Part 1
Preliminary
Part 1 — Preliminary
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Citation 1
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Commencement 1
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Terms used 1
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Notes and examples not part of regulations 3
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Western Australia regulation
What this instrument does (mechanically)
Updates and replaces the former Strata Titles General Regulations and sets detailed rules that operate under the Strata Titles Act 1985. It specifies required forms and procedures, survey and plan standards, how easements and restrictive covenants are recorded, staged‑subdivision rules, unit entitlement valuation rules, by‑law registration and enforcement, lease forms for leasehold strata, special rules for infrastructure on common property, records and reporting duties, and detailed processes for termination proposals (including funds for owners and protections for vulnerable persons). (See Parts 1–18 and Schedules.)
Introduces mandatory operational and professional requirements for strata managers: national criminal record checks; minimum professional indemnity insurance; prescribed educational and experience qualifications phased in by transitional provisions; trust account operation and annual returns. (Part 13: regs 90–102; transitional regs 181–183.)
Creates standard ‘short form’ easements and restrictive covenants with prescribed short descriptions and default rights/liabilities so they can be shown on scheme plans without bespoke long instruments. (Part 5: regs 22–47.)
Sets out a detailed termination proposal process that requires proponents to establish a trustee‑administered trust to fund independent advice/representation for owners, defines vulnerable person procedures, caps funding per lot and caps independent advocate fees, and prescribes voting/record handling. (Part 15: regs 107–142.)
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Direct links to the current provisions in Strata Titles (General) Regulations 2019.
Part 1 — Preliminary
Citation 1
Commencement 1
Terms used 1
Notes and examples not part of regulations 3
Part 2 — Further provisions relating to terms used in the Act
Requirements for approved form 4
Boundaries of cubic space 4
Calculation of open space 5
Calculation of plot ratio 6
Insurable asset 7
Key documents 7
Volunteer strata managers 8
Part 3 — Scheme plans
Additional requirements for lodgement and registration 9
Application of Survey Regulations to scheme plans 9
Surveyor’s certificate 10
Preparation and certification of scheme plans and amendments 11
Numbering of lots and common property 12
Part 4 — Planning and development
Matters to be considered on application for subdivision approval 14
Duration of subdivision approval 14
Exemptions from planning approval 15
Review of Planning Commission decision 16
Review of local government decision 16
Part 5 — Short form easements and restrictive covenants
Division 1 — Preliminary
Division 2 — Identification, location and nature
Permitted easements and short form descriptions 18
Location of easement area and identification of property affected 19
Permitted restrictive covenants and short form descriptions 20
Location of covenant area and identification of property affected 21
Benefit of short form easement or restrictive covenant need not attach to land 22
Short form easement or restrictive covenant binds strata company 22
Short form documents 22
Division 3 — Rights and liabilities under short form easements
General 23
Vehicle access easement 23
Light and air easement 25
Party wall easement 26
Intrusion easement 27
Pedestrian access easement 29
Easement in gross 30
Easement for utility services 31
Entry under easement 40
Rectification of damage 40
Indemnity payable by grantee 41
Payment of consideration 41
Division 4 — Rights and liabilities under short form restrictive covenants
General 42
Right of way restrictive covenant 42
Land use restrictive covenant 43
Conservation restrictive covenant 43
Building envelope restrictive covenant 44
Fire restrictive covenant 44
Part 6 — Staged subdivision
Terms used 45
Significant variations 45
Exemption for stage of subdivision with no significant variations 46
Persons entitled to dispute determination 47
Disputes about certified variations 48
Requirements relating to staged subdivision by‑laws 48
Part 7 — Schedule of unit entitlements
Determining capital value of a lot 51
Certificate by licensed valuer 52
Part 8 — Scheme by‑laws
Application for registration of scheme by‑laws 53
Enforcement of scheme by‑laws 53
Maximum penalty for contravention of scheme by‑laws 53
Part 9 — Strata leases
Relationship with other laws 54
Consent of owner to deal with or dispose of strata title 54
Requirements for strata lease 54
Covenants or conditions of strata lease that are allowed 55
Amendment of strata lease 56
Part 10 — Common property (utility and sustainability infrastructure) easements
Special procedures for notice under s. 64 57
Consent of strata company to development 57
Obligations of infrastructure owner 58
Rights of infrastructure owner 58
Disposal of lot by infrastructure owner 59
Strata company to be notified of certain actions 59
Insurance 60
Damage to common property 60
Removal of infrastructure after termination of contract 61
Part 11 — Lot owners and occupiers
Term used: structure 62
Grounds for refusal of structural alteration 62
Application for approval of structural alteration 62
Part 12 — Strata companies
Temporary common property 66
Requirement to have 10 year plan 66
Rate of interest on unpaid contributions 69
Designated strata company — extended meaning 70
Expenditure on common property requiring special resolution 70
Budget variations that are authorised 71
Expenditure subject to objection procedure 71
Period in which records must be retained 71
Form of records 74
Person with proper interest in information 74
Fees for applications under s. 107 74
Inspection of material 75
Maximum charge for copies of material 76
Voting 76
Part 13 — Strata managers
Terms used 77
Repair or maintenance work and specialist work excluded 80
Strata manager must obtain national criminal record checks 80
Strata manager must provide criminal record statement to strata company 82
Volunteer strata manager to table criminal record check 83
Prescribed educational qualifications 84
Strata manager must warrant prescribed educational qualifications are held 86
97A. Saving provision for former prescribed educational qualifications 87
97B. Prescribed experience qualifications 88
97C. Strata manager must warrant prescribed experience qualifications are satisfied 89
97D. 2025 transitional provision for prescribed experience qualifications 90
97E. 2025 transitional provisions for strata management contract requirements 91
Strata manager must obtain professional indemnity insurance 91
Strata manager must warrant professional indemnity insurance in contract 91
Disclosure of remuneration and other benefits 92
Operation of trust accounts 93
Strata manager to provide annual return 94
Part 14 — Protection of buyers
Further information to be provided 96
Information to be given before contract 96
Particulars of notifiable variation to be provided to buyer 97
Occurrence of notifiable variation 99
Part 15 — Termination proposals
Division 1 — Preliminary
Division 2 — Outline proposal
Details of arrangements for independent advice or representation 101
Additional information for outline proposal 102
Division 3 — Independent advocate
Level of independence of independent advocate 102
Qualifications of independent advocate 103
Assessment of proposal by independent advocate 104
Presentation by independent advocate 105
Maximum charge for exercise of primary functions 106
Division 4 — Full proposal
Tenants entitled to 5 year term 107
Person who can provide report of required works 107
Valuation methodology 108
Validity period of valuation 108
Preparation and certification of reports 108
Termination valuation report to be provided to Valuer‑General 108
Division 5 — Voting, confirmation and withdrawal
Notice of proposal to vote under s. 182 108
Independent vote counter 109
Provision of record of votes 110
Protection of record of votes (resolution subject to confirmation) 110
Material to accompany application by proponent for confirmation of termination resolution 111
Things strata company must provide to Tribunal 112
Notice of termination proposal not proceeding 112
Division 6 — Arrangements for independent advice or representation for owners
Proponent to establish trust 113
Stages of termination proposal process for funding purposes 114
Services for which funding is to be provided 114
Advisory services 115
Representation services 115
Ancillary services 116
Method of funding under trust 117
Amount of funding 117
Other rules about funding 119
Trustee of trust 120
Disputes about trustee’s performance 120
Trust account 121
Records 121
Privacy of information 122
Winding up of trust 123
Division 7 — Vulnerable persons
Identification of vulnerable persons 123
Diminished capacity to understand termination proposal process 124
Diminished capacity to cope with termination proposal process 125
Diminished capacity to respond to termination proposal process 125
Division 8 — Arrangements for recognition of vulnerable persons
Independent advocate to identify vulnerable persons to proponent 126
Owner of lot may apply to be recognised as vulnerable person 126
Proponent to make decision about claim of vulnerability 127
Trustee may require information about type of vulnerability 128
Dispute about proponent’s decision 128
Unanimous owner‑initiated termination proposals excluded 129
Division 9 — Provisions for unanimous owner‑initiated termination proposals
Unanimous owner‑initiated termination proposals 129
Permission to submit termination proposal as unanimous owner‑initiated termination proposal 130
Outline of proposal 130
Qualifications of independent advocate 132
Full proposal 132
Person who can provide report of required works 133
Arrangements for independent advice or representation for owners 133
Part 16 — Tribunal proceedings
Occupier disputes relating to termination proposals 135
Orders required to be made by legally qualified member 135
Internal review of Tribunal decisions 136
Part 17 — Miscellaneous
Expiry day for leasehold scheme in scheme notice 137
Postponement of expiry day for leasehold scheme 137
Variation of strata titles scheme — redefining plan 137
Notice of impending expiry of leasehold scheme 138
Conversion of tenancy in common to strata titles scheme — simplified procedure 139
Disposition statements 140
Fees payable to Registrar of Titles 143
Fees payable to local government 144
Fees payable to Planning Commission 146
Part 18 — Repeal, savings and transitional
Terms used 147
Strata Titles General Regulations 1996 repealed 147
Open space and plot ratio changes 148
Phasing‑in of financial year requirements 148
Scheme notice for strata titles schemes continued by 2018 amending Act 149
Applications lodged before commencement day 149
Staged subdivisions under pre‑commencement by‑laws 151
Requirement to have 10 year plan 152
Compulsory changes to scheme by‑laws 152
Phasing‑in of national criminal record check requirements 153
Phasing‑in of educational qualification requirements 154
182A. Transitional provision for Lands Regulations (Community and Strata Titles) Amendment Regulations (No. 3) 2024 156
Schedule 1 — Special provisions relating to single tier strata scheme
Term used: Schedule 2A 158
Application of Schedule 158
Permitted boundary deviation 158
Boundaries of cubic space — things that are included 158
Boundaries of cubic space — things that are excluded 159
Merger by resolution of buildings that are common property — sketch plan required 159
Merger by resolution of land that is common property — requirements for sketch plan 160
Merger by resolution of land that is common property — surveyor’s certificate 160
Merger by resolution of land that is common property — disposition statement 161
Conversion of strata scheme to survey‑strata scheme — survey‑strata plan 161
Conversion of strata scheme to survey‑strata scheme — certificate of interest holders 162
Conversion of strata scheme to survey‑strata scheme — certificate of licensed surveyor 162
Conversion of strata scheme to survey‑strata scheme — disposition statement 163
Action to be taken by Registrar of Titles 163
Insurance 164
Schedule 2 — Explanation of effect of section 47
Enforcement of scheme by‑laws 165
Who can apply for enforcement of scheme by‑laws 165
How this could affect you 165
Schedule 3 — Provisions to be included in strata lease
Division 1 — General
Preliminary 167
Terms used 167
Lease of the lot 167
Term of strata lease 167
Covenants or conditions of strata lease 168
Special provision for conditional tenure land 168
Services of notices under strata lease 168
Division 2 — Covenants or conditions
Term used: designated event 168
Compliance with legislation 169
Compliance with scheme by‑laws 169
Requirement to maintain lot 169
Requirement to notify lessor of structural damage 169
Payment of rates and charges 169
Discharge of mortgages and removal of caveats 170
Change in ownership details 170
Lease by lessee must be consistent with strata lease 170
Inspection of lot 171
Lessee to deliver vacant possession when leasehold scheme expires 171
Schedule 5 — Fees payable to Registrar of Titles
Sourced from the Western Australian Legislation website (legislation.wa.gov.au). Not the authorised version.
Western Australia
Strata Titles Act 1985
Strata Titles (General) Regulations 2019
Western Australia
Strata Titles (General) Regulations 2019
Contents
Part 1 — Preliminary
Citation 1
Commencement 1
Terms used 1
Notes and examples not part of regulations 3
Part 2 — Further provisions relating to terms used in the Act
Requirements for approved form 4
Boundaries of cubic space 4
Calculation of open space 5
Calculation of plot ratio 6
Insurable asset 7
Key documents 7
Volunteer strata managers 8
Part 3 — Scheme plans
Additional requirements for lodgement and registration 9
Application of Survey Regulations to scheme plans 9
Surveyor’s certificate 10
Preparation and certification of scheme plans and amendments 11
Numbering of lots and common property 12
Part 4 — Planning and development
Matters to be considered on application for subdivision approval 14
Duration of subdivision approval 14
Exemptions from planning approval 15
Review of Planning Commission decision 16
Review of local government decision 16
Part 5 — Short form easements and restrictive covenants
Division 1 — Preliminary
Division 2 — Identification, location and nature
Permitted easements and short form descriptions 18
Location of easement area and identification of property affected 19
Permitted restrictive covenants and short form descriptions 20
Requires designated strata companies to produce a 10‑year plan listing anticipated major maintenance/renewals and funding recommendations. (Reg 77.)
Prescribes fees to the Registrar of Titles, Planning Commission and local governments for plan lodgement, approvals and related services; fixes penalties and retention periods for records. (Parts 17–18; Schedules 5–6.)
Who it affects
Lot owners and occupiers: new disclosure obligations for sellers, clearer rules on structural alterations and on how easements/covenants work, access to funded independent advice in termination proposals, and procedural protections for vulnerable owners. (Parts 11, 14, 15.)
Strata companies and councils: new record‑keeping, by‑law registration requirements, obligation to adopt and act on the 10‑year plan, manage interactions with infrastructure owners, and comply with detailed disclosure/notice procedures. (Parts 7, 8, 10, 12, 17.)
Strata managers and their staff: criminal checks (every 3 years), minimum PII of $1,000,000, prescribed education/experience standards (phased in), annual returns and trust account rules. Volunteer strata managers are partly exempt. (Part 13: regs 92–101; transitional regs 181–183.)
Scheme developers and surveyors/valuers: tighter plan certification and staging rules; staged subdivision requires valuer/surveyor certificates when changes may materially affect unit entitlements; certified processes and timelines for registration. (Parts 3, 6, 48–53, 54–55.)
Infrastructure owners and utility providers: infrastructure contracts that use common property easements must meet specified notice, approval, maintenance, insurance and disposal obligations. (Part 10: regs 64–72.)
Local government and Planning Commission: clearer obligations for consultation, specified timeframes and fee schedules for subdivision approvals and plan endorsements. (Part 4; Schedules 6.)
Why it matters (official rationales and how those translate into incentives and trade‑offs)
Officially, the regulations aim to modernise technical requirements (plans, surveyor certificates), improve consumer protections (buyer disclosure, termination proposal funding, vulnerable person protections), and professionalise strata management (checks, education, PII) while clarifying infrastructure and easement arrangements.
Testing those claims against costs, incentives and risks:
Compliance and administrative costs: the regulations impose concrete new compliance costs on strata managers (criminal checks, training, ongoing PII and reporting — regs 92, 95, 98–102) and on strata companies (10‑year plan, retention of key documents, responding to termination proposals — regs 77, 83, 104, 128–141). These are direct costs paid by businesses (strata managers) or ultimately by owners through levies. (See regs 98, 77, 135.)
Concentrated benefits vs diffuse costs: developers and planning/public authorities gain clearer, simpler mechanisms to record easements and covenants (short form instruments, Part 5 regs 23–26), which reduces transaction drafting costs for them. The costs (administration, compliance, higher insurance and upskilling) are spread across many owners and managers. That creates an incentive for larger management firms to absorb compliance costs; small operators may face proportionally higher burdens.
Effects on markets and private choice: prescribed qualifications and PII increase professional standards and raise the cost of entry, which will tend to reduce the number of small or informal providers over time (subject to transitional exemptions for volunteers). This can increase prices for strata management services but also may improve reliability and reduce fiduciary risk. (Regs 95–99; transitional regs 182–183.)
Incentives in termination proposals: requiring proponents to fund independent advice and to establish trusts (Part 15 regs 128–142) shifts the direct cost of the termination consultation process to the proponent, reducing asymmetric information and increasing owners’ ability to obtain independent advice. The capped funding (guaranteed amounts per lot; reg 135) balances owner protection with limiting total cost exposure for proponents.
Implementation risks and bureaucratic discretion: many provisions leave specifics to the Registrar of Titles, Planning Commission or Tribunal (e.g. approved forms, certification standards, discretion to require replacement plans). That central discretion concentrates decision‑making and means outcomes may vary with administrative practice (regs 5, 13, 16, 165). Reliance on external professionals (licensed surveyors, valuers, independent advocates) makes successful implementation dependent on availability and independence of those professionals.
Compliance granularity and dispute risk: the regulations add many procedural and documentary requirements (notifications, time limits, retention periods, content of reports), which both reduce ambiguity and create additional grounds for disputes and tribunal applications if forms or timings are not strictly followed. (Examples: staged subdivision notices, reg 50; voting records and sealed record regime, regs 121–124.)
Who pays; who decides; likely behaviour changes (plain statements)
Who pays: proponents of termination proposals fund owner advice trusts (Part 15 regs 128–142); strata managers bear costs of PII, criminal checks and training (Part 13 regs 92–99); strata companies and owners bear costs of 10‑year planning, record‑keeping and works approved by resolutions (reg 77 and regs 80–82); applicants pay lodgement/approval fees (Schedules 5–6). Local governments recover application processing costs as staff hours + overheads (reg 170).
Who decides: the Registrar of Titles approves forms and may require plan amendments (regs 5, 12–16); the Planning Commission and local government approve subdivision/plans and consult on relevant matters (Part 4); licensed surveyors and valuers make technical determinations about subdivisions and unit entitlements (Parts 3, 6, 7); the Tribunal decides disputes and confirms termination resolutions (Parts 15, 16).
Behaviour changes likely: strata managers will formalise compliance (criminal checks, training, insurance); developers will use short form easements/covenants to simplify plan registration; owners and strata companies will build longer‑term funding forecasts and asset plans (10‑year plan); proponents of termination proposals will factor trust funding caps and timing requirements into campaign plans; more matters will be resolved or litigated through the Tribunal because of the increased procedural detail.
Key operative numerical limits and thresholds (quick reference)
Practical red flags and operational points for stakeholders
Location of covenant area and identification of property affected 21
Benefit of short form easement or restrictive covenant need not attach to land 22
Short form easement or restrictive covenant binds strata company 22
Short form documents 22
Division 3 — Rights and liabilities under short form easements
General 23
Vehicle access easement 23
Light and air easement 25
Party wall easement 26
Intrusion easement 27
Pedestrian access easement 29
Easement in gross 30
Easement for utility services 31
Entry under easement 40
Rectification of damage 40
Indemnity payable by grantee 41
Payment of consideration 41
Division 4 — Rights and liabilities under short form restrictive covenants
General 42
Right of way restrictive covenant 42
Land use restrictive covenant 43
Conservation restrictive covenant 43
Building envelope restrictive covenant 44
Fire restrictive covenant 44
Part 6 — Staged subdivision
Terms used 45
Significant variations 45
Exemption for stage of subdivision with no significant variations 46
Persons entitled to dispute determination 47
Disputes about certified variations 48
Requirements relating to staged subdivision by‑laws 48
Part 7 — Schedule of unit entitlements
Determining capital value of a lot 51
Certificate by licensed valuer 52
Part 8 — Scheme by‑laws
Application for registration of scheme by‑laws 53
Enforcement of scheme by‑laws 53
Maximum penalty for contravention of scheme by‑laws 53
Part 9 — Strata leases
Relationship with other laws 54
Consent of owner to deal with or dispose of strata title 54
Requirements for strata lease 54
Covenants or conditions of strata lease that are allowed 55
Amendment of strata lease 56
Part 10 — Common property (utility and sustainability infrastructure) easements
Special procedures for notice under s. 64 57
Consent of strata company to development 57
Obligations of infrastructure owner 58
Rights of infrastructure owner 58
Disposal of lot by infrastructure owner 59
Strata company to be notified of certain actions 59
Insurance 60
Damage to common property 60
Removal of infrastructure after termination of contract 61
Part 11 — Lot owners and occupiers
Term used: structure 62
Grounds for refusal of structural alteration 62
Application for approval of structural alteration 62
Part 12 — Strata companies
Temporary common property 66
Requirement to have 10 year plan 66
Rate of interest on unpaid contributions 69
Designated strata company — extended meaning 70
Expenditure on common property requiring special resolution 70
Budget variations that are authorised 71
Expenditure subject to objection procedure 71
Period in which records must be retained 71
Form of records 74
Person with proper interest in information 74
Fees for applications under s. 107 74
Inspection of material 75
Maximum charge for copies of material 76
Voting 76
Part 13 — Strata managers
Terms used 77
Repair or maintenance work and specialist work excluded 80
Strata manager must obtain national criminal record checks 80
Strata manager must provide criminal record statement to strata company 82
Volunteer strata manager to table criminal record check 83
Prescribed educational qualifications 84
Strata manager must warrant prescribed educational qualifications are held 86
97A. Saving provision for former prescribed educational qualifications 87
97B. Prescribed experience qualifications 88
97C. Strata manager must warrant prescribed experience qualifications are satisfied 89
97D. 2025 transitional provision for prescribed experience qualifications 90
97E. 2025 transitional provisions for strata management contract requirements 91
Strata manager must obtain professional indemnity insurance 91
Strata manager must warrant professional indemnity insurance in contract 91
Disclosure of remuneration and other benefits 92
Operation of trust accounts 93
Strata manager to provide annual return 94
Part 14 — Protection of buyers
Further information to be provided 96
Information to be given before contract 96
Particulars of notifiable variation to be provided to buyer 97
Occurrence of notifiable variation 99
Part 15 — Termination proposals
Division 1 — Preliminary
Division 2 — Outline proposal
Details of arrangements for independent advice or representation 101
Additional information for outline proposal 102
Division 3 — Independent advocate
Level of independence of independent advocate 102
Qualifications of independent advocate 103
Assessment of proposal by independent advocate 104
Presentation by independent advocate 105
Maximum charge for exercise of primary functions 106
Division 4 — Full proposal
Tenants entitled to 5 year term 107
Person who can provide report of required works 107
Valuation methodology 108
Validity period of valuation 108
Preparation and certification of reports 108
Termination valuation report to be provided to Valuer‑General 108
Division 5 — Voting, confirmation and withdrawal
Notice of proposal to vote under s. 182 108
Independent vote counter 109
Provision of record of votes 110
Protection of record of votes (resolution subject to confirmation) 110
Material to accompany application by proponent for confirmation of termination resolution 111
Things strata company must provide to Tribunal 112
Notice of termination proposal not proceeding 112
Division 6 — Arrangements for independent advice or representation for owners
Proponent to establish trust 113
Stages of termination proposal process for funding purposes 114
Services for which funding is to be provided 114
Advisory services 115
Representation services 115
Ancillary services 116
Method of funding under trust 117
Amount of funding 117
Other rules about funding 119
Trustee of trust 120
Disputes about trustee’s performance 120
Trust account 121
Records 121
Privacy of information 122
Winding up of trust 123
Division 7 — Vulnerable persons
Identification of vulnerable persons 123
Diminished capacity to understand termination proposal process 124
Diminished capacity to cope with termination proposal process 125
Diminished capacity to respond to termination proposal process 125
Division 8 — Arrangements for recognition of vulnerable persons
Independent advocate to identify vulnerable persons to proponent 126
Owner of lot may apply to be recognised as vulnerable person 126
Proponent to make decision about claim of vulnerability 127
Trustee may require information about type of vulnerability 128
Dispute about proponent’s decision 128
Unanimous owner‑initiated termination proposals excluded 129
Division 9 — Provisions for unanimous owner‑initiated termination proposals
Unanimous owner‑initiated termination proposals 129
Permission to submit termination proposal as unanimous owner‑initiated termination proposal 130
Outline of proposal 130
Qualifications of independent advocate 132
Full proposal 132
Person who can provide report of required works 133
Arrangements for independent advice or representation for owners 133
Part 16 — Tribunal proceedings
Occupier disputes relating to termination proposals 135
Orders required to be made by legally qualified member 135
Internal review of Tribunal decisions 136
Part 17 — Miscellaneous
Expiry day for leasehold scheme in scheme notice 137
Postponement of expiry day for leasehold scheme 137
Variation of strata titles scheme — redefining plan 137
Notice of impending expiry of leasehold scheme 138
Conversion of tenancy in common to strata titles scheme — simplified procedure 139
Disposition statements 140
Fees payable to Registrar of Titles 143
Fees payable to local government 144
Fees payable to Planning Commission 146
Part 18 — Repeal, savings and transitional
Terms used 147
Strata Titles General Regulations 1996 repealed 147
Open space and plot ratio changes 148
Phasing‑in of financial year requirements 148
Scheme notice for strata titles schemes continued by 2018 amending Act 149
Applications lodged before commencement day 149
Staged subdivisions under pre‑commencement by‑laws 151
Requirement to have 10 year plan 152
Compulsory changes to scheme by‑laws 152
Phasing‑in of national criminal record check requirements 153
Phasing‑in of educational qualification requirements 154
182A. Transitional provision for Lands Regulations (Community and Strata Titles) Amendment Regulations (No. 3) 2024 156
Schedule 1 — Special provisions relating to single tier strata scheme
Term used: Schedule 2A 158
Application of Schedule 158
Permitted boundary deviation 158
Boundaries of cubic space — things that are included 158
Boundaries of cubic space — things that are excluded 159
Merger by resolution of buildings that are common property — sketch plan required 159
Merger by resolution of land that is common property — requirements for sketch plan 160
Merger by resolution of land that is common property — surveyor’s certificate 160
Merger by resolution of land that is common property — disposition statement 161
Conversion of strata scheme to survey‑strata scheme — survey‑strata plan 161
Conversion of strata scheme to survey‑strata scheme — certificate of interest holders 162
Conversion of strata scheme to survey‑strata scheme — certificate of licensed surveyor 162
Conversion of strata scheme to survey‑strata scheme — disposition statement 163
Action to be taken by Registrar of Titles 163
Insurance 164
Schedule 2 — Explanation of effect of section 47
Enforcement of scheme by‑laws 165
Who can apply for enforcement of scheme by‑laws 165
How this could affect you 165
Schedule 3 — Provisions to be included in strata lease
Division 1 — General
Preliminary 167
Terms used 167
Lease of the lot 167
Term of strata lease 167
Covenants or conditions of strata lease 168
Special provision for conditional tenure land 168
Services of notices under strata lease 168
Division 2 — Covenants or conditions
Term used: designated event 168
Compliance with legislation 169
Compliance with scheme by‑laws 169
Requirement to maintain lot 169
Requirement to notify lessor of structural damage 169
Payment of rates and charges 169
Discharge of mortgages and removal of caveats 170
Change in ownership details 170
Lease by lessee must be consistent with strata lease 170
Inspection of lot 171
Lessee to deliver vacant possession when leasehold scheme expires 171
Schedule 5 — Fees payable to Registrar of Titles
Schedule 6 — Fees payable to Planning Commission
Notes
Compilation table 177
Defined terms
Strata Titles Act 1985
Strata Titles (General) Regulations 2019
These regulations are the *Strata Titles (General) Regulations 2019*.
These regulations come into operation as follows —
(a) regulations 1 and 2 — on the day on which these regulations are published in the Gazette;
(b) the rest of the regulations — on the day on which the Strata Titles Amendment Act 2018 section 4 comes into operation.
In these regulations —
assistant strata community manager has the meaning given in regulation 90;
calendar year means a period of 12 months beginning on 1 January;
commencement day means the day on which the Strata Titles Amendment Act 2018 section 4 comes into operation;
GST has the meaning given in the A New Tax System (Goods and Services Tax) Act 1999 (Commonwealth) section 195‑1;
Licensed Surveyors (General) Regulations means the Licensed Surveyors (General Surveying Practice) Regulations 1961;
Licensed Surveyors (TLA) Regulations means the Licensed Surveyors (Transfer of Land Act 1893) Regulations 1961;
local legal practitioner has the meaning given in the Legal Profession Uniform Law Application Act 2022 section 3(1);
local planning scheme means a local planning scheme in force under the Planning and Development Act 2005;
personal information has the meaning given in the Freedom of Information Act 1992 Glossary clause 1;
prescribed educational qualification has the meaning given in regulation 90;
property type of a lot means the property type classification of the lot as residential, commercial or industrial land;
public authority means —
(a) a public authority within the meaning given in the Transfer of Land Act 1893 section 4(1); or
(b) a public authority within the meaning given in the Community Titles Act 2018 section 3(1); or
(c) a utility service provider;
R‑Codes means the planning codes entitled Residential Design Codes prepared by the Planning Commission under the Planning and Development Act 2005, as amended from time to time;
section means a section of the Act;
Survey Regulations means the Licensed Surveyors (General) Regulations, the Licensed Surveyors (TLA) Regulations and the Transfer of Land (Surveys) Regulations 1995 or any other rules or regulations, including any directions, instructions or guidelines issued under any of those rules or regulations, for the time being in force for the guidance of surveyors when practising under the Transfer of Land Act 1893.
[Regulation 3 amended: SL 2022/116 r. 8; SL 2024/18 r. 6; SL 2025/182 r. 13.]
A note or example set out at the foot of a provision of these regulations is provided to assist understanding and does not form part of these regulations.
(1) For the purposes of the definition of approved form in section 3(1), a do
This is an opening excerpt, not the complete document.