Western Australian Current Regulations

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STRATA TITLES (GENERAL) REGULATIONS 2019 - REG 49

49 .         Significant variations

        (1)         Each of the following is a significant variation to an agreed stage of subdivision —

            (a)         a stage of subdivision that will result in the relative unit entitlement of an existing lot increasing to more than, or decreasing to less than, the relative unit entitlement of that lot as provided for in the agreed stage of subdivision, if the increase or decrease is 10% or more of the relative unit entitlement of that lot as provided for in the agreed stage of subdivision;

            (b)         a stage of subdivision that will result in the total number of lots in the strata titles scheme increasing to more than, or decreasing to less than, the total number of lots as provided for in the agreed stage of subdivision, if the increase or decrease is 10% or more of the total number of lots as provided for in the agreed stage of subdivision;

            (c)         a stage of subdivision that will result in a change to a registered easement or restrictive covenant over the whole or part of the parcel that was not provided for in the agreed stage of subdivision, unless the change does not have a material adverse impact on any existing lots within the scheme.

        (2)         A licensed valuer may make a determination about whether a stage of subdivision is or is not a significant variation to an agreed stage of subdivision under subregulation (1)(a).

        (3)         The licensed valuer who makes the determination must consider how any changes in configuration of scheme buildings, lots or common property not provided for in the agreed stage of subdivision affect the unit entitlement of any existing lots in the scheme.

        (4)         A licensed surveyor may make a determination about whether a stage of subdivision is or is not a significant variation to an agreed stage of subdivision under subregulation (1)(b) or (c).



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