(1) The certificate of
a licensed surveyor referred to in section 21T(1)(c) is to comply
requirement made by the regulations for the purposes of this section.
(2) If the strata plan
is to be amended to reflect any extension or alteration of a building shown on
the plan, or to include a building not shown on the plan, the surveyor is to
certify that —
extension or alteration, or the building has been the subject of a building
permit under the Building Act 2011 or a building licence under
section 374 3 of the Local Government (Miscellaneous Provisions)
Act 1960 ; and
extension or alteration, or any building not shown on the plan, has been
approved by —
the strata company; or
all of the proprietors of lots in the scheme;
building or part of a building shown on the sketch plan as being within a lot
is wholly within the ground surface boundaries of that lot, except for any
permitted boundary deviation; and
respect of any land or building or part of a building shown on the sketch plan
as common property to be merged into a lot —
the land or building or part of a building is wholly
within the external surface boundaries of the parcel; or
the requirements of section 22(1)(c) are satisfied.
(3) If the strata plan
is to be amended to merge land that is common property into a lot, the
surveyor is to certify, in accordance with subsection (5), that the
rights and amenities required to be provided for by the relevant local
planning scheme or improvement scheme in force under the
Planning and Development Act 2005 —
provided for in accordance with that scheme at the time when the certificate
is given; or
be provided for when the notice of resolution and the documents referred to in
section 21V are registered.
(4) The regulations
may prescribe matters —
to which the surveyor is to certify under subsection (3); or
which are to be specifically dealt with in the certificate.
(5) A certification
under subsection (3) is to relate to matters prescribed for the purposes
of subsection (4)(a) and not to other matters arising under the relevant
local planning scheme or improvement scheme.
(6) The surveyor is to
certify in every case that —
reference on the sketch plan to a lot by a designated number is a reference to
the lot designated by that number on the strata plan; and
there are not more lots on the sketch plan than there are on the strata plan.
[Section 21U inserted: No. 61 of 1996
s. 16; amended: No. 38 of 2005 s. 15; No. 28 of 2010 s. 37(2)
and (3); No. 24 of 2011 s. 174(5).]