1Short title
This Act may be cited as the Strata Titles Act 1985.
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Explanatory material and speeches for the bills of later Acts that amended this Act, newest first. They explain the amendment, not necessarily the provision you are reading.
This Act may be cited as the Strata Titles Act 1985.
This Act shall come into operation on a day to be fixed by proclamation.
2. Re‑subdivision of a lot or common property was defined in section 3(5) of the Act as in force immediately before the Strata Titles Amendment Act 2018 to include the alteration of the boundaries of —
unanimous resolution of a strata company — see section 123;
unit entitlement of a lot — see section 37(1)(a);
utility conduit means a conduit for the provision of a utility service (including pipes, wires, cables and ducts);
utility infrastructure means infrastructure and equipment necessary for, or related to, the provision of a utility service;
utility service means —
the collection and passage of stormwater; or
the supply of water for drinking or any other use; or
a sewerage and drainage service; or
a garbage collection service; or
a gas, electricity or air service, including air conditioning and heating; or
a communication or data service, including telephone, radio, television and internet; or
a service classified by the regulations as a utility service; or
another like service;
utility service easement means an easement under section 63;
vacant lot means a lot that is wholly unimproved apart from having merged improvements within the meaning given in the Valuation of Land Act 1978 section 4(1);
volunteer strata manager means a strata manager of a strata company who —
is the owner of a lot in the strata titles scheme; and
does not receive any fee, reward or benefit for work performed as a strata manager other than an honorary fee or reward not exceeding, if an amount is fixed by the regulations, that amount; and
personally performs the work of the strata manager;
wall includes a door, window or other structure dividing a lot in a strata titles scheme from common property or from another lot in the scheme;
working day means a day other than a Saturday, a Sunday or a public holiday throughout the State.
The boundaries of a cubic space referred to in paragraph (a) of the definition of floor plan in subsection (1) —
except as provided in paragraph (b) —
are in the case of a vertical boundary, if the base of a wall corresponds substantially with a line referred to in paragraph (a) of that definition — the inner surface of that wall; and
are, in the case of a horizontal boundary, if a floor or ceiling joins a vertical boundary of that cubic space — the upper surface of that floor and the under surface of that ceiling;
or
are such boundaries as are described on a sheet of the floor plan relating to that cubic space (those boundaries being described in the manner required by the regulations by reference to a wall, floor or ceiling in a building to which that plan relates or to structural cubic space within that building).
Note for this subsection:
Schedule 2A provides for a special rule about lot boundaries for single tier strata schemes.
Despite subsection (2), if —
a strata plan creates a boundary external to a building; or
other circumstances specified in the regulations apply,
the floor plan may include dimensions or survey information defining that boundary, in the manner required by the regulations, by reference to the parcel boundary.
A reference in this Act to cubic space includes a reference to space contained in any three‑dimensional geometric figure which is not a cube.
The fact that any boundary is defined in a plan in terms of or by reference to —
a wall that is not vertical; or
a floor or ceiling that is not horizontal,
does not prevent that plan from being a floor plan.
[(5) deleted]
Except in so far as the context or subject‑matter otherwise indicates or requires, it is a sufficient compliance with any provision of this Act requiring an instrument to be accompanied by another instrument if that other instrument is endorsed on the first‑mentioned instrument.
An amendment of a strata titles scheme affects the common property or a lot in the scheme as follows —
an amendment affects the common property to the extent that it involves an amendment of the scheme plan that —
modifies the common property; or
creates or discharges an easement or restrictive covenant that benefits or burdens the common property;
an amendment affects a lot to the extent that it involves an amendment of the scheme plan that —
modifies the definition of boundaries of the lot; or
creates or discharges an easement or restrictive covenant that benefits or burdens the lot;
an amendment affects a lot to the extent that it involves an amendment of the schedule of unit entitlements for the scheme that modifies the unit entitlement of the lot.
[Section 3 amended: No. 84 of 1994 s. 46(12); No. 58 of 1995 s. 5 2, 95 and 96; No. 14 of 1996 s. 4; No. 61 of 1996 s. 4 and 5; No. 79 of 1996 s. 28; No. 81 of 1996 s. 153(1); No. 74 of 2003 s. 112(2), (3); No. 55 of 2004 s. 1107 and 1156(1); No. 38 of 2005 s. 15; No. 60 of 2006 s. 160(2); No. 30 of 2018 s. 7; No. 9 of 2022 s. 405.]
[Former sections 3A and 3AB redesignated as clauses 3A and 3AB and relocated to Schedule 2A Part 2: No. 30 of 2018 s. 117.]
[3AC-3D. Deleted: No. 30 of 2018 s. 82(b).]
A note or example set out at the foot of a provision of this Act is provided to assist understanding and does not form part of this Act.
[Section 4 inserted: No. 30 of 2018 s. 83.]
This Act binds the Crown in right of Western Australia and, so far as the legislative power of the Parliament permits, the Crown in all its other capacities.
[Section 5 inserted: No. 30 of 2018 s. 83.]
[5A-5H. Deleted: No. 30 of 2018 s. 82(b).]
This Act provides for a form of subdivision of land referred to as subdivision by a strata titles scheme, and sets out requirements for that form of subdivision.
Relevant planning approvals must be obtained for the subdivision of land by a strata titles scheme under this Act or the Planning and Development Act 2005.
A strata titles scheme is to be incorporated in the Register, and certificates of title for lots in the scheme are to be created for strata titles, under the Transfer of Land Act 1893.
Consequently, this Act must be read together with the Planning and Development Act 2005 and the Transfer of Land Act 1893 to gain a proper understanding of the legislative framework for the subdivision of land by a strata titles scheme.
This Act also contains provisions about the governance and operation of strata titles schemes and about strata managers.
[Section 6 inserted: No. 30 of 2018 s. 83.]
[6A. Deleted: No. 30 of 2018 s. 82(b).]
A strata titles scheme is a scheme for the creation of strata titles on registration of the scheme so as to —
effect a physical division of a parcel of land into —
2 or more lots; or
2 or more lots and common property;
and
allow for the lots to be owned and sold or otherwise dealt with separately; and
require the common property to be administered by a strata company that comes into existence under this Act on registration of the strata titles scheme; and
limit how the common property may be dealt with.
[Section 7 inserted: No. 30 of 2018 s. 83.]
[Former section 7 renumbered as section 87 and relocated to Part 7 Division 2: No. 30 of 2018 s. 84.]
[7A. Deleted: No. 30 of 2018 s. 82(b).]
[Former section 7B renumbered as section 89 and relocated to Part 7 Division 2: No. 30 of 2018 s. 84.]
A strata titles scheme may be —
a freehold scheme; or
a leasehold scheme.
Note for this section:
All schemes created under this Act before the commencement of the Strata Titles Amendment Act 2018 are freehold schemes.
In a freehold scheme —
there is no separate title for the parcel subdivided by the scheme; and
each lot is a freehold lot; and
the parcel cannot be dealt with (including by registration of a mortgage) or disposed of under the Transfer of Land Act 1893.
In a leasehold scheme —
there is a separate title for the parcel subdivided by the scheme; and
each lot in the scheme is a leasehold lot subject to a strata lease; and
the scheme expires on a specified day (the expiry day for the scheme); and
the expiry day must be a day that is —
at least 20 years (or, if some other period is specified in the regulations, that period) after registration of the scheme; and
not more than 99 years after registration of the scheme;
and
the expiry day will be specified in the scheme notice; and
within the parameters set out in paragraph (d)(ii), leasehold by‑laws for the scheme may provide for postponement of the expiry day; and
if leasehold by‑laws provide for postponement of the expiry day, the expiry day may be postponed if the postponement is within the parameters set out in paragraph (d)(ii) and is supported by a resolution under section 41; and
the expiry day is postponed when an amendment of the scheme notice is registered giving effect to the postponement; and
the registered proprietor of the parcel (the owner of the leasehold scheme) is entitled to the reversion in the land on the expiry or termination of the scheme; and
the existence of the leasehold scheme and its expiry day must be endorsed on the certificate of title for the parcel; and
the owner of the leasehold scheme is the lessor and the owner of a lot in the scheme is the lessee under the strata lease for the lot; and
the owner of the leasehold scheme may be the owner of a lot in the scheme despite any law relating to the merger of leasehold and reversionary estates in land; and
the owner of the leasehold scheme cannot separately deal with or dispose of the reversion in a lot or the common property of the strata titles scheme; and
the reversion in the parcel can be transferred, disposed of or mortgaged as a whole, and a memorial or property seizure sale order can be made in relation to the reversion of the parcel as a whole under the Transfer of Land Act 1893, but no other dealings can be registered under that Act against the reversion in the parcel.
Note for this subsection:
For the scheme notice, see section 29. For leasehold by‑laws, see section 40.
[Section 8 inserted: No. 30 of 2018 s. 83.]
[8A-8C. Deleted: No. 30 of 2018 s. 82(b).]
The boundaries of lots in a strata titles scheme are defined on the scheme plan for the strata titles scheme.
A lot can be comprised of non‑contiguous parts defined on the scheme plan for the strata titles scheme.
Example for this subsection:
The non‑contiguous parts may be to allow for a separate car parking space or shed to be part of the lot.
The way in which the boundaries of lots are defined on the scheme plan for a strata titles scheme determines whether the scheme is a strata scheme or a survey‑strata scheme.
The way in which the boundaries of a lot in a strata scheme are defined on the scheme plan must be as set out in the definition of lot in a strata scheme in section 3(1) and in section 3(2) to (4).
Note for this subsection:
Schedule 2A provides for a special rule for how lots may be defined in a single tier strata scheme.
The way in which the boundaries of a lot in a survey‑strata scheme are defined on the scheme plan must be as set out in the definition of lot in a survey‑strata scheme in section 3(1).
A change in the definition of the boundaries of a lot does not, even if the lot is assigned a new identifying number, of itself affect —
for a leasehold scheme — the strata lease for the lot; or
for a leasehold or freehold scheme — any other item registered or recorded for the scheme in the Register.
Damage to, or destruction or removal of a wall, floor, ceiling or other structural element by reference to which a lot in a strata scheme is defined does not of itself affect the definition of the boundaries of the lot (which remain as defined on the scheme plan).
[Section 9 inserted: No. 30 of 2018 s. 83.]
The common property in a strata titles scheme is —
that part of the parcel of land subdivided by the strata titles scheme that does not form part of a lot in the strata titles scheme; and
temporary common property.
The common property includes, for a strata scheme, those parts of a scheme building that do not form part of a lot.
The common property does not include —
any land vested in the Crown under the Planning and Development Act 2005 section 152; or
any dedicated road under the Planning and Development Act 2005 section 168.
If a strata plan identifies an encroachment outside the parcel that is to be controlled and managed as common property, the encroachment is to be regarded, for this Act, as if it were common property.
[Section 10 inserted: No. 30 of 2018 s. 83.]
Land is subdivided by a strata titles scheme —
by registration of the scheme; or
by registration of an amendment of the scheme.
Registration of an amendment of a strata titles scheme gives effect to a subdivision if it —
effects a change to the definition of a lot in the scheme; or
effects a change to the boundary of the parcel of land subdivided by the scheme.
Note for this section:
2. Re‑subdivision of a lot or common property was defined in section 3(5) of the Act as in force immediately before the Strata Titles Amendment Act 2018 to include the alteration of the boundaries of —
3. Schedule 2A provides special provisions relating to subdivision in a single tier strata scheme.
[Section 11 inserted: No. 30 of 2018 s. 83.]
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