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Terry Hawser A/Lead Consultant Strata Subdivisions Assistant Registrar of Titles Landgate

SSSIWA/SWAGSS/LSLB SOUTH WEST SEMINAR 2011 Issues impacting on Strata Developments Friday 25th November 2011 Lighthouse Hotel Carey Street Bunbury. Presenter. Terry Hawser A/Lead Consultant Strata Subdivisions Assistant Registrar of Titles Landgate. Program.

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Terry Hawser A/Lead Consultant Strata Subdivisions Assistant Registrar of Titles Landgate

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  1. SSSIWA/SWAGSS/LSLB SOUTH WEST SEMINAR 2011 Issues impacting on Strata Developments Friday 25th November 2011 Lighthouse Hotel Carey Street Bunbury

  2. Presenter Terry Hawser A/Lead Consultant Strata Subdivisions Assistant Registrar of Titles Landgate

  3. Program • Strata Plan Lodgement Statistics & Trends • Community Titles Advisory Committee (CTAC) amendments • Tenure Legislation Review (TLR) proposals • Update of Strata Titles General Amendment Regulations (No. 2) 2011 • Update on Building Act 2011 • Update on Interactive Electronic Strata Forms 7 & 26 in 2012 • General Strata Issues • Any Questions?

  4. Lodgement Statistics (Financial Year)

  5. Community Titles Advisory Committee (CTAC) • Landgate targets to amend Strata Titles Act 1. Amend insurance provisions 2. Amend termination provisions for Strata/Survey-Strata Schemes 3. Convert By-laws to Community Management Statements (CMS) 4. Miscellaneous minor amendments • Current situation 1. Amendments currently with Parliamentary Counsel Office (PCO) 2. Landgate working group reviewing PCO drafter’s comments

  6. Tenure Legislation Review (TLR) Drafting proposals of layered schemes and other reforms – April 2011 • Layered Schemes • Leasehold Schemes • Information disclosure • Amendment of Management Statements – Regulations 36 & 37

  7. Update Strata Titles General Amendment Regulations (No.2) 2011 • Amendment Regulations gazetted 2 September 2011 • Notice to Surveyors T3/2011 issued 15 September 2011 • 37A – Link word “or” between regulations 37A(1)(a) and 37A(1)(b) changed to “and” to make the regulation conjunctive • 37AA(a) – changed “part of a single tier scheme” to “a single tier building” – see example Strata Plan 341 Registered July 1970

  8. Example where Regulation 37AA works with section 3(2)(b) Strata Titles Act – see Strata 341 Ground Floor First Floor Second Floor Lots 1- 6 Multi Tier Building Lot 7 Single Tier Building Note: Ambiguous Vinculums

  9. Update on Building Act 2011 (BA) Commencement dates: Royal Assent for s1, 2 & 3 BA – 11 July 2011 Commencement day – the day s174 BA comes into operation 1 January 2012 Important Sections of Building Act: s 50 – Occupancy Permits & Building Approval Certificates s 61- Approved Forms s 76 – No encroachment without consent or court order s 86 – Application for court orders if no consent s 121 – Application to State Administrative Tribunal for a “review” s 174 – Consequential amendments & Part VIII Transitional Provisions specific to the Strata Titles Act

  10. Building Approval Certificate – Strata (sample)

  11. Interactive Electronic Strata Forms 7 & 26 in 2012 Project commenced September 2010 with the aim to: • Eliminate hard copy archival forms – refer Notice to Surveyors T3/2010 • Eliminate poor quality scanned pdf forms • Avoid loss or misplaced forms • Save time in the delivery of forms Current situation • Implementation will depend on commencement of Building Act • New Occupancy Permits & Building Approval Certificates to be prepared

  12. General Strata & Plan Issues Reminders for Surveyors: • Surveyor’s Report - include relevant correspondence • Legfix (RICs) – set out details of errors in Statutory Declaration • Send all Landgate correspondence relating to plans to plan.reg@landgate.wa.gov.au • The power of Re-subdivisions • Can create vesting lots • Can create roads & road widenings • Can show sketches for easements to be created after registration • Cannot create Reg 14 STGR & s136C TLA easements

  13. End of PresentationThank youAny Questions?

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