A Strata Scheme enables the division of land and buildings into lots and common property.
Lots can include units (house, warehouse etc), car spaces and garages. A strata title enables individual ownership of each lot in the scheme. Common Property is everything that is NOT contained in any strata lot, such as common stairwells, driveways, visitor parking and shared service infrastructure such as cables and pipes. The common property is owned and managed by the Body Corporate which comprises of all the lot owners.
The Department of Primary Industries provides more detailed information on Strata Titles and Strata living in Tasmania. Legislation governing Strata Title is the Strata Titles Act 1998.
Council approval of a strata plan is required before the Recorder of Titles will register a strata plan.
Strata Plan Application
To apply for approval of a strata plan, you will first need to engage a Land Surveyor to prepare it. The strata plan will show individual lots and any common property.
The strata plan is then lodged with Council. Please ensure the following for:
- New Buildings: Council requires Building and Plumbing Completion Certificates (associated with Building and Plumbing Applications) to have been issued.
- Existing Buildings: A building report from an Accredited Building Surveyor will be required. A building report is needed to ensure the buildings substantially comply with the Building Act 2000.
Fees associated with Strata Plan applications and associated issues can be see here.
After the strata application is lodged with Council, our officers will inspect the site to ensure requirements of the planning scheme and conditions of associated planning permits have been complied with. The applicant (yourself or your Land Surveyor) would be notified if any further information or work is required
Once everything is complete the strata plan is signed by Council and returned to the applicant The applicant (or the applicant's solicitor) can then lodge the Strata Plan with the Land Titles Office for registration.
A final plan can be prepared by a land surveyor once a planning permit has been issued and all conditions of the permit have been completed.
- A schedule of easements is required to accompany the final plan.
- A Land Surveyor submits the plan and schedule of easements to Council including associated fees (attach fees)
- Council provides Taswater with the plan and documentation for consent (Taswater fees may apply - see the organiation's website).
- The Plan is referred to Council officers for approval to insure that all conditions of the associated permit have been complied with.
- Once Council is satisfied the final plan and documents are compliant the plan is sealed.
- The plan is sent to the Land Titles Office for registration by Council or returned to the surveyor to lodge with the LTO.
For more information please refer to the appropriate Local Government (Building and Miscellaneous Provisions) Act 1993.
An owner may make an application to Council to join two or more adjoining land titles. Titles being adhered must be under the same ownership
Application to be prepared by a solicitor or land surveyor and should include Blank Instrument Form for lodgement at the Land Titles Office (LTO).
More information can be found via the Local Government (Building and Miscellaneous Provisions) Act 1993 and via the State Government's legislative branch.
A Section 71 Agreement is a legal agreement between Council and land owner/s. It is often in relation to the use and development of the land and can be a condition of a Planning Permit.
The Agreement is prepared by a solicitor and should include a LUA form and Land Titles Office (LTO) fee. Lodgement information, forms and fees, can be accessed here.
To obtain a copy of the LUA form please contact the LTO.
Council will register the signed agreement with the LTO on the owner's behalf. Council's preferred template for a Section 71 Agreement is available here(PDF, 31KB). Before the agreement is provided to Council for signing it needs be signed by all owners including the mortgagee.
More information can be found via the Land Use Planning and Approvals Act 1993, Section 71 or via the State Government's legislative branch.
If an owner wants to amend a sealed plan they must make a petition to Council stating why. For example: the amendment or deletion of covenants, easements and notations.
Parties affected by the proposed amendment must be notified and are given the opportunity to object to the petition. The petition should be prepared by a solicitor and include a Blank Instrument Form for lodgement at the Land Titles Office.
For more information please refer to the Local Government Act 1993, Section 103 as well as Council Fees(PDF, 572KB).
For all Statutory enquiries please contact Abby Osborne on 6323 3000 or via email email@example.com