Western Australian Current Regulations

STRATA TITLES (GENERAL) REGULATIONS 2019

TABLE OF PROVISIONS

   PART 1 -- Preliminary  

   1.      Citation  
   2.      Commencement  
   3.      Terms used  
   4.      Notes and examples not part of regulations

   PART 2 -- Further provisions relating to terms used in the Act  

   5.      Requirements for approved form  
   6.      Boundaries of cubic space  
   7.      Calculation of open space  
   8.      Calculation of plot ratio  
   9.      Insurable asset  
   10.     Key documents  
   11.     Volunteer strata managers

   PART 3 -- Scheme plans  

   12.     Additional requirements for lodgement and registration  
   13.     Application of Survey Regulations to scheme plans  
   14.     Surveyor’s certificate  
   15.     Preparation and certification of scheme plans and amendments  
   16.     Numbering of lots and common property

   PART 4 -- Planning and development  

   17.     Matters to be considered on application for subdivision approval  
   18.     Duration of subdivision approval  
   19.     Exemptions from planning approval  
   20.     Review of Planning Commission decision  
   21.     Review of local government decision

   PART 5 -- Short form easements and restrictive covenants

           Division 1 -- Preliminary  

   22.     Terms used

           Division 2 -- Identification, location and nature  

   23.     Permitted easements and short form descriptions  
   24.     Location of easement area and identification of property affected  
   25.     Permitted restrictive covenants and short form descriptions  
   26.     Location of covenant area and identification of property affected  
   27.     Benefit of short form easement or restrictive covenant need not attach to land  
   28.     Short form easement or restrictive covenant binds strata company  
   29.     Short form documents

           Division 3 -- Rights and liabilities under short form easements  

   30.     General  
   31.     Vehicle access easement  
   32.     Light and air easement  
   33.     Party wall easement  
   34.     Intrusion easement  
   35.     Pedestrian access easement  
   36.     Easement in gross  
   37.     Easement for utility services  
   38.     Entry under easement  
   39.     Rectification of damage  
   40.     Indemnity payable by grantee  
   41.     Payment of consideration

           Division 4 -- Rights and liabilities under short form restrictive covenants  

   42.     General  
   43.     Right of way restrictive covenant  
   44.     Land use restrictive covenant  
   45.     Conservation restrictive covenant  
   46.     Building envelope restrictive covenant  
   47.     Fire restrictive covenant

   PART 6 -- Staged subdivision  

   48.     Terms used  
   49.     Significant variations  
   50.     Exemption for stage of subdivision with no significant variations  
   51.     Persons entitled to dispute determination  
   52.     Disputes about certified variations  
   53.     Requirements relating to staged subdivision by‑laws

   PART 7 -- Schedule of unit entitlements  

   54.     Determining capital value of a lot  
   55.     Certificate by licensed valuer

   PART 8 -- Scheme by‑laws  

   56.     Application for registration of scheme by‑laws  
   57.     Enforcement of scheme by‑laws  
   58.     Maximum penalty for contravention of scheme by‑laws

   PART 9 -- Strata leases  

   59.     Relationship with other laws  
   60.     Consent of owner to deal with or dispose of strata title  
   61.     Requirements for strata lease  
   62.     Covenants or conditions of strata lease that are allowed  
   63.     Amendment of strata lease

   PART 10 -- Common property (utility and sustainability infrastructure) easements  

   64.     Special procedures for notice under s. 64  
           65. Consent of strata company to development  
   66.     Obligations of infrastructure owner  
   67.     Rights of infrastructure owner  
   68.     Disposal of lot by infrastructure owner  
   69.     Strata company to be notified of certain actions  
   70.     Insurance  
   71.     Damage to common property  
   72.     Removal of infrastructure after termination of contract

   PART 11 -- Lot owners and occupiers  

   73.     Term used: structure  
   74.     Grounds for refusal of structural alteration  
   75.     Application for approval of structural alteration

   PART 12 -- Strata companies  

   76.     Temporary common property  
   77.     Requirement to have 10 year plan  
   78.     Rate of interest on unpaid contributions  
   79.     Designated strata company -- extended meaning  
   80.     Expenditure on common property requiring special resolution  
   81.     Budget variations that are authorised  
   82.     Expenditure subject to objection procedure  
   83.     Period in which records must be retained  
   84.     Form of records  
   85.     Person with proper interest in information  
   86.     Fees for applications under s. 107  
           87. Inspection of material  
   88.     Maximum charge for copies of material  
   89.     Voting

   PART 13 -- Strata managers  

   90.     Terms used  
   91.     Repair or maintenance work and specialist work excluded  
   92.     Strata manager must obtain national criminal record checks  
   93.     Strata manager must provide criminal record statement to strata company  
   94.     Volunteer strata manager to table criminal record check  
   95.     Strata manager to ensure prescribed educational qualifications are completed  
   96.     Key role  
   97.     Strata manager must warrant prescribed educational qualifications are held  
   98.     Strata manager must obtain professional indemnity insurance  
   99.     Strata manager must warrant professional indemnity insurance in contract  
   100.    Disclosure of remuneration and other benefits  
   101.    Operation of trust accounts  
   102.    Strata manager to provide annual return

   PART 14 -- Protection of buyers  

   103.    Further information to be provided  
   104.    Information to be given before contract  
   105.    Particulars of notifiable variation to be provided to buyer  
   106.    Occurrence of notifiable variation

   PART 15 -- Termination proposals

           Division 1 -- Preliminary  

   107.    Terms used

           Division 2 -- Outline proposal  

   108.    Details of arrangements for independent advice or representation  
   109.    Additional information for outline proposal

           Division 3 -- Independent advocate  

   110.    Level of independence of independent advocate  
   111.    Qualifications of independent advocate  
   112.    Assessment of proposal by independent advocate  
   113.    Presentation by independent advocate  
   114.    Maximum charge for exercise of primary functions

           Division 4 -- Full proposal  

   115.    Tenants entitled to 5 year term  
   116.    Person who can provide report of required works  
   117.    Valuation methodology  
   118.    Validity period of valuation  
   119.    Preparation and certification of reports  
   120.    Termination valuation report to be provided to Valuer‑General

           Division 5 -- Voting, confirmation and withdrawal  

   121.    Notice of proposal to vote under s. 182  
           122. Independent vote counter  
   123.    Provision of record of votes  
   124.    Protection of record of votes (resolution subject to confirmation)  
   125.    Material to accompany application by proponent for confirmation of termination resolution  
   126.    Things strata company must provide to Tribunal  
   127.    Notice of termination proposal not proceeding

           Division 6 -- Arrangements for independent advice or representation for owners  

   128.    Proponent to establish trust  
   129.    Stages of termination proposal process for funding purposes  
   130.    Services for which funding is to be provided  
   131.    Advisory services  
   132.    Representation services  
   133.    Ancillary services  
   134.    Method of funding under trust  
   135.    Amount of funding  
   136.    Other rules about funding  
   137.    Trustee of trust  
   138.    Disputes about trustee’s performance  
   139.    Trust account  
   140.    Records  
   141.    Privacy of information  
   142.    Winding up of trust

           Division 7 -- Vulnerable persons  

   143.    Identification of vulnerable persons  
   144.    Diminished capacity to understand termination proposal process  
   145.    Diminished capacity to cope with termination proposal process  
   146.    Diminished capacity to respond to termination proposal process

           Division 8 -- Arrangements for recognition of vulnerable persons  

   147.    Independent advocate to identify vulnerable persons to proponent  
   148.    Owner of lot may apply to be recognised as vulnerable person  
   149.    Proponent to make decision about claim of vulnerability  
   150.    Trustee may require information about type of vulnerability  
   151.    Dispute about proponent’s decision  
   152.    Unanimous owner‑initiated termination proposals excluded

           Division 9 -- Provisions for unanimous owner‑initiated termination proposals  

   153.    Unanimous owner‑initiated termination proposals  
   154.    Permission to submit termination proposal as unanimous owner‑initiated termination proposal  
   155.    Outline of proposal  
   156.    Qualifications of independent advocate  
   157.    Full proposal  
   158.    Person who can provide report of required works  
   159.    Arrangements for independent advice or representation for owners

   PART 16 -- Tribunal proceedings  

   160.    Occupier disputes relating to termination proposals  
   161.    Orders required to be made by legally qualified member  
   162.    Internal review of Tribunal decisions

   PART 17 -- Miscellaneous  

   163.    Expiry day for leasehold scheme in scheme notice  
   164.    Postponement of expiry day for leasehold scheme  
   165.    Variation of strata titles scheme -- redefining plan  
   166.    Notice of impending expiry of leasehold scheme  
   167.    Conversion of tenancy in common to strata titles scheme -- simplified procedure  
   168.    Disposition statements  
   169.    Fees payable to Registrar of Titles  
   170.    Fees payable to local government  
   171.    Fees payable to Planning Commission

   PART 18 -- Repeal, savings and transitional  

   172.    Terms used  
   173.    Strata Titles General Regulations 1996 repealed  
   174.    Open space and plot ratio changes  
   175.    Phasing‑in of financial year requirements  
   176.    Scheme notice for strata titles schemes continued by 2018 amending Act  
   177.    Applications lodged before commencement day  
   178.    Staged subdivisions under pre‑commencement by‑laws  
   179.    Requirement to have 10 year plan  
   180.    Compulsory changes to scheme by‑laws  
   181.    Phasing‑in of national criminal record check requirements  
   182.    Phasing‑in of educational qualification requirements  
   182A.   Transitional provision for Lands Regulations (Community and Strata Titles) Amendment Regulations (No. 3) 2024  
   183.    Phasing‑in of professional indemnity insurance requirements
           SCHEDULE 1 -- Special provisions relating to single tier strata scheme  
           SCHEDULE 2 -- Explanation of effect of section 47  
           SCHEDULE 3 -- Provisions to be included in strata lease
           SCHEDULE 4 -- Educational qualifications for strata managers and designated persons  
           SCHEDULE 5 -- Fees payable to Registrar of Titles
           SCHEDULE 6 -- Fees payable to Planning Commission