Strata Titles Act 1985

The title to the land comprised in a lot is referred to as a strata title.

A certificate of title must be created and registered for each strata title under the Transfer of Land Act 1893.

For a leasehold scheme, the existence of the scheme and its expiry day must be endorsed on the certificate of title for each strata title for a lot in the scheme.

On registration of a strata titles scheme or an amendment of a strata titles scheme to give effect to a subdivision of land, strata titles come into existence, cease to exist or are varied as necessary to ensure that —

there is 1 strata title registered for each lot in the scheme or the scheme as amended; and

the strata title for a lot confers the rights on the owner of the lot as set out in this section.

When a new lot is created and a strata title comes into existence, it vests as follows —

in the case of a parcel of land that is being subdivided, in the person who is, immediately before the new lot is created, the registered proprietor of the land under the Transfer of Land Act 1893;

in the case of a lot that is being subdivided, in the person who is, immediately before the new lot is created, the owner of that lot;

in the case of common property that is being subdivided, in the persons who are, immediately before the new lot is created, the owners of lots in the strata titles scheme as tenants in common in shares proportional to the unit entitlements of their respective lots.

If a lot that is created vests in 2 or more persons, they hold their share in the lot as tenants in common or as joint tenants in the same manner as they owned the land or lot and, if they owned it as tenants in common, in the same proportions as they owned the land or lot.

When a strata title for a lot in a freehold scheme comes into existence it confers on the owner of the lot —

rights as the proprietor of a fee simple estate in the lot under the Transfer of Land Act 1893; and

an undivided share of the fee simple estate in the common property (other than temporary common property) as a tenant in common with the other owners of lots in the scheme, proportional to the unit entitlements of their respective lots; and

an undivided share of the temporary common property as a tenant in common with the other owners of lots in the scheme, proportional to the unit entitlements of their respective lots.

When a strata title for a lot in a leasehold scheme comes into existence it confers on the owner of the lot, subject to Part 4 Division 5 —

rights as the proprietor of a strata leasehold estate in the lot under the Transfer of Land Act 1893; and

an undivided share of the strata leasehold estate in the common property as a tenant in common with the other owners of lots in the scheme, proportional to the unit entitlements of their respective lots; and

an undivided share of the temporary common property as a tenant in common with the other owners of lots in the scheme, proportional to the unit entitlements of their respective lots.

The owner of a lot cannot separately deal with or dispose of the owner’s share in the common property of the strata titles scheme.

A dealing under the Transfer of Land Act 1893 affecting the owner’s interest in a lot affects, without express reference, the owner’s interest in the common property in the same manner and to the same extent.

A strata title is subject to interests registered or recorded under the Transfer of Land Act 1893 to the extent that they affect the lot or common property to which the strata title relates.

The owner of a lot in a leasehold scheme cannot deal with the strata lease separately from the strata title.