Western Australian Current Acts Western Australian Current Acts (1) The boundaries of
lots in a strata titles scheme are defined on the scheme plan for the strata
titles scheme.
(2) A lot can be
comprised of non-contiguous parts defined on the scheme plan for the strata
titles scheme.
Example for this subsection:
The non-contiguous
parts may be to allow for a separate car parking space or shed to be part of
the lot.
(3) The way in which
the boundaries of lots are defined on the scheme plan for a strata titles
scheme determines whether the scheme is a strata scheme or a survey-strata
scheme .
(4) The way in which
the boundaries of a lot in a strata scheme are defined on the scheme plan must
be as set out in the definition of lot in a strata scheme in section 3(1) and
in section 3(2) to (4).
Note for this subsection:
Schedule 2A provides
for a special rule for how lots may be defined in a single tier strata scheme.
(5) The way in which
the boundaries of a lot in a survey-strata scheme are defined on the scheme
plan must be as set out in the definition of lot in a survey-strata scheme in
section 3(1).
(6) A change in the
definition of the boundaries of a lot does not, even if the lot is assigned a
new identifying number, of itself affect —
(a) for
a leasehold scheme — the strata lease for the lot; or
(b) for
a leasehold or freehold scheme — any other item registered or recorded
for the scheme in the Register.
(7) Damage to, or
destruction or removal of a wall, floor, ceiling or other structural element
by reference to which a lot in a strata scheme is defined does not of itself
affect the definition of the boundaries of the lot (which remain as defined on
the scheme plan).
[Section 9 inserted: No. 30 of 2018 s. 83.]