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STRATA SCHEMES DEVELOPMENT ACT 2015 - SECT 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.
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