Part 5 Registration and land titles

(1) An application for registration of a strata titles scheme or an amendment of a strata titles scheme can be made —

(a) for registration to give effect to a subdivision, by the scheme developer for the subdivision; or

(b) for registration of an amendment of a strata titles scheme, by —

(i) the strata company for the scheme; or

(ii) an owner of a lot in the scheme; or

(iii) if the scheme is a leasehold scheme, the owner of the leasehold scheme.

(2) An application for registration of a strata titles scheme or an amendment of a strata titles scheme must —

(a) be lodged with the Registrar of Titles; and

(b) be in the approved form; and

(c) be accompanied by —

(i) for registration of a scheme — the scheme documents; or

(ii) for an amendment of a scheme — amendments or replacements of the scheme documents that require modification as a consequence of the amendment of the scheme;

and

(d) be accompanied by evidence, in the approved form, that the requirements of this Act for the making and registration of the scheme documents or amendments of the scheme documents have been complied with; and

Note for this paragraph:

See especially the requirements set out in sections 30 and 31 for the scheme notice, sections 34 and 35 (but subject to section 36) for the scheme plan, section 38 for the schedule of unit entitlements, section 48 for scheme by-laws and section 53 for strata leases.

(e) must be accompanied, if applicable, by —

(i) a statement (in the approved form) of how each item registered or recorded for the scheme in the Register is to be dealt with; and

(ii) disposition statements, instruments or documents necessary for that purpose;

and

(f) be accompanied by the fee fixed by the regulations.

(3) The Registrar of Titles may accept an application for registration of a scheme plan or amendment of a scheme plan, or a scheme plan or amendment of a scheme plan for lodgement, before the plan or amendment is endorsed with the approval of the Planning Commission as required under Part 3 Division 1, but the plan or amendment cannot be registered until it is so endorsed.

(4) The regulations may impose time limits within which an application for registration must be made.

Note for this subsection:

For example, an application involving an amendment of a scheme plan may be required to be made within a specified period after endorsement of the scheme plan by the Planning Commission.

(1) On registration of a freehold scheme —

(a) the title to the parcel of land that existed immediately before registration of the scheme ceases to exist; and

(b) the certificate of title for the parcel must be cancelled under the Transfer of Land Act 1893.

(2) On registration of a leasehold scheme —

(a) the fee simple of the parcel of land subdivided by the scheme is divided into the strata leases and a reversionary interest in the parcel that reverts to the owner of the leasehold scheme on the expiry or termination of the scheme; and

(b) the certificate of title for the parcel must be endorsed accordingly under the Transfer of Land Act 1893.

(3) On registration of a strata titles scheme or an amendment of a strata titles scheme to give effect to a subdivision of land —

(a) the relevant lots are created, cease to exist or are varied as required by the subdivision; and

(b) if a lot in a leasehold scheme ceases to exist, the strata lease for the lot is extinguished; and

(c) the relevant common property (if any) comes into existence, ceases to exist or is varied as required by the subdivision.

(4) A scheme document, or an amendment of a scheme document, has effect from when it is registered or recorded by the Registrar of Titles.

(1) To register a strata titles scheme or an amendment of a strata titles scheme, the Registrar of Titles must —

(a) allocate a reference number (being a unique series of numbers or letters or both numbers and letters) to the scheme; and

(b) register or record, in the manner that the Registrar considers appropriate for incorporation of the strata titles scheme in the Register under the Transfer of Land Act 1893, the scheme documents or amendments of the scheme documents (including, without limitation, by attaching the reference number of the scheme to the scheme plan); and

(c) as appropriate in the circumstances, register or record a disposition statement, transfers or other documents lodged with the application for registration in the manner that the Registrar considers appropriate for incorporation in the Register under the Transfer of Land Act 1893; and

(d) on registration of a strata titles scheme or an amendment of a strata titles scheme to give effect to a subdivision of land —

(i) ensure that there is a separate certificate of title registered under the Transfer of Land Act 1893 for each lot in the strata titles scheme; and

(ii) for a leasehold scheme, ensure that there is —

(I) a strata lease registered for each lot in the scheme; and

(II) a separate certificate of title registered under the Transfer of Land Act 1893 for the parcel;

and

(iii) create and register or cancel, or enter a memorial on, certificates of title as necessary for those purposes.

(2) A separate certificate of title is not to be created for common property or for a parcel subdivided by a freehold scheme.

(4) The Transfer of Land Act 1893 section 166 does not apply to a subdivision of land by a strata titles scheme.

(5) Without limiting how the Registrar of Titles incorporates material into the Register, an item will be taken to be registered or recorded for a strata titles scheme in the Register if it is registered or recorded on the scheme plan, a certificate of title for a lot in the scheme, a certificate of title for the parcel in a leasehold scheme, or on a separate record of information relating to the scheme.

Note for this subsection:

For example, an item may comprise an estate, interest, right, encumbrance, notification, memorial or caveat.

(1) The Registrar of Titles may, but is not obliged to, examine scheme by-laws lodged for registration for compliance with this Act.

(2) It must not be presumed that, because the Registrar of Titles has registered scheme by-laws, the by-laws are valid or enforceable.

(3) The State does not guarantee the validity or enforceability of scheme by-laws.

If a strata lease is re-entered by order of the Tribunal or under the leasehold by-laws (for non-payment of an amount for postponement of the expiry day) or a strata lease is otherwise surrendered to the owner of the leasehold scheme —

(a) the owner of the leasehold scheme must lodge with the Registrar of Titles notice in the approved form of that fact, together with, for re-entry, evidence in the approved form that the requirements of this Act have been met; and

(b) the Registrar of Titles must register the notice; and

(c) on registration of the notice —

(i) the Registrar must register the owner of the leasehold scheme as the owner of the lot; and

(ii) the owner of the leasehold scheme is entitled to vacant possession of the lot; and

(iii) the strata lease is otherwise unaffected.

(1) For each lot in a strata titles scheme there is an easement benefiting the lot —

(a) for the subjacent and lateral support of the lot —

(i) by every other lot in the scheme capable of affording support; and

(ii) by all the common property in the scheme capable of affording support;

and

(b) if the scheme is a strata scheme —

(i) for the support and shelter of the parts of a scheme building within the lot by every other part of the scheme building capable of affording support or shelter; and

(ii) for the projection of window sills, windows, window awnings, eaves, guttering and other minor parts of a scheme building within the lot.

(2) The easement entitles the owner of a lot benefited by the easement to examine, maintain, repair, modify and replace the support, shelter or projection to which the easement relates.

(3) The rights conferred by the easement must be exercised so as to minimise, as far as reasonably practicable, interference with the use and enjoyment of lots and common property in the strata titles scheme.

(4) For each lot in a strata titles scheme there is an easement burdening the lot —

(a) for the subjacent and lateral support of —

(i) every other lot in the scheme capable of enjoying support; and

(ii) all the common property in the scheme capable of enjoying support;

and

(b) if the scheme is a strata scheme —

(i) for the support and shelter by the parts of a scheme building within the lot of all other parts of the scheme building capable of enjoying support or shelter; and

(ii) for the projection over the lot by window sills, windows, window awnings, eaves, guttering and other minor parts of a scheme building within another lot or the common property.

(5) An owner or occupier of a lot must not do anything or permit anything to be done that would interfere with rights under the easement burdening the lot under this section.

(6) An easement under this section has effect even if the lot benefited and the lot burdened have the same owner.

(1) For common property in a strata titles scheme there is an easement benefiting the common property —

(a) for the subjacent and lateral support of the common property, by every lot in the strata titles scheme capable of affording support; and

(b) if the scheme is a strata scheme —

(i) for the support and shelter of the parts of a scheme building within the common property by every other part of the scheme building capable of affording support or shelter; and

(ii) for the projection of window sills, windows, window awnings, eaves, guttering and other minor parts of a scheme building within the common property.

(2) The easement entitles the strata company to examine, maintain, repair, modify and replace the support, shelter or projection to which the easement relates.

(3) The rights conferred by the easement must be exercised so as to minimise, as far as reasonably practicable, interference with the use and enjoyment of lots and common property in the strata titles scheme.

(4) For common property in a strata titles scheme there is an easement burdening the common property —

(a) for the subjacent and lateral support of every lot in the strata titles scheme capable of enjoying support; and

(b) if the scheme is a strata scheme —

(i) for the support and shelter by the parts of a scheme building within the common property of all other parts of the scheme building capable of enjoying support or shelter; and

(ii) for the projection over the common property by window sills, windows, window awnings, eaves, guttering and other minor parts of a scheme building within a lot.

(5) A strata company must not do anything or permit anything to be done that would interfere with rights under the easement burdening the common property under this section.

(1) An easement (a utility service easement) exists for the benefit and burden of each lot and the common property in a strata titles scheme to the extent reasonably required for the provision of utility services to each lot and the common property.

(2) A utility service easement entitles the strata company, and the owner of a lot, in the strata titles scheme —

(a) to install and remove utility conduits; and

(b) to examine, maintain, repair, modify and replace utility conduits.

(3) The rights conferred by a utility service easement must be exercised so as to minimise, as far as reasonably practicable, interference with the use and enjoyment of lots and common property in the strata titles scheme.

(4) A strata company must not interfere or permit interference with utility conduits or a utility service provided by means of utility conduits in a way that may prejudice the use or enjoyment of a lot or the common property, other than —

(a) in the reasonable exercise of rights under a utility service easement of which it has the benefit; or

(b) in the performance of its function of controlling and managing common property in the scheme.

(5) An owner or occupier of a lot must not, either within or outside the lot, interfere or permit interference with utility conduits or a utility service provided by means of utility conduits in a way that may prejudice the use or enjoyment of another lot or the common property in the strata titles scheme, other than in the reasonable exercise of rights under a utility service easement.

(6) A utility service easement has effect even if the lot benefited and the lot burdened have the same owner.

(7) In any dispute about the location of utility conduits under a utility service easement, the objective must be to resolve the matter fairly taking into account the options that are reasonably available to give effect to the easement.

(8) If, in the course of exercising rights under a utility service easement, the owner of a lot comes into possession of documents specifying the location of utility conduits or other information relating to utility conduits that ought reasonably to be kept by the strata company, the owner of the lot must ensure that the documents are provided to the strata company.

(9) If, in the course of exercising rights under a utility service easement, the strata company comes into possession of documents specifying the location of utility conduits or other information relating to utility conduits that ought reasonably to be kept by the strata company, the strata company must keep the documents.

(1) This section applies if —

(a) a strata company has entered into a contract (an infrastructure contract) with a person under which the person owns and operates utility infrastructure or sustainability infrastructure on common property in the strata titles scheme; and

(b) this section is applied to the infrastructure contract by ordinary resolution of the strata company.

(2) An infrastructure contract must —

(a) specify the common property over which there is an easement under this section; and

(b) specify the infrastructure to which the easement applies.

(3) The person (the infrastructure owner) who, from time to time, owns the infrastructure the subject of an infrastructure contract has an easement over the common property specified in the infrastructure contract that entitles the infrastructure owner —

(a) to install and remove the infrastructure specified in the contract; and

(b) to operate that infrastructure; and

(c) to examine, maintain, repair, modify and replace that infrastructure.

(4) The easement is subject to any conditions set out in the infrastructure contract (as in force from time to time).

(5) The infrastructure contract may be varied by agreement between the strata company and the person who is the infrastructure owner from time to time.

(6) The easement ceases to exist if the infrastructure contract is terminated or otherwise ceases to have effect.

(7) The rights conferred by the easement must be exercised so as to minimise, as far as reasonably practicable, interference with the enjoyment and use of the common property.

(8) The regulations may —

(a) specify special procedures for notice or voting on the resolution required for the application of this section; and

(b) set out terms and conditions that are to be taken to be implied in an infrastructure contract; and

(c) otherwise regulate the rights and obligations of the strata company and the infrastructure owner.

(1) A strata company has a right to enter the common property of its strata titles scheme to exercise its rights under a statutory easement without notice to any person.

(2) If a person needs to enter a lot or common property in order to exercise rights under a statutory easement (other than as set out in subsection (1)), the person must give notice —

(a) for entry to a lot — to the occupier of the lot; and

(b) for entry to common property other than special common property — to the strata company for the strata titles scheme; and

(c) for special common property — to the occupiers of the special lots who have exclusive use and enjoyment of, or special privileges over, the special common property under exclusive use by-laws.

(3) Notice is unnecessary—

(a) in an emergency if there is insufficient time to give notice; or

(b) for entry to a lot, if the occupier of the lot dispenses with the requirement for notice; or

(c) for entry to common property other than special common property if —

(i) the person has the right to enter and enters only for the purposes of inspection; or

(ii) the strata company dispenses with the requirement for notice;

or

(d) for entry to special common property — if the requirement for notice is dispensed with by the occupiers of the special lots.

(4) Notice must be given in the approved form.

(5) The length of the notice must be at least —

(a) for entry by a strata company — 7 days unless a shorter period is agreed to by the occupier of the lot; and

(b) in any other case — 28 days unless a shorter period is agreed to by the occupier of the lot or strata company, as the case requires.

(6) If notice is not given (in an emergency) or the period of the notice has expired and it is not possible for the person, or a person acting on behalf of the person, to gain entry without using force, the person wishing to enter may use such force as is reasonable in the circumstances.

(7) Rights of entry under a statutory easement include rights of entry by the person’s agents, employees and contractors, with vehicles, equipment, materials and other items as reasonably necessary for the purpose of exercising rights under the easement.

(1) Any damage caused to a lot or common property in the course of exercising rights under a statutory easement must be repaired and made good as soon as practicable by the person exercising those rights.

(2) Subsection (1) does not apply to the extent that the damage was the result of an unreasonable act or omission on the part of the owner of the lot damaged or, in the case of damage to the common property, on the part of the strata company.

Note for this Division:

Schedule 2A sets out an additional statutory easement for single tier strata schemes.

(1) Within 28 days after the registration of a scheme plan or an amendment of a scheme plan under this Act the Registrar of Titles must deliver a copy of the plan to —

(a) the Valuer-General; and

(b) each local government and other authority that appears to the Registrar to be authorised to levy rates or taxes in respect of the parcel or part of the parcel.

(3) A copy of a plan or amended plan delivered under this section must be in such form as the Registrar considers appropriate.

For the making, levying, imposing, assessing or recovery of rates, charges or taxes in respect of a parcel or part of a parcel —

(a) the particulars shown in the copy of the scheme plan or amended plan delivered as required by section 67, is conclusive evidence of those particulars; and

(b) the production by a local government or any other authority authorised to levy rates and taxes in relation to the parcel or any part of the parcel of what purports to be the copy of the plan or amended plan so delivered is evidence that it is the copy so delivered.

(1) If the Valuer-General values the unimproved value of a parcel subdivided by a strata scheme under the Valuation of Land Act 1978 for rating and taxing purposes, the parcel must, despite that or any other Act, be valued as a single parcel of land and as if it were owned by a single owner.

(2) For the purposes of any such valuation as is referred to in subsection (1) and all purposes incidental to the valuation, including objection to and review of the valuation, but not otherwise, the parcel and improvements on the parcel are taken to be owned by the strata company only.

(3) During the period from the registration of the strata scheme and until a valuation of the parcel on the basis that the strata company is owner comes into force under the Valuation of Land Act 1978, the valuation then in force is taken, for the purposes of this section, to be a valuation of the parcel made by the Valuer-General as if the strata company is owner.

(4) Subject to subsection (5), if a local government or other authority (the rating authority) authorised to make and levy rates on the parcel, uses a valuation of the unimproved value of the parcel made by the Valuer-General on the basis that the strata company is owner, the following provisions have effect —

(a) the unimproved value of the parcel shown in the valuation must be apportioned by the local government or the rating authority, as the case may be, between the lots comprised in the parcel in proportion to the unit entitlements of the respective lots in the strata scheme;

(b) the strata company is not liable in relation to the parcel for any rate made and levied by the local government or the rating authority, as the case may be;

(c) the owner of each lot comprised in the parcel is taken to be the owner in fee simple in possession of the lot as if it were a separate parcel of land having a value equal to that apportioned to it under paragraph (a) and is, subject to any exemptions or concessions that may be applicable, liable accordingly for any rate made and levied by the local government or the rating authority, as the case may be, on the owners of land.

(5) If —

(a) part only of a lot is liable to any rate, that rate must be made and levied on an amount that bears the same proportion to the value of the lot as the rental value of the part so liable bears to the rental value of the lot; and

(b) part of a parcel is rateable in respect of water, sewerage or drainage services, then the rateable value of that part is to be the value of the parcel after deducting the value of any lot assessed and rated separately and in which the water, sewerage or drainage service, as the case may be, is exclusively for the use and benefit of the lot.

(1) This section applies to the determination of the unimproved value of land in a survey-strata scheme by the Valuer-General under the Valuation of Land Act 1978 for rating and taxing purposes.

(2) Each lot in a survey-strata scheme must be valued as a separate parcel of land and the strata company is not liable for a rate made and levied by the local government or the rating authority, as the case may be, in respect of the lot.

(3) In valuing a lot in a survey-strata scheme the Valuer-General must take into account benefits and disadvantages applicable to the lot as part of a survey-strata scheme.

(4) If part only of a lot is liable to a rate, that rate must be made and levied on an amount that bears the same proportion to the value of the lot as the rental value of the part so liable bears to the rental value of the lot.

(1) If the Valuer-General values the gross rental value of a parcel under the Valuation of Land Act 1978 for rating and taxing purposes, each lot of the parcel must, despite that or any other Act, be valued separately as a single lot.

(2) Subject to subsection (3), if a local government or other authority (the rating authority) authorised to make and levy rates on the parcel uses a valuation of the gross rental value of the lots of the parcel —

(a) the strata company is not liable in relation to the parcel or any lot for a rate made and levied by the local government or the rating authority, as the case may be; and

(b) the owner of each lot comprised in the parcel is, subject to any exemptions or concession that may be applicable, liable for a rate made and levied by the rating authority.

(3) If part only of a lot is liable to a rate, that rate must be made and levied on an amount that bears the same proportion to the value of the lot as the rental value of the part so liable bears to the rental value of the lot.

(1) Despite section 69(2) and without prejudice to the rights of objection and review conferred on the strata company, if the Valuer-General values the unimproved value of a parcel under the Valuation of Land Act 1978 for rating and taxing purposes, each owner of a lot within the parcel is entitled to object to and seek a review of the valuation of the parcel in accordance with Part IV of the Valuation of Land Act 1978 as if that owner were a person liable to pay a rate or tax assessed in respect of the parcel.

(2) On receiving an objection to the valuation of a parcel made by the owner of a lot within the parcel under subsection (1), the Valuer-General —

(a) must inform the strata company of the objection and the grounds on which it has been made; and

(b) may consolidate the objection with any other objection made in respect of the same valuation of that parcel and may deal with the objections together.

For all purposes in relation to the imposition, assessment or recovery of land tax or metropolitan region improvement tax in respect of a parcel subdivided by a strata scheme, the following provisions have effect —

(a) the unimproved value of the parcel shown in the valuation must be apportioned by the Commissioner of State Revenue between the lots comprised in the parcel in proportion to the unit entitlements of the respective lots;

(b) the strata company is not liable in respect of the parcel for land tax or metropolitan region improvement tax;

(c) for the purposes of the Land Tax Assessment Act 2002 and the Planning and Development Act 2005, and subject to any concessions or exemptions that may be applicable, each lot is taken to be a separate parcel of land with an unimproved value equal to that apportioned to it under paragraph (a).

(1) This section applies to the imposition, assessment or recovery of land tax or metropolitan region improvement tax under the Land Tax Assessment Act 2002 and the Planning and Development Act 2005 in respect of the land in a survey-strata scheme.

(2) For the purposes referred to in subsection (1) —

(a) each lot must be treated as a separate parcel of land, with an unimproved value as determined under section 70, but subject to any concessions or exemptions that may be applicable; and

(b) the strata company is not liable for land tax or metropolitan region improvement tax in respect of the lot.

[(c) deleted]

If, in relation to a strata titles scheme, an authority (including a licensee within the meaning given in the Water Services Act 2012 section 3(1)) provides 1 water supply connection to the parcel and the quantity of water used by each lot is not measured, the charges that may become payable according to the quantity of water used are payable by and may be recovered by the authority from the strata company.

For the purposes of this Division —

(a) a statutory water service charge (within the meaning given in the Water Services Act 2012 section 71(1)) that applies in respect of land is taken to be a rate made and levied by an authority (that is, the licensee to whom the charge is payable); and

(b) the licensee is taken to be an authority authorised to make and levy the rate on the land.