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Strata Subdivision and Common Property

  • Writer: Adrian Barden
    Adrian Barden
  • Mar 6, 2020
  • 1 min read

Updated: Jan 22, 2022

The common property title has the same reference number regardless of the number of subdivisions that are undertaken in the scheme. Lot 2 in the original three lot strata SP123 was subdivided by SP789 to create lot 4 and 5. Each initial strata scheme must start with lot 1 and be sequential.

If you looked at the common property title for the above example, lot 2 would be listed in the unit entitlements as being SP789. There would then be a further listing for the unit entitlements of lot 4 and lot 5 under the heading Strata Plan 789.

To subdivide lots and common property you will need a special resolution form the owners corporation. A statement from the strata manager that the special resolution was made needs to be registered with the plan. This is done on Approved Form 3.08 using form 12 and form 23.

Talk to your local registered surveyor about the process of strata subdivision.

 
 
 

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Disclaimer: all the articles and blogs on this website are of a general nature and are intended as a guide only.  You should seek independent professional legal advice before taking any action based on any of the information stored on this website.  Information on this website must not be substituted or construed as legal advice.  The owner of this website will not be held responsible for any action taken in regard to the information herein or for any externally referenced material.  For specific information regarding strata refer to LRS NSW.  This website only covers the requirements within NSW.  For information on other jurisdictions please refer to the legislation website in your State or Territory.  Always engage the services of a legal practitioner with expertise in Strata.

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