the notice was sent, specified in the notice (the
"specified period" ).

(3) Subsection (1) does not apply to a local council if the application was accompanied by a certificate under the seal of the owners corporation certifying that the owners corporation has, by resolution, agreed to the proposed subdivision.

(4) A local council may issue the strata certificate after considering--

(a) if the local council sent a notice referred to in subsection (1)--the representations, if any, made to it by the owners corporation within the specified period and whether the proposed subdivision would be likely--

(i) to detract from the external appearance of the building containing the lot the subject of the proposed subdivision, or

(ii) to render inadequate existing services to other lots in the strata scheme, or

(iii) to detract from the amenity or value of any other lot in the strata scheme by increasing the number and decreasing the size of lots within the building referred to in subparagraph (i), and

(b) if paragraph (a) does not apply in relation to the application--the requirements of section 54 (1) (b) (iv)-(vi) as if the reference in that section to a proposed strata plan were a reference to the proposed strata plan of subdivision.

(5) A local council may, on application made to it for a strata certificate in relation to a proposed strata plan of subdivision (other than a subdivision of a development lot) that subdivides or creates common property, issue the certificate--

(a) if the plan, on lodgment with the council, was accompanied by a certificate under the seal of the owners corporation certifying that it has, by special resolution, agreed to the proposed subdivision, and

(b) after taking into consideration the requirements of section 54 (1) (b) (iv)-(vi) as if the reference in that section to a proposed strata plan were a reference to the proposed strata plan of subdivision.

(6) However, if a relevant planning approval is in force in relation to the proposed subdivision, the local council need not consider--

(a) for the purposes of subsection (4)--the matters referred to in subsection (4) (a) or a requirement specified in section 54 (1) (b) (vi), and

(b) for the purposes of subsection (5)--a requirement specified in section 54 (1) (b) (vi).