Strata Schemes Development Act 2015 (NSW)

Strata Schemes Development Act 2015 No 51

An Act to create freehold strata schemes and leasehold strata schemes; to provide for dealings with lots and common property in the schemes and for varying, terminating and renewing the schemes; and to repeal the Strata Schemes (Freehold Development) Act 1973 and the Strata Schemes (Leasehold Development) Act 1986.

Part 1 Preliminary

Division 1 Introduction

1 Name of Act This Act is the Strata Schemes Development Act 2015.

2 Commencement This Act commences on a day or days to be appointed by proclamation.

3 Main objects of Act The main objects of this Act are to provide for— (a) the subdivision of land, including buildings, into cubic spaces to create freehold strata schemes and leasehold strata schemes, and (b) the way in which lots and common property in strata schemes may be dealt with, and (c) the variation, termination and renewal of strata schemes.

Division 2 Interpretation

4 Definitions (1) In this Act— accepted lease or sublease means a lease or sublease, or a transfer of a lease or sublease, accepted by an owners corporation under section 25 (1). administration sheet means a document in the approved form that provides for administrative matters relating to the registration of plans under this Act. aggregate unit entitlement of lots in a strata scheme means the sum of the unit entitlements of the lots. approved form means a form approved by the Registrar-General for use under this Act. building, in relation to a strata scheme or a proposed strata scheme, means a building containing a lot or proposed lot, or part of a lot or proposed lot, in the scheme or proposed scheme. building alteration plan means a plan that is registered as a building alteration plan, and includes any information, certificate or other document required by this Act or the regulations to be included with the plan before it may be registered. by-laws for a strata scheme means the by-laws in force for the scheme. chargee, in relation to a lot or development lot in a leasehold strata scheme, means a chargee of the leasehold estate of the lot. common infrastructure means— (a) the cubic space occupied by a vertical structural member of a building, other than a wall, or (b) the pipes, wires, cables or ducts that are not for the exclusive benefit of one lot and are— (i) in a building in relation to which a plan for registration as a strata plan was lodged with the Registrar-General before 1 March 1986, or (ii) otherwise—in a building or in a part of a parcel that is not a building, or (c) the cubic space enclosed by a structure enclosing pipes, wires, cables or ducts referred to in paragraph (b). common property, in relation to a strata scheme or a proposed strata scheme, means any part of a parcel that is not comprised in a lot (including any common infrastructure that is not part of a lot). common property rights by-law has the same meaning as it has in the Strata Schemes Management Act 2015. community scheme has the same meaning as it has in the Community Land Development Act 2021. company nominee of a corporation has the same meaning as it has in the Strata Schemes Management Act 2015. covenant chargee of a lot or development lot in a leasehold strata scheme means a covenant chargee of the leasehold estate of the lot. current plan means a current plan as defined in section 7A of the Conveyancing Act 1919 that is registered, other than a strata plan, a strata plan of subdivision or a strata plan of consolidation. current plan lot—see section 9 (4). Department means the Department of Finance, Services and Innovation. developer of a strata scheme constituted on registration of a strata plan proposed under a development scheme means the person who, for the time being, is— (a) the original owner of the strata scheme, or (b) a person, other than the original owner, who is the owner of a development lot within the strata plan. development has the same meaning as it has in the Environmental Planning and Assessment Act 1979. development concern—see section 74. development lot means a lot in a strata plan or strata plan of subdivision that is identified by a strata development contract as a lot that is to be the subject of a strata plan of subdivision under the development scheme for the contract. development scheme means the scheme of development provided for, and represented by, a strata development contract. drainage reserve means land that is held by a local council for drainage purposes under section 49 of the Local Government Act 1993. floor includes a stairway or ramp. floor area of a lot means the area occupied on a horizontal plane by the base of the cubic space of the lot. floor plan means a plan that— (a) defines by lines (each a base line) the base of the vertical boundaries of each cubic space forming the whole of a proposed lot, or the whole of a part of a proposed lot, to which the plan relates, and (b) shows— (i) the floor area of each proposed lot, and (ii) if a proposed lot has more than one part—the floor area of each part together with the aggregate of the floor areas of the parts, and (c) if a proposed lot or part of a proposed lot is superimposed on another proposed lot or part—shows the separate base lines of the proposed lots or parts, by reference to floors or levels, in the order in which the superimposition occurs. folio means— (a) in relation to a lot or common property in a freehold strata scheme, a folio of the Register for the lot or common property, or (b) in relation to a lot or common property in a leasehold strata scheme, a folio of the Register for a lease of the lot or common property. freehold strata scheme means a strata scheme in which no lots or common property in the scheme are subject to a lease or leases referred to in section 11. function includes a power, authority or duty, and exercise a function includes perform a duty. initial period has the same meaning as it has in the Strata Schemes Management Act 2015. leasehold strata scheme means a strata scheme in which all lots and common property in the scheme are subject to a lease or leases referred to in section 11. lessee, in relation to a lot, development lot or common property in a leasehold strata scheme, means the lessee of the leasehold estate under a lease registered on the folio for the lot, development lot or common property, but does not include an owner of a lot. lessor of a leasehold strata scheme means the person who holds the fee simple in the lots and common property in the scheme. liabilities of an owners corporation in relation to the termination of a strata scheme under Part 9 or 10 means any liabilities, debts or obligations of the owners corporation (whether present or future, whether vested or contingent and whether personal or assignable). local council, in relation to land, means— (a) the council of the area under the Local Government Act 1993 in which the land is situated, or (b) a person declared by the regulations to be the local council for the land for the purposes of this Act or any specified provision of this Act. location plan means a plan that— (a) relates to land the subject of a proposed strata scheme, and (b) if the scheme does not relate to a proposed part strata parcel—delineates the perimeter of the land and the location, in relation to the perimeter, of each— (i) building on the land, and (ii) proposed lot or part of a proposed lot not within a building, and (c) if the scheme relates to a proposed part strata parcel— (i) delineates the perimeter of the site of the building of which the proposed part strata parcel forms part and the location, in relation to the perimeter, of the building and proposed part strata parcel, and (ii) delineates the location, in relation to the perimeter of the proposed part strata parcel, of the part of the building the subject of the proposed strata scheme and each proposed lot or part of a proposed lot not within the building, and (d) shows the particulars prescribed by the regulations. lodge means lodge with the Registrar-General. lot, in relation to a strata scheme, means one or more cubic spaces shown as a lot on a floor plan relating to the scheme, but does not include any common infrastructure, unless the common infrastructure is described on the plan, in the way prescribed by the regulations, as a part of the lot. mortgagee, in relation to a lot or development lot in a leasehold strata scheme, means a mortgagee of the leasehold estate of the lot. notice of conversion means a notice that is registered as a notice of conversion, and includes any information, certificate or other document required by this Act or the regulations to be included with the notice before it may be registered. notice of resumption means a notice, notification or other instrument publication of which vests land described in the notice, notification or instrument in a resuming authority by way of resumption. occupier of a lot means a person in lawful occupation of the lot. original owner— (a) of a freehold strata scheme means the person who held the fee simple in the parcel the subject of the scheme when the strata plan for the scheme was registered, or (b) of a leasehold strata scheme means the person who, immediately after registration of the strata plan for the scheme, is entitled to a leasehold estate in all the lots in the scheme or is entitled to a leasehold estate in 2 or more lots in the scheme with total unit entitlements exceeding more than two-thirds of the aggregate unit entitlement of the lots in the scheme. owner of a lot in a strata scheme means a person for the time being recorded in the Register as entitled to an estate in fee simple in the lot (in the case of a freehold strata scheme) or as entitled to a leasehold estate in the lot (in the case of a leasehold strata scheme), but does not include a sublessee of a lot in a leasehold strata scheme.