62Issue of strata certificates relating to encroachments

#### 62 Issue of strata certificates relating to encroachments 62 Issue of strata certificates relating to encroachments > > (1) This section applies to a proposed strata plan or strata plan of subdivision if a building to which the plan relates encroaches on a public place. > > > (2) A local council may refuse to issue a strata certificate for the plan unless— > > > > > (a) the plan clearly indicates the existence, nature and extent of the encroachment, and > > > > > (b) the council is satisfied that retention of the encroachment in its existing state will not endanger public safety or unreasonably interfere with the amenity of the neighbourhood. > > > (3) A registered certifier must refuse to issue a strata certificate for the plan unless— > > > > > (a) the plan clearly indicates the existence, nature and extent of the encroachment, and > > > > > (b) either— > > > > > > > (i) the building complies with a relevant planning approval in force in relation to the building with the encroachment, or > > > > > > > (ii) a relevant planning approval in force in relation to the subdivision the subject of the plan specifies the existence of the encroachment. > > > (4) A strata certificate for the plan issued by a local council must refer to the existence of the encroachment and indicate that the local council does not object to the encroachment. > > > (5) A strata certificate for the plan issued by a registered certifier must refer to the existence of the encroachment and indicate that— > > > > > (a) the local council has granted a relevant planning approval that is in force for the building with the encroachment, or > > > > > (b) the local council has granted a relevant planning approval that is in force for the subdivision the subject of the plan specifying the existence of the encroachment. > > **s 62:** Am 2018 No 63, Sch 3.13\[3\] \[4\].