39Encroachments shown on plans

39 Encroachments shown on plans

39 Encroachments shown on plans

(1) If an encroachment is shown on a proposed strata plan, strata plan of subdivision or building alteration plan, this Act applies to the encroachment—

(a) to the extent it is designated for use with a lot—as if it were part of the lot, or

(b) otherwise—as if it were common property.

(2) However, this section does not apply to a provision of this Act relating to ownership and certification of title.