NSWIn ForceAct
Strata Schemes Development Act 2015
13Subdivision of lots and common property
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#### 13 Subdivision of lots and common property
13 Subdivision of lots and common property
> > (1) A lot or common property may be subdivided by the registration of a plan as a strata plan of subdivision.
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> > (2) In subsection (1)—
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> > common property does not include common property the subject of an accepted lease or sublease.
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> > lot does not include a development lot.
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> > (3) The plan must—
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> > > (a) include a location plan (if required by the Registrar-General), a floor plan and an administration sheet, and
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> > > (b) if the plan is for a leasehold strata scheme—be accompanied by the replacement leases for the plan.
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> > (4) If land comprised in the plan is held by the original owner of the strata scheme, the plan must not be registered unless—
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> > > (a) the initial period has expired, or
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> > > (b) the original owner owns all lots in the scheme, or
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> > > (c) an order has been made under section 27 of the [Strata Schemes Management Act 2015](/view/html/inforce/current/act-2015-050) authorising the registration of the plan.
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> > (5) If the proposed strata plan of subdivision is intended to subdivide common property to which a common property rights by-law relates, the by-law must be repealed or amended so it does not relate to the common property intended to be subdivided.
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> > (6) The administration sheet for the plan must include the following—
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> > > (a) a proposed schedule of unit entitlement relating to the strata scheme that complies with clause 3 or 4 of Schedule 2,
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> > > (b) a strata certificate for the proposed strata plan of subdivision,
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> > > (c) a surveyor’s certificate for the proposed strata plan of subdivision,
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> > > (d) a valuer’s certificate for the proposed schedule of unit entitlement,
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> > > (e) any other information or document prescribed by the regulations.
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> > Note.
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> > Subsection (6) (b) does not apply to a plan lodged by the Crown. See section 199 (2).