Lots — strata schemes and survey‑strata schemes
9 Lots — strata schemes and survey‑strata schemes
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.]
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