New South Wales Consolidated Acts

STRATA SCHEMES DEVELOPMENT ACT 2015 - SECT 58

58 Strata certificate for strata plans and subdivision of development lots

(1) A registered certifier must, on application made to the certifier 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) a relevant planning approval is in force in relation to the plan, and

(b) all conditions of the planning approval that are required to be complied with before a strata certificate may be issued have been complied with, and

(c) if the land proposed to be subdivided 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

(d) the following requirements of subparagraphs (i)-(iii) or the following requirements of subparagraphs (iv)-(vii) 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 relevant 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) the land proposed to be subdivided is not the subject of an outstanding order, requirement or notice,

(vii) 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 registered certifier must, on application made to the certifier for a strata certificate in relation to a proposed strata plan that includes a development lot or 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)-(d) are satisfied, and

(b) the plan and each building containing a proposed lot to which the plan relates--

(i) satisfy the applicable planning approval conditions, and

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