New South Wales Consolidated Acts

STRATA SCHEMES (LEASEHOLD DEVELOPMENT) ACT 1986

- As at 21 October 2009
- Act 219 of 1986

TABLE OF PROVISIONS

           Long Title

   PART 1 - PRELIMINARY
   Note

   1.      Name of Act
   2.      Commencement
   3.      Act binds Crown
   4.      Definitions
   4A.     Notes in text
   5.      Construction of Act
   5A.     Application of Act to electronic form plans and other documents

   PART 2 - LAND IN LEASEHOLD STRATA SCHEMES

           Division 1 - Creation of lots and common property

   6.      Subdivision
   7.      Registration of strata plans
   8.      Effect of registration of a strata plan
   9.      Easements in certain leasehold strata schemes
   10.     Subdivision of development lot
   11.     Subdivision of lots and common property
   12.     Consequences of registration of strata plan of subdivision
   13.     Unit entitlement of lots in subdivision not involving common property
   14.     Unit entitlements of lots in subdivisions involving common property
   15.     Consolidation of lots
   16.     Conversion of lots into common property
   17.     Alteration of building affecting lot boundary
   18.     Certificates of title to be lodged with plans and notices
   19.     Strata plans to be signed or consented to
   20.     Provisions prohibiting registration to operate cumulatively

           Division 2 - Common property

   21.     Effect of creation of common property
   22.     Acquisition of additional common property
   23.     Body corporate to hold leasehold estate in common property as agent for lessees
   24.     Common property to be dealt with only under this Act and the Strata Schemes Management Act 1996
   25.     Folio where no common property
   26.     Folios for bodies corporate, generally
   27.     Folio where there is common property
   28.     Dealings with lots include leasehold estate in common property
   29.     Transfer or lease of common property
   30.     Creation or variation of easements, restrictions and positive covenants
   31.     Dedication of common property
   32.     Effect of dealings under this Division

           Division 3 - Leases of lots

   33.     Provisions generally applicable to leases
   34.     Restrictions on dealings by lessee
   35.     Powers of lessor where no current lease
   36.     Further leases of lots and common property
   37.     Expiry of leases of lots
   38.     Restrictions on re-entry or forfeiture of lease of lot

           Division 4 - Conversion of leasehold strata scheme to freehold strata scheme

   39.     Procedure for converting leasehold strata scheme
   40.     Effect of merger of leasehold estate with lessor’s reversion

           Division 5 - Staged development

   41.     Explanation of staged development
   42.     Obligations of consent authorities
   43.     Form and content of strata development contract
   44.     Concept plan
   45.     Variation of liability for common property expenses
   46.     Signing of strata development contract and amendments
   47.     Registration of strata development contract and amendments
   48.     Notice of strata development contract and amendments
   49.     Effect of strata development contract
   50.     Amendment of strata development contract
   51.     Approval of amendments by Land and Environment Court
   52.     Use of common property and development lot by developer
   53.     Adding land to a parcel subject to a strata development contract
   54.     Right to complete permitted development
   55.     What are “development concerns”?
   56.     Meetings of body corporate relating to development concerns
   57.     Conclusion of development scheme
   57AAA.  Revised schedule of unit entitlements
   57AA.   Order for extension or conclusion of development scheme
   57AB.   Application for assistance
   57AC.   Investigation of application for assistance
   57AD.   Power of entry
   57AE.   Application of Fair Trading Act 1987 to applications for assistance
   57AF.   Grant of legal assistance
   57AG.   Resolution authorising application by body corporate
   57AH.   Functions of Director-General

           Division 5A - Strata management statements

   57A.    Requirement for strata management statement
   57B.    Formal requirements
   57C.    Registration of strata management statement
   57D.    Amendment of strata management statement
   57E.    Signing of strata management statement
   57F.    Effect of strata management statement

           Division 6 - Compulsory acquisition of lots and common property

   58.     Definition
   59.     Resumptions affecting parcels
   60.     Effect of resumption
   61.     Readjustment of leasehold strata scheme for purposes of resumption
   62.     Common property not to pass with lot or part of lot in certain circumstances
   63.     Severance of lots by resumption
   63A.    Resumptions where resuming authority is bound by this Act
   64.     Resumptions where resuming authority not bound by this Act

           Division 7 - Strata certificates

   65.     Other Acts not to apply to subdivisions under Division 1
   65A.    Persons who may apply for strata certificate
   66.     Approval of proposed strata plans, certain subdivisions and conversions of lots into common property
   66A.    Approvals by accredited certifiers
   66AA.   Requirements relating to issue of strata certificates
   66B.    Relevant development consents
   66C.    Regulations
   66D.    Satisfaction as to compliance with conditions precedent to issue of strata certificates
   66E.    Accreditation of certifiers
   66F.    Insurance of accredited certifiers
   67.     Encroachments
   68.     Utility lots
   69.     Notices of and appeals against refusal of approval

           Division 8 - Powers and duties of Registrar-General

   70.     Registration of plans and notices
   71.     Provisions applying to strata plans and certain other documents
   72.     Registrar-General’s power to adjust unit entitlements
   73.     Recording of condition restricting use imposed by local council
   74.     Prohibition on recordings in the Register in certain circumstances
   75.     Certain recordings to be made by Registrar-General
   76.     Duties of Registrar-General where resumed land remains subject to strata scheme
   77.     Duties of Registrar-General where resumed land is excluded from strata scheme
   78.     Notice to produce electronic form plans and other documents

   PART 3 - VARIATION OR TERMINATION OF LEASEHOLD STRATA SCHEMES

   79.     Variation of leasehold strata scheme consequent on damage to or destruction of building
   80.     Termination of leasehold strata scheme
   80A.    Termination of leasehold strata scheme and leases by Registrar-General
   81.     Interchangeability of notices
   82.     Consequences of making an order under section 79 or 80

   PART 4 - RATING AND TAXATION

           83-120. (Repealed)
   121.    Definitions
   122.    Valuation of parcel
   122A.   Valuation of parcels that form part of the site of a building
   123.    (Repealed)
   124.    Rating of lots
   125.    Charges for services
   126.    Certain lots not ratable
   127.    (Repealed)
   128.    Certain valuations of interests in parcel not to be used for purposes of this Division

   PART 5 - (Repealed)
   None

   PART 6 - GENERAL

           184-189. (Repealed)
   190.    Notice of application for order under section 61, 79 or 80
           191-194. (Repealed)
   195.    Proceedings for offences
   196.    Regulations-general
           SCHEDULE 1A
           SCHEDULE 1
           SCHEDULE 2
           SCHEDULE 2AA
           SCHEDULE 2A
           Schedule 4 (Repealed)
           SCHEDULE 5