Scheme plan
32 Scheme plan
A scheme plan for a strata titles scheme must —
specify the address of the land subdivided by the scheme; and
identify the title to the land subdivided by the scheme; and
specify whether the scheme is a strata scheme or a survey‑strata scheme; and
if it is a strata scheme — consist of a floor plan and a location plan; and
if it is a survey‑strata scheme — consist of a survey plan of the land subdivided by the scheme prepared in accordance with the regulations; and
enable each lot in the scheme to be separately identified and located; and
define the boundaries of each lot in the manner required under section 9 depending on whether the scheme is a strata scheme or survey‑strata scheme; and
if land is or is to be vested in the Crown under the Planning and Development Act 2005 section 152, delineate that land; and
delineate areas that are roads, or are to be new roads, for the Planning and Development Act 2005 section 168; and
if it is a strata scheme, identify the nature and extent of any part of a wall or building or material attached to a wall or building that encroaches on land outside the parcel and —
if an encroachment is to be controlled and managed as if it were common property, specify that fact; and
if an encroachment is to be subject to an easement, specify that easement.
A scheme plan, or an amendment of a scheme plan, for a strata titles scheme may also —
restrict the purposes for which the whole or a part of the parcel may be used (a restricted use condition); and
in the case of an amendment —
describe, by reference to a lease accepted by the strata company under section 92, land that is temporary common property in the scheme; and
delete land from the description of temporary common property by referring to the surrender by the strata company of the lease of the land under section 92;
and
delineate or record easements (other than statutory easements) and restrictive covenants over the land subdivided by the scheme, including —
short form easements or restrictive covenants; and
easements created under the Planning and Development Act 2005 section 167; and
easements and restrictive covenants created under the Transfer of Land Act 1893 Part IVA;
and
for a survey‑strata scheme, delineate different areas of common property and allocate a reference number (being a unique series of numbers or letters or both numbers and letters) to those areas.
A scheme plan, or an amendment of a scheme plan, for a strata titles scheme —
may consist of multiple plans, drawings and documents containing descriptions or other matters; and
must be in the approved form; and
must be prepared and certified by a licensed surveyor (except for an amendment that relates only to a restricted use condition or temporary common property and does not involve any aspect of survey).
A licensed surveyor must comply with the regulations and Transfer of Land Act requirements in preparing and certifying a scheme plan, or an amendment of a scheme plan, for a strata titles scheme.
[Section 32 inserted: No. 30 of 2018 s. 83.]
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