New South Wales Consolidated Acts

STRATA SCHEMES DEVELOPMENT ACT 2015 - SECT 62

62 Issue of strata certificates relating to encroachments

(1) This section applies to a proposed strata plan or strata plan of subdivision if a building to which the plan relates encroaches on a public place.

(2) A local council may refuse to issue a strata certificate for the plan unless--

(a) the plan clearly indicates the existence, nature and extent of the encroachment, and

(b) the council is satisfied that retention of the encroachment in its existing state will not endanger public safety or unreasonably interfere with the amenity of the neighbourhood.

(3) A registered certifier must refuse to issue a strata certificate for the plan unless--

(a) the plan clearly indicates the existence, nature and extent of the encroachment, and

(b) either--

(i) the building complies with a relevant planning approval in force in relation to the building with the encroachment, or

(ii) a relevant planning approval in force in relation to the subdivision the subject of the plan specifies the existence of the encroachment.

(4) A strata certificate for the plan issued by a local council must refer to the existence of the encroachment and indicate that the local council does not object to the encroachment.

(5) A strata certificate for the plan issued by a registered certifier must refer to the existence of the encroachment and indicate that--

(a) the local council has granted a relevant planning approval that is in force for the building with the encroachment, or

(b) the local council has granted a relevant planning approval that is in force for the subdivision the subject of the plan specifying the existence of the encroachment.