Western Australian Current Acts

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STRATA TITLES ACT 1985 - SECT 53

53 .         Terms used

                In this Division —

        building includes any building on the parcel for a scheme whether shown on the strata/survey-strata plan or not and also includes —

            (a)         proprietors’ improvements and proprietors’ fixtures forming part of the building including paint and wallpaper but excluding carpet and temporary wall, floor and ceiling coverings; and

        [(b)         deleted]

            (c)         anything prescribed as forming part of a building for the purposes of this definition,

        but does not include —

            (d)         fixtures removable by a lessee at the expiration of a tenancy; or

            (e)         anything prescribed as not forming part of a building for the purposes of this definition;

        replacement value in relation to a contract of insurance of a building, requires provision to be specified in the policy —

            (a)         for —

                  (i)         the rebuilding of the building or its replacement by a similar building in the event of its destruction; and

                  (ii)         the repair of damage to, or the restoration of the damaged portion of, the building in the event of its being damaged but not destroyed,

                so that, in the case of destruction, every part of the rebuilt building or the replacement building and, in the case of damage, the repaired or restored portion, is in a condition no worse nor less extensive than that part or portion or its condition when that part or portion was new; and

            (b)         for the payment of expenses incurred in the removal of debris and the remuneration of architects, surveyors, engineers and other persons whose services are necessary as an incident to the rebuilding, replacement, repair or restoration.

        [Section 53 amended: No. 58 of 1995 s. 51; No. 61 of 1996 s. 24.]

        [Heading inserted: No. 61 of 1996 s. 25.]



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