4Division of land by strata plan

4 Division of land by strata plan

(1)  Land under the Land Titles Act 1980 may be divided into lots and common property by registering a strata plan as provided in this Part.

(2)  The land to be divided by a strata plan must consist of the whole of the land comprised in one or more folios of the Register.

(3)  If the land to be divided by a strata plan consists of the land comprised in 2 or more folios of the Register –

(a) an adhesion order under section 110 of the Local Government (Building and Miscellaneous Provisions) Act 1993 is not necessary before registration of the strata plan; and

(b) the registration of the strata plan effects any necessary consolidation of the land.

(4)  Land may be divided both vertically and horizontally under this Act but vertical division of land into strata is not a necessary feature of a division of land by strata plan.

(5)  [Section 4 Subsection (5) substituted by No. 33 of 2006, s. 6, Applied:18 Dec 2006] A lot may be created entirely on one level or partially on one level and partially on another or others.

(6)  [Section 4 Subsection (6) inserted by No. 10 of 2000, s. 21, Applied:28 Apr 2000] Where the use for which a lot is intended is shown expressly or by necessary implication on or by a scheme, an owner must not use his or her lot otherwise, or permit it to be so used.