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

SSSIWA/SWAGSS/LSLB SOUTH WEST SEMINAR 2011 Page 2 Terry Hawser A/Lead Consultant Strata Subdivisions Assistant Registrar of Titles Landgate Presenter

SSSIWA/SWAGSS/LSLB SOUTH WEST SEMINAR 2011 Page 3 1.Strata Plan Lodgement Statistics & Trends 2.Community Titles Advisory Committee (CTAC) amendments 3.Tenure Legislation Review (TLR) proposals 4.Update of Strata Titles General Amendment Regulations (No. 2) Update on Building Act Update on Interactive Electronic Strata Forms 7 & 26 in General Strata Issues 8.Any Questions? Program

SSSIWA/SWAGSS/LSLB SOUTH WEST SEMINAR 2011 Page 4 Lodgement Statistics (Financial Year) YEAR PLANS LODGED TOTAL STRATA LOTS , , , est 2050est 8900

SSSIWA/SWAGSS/LSLB SOUTH WEST SEMINAR 2011 Page 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

SSSIWA/SWAGSS/LSLB SOUTH WEST SEMINAR 2011 Page 6 Tenure Legislation Review (TLR) Drafting proposals of layered schemes and other reforms – April Layered Schemes 2.Leasehold Schemes 3.Information disclosure 4.Amendment of Management Statements – Regulations 36 & 37

SSSIWA/SWAGSS/LSLB SOUTH WEST SEMINAR 2011 Page 7 Update Strata Titles General Amendment Regulations (No.2) Amendment Regulations gazetted 2 September Notice to Surveyors T3/2011 issued 15 September A – 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

SSSIWA/SWAGSS/LSLB SOUTH WEST SEMINAR 2011 Page 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

SSSIWA/SWAGSS/LSLB SOUTH WEST SEMINAR 2011 Page 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

SSSIWA/SWAGSS/LSLB SOUTH WEST SEMINAR 2011 Page 10 Building Approval Certificate – Strata (sample)

SSSIWA/SWAGSS/LSLB SOUTH WEST SEMINAR 2011 Page 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

SSSIWA/SWAGSS/LSLB SOUTH WEST SEMINAR 2011 Page 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 The power of Re-subdivisions 1.Can create vesting lots 2.Can create roads & road widenings 3.Can show sketches for easements to be created after registration 4.Cannot create Reg 14 STGR & s136C TLA easements

SSSIWA/SWAGSS/LSLB SOUTH WEST SEMINAR 2011 Page 13 End of Presentation Thank you Any Questions?