Div 1The strata plan

Division 1—The strata plan 5—Nature of strata plan and requirements with which it must conform (1) A strata plan is a plan dividing land into— (a) units (of which there must be at least two); and (b) common property. (2) A strata plan must comprise the whole of one or more allotments. (3) A strata plan— (a) must define the units to be created by the plan in a manner that allows the boundaries of each unit to be ascertained; and (b) must assign to each unit a distinguishing number; and (c) must have annexed to it a schedule of unit entitlements in relation to the units; and (d) must delineate the boundaries of the land comprised in the plan; and (e) must delineate in relation to those boundaries the external lateral boundaries of all buildings on the land; and (f) must comply with any other requirements stipulated by the Registrar-General. (4) A unit— (a) must consist of, or include, the whole or a part of a building; (b) need not be wholly within one or more buildings; (c) may be below, on or above the surface of land; (d) may be wholly on one storey or level or partly on one storey or level and partly on another or others; (e) may include an area (a unit subsidiary)— (i) for the separate use of the occupier of the unit; and (ii) appurtenant to the portion of the unit designed for separate occupation. (5) Subject to any explicit statement to the contrary in a strata plan, the following principles apply to the definition of a unit by strata plan— (a) where a boundary is defined by reference to a wall or fence—the boundary is the inner surface of the wall or fence; (b) where a boundary is defined by reference to a floor—the boundary is the upper surface of the floor; (c) where a boundary is defined by reference to a ceiling or roof—the boundary is the under surface of the ceiling or roof. (6) The common property comprises— (a) any land or space that is not within a unit; (b) any pipe, cable, wire, duct or drain that is not for the exclusive use of a unit; (c) any structure that is not for the exclusive use of a unit installed before the deposit of the strata plan; (d) any structure installed by a strata corporation as part of the common property; (e) any other structure on the site committed to the care of a strata corporation as part of the common property. (7) Subject to any explicit statement to the contrary in the strata plan, a wall or fence between a building that forms part of a unit and a unit subsidiary to that unit is part of the common property. (8) The plan must conform with any requirements of the regulations as to the design of the strata scheme. 6—Unit entitlement (1) The unit entitlement of a unit is a number assigned to the unit that bears in relation to the aggregate unit entitlements of all of the units defined on the relevant strata plan (within a tolerance of ± 10 per cent) the same proportion that the capital value of the unit bears to the aggregate capital value of all of the units. (2) The unit entitlement of a unit must be expressed as a whole number. (3) The aggregate unit entitlements of all units defined on a strata plan must, if the regulations so provide, be a number fixed in the regulations.