39
In forceEncroachments shown on plans
Part 2Creation of lots and common property in strata schemes
Division 7Miscellaneous
39 Encroachments shown on plans
(1)
If an encroachment is shown on a proposed strata plan, strata plan of subdivision or building alteration plan, this Act applies to the encroachment—
(a)
to the extent it is designated for use with a lot—as if it were part of the lot, or
(b)
otherwise—as if it were common property.
(2)
However, this section does not apply to a provision of this Act relating to ownership and certification of title.
This Act’s bill:Explanatory memorandumSecond reading speech
Research tools for this sectionSubscription
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.