Major reform to wa strata law commences 1 may 2020strata in wa is changing for the better with amendments to the strata titles act 1985 now confirmed to commence on 1 may 2020. Surveystrata surveystrata was a new concept of registraiton of a strata plan introduced by the 1995 strata titles amendment act. Strata titles act 1985 contents page ii version 07d005 as at 30 jun 2015 extract from. The role of a strata company is defined in section 35 of the strata titles act. Variation or discharge of easements under section 5d 25 5g. The function of the strata company is to control, manage and maintain the. Introduction and overview of proposed reform the western australian state government, in conjunction with landgate, is seeking to overhaul the strata titles act 1985 wa sta which governs the operation of strata titles in this state.
A proprietor, occupier or other resident shall not, subject to section 4215 of the act, keep any animals on the lot. As long as quit rent is not fully paid, subdivision of. Only amendments that have commenced are incorporated. As per section 9e of the strata titles act, 1985, it is the prerequisite of every land office throughout peninsular malaysia that quit rent must be paid uptodate at the time of application for strata titles. Whilst strata living offers several advantages, it can quickly become a problem if strata management is left in the wrong hands and not managed in compliant manner. Strata managers will be regulated and made more accountable. Statutes amendment community and strata titles bill 2011. Media statements comprehensive changes to strata titles act. The changes being introduced will modernise our states strata framework and deliver a better strata system for the future. Commencement these regulations come into operation on the day on which the strata titles amendment act 1995 comes into operation 1.
It deals with registration of strata plans and other matters relating to strata schemes under the. The strata titles amendment act 2018 was assented to on 19 november 2018. Plans and forms for lodgment, requirements as to 3 5. Land tax and metropolitan region improvement tax 142 65a. Western australian legislation strata titles act 1985. Survey strata plans differ to a conventional strata plan in that buildings are never defined on the survey strata plan there are various other differences but this is the main one. That there is no relevant provision in the bylaws of the strata company for the strata scheme or surveystrata scheme that relates to the resolution of the matter in dispute. The strata titles amendment act 1995 created a new form of strata scheme known as a. The object of this bill is to amend the strata schemes management act 2015 the ssm act, in relation to the scheme for rectifying building defects in new strata schemes, as follows. The strata titles act 1966 wa the act was enacted in response to the growing demand in western australia for occupation of individual units in the one building on an ownership basis and the generally unsatisfactory methods of dealing with that demand. Strata titles general regulations 1996 legislation. Matthew garmony fapi, brad dawson aapi, gail walker executive officer february 2015.
Strata surveystrata plan may restrict use of parcel or part of parcel 26 6a. Alternative boundaries for lots in single tier strata schemes 3ac. Interpreting strata plans property and land titles. Upon proclamation, part 2 of the strata titles amendment act 2018 will amend the strata titles act 1985. Strata titles act 1985 contents page ii consolidation 5a 5e. Peninsular malaysia and federal territory of kuala lumpur1 june 1985, p. The state administrative tribunal has a wide jurisdiction that includes resolution of disputes arsing from the strata titles act. Act 41 of 1967 revised edition 2009 31st july 2009 an act to facilitate the subdivision of land into strata and the collective sale of property, and the disposition of titles thereto and for purposes connected therewith. This legislation is affected by amending provisions that have not yet come into operation or taken effect. Structural erections, alterations and extensions restricted, strata schemes 1 this section does not apply to a a lot in a surveystrata scheme. Key elements for interpreting strata plans under the strata titles act 1967 strata plans commence with the prefix rp registered plan or sp strata plan. These administrative actions are a common reason for employing an independent strata company manager.
Apr 29, 2016 a guide to strata titles page 12 of 58 resubdivision8 see sections 8, 8a, 8b, and 8c of the act subject to the passing of appropriate resolutions, lots on a strata, or survey strata plan may only be further subdivided by a resubdivision plan of the same type, that is, a strata lot may only be resubdivided by another strata plan and a survey. Strata schemes management amendment building defects scheme. Strata companies in western australia are obliged to comply with the strata titles act. The api proposes that the value definition in the strata titles act be amended as follows.
May, 2019 the stratas general index explained below shown in the land title registry will show if its filed as a separate document. Proposed reforms to the strata titles act 1985 implications. He is an inaugural fellow of the western australian institute of. The concept of strata title was gradually adopted by other australian states. B 2761985 whereas it is desired to introduce in the form of a strata. However, the contents of this library and its maker will assume no liabilities. Strata titles 9 laws of malaysia act 318 strata titles act 1985 an act to facilitate the subdivision of building into parcels and the disposition of titles and for purposes connected therewith. The changes will modernise the states strata framework, making it clearer and fairer. Short title these regulations may be cited as the strata titles general regulations 1996 1. An act to facilitate the subdivision of land in strata and the disposition of titles thereto. Terms used 1 part 2 strata surveystrata plans and forms 4. The city of cockburn only forms a part of the approval process for strata titles.
Land titles strata act chapter 158 original enactment. Saving 52 subdivision 2 merger by resolution of buildings that are common property 21e. An act to provide for the division of land by strata plan. Permit authority generally the relevant local government, but can be the state of western australia for certain buildings and structures. The strata titles amendment act 1995 created a new form of strata scheme known as a surveystrata scheme. Strata titles act 1985 contents as at 30 jun 2015 version 07d005 page vii extract from. Strata tites ct eform osutatio summary the state government has set strata reform as a key priority and landgate has been tasked to deliver reforms to the strata titles act 1985 wa sta. Final reiwa submission strata titles reform jan 2015. Australian property institute inc, wa division working group. Was new strata laws will support the growing number of western australians who own, work or live in a strata property, as well as those looking to buy.
Strata titles act 1985 the current act to make strata better, address problems that have arisen in strata, introduce a new form of land ownership leasehold strata title schemes and modernise the language and structure of the act. Western australia strata titles act 1985 strata titles general regulations 1996 part 1 preliminary 1. Stratasurveystrata plan may restrict use of parcel or part of parcel 26 6a. Pdf version printerfriendly ideal for printing entire document strata property act published by quickscribe services ltd.
In 1973 the nsw strata titles act and regulations meant that the area of individual lots in strata plans had to be shown far more precisely than under the 1961 act. Strata titles act 1985 contents as at 19 nov 2018 version 07f003 page iii published on. Strata survey strata plan may restrict use of parcel or part of parcel 26 6a. Notes not part of act 2 part 2 strata titles act 1985 amended division 1 preliminary 4. The first community title legislation was enacted in 1989, again by nsw. Strata titles act 1985 act 318 in operation from 1 december 2001 to 11 april 2007 disclaimer. Strata titles practice manual for western australia version 9. This paper refers to the body corporate as the strata company.
The default bylaws in that statute include this bylaw relating to pets. Separate quit rent billing on strata titles possible. Act amended 3 division 2 amendment of long title and parts i to viii 5. Reiwa welcomes the state governments reform agenda for the strata titles act. That there is no relevant provision in the bylaws of the strata company for the strata scheme or survey strata scheme that relates to the resolution of the matter in dispute. Boundaries that are defined by structures are shown by thick continuous lines. Objectives of the strata titles act reform in reforming the strata titles act the outcomes will be. The state government has announced comprehensive changes to the strata titles act to reflect the changing face of residential living in western australia. The lot boundaries are shown on the floor plan of the strata plan and the wording on the floor plan must be read in conjunction with the sketch to ascertain the lot boundaries. The boundaries of the lots or parts of the lots which are buildings shown on the strata plan are the inner surfaces of the walls, the upper surface of the floor and the under surface of the ceiling, as provided by section 32a of the strata titles act 1985. The act was modelled on the conveyancing strata titles act 1961 nsw. States obligations to provide a system to break deadlocks most of western australias 70 000 strata schemes function well and can themselves resolve any disputes that arise. You are directed to a disclaimer and notice governing the information provided.
Strata schemes management amendment building defects. Submission to government of western australia, landgate february 2017 consultation paper strata titles amendment bill 2017 page 3 executive summary this submission focuses on the valuation perspective of the proposals in the consultation paper. A guide to strata titles page 12 of 58 resubdivision8 see sections 8, 8a, 8b, and 8c of the act subject to the passing of appropriate resolutions, lots on a strata, or surveystrata plan may only be further subdivided by a resubdivision plan of the same type, that is, a strata lot may only be resubdivided by another strata plan and a survey. Minister for transport, infrastructure and local government. Strata titles amendment bill 2018 explanatory memorandum. Statutes amendment community and strata titles bill 2011 4 ha gp 155 opc 70 atbt 7042011 10. The proposed reforms aim to ensure western australia has strata legislation that better meets the states needs in light of future growth. Strata survey strata plan may restrict use of parcel. Printing multiple copies of a statute or regulation for the purpose of distribution without the. The strata titles act 1985 of wa is very complicated and requires specialised knowledge and experience. A guide to the building approvals process in western australia. In essence a strata company is required to manage and maintain the common property of a strata complex, enforce its bylaws and fulfil other statutory requirements. You are directed to information on how your personal information is protected. Reiwa members deal in strata scheme transactions on a daily basis whether as an agent selling a strata property, as a property manager for an owner of a strata lot, or as a manager of a.
As long as quit rent is not fully paid, subdivision of any building into strata titles cannot be processed. Easements, covenants, exclusive use bylaws and restrictive. Plans are lodged with landgate for their endorsement and issue of. A strata title is a means of dividing up a property title to allow for multiple ownership. The state of tasmania the department of premier and cabinet 2020 ver. Department of the premier and cabinet, media statements. Procedures cannot be invoked more than once 52 21d. Strata titles schemes are a significant part of the wa property landscape. Strata law in wa strata communities in western australia are subject to the strata titles act 1985 wa. Strata titles act 1985 table of provisions long title part i preliminary 1.
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