63Restriction on use of utility lot

63 Restriction on use of utility lot

63 Restriction on use of utility lot

(1) If the registration of a plan for which a strata certificate is sought from a local council would result in the creation of a utility lot, the council may impose a condition (a restrictive use condition) on the strata certificate restricting the use of the utility lot to use by an owner or occupier of a lot or proposed lot (other than a utility lot) in the strata scheme to which the plan relates.

(2) If—

(a) the registration of a plan for which a strata certificate is sought from a registered certifier would result in the creation of a utility lot, and

(b) the relevant planning approval contains a condition (also a restrictive use condition) restricting the use of the utility lot to use by an owner or occupier of a lot or proposed lot (other than a utility lot),

the certifier must note the restriction on the strata certificate.

(3) A restriction on use imposed or noted under subsection (1) or (2) must—

(a) designate each utility lot burdened by the restriction, and

(b) describe the restriction by reference to this section.

(4) Section 88 of the Conveyancing Act 1919 does not apply to a restriction referred to in subsection (1) or (2).

s 63: Am 2018 No 63, Sch 3.13[4].