Western Australian Current Acts

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STRATA TITLES ACT 1985 - SECT 11

11 .         Subdivision of land by strata titles scheme

        (1)         Land is subdivided by a strata titles scheme —

            (a)         by registration of the scheme; or

            (b)         by registration of an amendment of the scheme.

        (2)         Registration of an amendment of a strata titles scheme gives effect to a subdivision if it —

            (a)         effects a change to the definition of a lot in the scheme; or

            (b)         effects a change to the boundary of the parcel of land subdivided by the scheme.

        Note for this section:

        1.         There are 4 types of amendment of a strata titles scheme that give effect to a subdivision, with varying requirements for resolutions and consents:

•         A type 1 subdivision covers adding land from outside the parcel to the common property (other than as temporary common property) and what was formerly referred to as conversion of lots into common property.

•         A type 2 subdivision covers the removal of common property from the parcel of a strata titles scheme.

•         A type 3 subdivision covers what was formerly referred to as consolidation of lots.

•         A type 4 subdivision covers what was formerly referred to as re-subdivision.

        2.         Re-subdivision of a lot or common property was defined in section 3(5) of the Act as in force immediately before the Strata Titles Amendment Act 2018 to include the alteration of the boundaries of —

•         1 or more lots so as to create only 2 or more different lots; or

•         1 or more lots so as to create 1 or more different lots and common property; or

•         1 or more lots and common property so as to create 1 or more different lots or 1 or more different lots and common property; or

•         common property so as to create 1 or more lots or 1 or more lots and common property.

        3.         Schedule 2A provides special provisions relating to subdivision in a single tier strata scheme.

        [Section 11 inserted: No. 30 of 2018 s. 83.]



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