New South Wales Consolidated Acts

STRATA SCHEMES DEVELOPMENT ACT 2015 - SECT 63

63 Restriction on use of utility lot

(1) If the registration of a plan for which a strata certificate is sought from a local council would result in the creation of a utility lot, the council may impose a condition (a
"restrictive use condition" ) on the strata certificate restricting the use of the utility lot to use by an owner or occupier of a lot or proposed lot (other than a utility lot) in the strata scheme to which the plan relates.

(2) If--

(a) the registration of a plan for which a strata certificate is sought from a registered certifier would result in the creation of a utility lot, and

(b) the relevant planning approval contains a condition (also a
"restrictive use condition" ) restricting the use of the utility lot to use by an owner or occupier of a lot or proposed lot (other than a utility lot),

the certifier must note the restriction on the strata certificate.

(3) A restriction on use imposed or noted under subsection (1) or (2) must--

(a) designate each utility lot burdened by the restriction, and

(b) describe the restriction by reference to this section.

(4) Section 88 of the Conveyancing Act 1919 does not apply to a restriction referred to in subsection (1) or (2).