5—Nature of strata plan and requirements with which it must conform
(1) A strata plan is a
plan dividing land into—
(a)
units (of which there must be at least two); and
(b)
common property.
(2) A strata plan must
comprise the whole of one or more allotments.
(3) A strata
plan—
(a) must
define the units to be created by the plan in a manner that allows the
boundaries of each unit to be ascertained; and
(b) must
assign to each unit a distinguishing number; and
(c) must
have annexed to it a schedule of unit entitlements in relation to the units;
and
(d) must
delineate the boundaries of the land comprised in the plan; and
(e) must
delineate in relation to those boundaries the external lateral boundaries of
all buildings on the land; and
(f) must
comply with any other requirements stipulated by the Registrar-General.
(4) A unit—
(a) must
consist of, or include, the whole or a part of a building;
(b) need
not be wholly within one or more buildings;
(c) may
be below, on or above the surface of land;
(d) may
be wholly on one storey or level or partly on one storey or level and partly
on another or others;
(e) may
include an area (a "unit subsidiary")—
(i)
for the separate use of the occupier of the unit; and
(ii)
appurtenant to the portion of the unit designed for
separate occupation.
(5) Subject to any
explicit statement to the contrary in a strata plan, the following principles
apply to the definition of a unit by strata plan—
(a)
where a boundary is defined by reference to a wall or fence—the boundary
is the inner surface of the wall or fence;
(b)
where a boundary is defined by reference to a floor—the boundary is the
upper surface of the floor;
(c)
where a boundary is defined by reference to a ceiling or roof—the
boundary is the under surface of the ceiling or roof.
(6) The common
property comprises—
(a) any
land or space that is not within a unit;
(b) any
pipe, cable, wire, duct or drain that is not for the exclusive use of a unit;
(c) any
structure that is not for the exclusive use of a unit installed before the
deposit of the strata plan;
(d) any
structure installed by a strata corporation as part of the common property;
(e) any
other structure on the site committed to the care of a strata corporation as
part of the common property.
(7) Subject to any
explicit statement to the contrary in the strata plan, a wall or fence between
a building that forms part of a unit and a unit subsidiary to that unit is
part of the common property.
(8) The plan must
conform with any requirements of the regulations as to the design of the
strata scheme.