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](/view/html/inforce/current/act-1919-006) does not apply to a restriction referred to in subsection (1) or (2). > > **s 63:** Am 2018 No 63, Sch 3.13\[4\].