2016
2016
s2016-002
2023-02-24
Strata Schemes Development Act
2015
act-2015-051
reg
reprint
act-2021-010
allinforce
LW 4 November 2016
2022-09-01
2023-09-01
sl-2016-0659
cd6b45b3-17de-4d35-8197-e9f68665a353
a5f60300-d0ce-4dda-929d-25514e5a9cab
none
website
1
Does not include amendments
by—
Planning Legislation Amendment
(National Construction Code) Regulation 2023 (71) (not
commenced — to commence on 1.5.2023)
Part 1Preliminary
1Name of Regulation
This Regulation is the Strata Schemes Development Regulation
2016.
2Commencement
This Regulation commences on 30 November 2016 and
is required to be published on the NSW legislation
website.
3Definitions
(1)
In this Regulation—
affecting interest
means an easement, a profit à prendre, a restriction on the use of land
or a positive covenant.
fee
unit—see Part 2 of Schedule 7.
plan means a plan lodged in the
office of the Registrar-General for registration as a strata plan, a strata
plan of subdivision, a strata plan of consolidation or a building alteration
plan.
the
Act means the Strata Schemes
Development Act 2015.
Note—
The Act and the Interpretation
Act 1987 contain definitions and other provisions that
affect the interpretation and application of this
Regulation.
(2)
Notes included in this Regulation do not form
part of this Regulation.
cl 3: Am 2017 (101),
Sch 1 [1].
4Application of other instruments
(1)
The provisions of this Regulation apply in
addition to the provisions of—
(a)
clause 36 of the Conveyancing (General) Regulation 2013
or the equivalent provision of any regulation that replaces that regulation,
and
(b)
the Real Property
Regulation 2014 or any regulation that replaces that
regulation, and
(c)
the lodgment rules made under the Real Property Act
1900.
(2)
The provisions of this Regulation prevail to the
extent of any inconsistency between those provisions and the provisions
referred to in subclause (1).
Note—
This Regulation includes provisions concerning
plans for land the subject of a strata scheme. All such land is under the
provisions of the Real Property Act
1900. That Act, and the regulations under that Act,
include provisions concerning the preparation and lodgment of dealings for
such land (including provisions requiring the payment of
fees).
cl 4: Am 2017 (101),
Sch 1 [2] [3].
Part 2Plans, administration sheets and unit
entitlements
5, 6
cll 5: Rep 2017
(101), Sch 1 [4].
cll 6: Rep 2017
(101), Sch 1 [4].
7Schedules of unit entitlement
(1)
A proposed schedule of unit entitlement in
respect of a strata scheme must set out in a column each lot number in the
scheme (or if the proposed schedule of unit entitlement relates to the
subdivision of a development lot under section 14 of the Act—each lot
number to be created by the subdivision) in numerical sequence with the unit
entitlement for each lot set out opposite the lot number in a second column
with the aggregate unit entitlement at the foot of that second
column.
(2)
If successively numbered lots have the same unit
entitlement they may be grouped together in an abbreviated
form.
(3)
For the purposes of the definition of market value basis in
Schedule 2 to the Act, the basis for determining the value of a lot or
development lot is to estimate the amount for which the lot or development lot
would be sold by a willing but not anxious seller to a willing but not anxious
buyer.
(4)
Valuation day
means—
(a)
for the purposes of clause 2 or 4 of Schedule 2
to the Act, a day that is not more than 2 months before the day on which an
application is made under Part 4 of the Act for a strata certificate in
relation to the relevant strata plan or strata plan of subdivision,
or
(b)
for the purposes of clause 5 of Schedule 2 to the
Act, the day nominated as the valuation day in the original schedule of unit
entitlement that accompanied the strata plan.
8Numbering of lots
(1)
Each lot in a strata plan must be numbered
consecutively in whole numbers without gaps and starting from
1.
(2)
Each lot in a strata plan of subdivision or a
strata plan of consolidation must be numbered consecutively in whole numbers
without gaps and starting from the number that is 1 greater than the highest
number of any existing lot in the strata scheme.
(3)
A building alteration plan must not renumber any
lot.
9Strata plans of consolidation
A strata plan of consolidation must include a
floor plan.
10Strata plans of subdivision
(1)
A strata plan of subdivision must be accompanied
by one of the following if land comprised in the plan is owned by the original
owner—
(a)
a certificate by the owners corporation in the
approved form certifying that the initial period has
expired,
(b)
the relevant order under section 27 of the
Strata Schemes Management Act 2015 that
authorised the registration of the plan.
(2)
Subclause (1) does not apply if the original
owner owns all the lots in the strata scheme.
11Building alteration plans
A building alteration plan must include a floor
plan and, if the Registrar-General so requires, a location
plan.
Part 3Staged development
12Strata development contracts
(1)
A strata development contract must deal
separately with each of the following matters in relation to each stage of the
development and must specify whether the matter is warranted development or an
authorised proposal—
(a)
the types of buildings proposed, the proposed
uses of the lots in the buildings, the proposed building style and the
proposed height and density of the buildings,
(b)
proposed common property amenities (if
any),
(c)
the number of lots proposed or, if the number of
lots is identified in the contract as “authorised
proposals—proposed development not subject to a warranty”, the
maximum number of lots,
(d)
details of access and construction zones and
accompanying rights over common property and development lots and parking on
lots and common property during the development,
(e)
landscaping,
(f)
building materials and
finishes,
(g)
details of any vertical staging, and of the
insurance cover that applies to any such staging,
(h)
the manner in which the developer’s
liability for expenses relating to the use or maintenance of common property
in the strata scheme is to be determined,
Note—
Section 78 of the Act permits these expenses to
be apportioned differently from the way that liability would otherwise be
apportioned by the schedule of unit entitlement for the
scheme.
(i)
details of any by-laws, management agreements,
covenants, easements or dedications that will be created or entered
into.
(2)
Authorised proposals and warranted development
should be listed and dealt with separately in the strata development
contract.
13Execution by developer on behalf of owners
corporation
(1)
A dealing, plan or other instrument executed by a
developer on behalf of an owners corporation under section 87 (3) of the Act
must be executed in an approved form.
(2)
The developer must provide the Registrar-General
with a statutory declaration signed by the developer (or other person
authorised by the developer) that sets out the circumstances in which the
dealing, plan or other instrument was approved by the owners
corporation.
14Notices relating to development
concerns
Each of the following, to the extent that it
deals with a motion relating to a development concern, must identify the
motion as such and refer to sections 87 and 88 of the Act—
(a)
a notice served on the secretary of an owners
corporation (or another officer of the owners corporation in the absence of
the secretary) requiring inclusion of the motion in the agenda of the next
general meeting of the owners corporation,
(b)
a notice served on the secretary of an owners
corporation (or another officer of the owners corporation in the absence of
the secretary) requiring the convening of a general meeting to consider the
motion,
(c)
a requisition served on the secretary of an
owners corporation (or another officer of the owners corporation in the
absence of the secretary) requiring a meeting of the strata committee to be
convened to consider the motion,
(d)
a notice of a meeting of the owners corporation
or its strata committee at which the motion is to be
considered.
15Insurance for vertical staged
development
(1)
For the purposes of clause 8 (c) of Schedule 3 to
the Act, a policy of indemnity must indemnify the developer against at least
the following—
(a)
contract works claims up to a value at least
equivalent to the cover provided by the damage policy maintained by the owners
corporation under sections 160, 161 and 162 of the Strata Schemes Management Act 2015,
subject only to such deductibles, exclusions and other terms and conditions as
are reasonable and appropriate for contract works
insurance,
(b)
public liability claims up to a value of at least
$20,000,000, subject only to such deductibles, exclusions and other terms and
conditions as are reasonable and appropriate for public liability
insurance.
(2)
This clause does not affect any obligation of a
developer to effect and maintain insurance required by or under any other law,
such as the Workers Compensation Act
1987 or the Workplace Injury
Management and Workers Compensation Act
1998.
(3)
In this clause—
contract works
claim means a claim for accidental damage to buildings and
works for the time being forming part of the parcel (including buildings
erected and works carried out under the strata development contract), arising
out of or resulting from the carrying out of the permitted
development.
public liability
claim means a claim for damages because of death, personal
injury or damage to property for which the developer is liable as an occupier
of the parcel.
Part 4Certification
16Notice of proposed strata plan of subdivision given by local
council
A notice given by a local council under section
55 (1) of the Act must be in an approved form and be accompanied by a copy of
the proposed strata plan of subdivision.
17Inspection required prior to issuing a strata
certificate
(1)
A local council or registered certifier must not
issue a strata certificate in respect of a proposed strata plan or a proposed
strata plan of subdivision unless the council or certifier has inspected each
building containing a proposed lot to which the plan relates and any common
property outside of each of those buildings and is satisfied
that—
(a)
the floors, external walls and ceilings depicted
in the plan correspond to those of the building as constructed,
and
(b)
the floors, external walls and ceilings of the
building as constructed correspond to those depicted in the plans and
specifications that accompanied the construction certificate for the building,
and
(c)
any facilities required by the relevant
development consent (such as parking spaces, terraces and courtyards) have
been provided in accordance with those
requirements.
(2)
The inspection may take place after all
construction works on the building are complete or substantially
complete.
cl 17: Am 2018 No 63,
Sch 3.14[1].
18Registered certifier strata
certificates
(1)
A registered certifier must within 7 days after
issuing a strata certificate send a copy of the strata certificate and the
associated documents (within the meaning of clause 19) to the planning
authority that granted the relevant planning approval and to the local council
(if the local council is not the planning authority).
(2)
A registered certifier must cause a copy of each
strata certificate issued by the registered certifier and each application for
a strata certificate made to the registered certifier to be kept at the
registered certifier’s business premises, or in another secure place, at
all times.
(3)
Subclause (2) does not require a registered
certifier to keep copies of any certificate or application for more than 10
years after the date on which the certificate was issued, or in the case of an
application where no certificate was issued, for more than 10 years after the
date on which the application was made.
cl 18: Am 2018 No 63,
Sch 3.14[2] [3].
19Records to be kept by local councils in respect of strata
certificates
(1)
In this clause—
associated
documents, in respect of a strata certificate,
means—
(a)
the proposed strata plan, strata plan of
subdivision or notice of conversion to which the strata certificate relates,
and
(b)
any other related documents submitted by the
applicant for the strata certificate in connection with the
application.
relevant strata
certificate, in respect of a local council, means a strata
certificate—
(a)
issued by the council under section 54, 55 or 56
of the Act, or
(b)
issued by a registered certifier under section
58, 59 or 60 of the Act in relation to a building or proposed building within
the area of the council.
(2)
A local council must keep (as part of the
register kept by the council under clause 264 or 265 of the Environmental Planning and Assessment Regulation
2000) a record of the date of issue of each relevant
strata certificate.
(3)
A local council must keep, for each relevant
strata certificate, a copy of the strata certificate and the associated
documents and must make these available for inspection at its principal
office, free of charge, during its ordinary office hours. A copy of any such
document may be made on payment of a reasonable copying charge set by the
council.
cl 19: Am 2018 No 63,
Sch 3.14[4].
20Certificates given by owners
corporation
(1)
A certificate given by an owners corporation
under any of the following provisions must be in an approved
form—
(a)
section 26 (2) (c), 36 (2), 55 (3) or (5) (a), 56
(1) (a), 59 (b) or (c) or 60 (b) of the Act,
(b)
clause 4 (c) of Schedule 2 to the
Act.
(2)
For the purpose of identification, a plan in
respect of which a certificate is given under section 55 (3) of the Act must
be signed by each person who attested the affixing of the seal of the owners
corporation on the certificate.
21Category 1 fire safety provisions
For the purposes of section 57 of the Act, the
following performance requirements of the Building Code of Australia are
prescribed as Category 1 fire safety
provisions—
(a)
EP1.3, EP1.4, EP1.6, EP2.1, EP2.2 and EP3.2 in
Volume One of that Code,
(b)
P2.3.2 (Fire detection and early warning) in
Volume Two of that Code.
Part 5Lodgment
22, 23
cll 22: Rep 2017
(101), Sch 1 [4].
cll 23: Rep 2017
(101), Sch 1 [4].
24Lodgment of consolidated by-laws
(1)
For the purposes of recording in the folio for
common property in a strata scheme particulars of any change in the by-laws
for the scheme, a change in the by-laws is to be lodged in the form of a
consolidated version of the by-laws that incorporates the
change.
(2)
Relevant model by-laws must be included in any
consolidated version.
(3)
The Registrar-General may permit a change in the
by-laws for a strata scheme to be lodged separately and not in a consolidated
version if—
(a)
the Registrar-General is satisfied that it would
be too onerous for a consolidated version to be lodged,
and
(b)
there are no more than 5 such separate changes
recorded on the folio.
25Periods for retention of lodged
documents
(1)
For the purposes of paragraph (b) of the
definition of written demand in
section 196 (2) of the Act, the period prescribed is the period of 7 years
commencing with the day on which the plan or other document was
lodged.
(2)
For the purposes of paragraph (c) of the
definition of written demand in
section 196 (2) of the Act, the period prescribed is the period of 7 years
commencing with the day on which the plan or other document was registered or
recorded.
Part 6Strata renewal
26Definition
In this Part—
highest and best use in
respect of land means the lawful, physically possible and financially feasible
use that maximises the value of the land.
27Compensation value
For the purposes of paragraph (a) of the
definition of compensation value in
section 154 of the Act, the determination of compensation under section 55 of
the Land Acquisition (Just Terms Compensation) Act
1991 is modified as follows—
(a)
sections 56 (1) (b) and (2) and 62–65 of
that Act are taken not to apply in respect of that
section,
(b)
any references in that Act to
“acquisition”, “compulsory acquisition” or “the
public purpose for which the land was acquired” are taken, for the
purposes of that section, to be references to the strata renewal
proposal,
(c)
the buyer and seller referred to in section 56 of
that Act are to be assumed to take into account the highest and best use of
the land,
(d)
the matters set out in section 55 of that Act are
to be valued at the following times—
(i)
for the purposes of inclusion in a strata renewal
plan—on a day that is not more than 45 days before the day on which the
general meeting of the owners corporation is held under section 172 of the
Strata Schemes Development Act 2015 to
consider the plan,
(ii)
for the purposes of an application made under
section 179 of the Strata Schemes Development Act
2015 for an order to give effect to a strata renewal
plan—on a day that is not more than 45 days before the day on which the
application is made.
28Market value
(1)
For the purposes of the definition of market value in section
154 of the Act, the market value of a building and its site—
(a)
is to be determined by estimating the amount for
which the building and site would be sold by a willing but not anxious seller
to a willing but not anxious buyer, and
(b)
is to be determined at the following
times—
(i)
for the purposes of inclusion in a strata renewal
plan—on a day that is not more than 45 days before the day on which the
general meeting of the owners corporation is held under section 172 of the Act
to consider the plan,
(ii)
for the purposes of an application made under
section 179 of the Act for an order to give effect to a strata renewal
plan—on a day that is not more than 45 days before the day on which the
application is made.
(2)
For the avoidance of doubt, the buyer and seller
referred to in subclause (1) (a) are to be assumed to take into account the
highest and best use of the building and its site.
29Returning officer
(1)
For the purposes of the definition of returning officer in
section 154 of the Act, the returning officer for a strata renewal plan is to
be appointed by a resolution of the owners corporation and is to be a person
who is independent of the owners corporation and who is not any of the
following—
(a)
a lot owner in the strata scheme or a relative or
associate of a lot owner,
(b)
a member of the strata
committee,
(c)
a strata managing agent for the strata scheme or
any employee of the strata managing agent,
(d)
a person who has a pecuniary interest in the
outcome of the collective sale or redevelopment proposed by the strata renewal
plan or a relative or associate of such a person (but not if the pecuniary
interest is only the reasonable fee for performing the functions of the
returning officer and the payment of that fee has been approved by the strata
committee).
(2)
In this clause, a reference to an associate of a person is a
reference to—
(a)
a partner, employee or agent of the person,
or
(b)
a person who is related to the person or to a
person referred to in paragraph (a)—
(i)
as a spouse or de facto partner,
or
Note—
“De facto partner” is defined in
section 21C of the Interpretation Act
1987.
(ii)
as a child, grandchild, sibling, parent or
grandparent, whether derived through subparagraph (i) or otherwise,
or
(c)
a body corporate, or a member of a body
corporate, partnership, trust, syndicate or joint venture, in which the person
or a person referred to in paragraph (a) or (b) has a beneficial interest,
or
(d)
if the person is a body corporate—
(i)
a related body corporate within the meaning of
the Corporations Act 2001 of the
Commonwealth, or
(ii)
an officer (within the meaning of that Act) of
the body corporate or a related body corporate.
30Strata renewal proposal
(1)
For the purposes of section 156 (2) of the Act, a
strata renewal proposal must include the following—
(a)
the warning notice set out in subclause
(2),
(b)
the name and address of the person giving the
proposal (the proponent),
(c)
details of the financial interests (if any) that
the proponent has in any of the lots in the strata scheme,
(d)
a general description of the proposal and the
purpose of the proposal,
(e)
how the proposal will be
funded,
(f)
an estimate of the total cost (including
application fees and legal fees) of obtaining an order from the court to give
effect to the strata renewal plan,
(g)
whether the proponent will provide any monetary
contributions (whether initial or continuing) towards the reasonable costs and
expenses incurred by the strata renewal committee or owners corporation in
relation to the following—
(i)
preparing a strata renewal
plan,
(ii)
obtaining specialist consultant
reports,
(iii)
obtaining an order from the court to give effect
to the plan,
(h)
if the proponent is to provide any monetary
contributions, what (if any) security (such as cash, bond, bank guarantee)
will be provided,
(i)
the potential (if any) for owners to buy back
into the development following the collective sale or
redevelopment,
(j)
if the proposal is for a collective sale of the
strata scheme—
(i)
an indicative sale price and an explanation of
how that price was determined and the distribution of that sale price on
current unit entitlements, and
(ii)
the proposed timetable for the collective sale,
including a proposed completion date and the proposed date by which owners
will be required to vacate premises forming part of the
scheme,
(k)
if the proposal is for the redevelopment of the
strata scheme—
(i)
details of the proposed terms of settlement that
are to be offered to each lot owner, and
(ii)
how the redevelopment will be funded by the
proponent, and
(iii)
details of any planning approvals and other
authorisations that would be required before the redevelopment can start and
how and when the proponent intends to obtain those approvals and
authorisations and whether they will be obtained before an application is to
be made to the court for an order to give effect to the strata renewal plan,
and
(iv)
the proposed timetable for the development,
including an estimate of the period from the start of the redevelopment to its
completion, and
(v)
the estimated date on which owners must provide
vacant possession to the proponent.
(2)
The warning notice required by subclause (1) (a)
is to be to the effect of the following, being a notice on the front of the
proposal that is legibly printed, in bold type, with the words shown in
capital letters in the heading being at least 14 point, and the rest of the
notice printed in letters at least 10 point—
IMPORTANT NOTICE TO OWNERS IN STRATA PLAN
[insert plan number]
This renewal proposal may have significant legal,
financial and taxation consequences for you. It may also impact on the rights
of your tenants, mortgagees, covenant chargees or caveators which may in turn
have impacts on you. You should ensure that you understand your rights and
obligations and how this proposal will affect you.
31Notice of decision to establish strata renewal
committee
A written notice of the decision to establish a
strata renewal committee that is required by section 162 of the Act to be
given to the owner of each lot in the strata scheme must contain the
information and be in the form set out in Schedule 6 and may contain any other
relevant information as the secretary of the strata committee sees
fit.
32Costs and expenses deducted from sale
price
For the purposes of section 170 (1) (c) (v) of
the Act, the exact amount of all costs and expenses to be deducted from the
sale price must be included in a strata renewal plan for the collective sale
of a strata scheme, or if the exact amount of a cost or expense is not known,
an estimate of the amount and a detailed explanation as to how that estimate
has been determined.
33Content of strata renewal plan
For the purposes of section 170 (1) (e) of the
Act, the following information must be included in a strata renewal
plan—
(a)
particulars of any estates or interests (whether
registered or unregistered), or any caveats or priority notices, that affect a
lot or common property in the scheme to which the plan
relates,
(b)
details of all current unit
entitlements,
(c)
a report of an independent valuer that includes
details of the market value of the whole building and its site (at its highest
and best use) and details of the compensation value of each
lot,
(d)
if the strata renewal plan is for a redevelopment
of the strata scheme, details of the proposed completion day for the purchase
of each dissenting owner’s lot and, if it is proposed that a dissenting
owner will receive a payment for the lot on a day other than the completion
day, the proposed day on which any such payment is proposed to be
made.
34Copy of strata renewal plan given to
owners
(1)
For the purposes of section 173 (2) of the Act,
the following information and documents must accompany the copy of a strata
renewal plan given to owners—
(a)
a strata renewal information sheet in the
approved form,
(b)
the approved form of a support
notice,
(c)
details of the returning officer’s address
for service of a support notice.
(2)
In this clause, support notice has the
same meaning as in section 174 of the Act.
35Application for an order
For the purposes of section 179 (1) (g) of the
Act, an application for an order to give effect to a strata renewal plan must
include particulars of any estates or interests (whether registered or
unregistered), or any caveats or priority notices, that affect a lot or common
property in the scheme to which the plan relates.
36Decision of court
For the purposes of section 182 (1) (g) of the
Act, a court must be satisfied that the effects of the strata renewal plan are
just and equitable in all the circumstances despite any difference between a
valuation contained in the plan and any valuation that accompanied the
application for an order to give effect to the plan.
37Court order and directions
For the purposes of section 183 (1) (f) of the
Act, a court order giving effect to a strata renewal plan for a strata scheme
may include directions about the time by which any part of the plan must be
initiated or completed.
Part 7
38
pt 7 (cl 38): Rep
2017 (101), Sch 1 [5].
Schedules 1–5
schs 1–5: Rep
2017 (101), Sch 1 [6].
Schedule 6Form of
notice
(Clause 31)
Notice
to owners about decision to establish strata renewal
committee
Strata Schemes Development Act
2015; section 162
Establishment of strata renewal
committee
At a meeting of Owners—Strata Plan No
[insert strata scheme number] held on [insert date of meeting] a
strata renewal committee was established.
Function of strata renewal
committee
The function of the strata renewal committee is
to prepare a strata renewal plan for further consideration by the owners
corporation and the owners.
The strata renewal plan will be based on a strata
renewal proposal made by [insert name of person who gave the strata renewal
proposal to the owners corporation].
Summary of strata renewal
proposal
The strata renewal proposal was for the
[insert either “collective sale” or “redevelopment”
depending on the nature of the proposal] of strata scheme SP [insert
strata scheme number].
The strata renewal proposal [insert a short
summary of the proposal].
Membership of strata renewal
committee
The strata renewal committee has [insert
number of members, including the chairperson] members. The members
are—
Chairperson [insert name of chairperson and
then insert the names of all the other members of the strata renewal
committee].
Budget of strata renewal
committee
[Insert details of the budget for, or any
limitation on the amount that can be spent, preparing the strata renewal plan
and details of how reports on expenses incurred will be circulated on a
quarterly or more frequent basis].
Engaging specialists
The strata renewal committee has authority to
engage specialists to provide advice on the preparation of the strata renewal
plan.
OR
The strata renewal committee must seek the
approval of the owners corporation before it can engage any specialist to
provide advice on the preparation of the strata renewal plan.
[Delete whichever is not
applicable].
Period of operation of strata renewal
committee
The strata renewal committee can exercise its
functions for 1 year from the date on which it was established, unless the
owners corporation resolves to dissolve the committee earlier. The owners
corporation may extend the 1 year period of operation by passing a special
resolution.
Minutes of meetings of strata renewal
committee
The strata renewal committee must keep minutes of
its meetings. A copy of the minutes can be obtained from the secretary of the
owners corporation [insert “and will be placed on the owners
corporation notice board” if there is an owners corporation notice
board].
Further information
For further information please contact [insert
the name and contact information for a person (such as the chairperson) who
can provide information about the strata renewal committee and the preparation
of the strata renewal plan].
Schedule 7Fees
Note—
Section 3B (2) of the Real
Property Act 1900 provides that a fee prescribed under
that Act or any other Act for or in respect of the exercise of a titling and
registry function is, when the function is exercised by the authorised
operator, the maximum fee that is payable and the authorised operator can
accept a lesser fee for or in respect of the exercise of the
function.
Part 1Fees payable during 2017/2018 financial
year
1
The fees specified by this Part are exclusive of
GST. GST may be added to any such fee to the extent that the fee is
consideration for a taxable supply (within the meaning of the A New Tax
System (Goods and Services Tax) Act 1999 of the
Commonwealth).
Matter for which
fee is payable
Fees (in fee
units)
Plans and associated
instruments
1
On lodgment of a
plan for registration—
(a)
for lodgment of the plan,
and
2.6570
(b)
for each lot shown on the plan (excluding the
first lot), and
2.6570
(c)
(d)
if the plan is accompanied by a copy of the
proposed by-laws for the strata scheme, and
3.4254
(e)
if the plan is accompanied by a section 88B
instrument—for each affecting interest to be created, irrespective of
the number of lots burdened or benefited, and
1.2618
(f)
if the plan is accompanied by a section 88B
instrument—for each easement to be released, irrespective of the number
of lots burdened or benefited, and
1.2618
(g)
if the plan is a strata plan of
consolidation—for each folio of the Register to be
consolidated
1.2618
2
On lodgment of a
strata management statement
3.4254
3
On lodgment for
registration of a strata development contract
3.4254
4
On lodgment of a
substituted plan or any sheet of such a plan
1.2618
5
On lodgment of an
application to amend a plan—
(a)
for lodgment of the application,
and
1.2618
(b)
if the application involves the amendment of a
folio of the Register—
(i)
for the first folio,
and
1.2618
(ii)
for each folio after the
first
0.1296
6
For examining a
plan before lodgment—for each lot shown on the plan
2.9227
Dealings, applications and
requests
7
On lodgment of a
notification of change of by-laws
1.2655
8
On lodgment of a
notice of conversion
1.2655
9
On lodgment of a
notification of change of address for service of notices on an owners
corporation
1.2655
10
On lodgment of an
order varying a strata scheme
1.2655
11
On lodgment of an
application for an order terminating a strata scheme
1.2655
12
On lodgment of an
order terminating a strata scheme
1.2655
13
On lodgment of a
certificate given by an owners corporation pursuant to clause 10 (1) (a) of
this Regulation
1.2655
14
On lodgment for
registration of an amendment to a strata development contract
1.2655
15
On lodgment of any
document not otherwise referred to in this Schedule
1.2655
Digital images
16
For supplying a
digital image (other than a certified copy) of a document or part of a
document in the custody of the Registrar-General to any person attending an
office—
(a)
for supplying the document,
and
0.1296
(b)
if the document is a copy of a registered plan or
part of a registered plan—for copyright
purposes
See clause
6
17
For supplying a
digital image (other than a certified copy) of a document or part of a
document in the custody of the Registrar-General by electronic
means—
(a)
for supplying the document,
and
0.0867
(b)
if the document is a copy of a registered plan or
part of a registered plan—for copyright
purposes
See clause
6
Requisition sent by
Registrar-General
18
For a requisition
sent (on or after 1 January 2017) by the Registrar-General requiring
correction, re-execution or the supply of additional information in support
of—
(a)
a plan or associated instrument lodged for
registration or recording, or
0.9258
(b)
a dealing, application or request lodged for
registration or recording
0.4629
2Lodgment of a section 88B instrument in substitution
for other instrument
The fee on lodgment of a section 88B instrument
in substitution for another such instrument or part of such instrument is the
fee that would be appropriate to the instrument as an original lodgment
fee.
3Time for payment of fee
A fee is payable before the service to which the
fee relates is provided or at such time, and in accordance with such
conditions, as the Registrar-General may agree with the person paying the
fee.
Part 2Adjustment of fees for inflation
4Definitions
In this Part—
CPI number means the Consumer
Price Index (All Groups Index) for Sydney published by the Australian Bureau
of Statistics in the latest published series of that index.
financial year means a
period of 12 months commencing on 1 July.
5Calculation of fee unit for purposes of
Regulation
(1)
For the purposes of this Regulation, a fee unit is—
(a)
in the financial year 2017/2018—$100,
and
(b)
in each subsequent financial year—the
amount calculated as follows—
where—
A is the CPI
number for the March quarter in the financial year immediately preceding the
financial year for which the amount is calculated.
B is the CPI
number for the March quarter of 2017.
(2)
The amount of a fee unit and the amount of a fee
calculated by reference to a fee unit is to be rounded to the nearest cent
(and an amount of 0.5 cent is to be rounded down).
(3)
However, if the amount of a fee unit calculated
for any financial year is less than the amount that applied for the previous
financial year, then the amount for that previous financial year applies
instead.
Editorial note—
Fee unit amount calculated under this
clause—
Financial
year
Fee unit
amount
2018–19
$102.07
2019–20
$103.41
2020–21
$105.48
2021–22
$106.47
2022–23
$111.14
6Adjustment of fees relating to
copyright
(1)
The fee amount that is to apply for the 2017/2018
financial year in relation to the fee described in—
(a)
item 16 (b) of Part 1 is $0.94,
and
(b)
item 17 (b) of Part 1 is
$1.14.
(2)
The fee amount for those fees that is to apply
for a financial year subsequent to the 2017/2018 financial year is the amount
calculated in accordance with the formulae set out in Schedule A to the Order
made by the Copyright Tribunal of Australia on 28 October 2013 in the matter
of Copyright Agency Limited v
State of New South Wales (a copy of which is published on
the website of the Office of the Registrar General).
7Notice of indexed fees
(1)
As soon as practicable after the CPI number for
the March quarter is first published by the Australian Statistician, the
Registrar-General is required to publish on the NSW legislation website a
notice of the amount of the fee unit for the next financial year. That notice
may be published by the addition of an editorial note relating to the amount
of the fee unit in the in force version of this Regulation published on the
NSW legislation website.
(2)
The Registrar-General is also required to give
public notice on an appropriate government website of the actual amounts of
the fees applying in each financial year resulting from the application of the
amount of fee unit calculated or the operation of clause 6 (2) under this
Part.
(3)
This Part operates to change an amount of a fee
that is calculated by reference to a fee unit and that change is not dependent
on the publication of a notice by the Registrar-General under this
clause.
sch 7: Subst 2017
(101), Sch 1 [7]. Am 2017 (187), cl 3; 2021 No 10, Sch
3.22[1]–[3].
Schedule 8
sch 8: Rep 2018 No
25, Sch 6.
Historical notes
Table of amending instruments
Strata Schemes
Development Regulation 2016 (659). LW 4.11.2016. Date of
commencement, 30.11.2016, cl 2. This Regulation has been amended as
follows—
2017
(101)
Strata Schemes Development Amendment
(LPI Authorised Transaction) Regulation 2017. LW
24.3.2017.
Date of commencement of Sch 1 [1]–[6], 19.5.2017,
cl 2 (1); date of commencement of Sch 1 [7], 1.7.2017, cl 2
(2).
(187)
Strata Schemes Development Amendment
(Fees) Regulation 2017. LW 12.5.2017.
Date of commencement, 1.7.2017, cl
2.
2018
No 25
Statute Law (Miscellaneous
Provisions) Act 2018. Assented to 15.6.2018.
Date of commencement of Sch 6, 14 days after assent, sec
2 (1).
No 63
Building and Development
Certifiers Act 2018. Assented to 31.10.2018.
Date of commencement, 1.7.2020, sec 2 and 2020 (77) LW
4.3.2020.
2021
No 10
Real Property Amendment (Certificates
of Title) Act 2021. Assented to 24.5.2021.
Date of commencement of Sch 3, 11.10.2021, sec 2(1) and
2021 (476) LW 27.8.2021.
Table of amendments
Cl 3
Am 2017 (101), Sch 1
[1].
Cl 4
Am 2017 (101), Sch 1
[2] [3].
Cll 5, 6
Rep 2017 (101), Sch 1
[4].
Cl 17
Am 2018 No 63, Sch
3.14[1].
Cl 18
Am 2018 No 63, Sch
3.14[2] [3].
Cl 19
Am 2018 No 63, Sch
3.14[4].
Cll 22,
23
Rep 2017 (101), Sch 1
[4].
Part 7 (cl
38)
Rep 2017 (101), Sch 1
[5].
Schs
1–5
Rep 2017 (101), Sch 1
[6].
Sch 7
Subst 2017 (101), Sch
1 [7]. Am 2017 (187), cl 3; 2021 No 10, Sch
3.22[1]–[3].
Sch 8
Rep 2018 No 25, Sch
6.