Western Australian Current Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

STRATA TITLES ACT 1985 - SECT 35

35 .         Requirements for registration of amendment of scheme plan

        (1)         An amendment of a scheme plan for a strata titles scheme must not be registered unless —

            (a)         for a leasehold scheme, the owner of the leasehold scheme is the applicant for registration or has given written consent to the amendment; and

            (b)         to the extent that the amendment gives effect to a type 1 subdivision —

                  (i)         the subdivision is authorised by resolution without dissent of the strata company; and

                  (ii)         each owner of a lot affected by the amendment who is not an applicant for registration of the amendment —

                        (I)         has been given notice in the approved form of the subdivision and any associated amendment of the schedule of unit entitlements; and

        (II)         has given written consent to the amendment;

                and

                  (iii)         if the owner of a lot affected by the amendment holds a life estate in the land, the person who holds the remainder or reversionary interest in the land —

                        (I)         has been given notice in the approved form of the subdivision and any associated amendment of the schedule of unit entitlements; and

        (II)         has given written consent to the amendment;

                and

                  (iv)         each designated interest in land that is to become common property has been discharged, surrendered, withdrawn or otherwise extinguished;

                and

            (c)         to the extent that the amendment gives effect to a type 2 subdivision —

                  (i)         the subdivision is authorised by resolution without dissent of the strata company; and

                  (ii)         the holder of each designated interest over the whole or a part of the parcel has been given notice in the approved form of the subdivision and any associated amendment of the schedule of unit entitlements and —

                        (I)         has given written consent to the subdivision; or

        (II)         has not, at the end of 60 days after being given notice, made a written objection to the subdivision setting out the reasons for the objection;

                and

            (d)         to the extent that the amendment gives effect to a type 3 subdivision —

                  (i)         each owner of a lot affected by the amendment who is not an applicant for registration of the amendment —

                        (I)         has been given notice in the approved form of the subdivision and any associated amendment of the schedule of unit entitlements; and

        (II)         has given written consent to the amendment;

                and

                  (ii)         if the owner of a lot affected by the amendment holds a life estate in the land, the person who holds the remainder or reversionary interest in the land —

                        (I)         has been given notice in the approved form of the subdivision and any associated amendment of the schedule of unit entitlements; and

        (II)         has given written consent to the amendment;

                and

                  (iii)         the holder of each designated interest over the whole or a part of a lot affected by the amendment has been given notice in the approved form of the subdivision and any associated amendment of the schedule of unit entitlements and —

                        (I)         has given written consent to the amendment; or

        (II)         has not, at the end of 60 days after being given notice, made a written objection to the amendment setting out the reasons for the objection;

                and

            (e)         to the extent that the amendment gives effect to a type 4 subdivision —

                  (i)         the amendment is authorised by unanimous resolution of the strata company; and

                  (ii)         the holder of each designated interest over the whole or a part of the parcel has been given notice in the approved form of the subdivision and any associated amendment of the schedule of unit entitlements and —

                        (I)         has given written consent to the subdivision; or

        (II)         has not, at the end of 60 days after being given notice, made a written objection to the subdivision setting out the reasons for the objection;

                and

            (f)         to the extent that the amendment gives effect to any type of subdivision — the amendment is approved by the Planning Commission (subject to any exemption in regulations under section 15(6)); and

            (g)         to the extent that the amendment imposes, varies or revokes a restricted use condition, the imposition, variation or revocation —

                  (i)         has been approved by the Planning Commission under section 21; and

                  (ii)         is authorised by resolution without dissent of the strata company;

                and

            (h)         to the extent that the amendment describes land as temporary common property in the scheme or deletes land from such a description — the acceptance or surrender of the lease of the temporary common property under section 92 is authorised by resolution without dissent of the strata company; and

                  (i)         to the extent that the amendment creates or discharges an easement or restrictive covenant —

                  (i)         for a short form easement or restrictive covenant — the amendment of the scheme plan is approved by the Planning Commission;

                  (ii)         in the case of an amendment affecting the common property — the amendment is authorised by resolution without dissent of the strata company; and

                  (iii)         in the case of an amendment affecting a lot — the owner of the lot has given written consent to the amendment; and

                  (iv)         in any case — the holder of each designated interest over the common property or a lot affected by the amendment has been given notice in the approved form of the amendment and —

                        (I)         has given written consent to the subdivision; or

        (II)         has not, at the end of 60 days after being given notice, made a written objection to the creation or discharge setting out the reasons for the objection;

                and

            (j)         for a strata scheme —

                  (i)         the amendment of the scheme plan is accompanied by an occupancy permit or building approval certificate under the Building Act 2011 Part 4 Division 3 for each scheme building constructed or modified in the course of a subdivision to be given effect by registration of the amendment of the scheme; and

                  (ii)         if the amendment of the scheme plan identifies an encroachment that is not on to a public road, street or way and is to be managed or controlled as if it were common property, an appropriate easement has been granted and will be lodged with the Registrar of Titles.

        (2)         The Tribunal may, on the application of an applicant for registration of an amendment of a strata titles scheme, order that an objection to the amendment of a person with a designated interest be disregarded on the grounds that the objection is unreasonable.

        (3)         In considering whether an objection is unreasonable, the Tribunal may consider —

            (a)         the merits of the proposed amendment of the strata titles scheme; and

            (b)         the grounds for the objection; and

            (c)         any other factor the Tribunal considers relevant.

        (4)         If the Tribunal makes such an order, the applicant must lodge a copy of the order certified by the Tribunal with the Registrar of Titles.

        (5)         The notice of a resolution for an amendment of a scheme plan must include details of the proposed amendment, and any associated amendment of the schedule of unit entitlements, in the approved form.

        Note for this section:

                For when an amendment of a scheme plan affects the common property or a lot, see section 3(7).

        [Section 35 inserted: No. 30 of 2018 s. 83.]

[Former section 35 renumbered as section 91 and relocated to Part 8 Division 1 Subdivision 1: No. 30 of 2018 s. 84.]

[Former section 35A renumbered as section 105 and relocated to Part 8 Division 1 Subdivision 5: No. 30 of 2018 s. 84.]



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback