South Australian Current Acts

COMMUNITY TITLES ACT 1996 - SECT 19

19—Special provisions relating to strata plans

        (1)         A strata plan must divide the building on the community parcel (or, if there is more than one building, at least one of them) so as to create at least one lot that is situated above another lot in the building.

        (2)         Subsection (1) does not apply to a strata plan that was originally deposited in the Lands Titles Registration Office under the Strata Titles Act 1988 and has become a strata plan under this Act by virtue of an election under clause 2 of the Schedule.

        (3)         A strata lot—

            (a)         may be below, on or above the surface of land; and

            (b)         may be wholly on one storey or partly on one storey and partly on another or others; and

            (c)         must have upper and lower boundaries as well as lateral boundaries that are defined by reference to parts of the building; and

            (d)         may include an area (a "lot subsidiary") within the building or comprising land outside the building to be used for a purpose that is ancillary to the purpose for which the rest of the lot is to be used.

        (4)         Subject to any explicit statement to the contrary in a strata plan, the following principles apply to the definition of a lot 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.