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Strata Title Regulations

Commencement: 24 March 2003

STRATA TITLE REGULATIONS

Order 10 of 2003

Order 23 of 2004

ARRANGEMENTS OF REGULATIONS

PART 1 − POWER AND DUTIES OF DIRECTOR OF LAND RECORDS
Duties
Powers

PART 2 − PLANS
Register
Drawing of Plan
Plan Requirements
Lot Plan
Location Plan
Survey Information
Strata Plan Registration
Amendment of Strata Plan
Plan Re - Subdivision
Strata Plan – Additional Sheet
Plan Alteration
Easement and Restrictive Agreement
Schedule of Unit Entitlement
Termination of the Strata Plan

PART 3 − INSTRUMENTS
Definition
Instrument Requirements
Instrument Lodgement

PART 4 − BODY CORPORATE
Other Risks to be insured
Affixing Common Seal
Levies
Meetings
23A. Administrative Matters and Funds

PART 5 − VALUATION AND FEES
Valuation under section 20(3) of the Act
Fees

PART 6 − LEASE
26 Registration of Strata Plan – Effect on Lease
27 Implied Provisions in Lease

PART 7 − OTHER MATTERS
28 Forms
29 Disputes
30 Interpretation

SCHEDULE 1 – By-Laws
SCHEDULE 2 – Forms

PART 1 – POWER AND DUTIES OF DIRECTOR OF LAND RECORDS
1. Duties
The Director of Land Records may, subject to and for the purposes of the Act, register a plan or other instrument lodged for registration in his office.

2. Powers

(1) The Director of Land Records may cause a copy of any plan to be prepared and certified in form 18 as a true copy.

(2) The copy has, for all purposes, the same validity and effect as the original plan to which it relates and is deemed to be an original document.

(3) The Director of Land Records may destroy any copy of a plan which he has caused to be made under subregulation (1).

PART 2 – PLANS

3. Register

(1) Only a surveyor registered under the Land Surveyors Act [Cap. 175] may prepare a strata plan.

(2) The Director of Land Records must keep a register of strata plans which have been registered under the Act, to be known as “the Strata Plan Register”, and must record therein, in such manner as he may determine, particulars of all registrations of strata plans.

(3) The certificates of title to be issued pursuant to section 2(2)(b) of the Act:

• (a) for each lot must be consistent with form 11; and
  
• (b) for the common property must be consistent with form 12.
  

(4) A plan recorded in the Strata Plan Register must be allocated a progressive number on lodgement and for the purpose of reference to it in the Strata Plan Register may be identified by that number, prefaced by the words “Strata Plan” or the initials “S.P.” If the Director of Land Records thinks it appropriate to do so, a plan may be further identified in such manner as he may direct.

(5) An application for registration of a plan as a strata plan must be in form 19 and must indicate the name, in full, of the lessee of the land, the name of the person on whose behalf the plan is being lodged and the name and full postal address of the person by whom the plan is being lodged.

(6) An application must be produced by hand to the office of the Director of Land Records accompanied by:

two prints of each sheet of the plan (the prints to be positive reproductions on a light background); and

(b) either:

(i) in the case of a plan lodged for registration as a strata plan – the lease for the land comprising the parcel; or

(ii) in the case of a strata plan of re-subdivision or any amendment of the strata plan – the certificates of title for the lots and for the common property in the strata scheme; and

(c) the prescribed fee.

(7) The Director of Land Records may inspect, to the extent that he thinks fit, any plan presented for lodgement as a strata plan and may refuse to accept any such plan which is not, in respect of the matters inspected, in registrable form when so presented.

(8) The right of the Director of Land Records to make any such inspection operates in addition to and not in derogation of his right to subsequently notify to the persons concerned any matters which may arise in the course of registration.

(9) Registration of a plan lodged in the office of the Director of Land Records for registration as a strata plan, must be effected by notifying on the plan under the seal of the Director of Land Records the fact and date of the registration in form 20.

(10) A plan presented for registration substantially in accordance with a plan set out in form 14, 15 or 16 is deemed to be prepared in accordance with and to comply with the provisions of the Act and these regulations and to be in order for registration. Nothing in this regulation prevents any other plan from being in order for registration if it complies with the Act and these regulations.

4. Drawing of Plan

(1) A plan lodged in the office of the Director of Land Records for registration as a strata plan must be drawn on one side of a plan sheet only, and must be drawn on a matt surface on:

(a) tracing linen of good quality; or

(b) polyester film or some other medium approved by the Director of Land Records.

(2) Each sheet of a plan referred to in subregulation (1):

• (a) must be free from blemishes and creases; and
  
• (b) must have except as provided in subregulation (3) external dimensions of 420 millimetres by 297 millimetres (standard A3 size); and
  
• (c) must have a surrounding margin of 10 millimetres, and no printing, writing or other notation (other than directions or notations by Land Records) must appear in, or extend into, any such margin.
  

(3) Despite subregulations (1) and (2), any sheet of a plan referred to in subregulation (1) which compromises the whole or part of a schedule of unit entitlement and no other matter may comply with the requirements of regulation 18.

(4) The first of the sheets referred to in subregulation (2) must be numbered as sheet two of the plan referred to in subregulation (1) and any further such sheet must be numbered progressively.

(5) The first sheet of a plan lodged for registration as a strata plan which comprises a floor plan must receive a number next following the last number allocated to a sheet referred to in subregulation (2) and any further sheet comprising a floor plan must be numbered progressively.

(6) A plan referred to in subregulation (1) must comply with the other provisions in these regulations.

5. Plan Requirements
A plan lodged in the office of the Director of Land Records for registration as a strata plan must comply with the following requirements:

(a) all linear dimensions:

(i) of lots must be shown on the plan; and

(ii) must be expressed in metres and not in any other unit of measurement of length (whether or not related to the metre), without the use of any symbol or abbreviation to represent the metre;

(b) if a linear dimension of less than one metre is shown – the decimal point must be preceded by “0”;

(c) “0” must not be shown as the last character of a linear dimension to the right of the decimal point;

(d) linear dimensions may be expressed as follows:

(i) if 50 metres or less – to the nearest 0.005 metres;

(ii) if more than 50 metres but not more than 500 metres – to the nearest 0.01 metre;

(iii) if more than 500 metres–to the nearest 0.1 metre;

(e) all areas shown on the plan:

(i) of less than one hectare must be expressed in square metres (to the nearest square metre); and

(ii) of one hectare or more must be expressed in hectares (using not more than four significant figures);

and not in any other unit of measurement of area (whether or not related to the square metre or hectare, as the case may be);

(f) the expression of an area on the plan must be accompanied by the following symbols:

m² (in relation to square metres);

ha (in relation to hectares);

(g) the reduction ratio at which the plan is drawn must be one of the following ratios (or multiples of powers of ten of those ratios):

1:50;

1:100;

1:125;

1:200;

1:250;

1:300;

1:750;

(h) all words, letters, figures and symbols appearing on the plan must, except where the Director of Land Records otherwise approves, be:

(i) shown in capital letters, except as provided in paragraph (f); and

(ii) open in formation and construction;

(i) bearings must not be shown on any sheet of a plan lodged in the office of the Director of Land Records for registration as a strata plan except where forming part of specified survey information referred to in regulation 8;

(j) angular relationships must be established by linear dimensions and rectangular offsets only and not by the use of angular dimension except in the case of an angular dimension of 90º which may be shown as such on a floor plan;

(k) the total area of a lot in a plan lodged in the office of the Director of Land Records for registration as a strata plan must:

(i) be shown within or relevant to the most significant part of the lot; and

(ii) be the exact mathematical total of the areas shown elsewhere in the plan within or relevant to the component parts of the lot.

6. Lot Plan
(1) A lot plan must be drawn showing the following:

(a) the north point, which must be directed upwards;

(b) the reduction ratio to which the plan is drawn, being a reduction ratio which will allow all details and notations to be clearly shown;

(c) by continuous lines, the boundaries of lots or whole separate parts of lots, in a manner whereby boundaries defined by walls or other structural features are clearly distinguished from boundaries defined by lines only;

(d) where the boundary of a lot is defined by reference to the surface of a wall − linear connections to that surface and such linear dimensions of that boundary necessary to define that boundary;

(e) where the boundary of a lot is defined by reference to the surface of a floor or ceiling – such vertical connections and notations as are necessary to define that boundary;

(ea) where the boundaries of a lot are not defined by reference to a building or other structural feature, such notations as are necessary to define the boundaries;

(f) notations sufficient to ensure that each cubic space forming the whole of a lot or a whole separate part of a lot is fully defined.

(2) (Repealed)

(3) (Repealed)

7. Location Plan
A location plan must be drawn showing the following:

(a) the north point, which must be directed upwards;

(b) the external boundaries and the lengths of the external boundaries of the parcel which, if the plan is to be registered over the entire area which is subject to the relevant approved lease, will be identical with the external boundaries on the plan showing the area subject to the relevant approved lease area;

(c) the reduction ratio to which the plan is drawn, being a reduction ratio which will allow all details and notations to be clearly shown;

(d) where there are lots contained within a building, the projection onto a horizontal plane of the external limits of:

(i) the building;

(ii) any other structural feature used in the plan to define boundaries of lots or parts of lots; and

(iii) any lots or parts of lots not within the building;

where there are lots contained within a building and if:

(i) any part of the building is within 2 metres of a boundary of the parcel; or

(ii) in the case of a lot which is not within the building but is defined by linear measurement from a part of the building or from a part of some other structural feature – any part of that lot is within 2 metres of a boundary of the parcel;

the perpendicular distance from that part of the building or of the structural feature to that boundary of the parcel;

(ea) where there are lots that are not defined by reference to a building or other structural feature, the boundaries of the lots;

(f) the identity of:

(i) the strata plan by reference to the name of the strata plan, street number (if available), the material of its external construction and the number of floors or levels; and

(ii) any other structural feature used in the plan to define lots or parts of lots, by reference to its nature and the material of its construction;

(g) the identity of all adjoining lands;

(h) sufficient information under regulation 14 to define the site of:

(i) any easement or restrictive agreement intended to be created upon registration of the plan; and

(ii) any easement or restrictive agreement which at the time of registration of the plan is intended to be created in the future;

and to show the relationship of any such sites to the boundaries of the parcel;

(i) the site, nature and origin of any existing easement or restrictive agreement affecting the parcel and sufficient information to define such site and show its relationship to the boundaries of the parcel;

(j) where any encroachment exists in respect of a wall – the relationship of the inner surface of the wall to the parcel boundary beyond which the wall encroaches.

8. Survey Information

(1) The Director of Lands Records may permit specified survey information sufficient to define:

(a) the boundaries of Lots, which are not defined by reference to a building or other structural feature; and

(b) the perimeter of a parcel to be shown on a location plan.

(2) A plan lodged in the office of the Director of Land Records for registration as a strata plan must contain:

a certificate by a surveyor in form 3; and

(b) after agreement under subregulation (4) – a certificate in form 21.

(3) Until agreement under subregulation (4) is reached, the surveyor who provides the certificate under subregulation (2)(a) must, when the plan is lodged for registration as a strata plan, lodge with the Director of Land Records two plans drawn in accordance with regulation 4 signed by the lessee under the lease of the relevant land together with the following:

(a) the certificate endorsed under regulation 9(2);

(b) the certificate endorsed under subregulation (2)(a) of this regulation;

(c) the appropriate fee for registration of the strata plan;

(d) the application referred to in regulation 3(5).

(4) If the Land Surveyors Board created under section 4(1) of the Land Surveyors Act [Cap. 175] unanimously agrees, this subregulation and subregulations (5) and (6) apply instead of subregulation (3), the surveyor who provides the certificate under subregulation (2)(a) must first lodge with the Director of the Department of Land Surveys:

two plans drawn in accordance with regulation 4 signed by the lessee under the lease of the relevant land together with

(i) the certificate endorsed under regulation 9(2); and

(ii) the certificate endorsed under subregulation (2)(a) of this regulation, and

the fee for checking and approval of that plan by the Surveyor General and the Director of the Department of Land Surveys.

(5) As soon as possible after being satisfied that the plans comply with the Act and these regulations, the Surveyor General and the Director of the Department of Land Surveys must:

(a) provide the certification under subregulation (2)(b) of this regulation, in the form set out in form 21; and

(b) return to the surveyor who lodged them the two plans endorsed with that certification together with the certificates endorsed under regulation 9(2) and subregulation (2)(a) of this regulation.

(6) When the plan is lodged for registration as a strata plan, the surveyor must lodge the two plans with the Director of Land Records signed by the lessee under the lease of the relevant land together with the following:

(a) the certificate endorsed under regulation 9(2);

(b) the certificate endorsed under subregulation (2)(a) of this regulation;

(c) the certificate endorsed under subregulation (2)(b) of this regulation;

(d) the appropriate fee for registration of the strata plan;

(e) the application referred to in regulation 3(5).

(7) After registering the strata plan, the Director of Land Records must:

(a) deliver one of the plans to the Director of the Department of Land Surveys with the relevant strata plan number endorsed; and

(b) retain one of those plans in the Strata Plan Register.

9. Strata Plan Registration
(1) A plan lodged in the office of the Director of Land Records for registration as a strata plan must include:

(a) a first sheet laid out in conformity with form 1 which will consist of, or on which are endorsed, or which is accompanied by:

• (i) the matters referred to in section 4 of the Act; and
  
• (ii) a statement containing such particulars as may be necessary to identify the parcel; and
  

(b) each lot numbered consecutively commencing with lot 1 and terminating with a lot number corresponding with the total number of lots comprised in the plan; and

(c) where a numbered lot is shown as consisting of more than one part – each part described as part of that numbered lot.

(2) A plan lodged in the office of the Director of Land Records for registration as a strata plan must contain a certificate in form 13 by the consent authority pursuant to paragraph 4(3)(b) of the Act.

10. Amendment of Strata Plan
A plan lodged in the office of the Director of Land Records for registration as an amendment of a strata plan must include:

(a) a first sheet in conformity with form 1 on which are set out:

• (i) the name of the body corporate formed on registration of the strata plan to be amended; and
  
• (ii) a statement containing such particulars as may be necessary to identify the parcel; and
  

(b) where necessary, additional sheets numbered progressively.

11. Plan of Re-Subdivision
A plan lodged in the office of the Director of Land Records for registration as a strata plan of re-subdivision must include:

(a) a first sheet in conformity with form 1 on which are set out:

(i) the name of the body corporate formed on registration of the strata plan whose parcel is to be resubdivided; and

(ii) a statement containing such particulars as may be necessary to identify the parcel; and

(b) the lots numbered consecutively, the lowest lot number being greater by one than the highest number of any lot in the existing strata plan; and

(c) where a numbered lot is shown as consisting of more than one part – each part described as part of that numbered lot.

12. Strata Plan – Additional Sheet
Each additional sheet of a plan lodged in the office of the Director of Land Records for registration as a strata plan must:

(a) be endorsed in the top right corner – “Sheet ....... of ........ sheets”; and

(b) be signed by the clerk of the consent authority and, except in the case of a sheet showing only a schedule of proposed unit entitlement, by the registered surveyor; and

(c) be in conformity with form 2 except where the additional sheet is a sheet referred to in regulation 4(1) which complies with the requirements of regulation 18.

13. Plan Alteration
(1) A sheet of a plan lodged in the office of the Director of Land Records for registration as a strata plan must be:

(a) altered only by striking through the matter intended to be altered and not by rubbing, scraping or cutting the surface of the sheet; and

(b) replaced if, in the opinion of the Director of Land Records, any alteration will render it unsuitable for copying by photographic or similar means.

(2) An alteration to a sheet of a plan lodged in the office of the Director of Land Records for registration as a strata plan must be authenticated:

(a) by the surveyor, except in the case of a sheet showing only the whole or a part of a schedule of proposed unit entitlement; and

(b) by the appropriate consent authority if the alteration concerns the definition of a lot boundary or affects the proportional unit entitlement of any lot in the strata plan.

14. Easement and Restrictive Agreement
(1) In any plan lodged in the office of the Director of Land Records for registration as a strata plan which, upon registration, is intended to create an easement or restrictive agreement:

(a) the site of the easement or restrictive agreement must be indicated in the plan drawing area, together with sufficient indication of the nature of the easement or restrictive agreement to distinguish it from any other easement or restrictive agreement intended to be created upon registration of the plan; and

(b) a statement of intention to create such easement or restrictive agreement must be legibly printed in dense black waterproof ink in the panel provided for that purpose on the first sheet referred to in regulation 11(a); and

(c) a statement referred to in subregulation (1)(b) must not incorporate the text of the easement or restrictive agreement nor specify the land intended to be benefited or burdened thereby.

(2) A plan referred to in subregulation (1) must be accompanied by an instrument in the form prescribed by the Director of Land Records setting out the terms of that easement or restrictive agreement.

15. Schedule of Unit Entitlement
(1) A schedule of unit entitlement must:

(a) contain a reference, set out in vertical columns in numerical sequence, to the number of each lot in the strata plan; and

(b) have set out opposite each lot number, in whole numbers, the proposed unit entitlement of that lot; and

(c) show a proposed aggregate unit entitlement, which must be the numerical total of the proposed unit entitlement of all lots in the strata plan.

(2) Despite subregulation (1), the references to successively numbered lots having the same unit entitlement may be grouped in abbreviated form instead of being set out in vertical columns.

(3) A Schedule of Unit Entitlement contained in a registered Strata Plan may only be amended by resolution without dissent.

(4) If a Schedule of Unit Entitlement is amended, the Body Corporate shall cause an amendment of the strata plan to be lodged in the office of the Director of Land Records in accordance with regulation 10.

16. Termination of the Strata Plan
Upon receipt of a certified or office copy of the minute of an order made under section 19 of the Act, or a notification under section 12 of the Act, the Director of Land Records must:

(a) make an appropriate recording in the Strata Plan Register to give effect to the order or notification; and

(b) cancel the certificates of title which evidence title to the lots and common property the subject of the strata plan.

(c) (repealed)

PART 3 – INSTRUMENTS

17. Definition
In this Part, “instrument” means an instrument, in a form prescribed by these regulations, or required or authorised by the Act or these regulations, to be lodged in the office of the Director of Land Records, but does not include:

(a) any sheet of a plan in form 1 or form 2; and

(b) a certificate or other matter if it is endorsed upon a sheet of a plan referred to in regulation 17(1)(a); and

(c) an instrument referred to in regulation 14(2).

18. Instrument Requirements
(1) An instrument must comply with the following requirements:

(a) the text must be printed or written across the width of each sheet of paper used and each such sheet must have clear margins:

(i) on its face of not less than 38 millimetres (on the left-hand side) and 13 millimetres (on the right-hand side, at the top and at the bottom); and

(ii) on its reverse side of not less than 38 millimetres (on the right-hand side) and 13 millimetres (on the right-hand side, at the top and at the bottom);

(b) each sheet must be:

(i) free from creases, blemishes and discolouration; and

(ii) 394 millimetres in length by 254 millimetres in width;

(c) handwriting and any imprint of a seal must be clear and legible and in permanent black non-copying ink;

(d) typewriting may be used provided a dense black non-copying record ink is used and the lines of typewriting do not overlap;

(e) printing or writing must not extend into any margin;

(f) any alteration must be made by striking through the matter intended to be altered and not by rubbing, scraping or cutting the surface of the paper, and the alteration must be initialled or verified by the parties to the instrument;

(g) any annexure to an instrument must be:

(i) identified on the annexure itself as an annexure to the instrument; and

(ii) signed by the parties to the instrument (or, where a corporate body is a party, signed by a person who appears to have attested the affixing of the seal of the corporate body); and

(iii) referred to in the body of the instrument.

(2) Annexures may, where appropriate, be prepared by means of a photographic or similar process approved by the Director of Land Records and, if so prepared, must:

(a) so far as relevant comply with paragraphs (a), (b), (c), (d), (e) and (f) of subregulation (1); and

(b) in respect of any printing reproduced on the Annexure contain only printing which is permanent and legible with a dense black image free from excessive background; and

(c) be so prepared that the reproducing process does not affect the quality and permanence of the paper; and

(d) contain only original signatures, seals and initials.

19. Instrument Lodgement

(1) An instrument intended to be lodged in the office the Director of Land Records must be produced by hand to the proper officer and be accom-panied by the prescribed fee.

(2) A lease to be noted in accordance with section 11(7)(b) of the Act and an easement or restrictive agreement to be noted in accordance with section 13(7) of the Act must be noted in accordance with the Land Leases Act [Cap. 163].

(3) The Director of Land Records may refuse to accept for lodgement and recording any instrument which, in his opinion, does not comply with the provisions of regulation 18.

(4) A certificate by a surveyor given pursuant to regulation 8(2)(a) must be in form 3.

(5) A notice of destruction by a body corporate under section 12(1) of the Act must be in form 4.

(6) A notification of change of by-laws made by body corporate otherwise than pursuant to section 14 of the Act must be in form 5.

(7) A notification of change of by-laws made by a body corporate pursuant to section 14(5) of the Act must be in form 6.

(8) A certificate by a body corporate given pursuant to section 11(5) of the Act must be in form 7.

(9) A notification of change of address for service of notices on a body corporate must be in form 8.

(10) An attestation to the affixing of the common seal of a body corporate must be in form 9.

(11) A notice of a general meeting of a body corporate, other than the first annual general meeting may be in form 10.

(12) A transfer of a lot in a plan must be in form 17.

PART 4 – BODY CORPORATE

20. Other Risks to be insured

(1) In addition to insurance effected by a body corporate pursuant to section 16 of the Act, the body corporate must effect insurance:

• (a) in respect of any occurrence against which it is required by law to insure; and
  
• (b) in respect of damage to property, death or bodily injury occurring upon the common property; and
  
• (c) against the possibility of the proprietors becoming jointly liable by reason of a claim arising in respect of any other occurrence against which the body corporate, pursuant to a resolution, decides to insure.
  

(2) Insurance effected pursuant to subregulation (1)(b) must be for a cover of the greater of such amount as the body corporate decides or as is prescribed by the Minister from time to time.

(3) The body corporate may insure any property which it is not required to insure pursuant to the Act or this Part and in which it has an insurable interest.

21. Affixing Common Seal
The common seal of the body corporate is only to be affixed with the joint signatures of two proprietors agreed from time to time by resolution of the body corporate.

22. Levies

(1) Each proprietor must pay to the body corporate such levies as the body corporate reasonably requires to meet payments and expenses incurred by the body corporate from time to time.

(2) Without limiting subregulation (1), each proprietor must pay to the body corporate an amount equal to 0.2% of the net sale proceeds received by a proprietor from the sale of a lot in the strata plan with such amount to be paid on completion of that sale.

(3) The body corporate has a charge over each lot in the strata plan to secure the payment under subregulations (1) and (2).

(4) A proprietor of a lot must pay to the body corporate the amount notified in writing by the body corporate to the proprietor pursuant to subregulation (1) within 30 days.

(5) A proprietor of a lot shall pay to the body corporate all of the costs incurred by it in recovering any amounts owing by a proprietor of a lot pursuant to subregulations (1) and (2) (including legal fees on a solicitor and own client basis).

(6) The council may resolve to institute proceedings in a court to recover any moneys that a proprietor of a lot owes to the Body Corporate pursuant to subregulations (1), (2) and (5).

23. Meetings

(1) The lessees of the approved lease at the time the strata plan is registered must, in the name of the body corporate, call a meeting of the body corporate and that meeting must be held within 3 months after the date of registration of the strata plan.

(2) The body corporate must:

(a) meet at least once every twelve months calculated from the date of the meeting under subregulation (1) (“the Annual General Meeting”); and

(b) issue a notice in form 10 (subject to regulation 19(11)) at least 14 days before the due date for the meeting.

(3) Each proprietor and first mortgagee of a lot has the right to vote at a meeting, subject to the Act and subregulation (4).

(4) If a first mortgagee of a lot votes at a meeting, the proprietor of that lot has no right to vote on the same resolution or issue.

(5) The body corporate must keep a roll of proprietors and mortgagees of each lot in the strata plan to determine who has the right to vote at a meeting.

(6) The body corporate may, by ordinary resolution, decide all relevant matters at a meeting including the following:

• (a) the proprietors appointed to affix the common seal of the body corporate;
  
• (b) levies;
  
• (c) insurance;
  
• (d) the proprietors authorised to call the next meeting of the body corporate;
  

(e) the engagement of any person:

(i) as a body corporate administrator to provide administrative services to the body corporate, including the exercise of all or some of the functions of the council of the body corporate; or

(ii) as a resident manager to provide or supervise caretaking services to the common property or the lots, or both; or

(iii) as a letting agent to conduct a letting agent business consisting of letting of lots for the proprietors of lots in the strata plan; or

(iv) as a service contractor to provide any other services to the common property and/or the lots.

23A. Administrative Matters and Funds
(1) The terms of engagement of a person as mentioned in regulation 23(6)(e) must be for a minimum period of one year and must be in writing signed by both the body corporate and the person engaged.

(2) A body corporate administrator mentioned in regulation 23(6)(e)(i) must be a reputable and responsible person with no criminal convictions and must have demonstrated experience and resources to be able to administer the affairs of the body corporate.

(3) A letting agent mentioned in regulation 23(6)(e)(iii) must be appropriately licensed to carry on the business of letting on behalf of third parties and must operate or have access to a trust account, into which all moneys derived from the letting of lots in a strata plan must be banked.

(4) All moneys received on behalf of the body corporate must be banked into a bank account in the name of the body corporate.

The body corporate must establish an “Administrative Fund” and a “Capital Reserve Fund”.

The body corporate may only apply funds from the Capital Reserve Fund on items that are of a capital or a non-recurrent nature and all other spending of the body corporate must be met from the Administrative Fund.

A body corporate must determine and review each year the required expenditure from its:

(i) Administrative Fund; and

(ii) Capital Reserve Fund for the following ten year period,

and must ensure that a sufficient amount is levied on the proprietors to meet that expenditure.

PART 5 – VALUATION AND FEES

24. Valuation under section 20(3) of the Act
Pursuant to section 20(3) of the Act, this regulation prescribes that the valuing authority is required to make separate valuations of each lot in a strata plan.

25. Fees
(1) The following fees must be paid to the Director of Land Records in respect of the following matters:

(2) The following fees must be paid to the Director of the Department of Land Surveys in respect of the following matters if the Land Surveyors Board reaches unanimous agreement under regulation 8(4) and if regulation 8(3) no longer applies:

(c) for any plan which contains continual survey errors which causes the Director of the Department of Land Surveys to spend an unreasonable amount of time in checking and approving that plan – such additional amount as the Director of the Department of Land Surveys regards as reasonable and appropriate.

PART 6 – LEASE

26. Registration of Strata Plan – Effect on Lease
(1) On registration of any strata plan (other than a plan of re-subdivision of any lots in a strata plan registered under the Act or any amendment of the strata plan or plan of re-subdivision registered under the Act) the provisions set out in regulation 27 apply.

(2) Subregulation (1) applies, despite anything to the contrary in the lease of the land all or part of which is to be subdivided into lots by registration of the strata plan.

27. Implied Provisions in Lease

(1) (Repealed)

(2) The lessor under the lease has approved any change of use of the land subject to the lease arising from registration of the strata plan.

(3) The body corporate created on registration of the strata plan assumes the obligations of the lessee under the lease and is entitled to exercise the rights of the lessee under the lease.

(4) The body corporate must pay to the lessor under the lease the following:

• (a) Each year during the lease as additional rent a minimum amount of VT 10,000 by equal quarterly instalments with the first to be made 3 months after registration of the strata plan subject to a 2.5% increase each lease year calculated from the date of registration of the strata plan;
  
• (b) an amount equal to 0.2% of the net sale proceeds received by each proprietor from the sale of a lot in the strata plan to be paid within one (1) month after receipt by the body corporate of that amount from the relevant proprietor.
  

PART 7 – OTHER MATTERS

28. Forms
In these regulations, unless the context or subject matter otherwise indicates or requires, a reference to a form is a reference to a form set out at the end of these regulations in Schedule 2.

29. Disputes

(1) Any dispute in relation to a strata plan or in relation to a body corporate or between proprietors of lots in a strata plan must be referred to the person (“the Adjudicator”) nominated from time to time for that purpose by the Minister.

(2) The Adjudicator is to resolve the dispute in a way that is just and equitable in the circumstances.

(3) The person applying to resolve the dispute must pay the costs of the adjudication of the dispute, unless the adjudicator orders otherwise.

(4) Nothing in this regulation prevents a person applying to a court to resolve a dispute referred to in subregulation (1).

29A. By-Laws
The By-Laws contained in Schedule 1 to these regulations take effect as mutually binding covenants to be observed by each proprietor in the strata plan and the body corporate as if each proprietor and the body corporate had signed the bylaws under seal.

30. Interpretation
In these regulations, unless the contrary intention appears:

“Act” means the Strata Titles Act [Cap. 266];

“Strata Plan Register” means the register of strata plans kept by the Director of Lands Records.

SCHEDULE 1

(Regulation 29A)

BY-LAWS

A proprietor must:

permit the body corporate and its agents, at all reasonable times on notice (except in case of emergency when no notice shall be required), to enter his or her lot for the purpose of inspecting it and maintaining, repairing and renewing pipes, wires, cables and ducts for the time being existing in the lot and capable of being used in connection with the enjoyment of any other lot or common property, or for the purpose of maintaining, repairing or renewing common property, or for the purpose of ensuring that the by-laws are being observed; and

forthwith carry out all work that may be ordered by any competent public or local authority in respect of his or her lot other than such work as may be for the benefit of the building generally and pay all rates, taxes, charges, outgoings and assessments that may be payable in respect of the lot; and

repair and maintain his or her lot, and keep the same in a state of good repair, reasonable wear and tear, and damage by fire, storm, tempest or act of force majeure excepted; and

use and enjoy the common property in such a manner as not unreasonably to interfere with the use and enjoyment thereof by other proprietors or their families or visitors; and

not use his or her lot nor permit it to be used in such manner or for such purpose as shall cause a nuisance or hazard to any occupier of a lot (whether a proprietor or not) or the family of such occupier; and

notify the body corporate immediately upon any change of ownership or of any mortgage or other dealing in connection with the lot.

The body corporate must:

control, manage and administer the common property for the benefit of all proprietors; and

keep in a state of good and serviceable repair and properly maintain the fixtures and fittings (including elevators) used in connection with the common property; and

where practicable establish and maintain suitable lawns and gardens on the common property; and

maintain and repair (including renewals where reasonably necessary) pipes, wires, cables and ducts for the time being existing in the parcel and capable of being used in connection with the enjoyment of more than one lot or common property; and

on the written request of a proprietor, or registered mortgagee of a lot, produce to such proprietor or mortgagee, or person authorised in writing by such proprietor or mortgagee the policy or policies of insurance effected by the body corporate, and the receipt or receipts of the last premium or premiums in respect thereof.

The body corporate may:

purchase, hire, or otherwise acquire personal property; and

borrow moneys required by it in the performance of its duties or the exercise of its powers; and

secure the repayment of moneys borrowed by it, and the payment of interest thereon, by negotiable instrument, or charge on unpaid contributions (whether levied or not or mortgage of any property vested in it, or by combination of those means; and

invest as it may determine any moneys in the fund for administrative expenses; and

make an agreement with any proprietor or occupier of a lot for the provision of amenities or services by it to such lot or to the proprietor or occupier of it; and

grant to a proprietor the right to exclusive use and enjoyment of common property, or special privileges in respect of common property, provided that any such grant shall be determinable on reasonable notice unless the body corporate by resolution without dissent otherwise resolves; and

do all things reasonably necessary for the enforcement of the by-laws and the control, management and administration of the common property.

The powers and duties of the body corporate shall, subject to any restriction imposed or direction given at a general meeting, be exercised and performed by the council of the body corporate.

The council shall consist of not less than three nor more than seven proprietors and shall be elected at each annual general meeting, provided that where there are not more than three proprietors, the council shall consist of all proprietors.

Except where the council consists of all the proprietors, the body corporate may by resolution at an extraordinary general meeting remove any member of the council before the expiration of his or her term of office and appoint another proprietor in his or her place to hold office until the next annual general meeting.

Any casual vacancy on the council may be filled by the remaining members of the council.

Except where there is only one proprietor, a quorum of the council shall be two; where the council consists of four or less members the quorum shall be three; where it consists of five or six members the quorum shall be four; where it consists of seven members, the quorum shall be not less than 5 members.

At the commencement of each meeting the council shall elect a chairman for the meeting, and if any chairman so elected shall vacate the chair during the course of a meeting the council shall choose in his stead another chairman who shall have the same rights of voting.

At meetings of the council all matters shall be determined by simple majority vote.

The council may:

meet together for the conduct of business, adjourn and otherwise regulate its meetings as it thinks fit, provided that it shall meet when any member gives to the other members not less than seven days’ notice of a meeting proposed by him, specifying the reason for calling such meeting; and

employ for and on behalf of the body corporate such agents and servants as it thinks fit in connection with the control, management, and administration of the common property and the exercise and performance of the powers and duties of the body corporate; and

subject to any restriction imposed or direction given by a general meeting, delegate to one or more of its members such of its powers and duties as it thinks fit and at any time revoke such delegation.

The council must:

keep minutes of its proceedings; and

cause minutes to be kept of general meetings; and

cause proper books of accounts to be kept in respect of all sums of money received and expended by it and the matters in respect of which such receipt and expenditure take place; and

prepare proper accounts relating to all moneys of the body corporate, and the income and expenditure thereof, for each annual general meeting; and

on application of a proprietor or mortgagee, or any person authorised in writing by him or her make the books of account available for inspection at all reasonable times.

All acts done in good faith by the council shall notwithstanding it be afterwards discovered that there was some defect in the appointment to or continuance in office of any member of the council be as valid as if such member had been duly appointed or had duly continued in office.

A general meeting of proprietors shall be held within three months after registration of the strata plan.

Subsequent general meetings shall be held once in each year provided that not more than fifteen months shall elapse between the date of one annual general meeting and that of the next.

All general meetings other than the annual general meeting shall be called extraordinary general meetings.

The council may whenever it thinks fit and shall upon a requisition in writing made by proprietors entitled to twenty-five per centum of the total unit entitlement of the lots convene an extraordinary general meeting.

Fourteen days’ notice of every general meeting specifying the place, the date and the hour of meeting and in case of special business the general nature of such business shall be given to all proprietors and registered first mortgagees who have notified their interests to the body corporate. However, accidental omission to give such notice to any proprietor or to any registered first mortgagee or non-receipt of such notice by any proprietor or registered first mortgagee shall not invalidate any proceedings at any such meeting.

All business shall be deemed special that is transacted at an annual general meeting with the exception of the consideration of accounts and election of members to the council, or at an extraordinary general meeting.

Except as otherwise provided in the by-laws, no business shall be transacted at any general meeting unless a quorum of persons entitled to vote is present at the time when the meeting proceeds to business. One-half of the persons entitled to vote present in person or by proxy shall constitute a quorum.

If within one-half hour from the time appointed for a general meeting a quorum is not present the meeting shall stand adjourned to the same day in the next week at the same place and time and if at the adjourned meeting a quorum is not present within one-half hour from the time appointed for the meeting the persons entitled to vote present shall be a quorum.

At the commencement of a general meeting a chairman of the meeting shall be elected.

At any general meeting a resolution by the vote of the meeting shall be decided on a show of hands unless a poll is demanded by any proprietor present in person or by proxy. Unless a poll be so demanded a declaration by the chairman that a resolution has on the show of hands been carried shall be conclusive evidence of the fact without proof of the number or proportion of votes recorded in favour of or against such resolution. A demand for a poll may be withdrawn.

A poll, if demanded, shall be taken in such manner as the chairman thinks fit and the result of the poll shall be deemed to be the resolution of the meeting at which such poll was demanded.

In the case of equality in the votes whether on a show of hands or on a poll the chairman of the meeting shall be entitled to a casting vote.

On a show of hands each proprietor shall have one vote; on a poll the votes of proprietors shall correspond with the unit entitlement of their respective lots.

On a show of hands or on a poll votes may be give either personally or by proxy.

An instrument appointing a proxy shall be in writing under the hand of the appointer or his attorney, and may be either general or for a particular meeting. A proxy need not be a proprietor.

Except in cases where by or under this Act a resolution without dissent is required, no proprietor shall be entitled to vote at any general meeting unless all contributions payable in respect of his lot have been duly paid.

Co-proprietors may vote by proxy jointly appointed by them, and in the absence of such proxy shall not be entitled to vote on a show of hands, except when the resolution without dissent of proprietors is required by this Act. Any one co-proprietor may demand a poll. On any poll each co-proprietor shall be entitled to such part of the vote applicable to a lot as is proportionate to his or her interest in the lot. The joint proxy (if any) on a poll shall have a vote proportionate to the interests in the lot of such of the joint proprietors as do not vote personally or by individual proxy.

Where proprietors are entitled to successive interests in a lot, the proprietor entitled to the first interest shall alone be entitled to vote, whether on a show of hands or a poll; and this by-law shall be applicable whether by this Act the resolution without dissent of proprietors is required or not.

Where a proprietor is a trustee he shall exercise the voting rights in respect of the lot to the exclusion of persons beneficially interested in the trust, and such persons shall not vote.

33. The body corporate shall have a common seal which shall at no time be used except by authority of the council previously given and in the presence of the members of the council or at least two members of the Council, who shall sign every instrument to which the seal is affixed. Provided that where there is only one member of the body corporate his or her signature shall be sufficient for the purpose of this clause.

SCHEDULE 2

(Regulation 28)

FORMS

Form 3

Strata Titles Act [Cap. 266]

SURVEYOR’S CERTIFICATE − REGULATION 8(2)(a)

SURVEYOR’S CERTIFICATE

I, ...........................................................................................................................of ....................................................................................................................... a surveyor registered under the Land Surveyors Act [Cap. 175] hereby certify that −

(1) any wall, the inner surface or any part of which corresponds substantially with any line shown on the accompanying floor plan as a boundary of a proposed lot, exists;
(2) /any floor or ceiling, the upper or under surface or any part of which forms a boundary of a proposed lot, shown on the accompanying floor plan exists;
(3) any wall, floor, ceiling or structural cubic space, by reference to which any boundary of a proposed lot shown on the accompanying floor plan is defined, exists;
(4) any building containing proposed lots erected on the land shown on the accompanying location plan and each proposed lot shown on the accompanying floor plan are wholly within the perimeter of the parcel:

subject to subparagraphs (a) and (b) − *

(a) except to the extent that the building encroaches on a public place; *
(b) eaves and guttering of the building encroach on land other than a public place and in respect of those eaves and guttering an appropriate easement has been created by registered * º............................................................................
(5) the survey information recorded in the accompanying location plan is accurate.

Signature .............................................

Date....................................................

*Delete if inapplicable

º State whether dealing or plan, and quote registered number

Form 4

Strata Titles Act [Cap. 266]

NOTICE OF DESTRUCTION − REGULATION 19(5)

NOTICE OF DESTRUCTION OF BUILDING

Under the Strata Titles Act [Cap. 266], The Proprietors - Strata Plan No ........................... hereby certify that with the consent in writing of the proprietors who have signed this notice and by unanimous resolution duly passed on ......................................., it was resolved that the building is taken to be destroyed.

I, .................................................., being the proprietor of lot ..................... in Strata Plan No .................... have consented to the destruction of the building in accordance with the resolution mentioned above.

Signed in my presence by the proprietor, who is personally known to me

.............................................. .................................

Proprietor

..............................................
On behalf of the Body Corporate

Form 5

Strata Titles Act [Cap. 266]

NOTIFICATION OF CHANGE OF BY-LAWS − REGULATION 19(6)

NOTIFICATION OF CHANGE OF BY-LAWS − NOT UNDER SECTION 14

Under the Strata Titles Act [Cap. 266], The Proprietors - Strata Plan No................. hereby certify that, with the consent in writing of the proprietors who have signed this notice and by unanimous resolution, duly passed on ......................................, it changed its by-laws as follows: -

(set out terms of resolutions)

I, ....................................................................., being the proprietor of lot .....................in Strata Plan No.................., have consented to the change of by-laws set out above.

Signed in my presence by the proprietor, who is personally known to me

................................................ ......................................

Proprietor

................................................
On behalf of the Body Corporate

Form 6

Strata Titles Act [Cap. 266]

NOTIFICATION OF CHANGE OF BY-LAWS − REGULATION 19(7)

NOTIFICATION OF CHANGE OF BY-LAWS − UNDER SECTION 14

Under the Strata Titles Act [Cap. 266], The Proprietors - Strata Plan No. hereby certify that by * resolution, duly passed on , it changed its by-laws as follows:-

(Set out terms of resolution)

....................................................
On behalf of the Body Corporate

* State whether “majority”, “special” or “unanimous”

Form 7

Strata Titles Act [Cap. 266]

CERTIFICATE OF BODY CORPORATE − REGULATION 19(8)

CERTIFICATE OF BODY CORPORATE

Under the Strata Titles Act [Cap. 266], The Proprietors - Strata Plan No. hereby certify that the * transfer * lease ^Ψ was accepted by it pursuant to a unanimous resolution passed by it in accordance with the requirements of the above Act.

(Common seal of body corporate and attestation - see form 9)

* Strike out whichever is inapplicable.

^ΨSet out sufficient particulars to positively identify the transfer or lease to which the certificate relates.

Form 8

Strata Titles Act [Cap. 266]

NOTICE OF CHANGE OF ADDRESS − REGULATION 19(9)

NOTICE OF CHANGE OF ADDRESS FOR SERVICE ON BODY CORPORATE

Under the Strata Titles Act [Cap. 266], The Proprietors - Strata Plan No. hereby certify that by resolution passed at a general meeting held on the body corporate changed the address for service of notices on it to

(Common seal of body corporate and attestation - see form 9)

Form 9

Strata Titles Act [Cap. 266]

BODY CORPORATE ATTESTATION − REGULATION 19(10)

The common seal of The Proprietors Strata-Plan No. was affixed on in the presence of , being the person(s) authorised by section 15(4) of the Strata Titles Act [Cap. 266], and regulation 21 to attest the affixing of the seal.

Form 10

Strata Titles Act [Cap. 266]

NOTICE OF A GENERAL MEETING OF A BODY CORPORATE − REGULATION 19(11)

NOTICE OF BODY CORPORATE GENERAL MEETING

ADDRESSED TO the
*proprietor *mortgagee of lot

NOTICE OF BUSINESS to be dealt with at a general meeting of The Proprietors - Strata Plan No. on the day of 20
at o’clock *a.m. *p.m.
MOTIONS
1. That ^Ψ
2. That ^Ψ

Dated
(On behalf of the Body Corporate)

Please note that:

(a) You may cast a vote either-

• (i) in person at the meeting;
• (ii) by proxy given to me not later than

*(iii) in respect of some or all of the motions set out in this notice, by casting your vote on the voting-paper set out hereunder in this notice; or

*(iv) in respect of the election of proprietors to any position, by casting your vote on the ballot-paper which accompanies this notice.

(b) If you are the proprietor of a lot subject to a first mortgage shown in the strata roll, you may only vote in respect of each motion and in respect of the election of proprietors to any position if the mortgagee fails or neglects to exercise the voting power conferred upon him by section 23(2) of the Act.
(c) You may only vote in respect of each motion (except in the case of a motion requiring a unanimous resolution) and in respect of the election of proprietors to any position if all contributions levied and payable in respect of the lot referred to in this notice and any other moneys recoverable under the Act by the body corporate in respect of that lot at the date of this notice have been duly paid before the commencement of the meeting referred to in this notice.

If you wish to cast a written vote you should complete this form by crossing out either the word “yes” or “no” where it appears against each of the motions itemised hereunder, which are numbered to correspond to the motions set out in this notice.

I require that this voting-paper, as completed by me, be recorded as my vote in respect of the motion(s) set out above.

Signature of voter

*Strike out whichever is inapplicable

^Ψ Clearly identify the application or appeal to which this authority relates.

Form 11

Strata Titles Act [Cap. 266]

FORM OF CERTIFICATE OF TITLE FOR A LOT − REGULATION 3(3)(a)

REPUBLIC OF VANUATU

STRATA TITLES ACT [Cap. 266]

CERTIFICATE OF TITLE FOR LOT IN STRATA PLAN

CERTIFICATE OF TITLE NUMBER

FIRST SCHEDULE − LAND

Lot in Strata Plan

Location

Council Area

Lease Number

SECOND SCHEDULE − OWNER

THIRD SCHEDULE − THIRD PARTY INTERESTS

1. Interests Recorded on Register CP/SP
   

-------------------------------------------------------
Issued by the Director of Land Records on

Form 12

Strata Titles Act [Cap. 266]

FORM OF CERTIFICATE OF TITLE FOR COMMON PROPERTY − REGULATION 3(3)(b)

REPUBLIC OF VANUATU

STRATA TITLES ACT [Cap. 266]

CERTIFICATE OF TITLE FOR COMMON PROPERTY IN STRATA PLAN

CERTIFICATE OF TITLE NUMBER CP/SP

FIRST SCHEDULE − LAND

THE COMMON PROPERTY IN THE STRATA PLAN NUMBER

LOCATION

COUNCIL AREA

LEASE NUMBER

SECOND SCHEDULE - OWNER

The Proprietors - Strata Plan No

Address For Service of Notices

THIRD SCHEDULE - THIRD PARTY INTERESTS

UNIT ENTITLEMENT

AGGREGATE

LOT ENT LOT ENT LOT ENT LOT ENT

-------------------------------------------------------
Issued by the Director of Land Records on

Form 13

Strata Titles Act [Cap. 266]

CONSENT AUTHORITY CERTIFICATE − REGULATION 9(2)

CONSENT AUTHORITY CERTIFICATE

The Council of .................................. approves the Strata Plan.

* Council does not object to the encroachment of the building beyond the alignment of ....................................................

Date ................................................

Council Reference No ..........................

...................................

Council Officer

*Complete, or delete if inapplicable

Form 14

Strata Titles Act [Cap. 266]

MODEL FORM OF STRATA PLAN − REGULATION 3(10)

Form 14(1)

Form 14(2)

Form 15

Strata Titles Act [Cap. 266]

MODEL FORM OF STRATA PLAN − REGULATION 3(10)

Form 15(1)

Form 15(2)

Form 15(3)

Form 16

Strata Titles Act [Cap. 266]

MODEL FORM OF STRATA PLAN − REGULATION 3(10)

Form 16(1)

Form 16(2)

Form 16(3)

Form 17

Strata Titles Act [Cap. 266]

FORM OF TRANSFER FOR A LOT − REGULATION 19(12)

REPUBLIC OF VANUATU

STATA TITLES ACT [Cap. 266]

TRANSFER OF A LOT IN A STRATA PLAN

CERTIFICATE OF TITLE NO.

(Please read the notes in the margin before completing this form)

DATED at .................................... this ...................... day of ..................................... 20.....

Registered at ...................... hours this ...................... day of ..................................... 20.....

Form 18

Strata Titles Act [Cap. 266]

DIRECTOR OF LAND RECORDS CERTIFICATION − REGULATION 2(2)

The Director of Land Records certifies this to be a true copy of Strata Plan No................... prepared by him.

.................................................
Director of Land Records

.................................................
Date

Form 19

Strata Titles Act [Cap. 266]

APPLICATION FOR REGISTRATION OF A STRATA PLAN − REGULATION 3(5)

Form 20

Strata Titles Act [Cap. 266]

NOTIFICATION BY DIRECTOR OF REGISTRATION − REGULATION 3(9)

The Director of Land Records hereby notifies that this plan is registered as Strata Plan No

............................ on .............................................

..........................................................
Director of Land Records

Form 21

Strata Titles Act [Cap. 266]

CERTIFICATE BY SURVEYOR GENERAL AND DIRECTOR OF THE DEPARTMENT OF LAND SURVEYS − REGULATION 8(2)(b)

CERTIFICATE BY SURVEYOR GENERAL AND DIRECTOR OF THE DEPARTMENT OF LAND SURVEYS

The within strata plan has been checked and approved.
Checked by: -------------------------------------

Surveyor General on

Approved by: --- ---------------------------------

Director of the Department of Land Surveys on

Table of Amendments

6(heading) Amended by Order 23 of 2004
6(1) Amended by Order 23 of 2004
6(1)(ea) Inserted by Order 23 of 2004
6(2),(3) Repealed by Order 23 of 2004
7(d),(e) Substituted by Order 23 of 2004
7(ea) Inserted by Order 23 of 2004
7(f)(i) Amended by Order 23 of 2004
8(1) Substituted by Order 23 of 2004
15(3),(4) Inserted by Order 23 of 2004
16(heading) Amended by Order 23 of 2004
16(c) Repealed by Order 23 of 2004
22(3) Amended by Order 23 of 2004
22(4),(5),(6) Inserted by Order 23 of 2004
23(1) Substituted by Order 23 of 2004
23(2)(a) Amended by Order 23 of 2004
23(6)(e) Substituted by Order 23 of 2004
23A Inserted by Order 23 of 2004
27(1) Repealed by Order 23 of 2004
27(4) Amended by Order 23 of 2004
28 Amended by Order 23 of 2004
29 Substituted by Order 23 of 2004
29A Inserted by Order 23 of 2004
Schedule 1 Inserted by Order 23 of 2004
Schedule 2 Re-numbered consequent to Order 23 of 2004