Strata Titles (General) Regulations 2019 (WA)

Western Australia Strata Titles Act 1985 Strata Titles (General) Regulations 2019 Western Australia Strata Titles (General) Regulations 2019 Contents Part 1 — Preliminary 1. Citation 1 2. Commencement 1 3. Terms used 1 4. Notes and examples not part of regulations 1 Part 2 — Further provisions relating to terms used in the Act 5. Requirements for approved form 1 6. Boundaries of cubic space 1 7. Calculation of open space 1 8. Calculation of plot ratio 1 9. Insurable asset 1 10. Key documents 1 11. Volunteer strata managers 1 Part 3 — Scheme plans 12. Additional requirements for lodgement and registration 1 13. Application of Survey Regulations to scheme plans 1 14. Surveyor's certificate 1 15. Preparation and certification of scheme plans and amendments 1 16. Numbering of lots and common property 1 Part 4 — Planning and development 17. Matters to be considered on application for subdivision approval 1 18. Duration of subdivision approval 1 19. Exemptions from planning approval 1 20. Review of Planning Commission decision 1 21. Review of local government decision 1 Part 5 — Short form easements and restrictive covenants Division 1 — Preliminary 22. Terms used 1 Division 2 — Identification, location and nature 23. Permitted easements and short form descriptions 1 24. Location of easement area and identification of property affected 1 25. Permitted restrictive covenants and short form descriptions 1 26. Location of covenant area and identification of property affected 1 27. Benefit of short form easement or restrictive covenant need not attach to land 1 28. Short form easement or restrictive covenant binds strata company 1 29. Short form documents 1 Division 3 — Rights and liabilities under short form easements 30. General 1 31. Vehicle access easement 1 32. Light and air easement 1 33. Party wall easement 1 34. Intrusion easement 1 35. Pedestrian access easement 1 36. Easement in gross 1 37. Easement for utility services 1 38. Entry under easement 1 39. Rectification of damage 1 40. Indemnity payable by grantee 1 41. Payment of consideration 1 Division 4 — Rights and liabilities under short form restrictive covenants 42. General 1 43. Right of way restrictive covenant 1 44. Land use restrictive covenant 1 45. Conservation restrictive covenant 1 46. Building envelope restrictive covenant 1 47. Fire restrictive covenant 1 Part 6 — Staged subdivision 48. Terms used 1 49. Significant variations 1 50. Exemption for stage of subdivision with no significant variations 1 51. Persons entitled to dispute determination 1 52. Disputes about certified variations 1 53. Requirements relating to staged subdivision by‑laws 1 Part 7 — Schedule of unit entitlements 54. Determining capital value of a lot 1 55. Certificate by licensed valuer 1 Part 8 — Scheme by‑laws 56. Application for registration of scheme by‑laws 1 57. Enforcement of scheme by‑laws 1 58. Maximum penalty for contravention of scheme by‑laws 1 Part 9 — Strata leases 59. Relationship with other laws 1 60. Consent of owner to deal with or dispose of strata title 1 61. Requirements for strata lease 1 62. Covenants or conditions of strata lease that are allowed 1 63. Amendment of strata lease 1 Part 10 — Common property (utility and sustainability infrastructure) easements 64. Special procedures for notice under s. 64 1 65. Consent of strata company to development 1 66. Obligations of infrastructure owner 1 67. Rights of infrastructure owner 1 68. Disposal of lot by infrastructure owner 1 69. Strata company to be notified of certain actions 1 70. Insurance 1 71. Damage to common property 1 72. Removal of infrastructure after termination of contract 1 Part 11 — Lot owners and occupiers 73. Term used: structure 1 74. Grounds for refusal of structural alteration 1 75. Application for approval of structural alteration 1 Part 12 — Strata companies 76. Temporary common property 1 77. Requirement to have 10 year plan 1 78. Rate of interest on unpaid contributions 1 79. Designated strata company — extended meaning 1 80. Expenditure on common property requiring special resolution 1 81. Budget variations that are authorised 1 82. Expenditure subject to objection procedure 1 83. Period in which records must be retained 1 84. Form of records 1 85. Person with proper interest in information 1 86. Fees for applications under s. 107 1 87. Inspection of material 1 88. Maximum charge for copies of material 1 89. Voting 1 Part 13 — Strata managers 90. Terms used 1 91. Repair or maintenance work and specialist work excluded 1 92. Strata manager must obtain national criminal record checks 1 93. Strata manager must provide criminal record statement to strata company 1 94. Volunteer strata manager to table criminal record check 1 95. Strata manager to ensure prescribed educational qualifications are completed 1 96. Key role 1 97. Strata manager must warrant prescribed educational qualifications are held 1 98. Strata manager must obtain professional indemnity insurance 1 99. Strata manager must warrant professional indemnity insurance in contract 1 100. Disclosure of remuneration and other benefits 1 101. Operation of trust accounts 1 102. Strata manager to provide annual return 1 Part 14 — Protection of buyers 103. Further information to be provided 1 104. Information to be given before contract 1 105. Particulars of notifiable variation to be provided to buyer 1 106. Occurrence of notifiable variation 1 Part 15 — Termination proposals Division 1 — Preliminary 107. Terms used 1 Division 2 — Outline proposal 108. Details of arrangements for independent advice or representation 1 109. Additional information for outline proposal 1 Division 3 — Independent advocate 110. Level of independence of independent advocate 1 111. Qualifications of independent advocate 1 112. Assessment of proposal by independent advocate 1 113. Presentation by independent advocate 1 114. Maximum charge for exercise of primary functions 1 Division 4 — Full proposal 115. Tenants entitled to 5 year term 1 116. Person who can provide report of required works 1 117. Valuation methodology 1 118. Validity period of valuation 1 119. Preparation and certification of reports 1 120. Termination valuation report to be provided to Valuer‑General 1 Division 5 — Voting, confirmation and withdrawal 121. Notice of proposal to vote under s. 182 1 122. Independent vote counter 1 123. Provision of record of votes 1 124. Protection of record of votes (resolution subject to confirmation) 1 125. Material to accompany application by proponent for confirmation of termination resolution 1 126. Things strata company must provide to Tribunal 1 127. Notice of termination proposal not proceeding 1 Division 6 — Arrangements for independent advice or representation for owners 128. Proponent to establish trust 1 129. Stages of termination proposal process for funding purposes 1 130. Services for which funding is to be provided 1 131. Advisory services 1 132. Representation services 1 133. Ancillary services 1 134. Method of funding under trust 1 135. Amount of funding 1 136. Other rules about funding 1 137. Trustee of trust 1 138. Disputes about trustee's performance 1 139. Trust account 1 140. Records 1 141. Privacy of information 1 142. Winding up of trust 1 Division 7 — Vulnerable persons 143. Identification of vulnerable persons 1 144. Diminished capacity to understand termination proposal process 1 145. Diminished capacity to cope with termination proposal process 1 146. Diminished capacity to respond to termination proposal process 1 Division 8 — Arrangements for recognition of vulnerable persons 147. Independent advocate to identify vulnerable persons to proponent 1 148. Owner of lot may apply to be recognised as vulnerable person 1 149. Proponent to make decision about claim of vulnerability 1 150. Trustee may require information about type of vulnerability 1 151. Dispute about proponent's decision 1 152. Unanimous owner‑initiated termination proposals excluded 1 Division 9 — Provisions for unanimous owner‑initiated termination proposals 153. Unanimous owner‑initiated termination proposals 1 154. Permission to submit termination proposal as unanimous owner‑initiated termination proposal 1 155. Outline of proposal 1 156. Qualifications of independent advocate 1 157. Full proposal 1 158. Person who can provide report of required works 1 159. Arrangements for independent advice or representation for owners 1 Part 16 — Tribunal proceedings 160. Occupier disputes relating to termination proposals 1 161. Orders required to be made by legally qualified member 1 162. Internal review of Tribunal decisions 1 Part 17 — Miscellaneous 163. Expiry day for leasehold scheme in scheme notice 1 164. Postponement of expiry day for leasehold scheme 1 165. Variation of strata titles scheme — redefining plan 1 166. Notice of impending expiry of leasehold scheme 1 167. Conversion of tenancy in common to strata titles scheme — simplified procedure 1 168. Disposition statements 1 169. Fees payable to Registrar of Titles 1 170. Fees payable to local government 1 171. Fees payable to Planning Commission 1 Part 18 — Repeal, savings and transitional 172. Terms used 1 173. Strata Titles General Regulations 1996 repealed 1 174. Open space and plot ratio changes 1 175. Phasing‑in of financial year requirements 1 176. Scheme notice for strata titles schemes continued by 2018 amending Act 1 177. Applications lodged before commencement day 1 178. Staged subdivisions under pre‑commencement by‑laws 1 179. Requirement to have 10 year plan 1 180. Compulsory changes to scheme by‑laws 1 181. Phasing‑in of national criminal record check requirements 1 182. Phasing‑in of educational qualification requirements 1 182A. Transitional provision for Lands Regulations (Community and Strata Titles) Amendment Regulations (No. 3) 2024 1 183. Phasing‑in of professional indemnity insurance requirements 1 Schedule 1 — Special provisions relating to single tier strata scheme 1. Term used: Schedule 2A 1 2. Application of Schedule 1 3. Permitted boundary deviation 1 4. Boundaries of cubic space — things that are included 1 5. Boundaries of cubic space — things that are excluded 1 6. Merger by resolution of buildings that are common property — sketch plan required 1 7. Merger by resolution of land that is common property — requirements for sketch plan 1 8. Merger by resolution of land that is common property — surveyor's certificate 1 9. Merger by resolution of land that is common property — disposition statement 1 10. Conversion of strata scheme to survey‑strata scheme — survey‑strata plan 1 11. Conversion of strata scheme to survey‑strata scheme — certificate of interest holders 1 12. Conversion of strata scheme to survey‑strata scheme — certificate of licensed surveyor 1 13. Conversion of strata scheme to survey‑strata scheme — disposition statement 1 14. Action to be taken by Registrar of Titles 1 15. Insurance 1 Schedule 2 — Explanation of effect of section 47 1. Enforcement of scheme by‑laws 1 2. Who can apply for enforcement of scheme by‑laws 1 3. How this could affect you 1 Schedule 3 — Provisions to be included in strata lease Division 1 — General 1. Preliminary 1 2. Terms used 1 3. Lease of the lot 1 4. Term of strata lease 1 5. Covenants or conditions of strata lease 1 6. Special provision for conditional tenure land 1 7. Services of notices under strata lease 1 Division 2 — Covenants or conditions 8. Term used: designated event 1 9. Compliance with legislation 1 10. Compliance with scheme by‑laws 1 11. Requirement to maintain lot 1 12. Requirement to notify lessor of structural damage 1 13. Payment of rates and charges 1 14. Discharge of mortgages and removal of caveats 1 15. Change in ownership details 1 16. Lease by lessee must be consistent with strata lease 1 17. Inspection of lot 1 18. Lessee to deliver vacant possession when leasehold scheme expires 1 Schedule 4 — Educational qualifications for strata managers and designated persons 1. Terms used 1 2. Principal of business 1 3. Designated person 1 4. Changes to titles of units 1 Schedule 5 — Fees payable to Registrar of Titles Schedule 6 — Fees payable to Planning Commission Notes Compilation table 1 Defined terms Strata Titles Act 1985 Strata Titles (General) Regulations 2019