Western Australian Current Regulations

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STRATA TITLES (GENERAL) REGULATIONS 2019 - REG 75

75 .         Application for approval of structural alteration

        (1)         For the purposes of section 89(1), the following information is prescribed —

            (a)         plans and specifications for the structural alteration;

            (b)         the additional information prescribed for the type of structural alteration concerned by this regulation.

        (2)         The following additional information is prescribed for a structural alteration of a lot on a strata plan —

            (a)         the plot ratio restrictions and open space requirements in relation to the parcel;

            (b)         the pro rata entitlements of the lot (calculated as provided for by regulations 7 and  8);

            (c)         if the application is approved, the area of the structure, including the area of all existing and proposed structures to be taken into account for the purposes of calculating the plot ratio restrictions and open space requirements;

            (d)         whether or not the carrying out of the proposal will breach the pro rata entitlements of the lot and, if it does, the percentage and area by which the pro rata entitlements of the lot is exceeded;

            (e)         the location and dimensions of the proposed structure upon its completion in relation to any existing structure on the lot or to the boundaries of the lot;

            (f)         any contravention of the by‑laws of the strata company, whether of a permanent or temporary nature, which is likely to occur during or as a result of the erection, alteration or extension of the structure, and any proposed manner of dealing with that contravention;

            (g)         any likely interruption to or interference with any statutory easement, short form easement or restrictive covenant or any other easement or restrictive covenant affecting the parcel that is shown on the scheme plan or registered against the parcel, whether of a permanent or temporary nature;

            (h)         whether the structural alteration of the lot changes the boundaries of the lot and whether the applicant has sought advice from a licensed surveyor about the effect of the structural alteration.

        (3)         Subregulation (2)(a) to (d) do not apply if —

            (a)         the area of the structure, upon its erection, alteration or extension, would not be required to be taken into account for the purposes of calculating the plot ratio restrictions and open space requirements in relation to the parcel; and

            (b)         the application for approval includes a statement to that effect and the reason why it would not be required to be taken into account; and

            (c)         the strata company does not request in writing that the applicant supply the information referred to in subregulation (2)(a) to (d).

        (4)         The following additional information is prescribed for a structural alteration of a lot on a survey‑strata plan —

            (a)         the plot ratio restrictions and open space requirements in relation to the parcel;

            (b)         the pro rata entitlements of the lot (calculated as provided for by regulations 7 and  8);

            (c)         if the application is approved, the area of the structure, including the area of all existing and proposed structures to be taken into account for the purposes of calculating the plot ratio restrictions and open space requirements;

            (d)         whether or not the carrying out of the proposal will breach the pro rata entitlements of the lot and, if it does, the percentage and area by which the pro rata entitlements of the lot is exceeded;

            (e)         the dimensions of the proposed structure upon its completion;

            (f)         any likely interruption to or interference with any statutory easement, short form easement or restrictive covenant or any other easement or restrictive covenant affecting the parcel that is shown on the scheme plan or registered against the parcel, whether of a permanent or temporary nature.



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