Western Australian Current Acts

STRATA TITLES ACT 1985 - SECT 87

87 .         Structural alteration of lot in strata scheme

        (1)         The owner of a lot in a 2-lot scheme that is a strata scheme must not cause or permit the structural alteration of the lot except with the prior written approval of —

            (a)         the owner of the other lot; and

            (b)         for a leasehold scheme, the owner of the leasehold scheme.

        (2)         The owner of a lot in a strata scheme, other than a 2-lot scheme, must not cause or permit the structural alteration of the lot except —

            (a)         with the prior approval, expressed by resolution without dissent, of the strata company and, for a leasehold scheme, the prior written approval of the owner of the leasehold scheme; or

            (b)         if —

                  (i)         the prior written approval to the structural alteration has been given by the owner of each lot in the scheme, and, for a leasehold scheme, the owner of the leasehold scheme; and

                  (ii)         all approvals are either unconditional or are subject to the same conditions; and

                  (iii)         a copy of each approval is served on the strata company.

        (3)         If an application is made under this section for approval for the structural alteration of a lot, the owner of any other lot in the strata scheme or the owner of the leasehold scheme may refuse to give approval on a ground permitted by subsection (5), but not otherwise.

        (4)         If an application is made to a strata company under this section —

            (a)         notice of the proposed resolution on the application must contain or be accompanied by a statement, in the approved form, of the effect of paragraphs (c) and (d); and

            (b)         if a vote on the resolution is taken at a general meeting, the chairperson must, before the vote is taken, read out the statement referred to in paragraph (a); and

            (c)         the vote for a lot may be cast —

                  (i)         against a resolution to approve the application; or

                  (ii)         in support of a resolution to refuse approval of the application,

                on a ground permitted by subsection (5), but not otherwise; and

            (d)         a vote referred to in paragraph (c) is of no effect unless the person casting the vote discloses as a ground for the person’s vote 1 or more of the grounds permitted by subsection (5).

        (5)         The grounds on which approval may be refused are —

            (a)         that the carrying out of the proposal will breach the plot ratio restrictions or open space requirements for the lot; or

            (b)         in the case of a lot that is not a vacant lot, that the carrying out of the proposal —

                  (i)         will result in a structure that is visible from outside the lot and that is not in keeping with the rest of the development; or

                  (ii)         may affect the structural soundness of a building; or

                  (iii)         may interfere with a statutory easement;

                or

            (c)         any other ground specified in the regulations.

        [(6)         deleted]

        [Section 87, formerly section 7, inserted: No. 58 of 1995 s. 13; amended, renumbered as section 87 and relocated: No. 30 of 2018 s. 10 and 84.]