Amendment of strata development contract

Form 15SA (PDF 467 KB)

Dealing type - SA

Legislation – s84 Strata Schemes Development Act 2015

Stamp duty - not required

Certificate of Title - required for the owners corporation or common property

NOS form - not required

Standard form of Caveat - prevents registration.

The consent of the caveator under a caveat affecting any estate or interest in the developed lot is required.

Priority Notice noted on the Register - see Priority Notice page.

An amendment to a Strata Development Contract must be made in compliance with Part 5 Strata Schemes Development Act 2015.

(A) The reference to title for the owners corporation or common property must be stated

(C) The full name of the developer must be stated. Enter the Strata Plan No. in relation to which the Strata Development Contract was lodged.

(D) The full name of the appropriate Planning Authority must be stated.

(E) Insert Strata Plan number for the strata scheme. A full copy of the amendment including a revised concept plan (which complies with section 77 Strata Schemes Development Act 2015) must be provided as a duly marked annexure. 

The applicable item (a), (b), (c) or (d) must be selected and the inapplicable items ruled through.

Where (a), (c) or (d) is adopted, the certificate of Owners Corporation or the approval by the Land and Environment Court at Note (G) must be completed . Where the amendment relates to Note (E)(a), a unanimous resolution is not required if the developer is the only owner of the lots in the scheme in which case Approved Form 10 may be used to verify that fact.

(F) The dealing must be executed by the Applicant and be witnessed.

The amendment must also be executed by all of the following:

  • each registered mortgagee, chargee, covenant chargee and lessee of the development lot
  • each registered mortgagee and chargee of a lease of the development lot
  • if the amendment relates to a leasehold strata scheme – the lessor of the scheme
  • the owners corporation where the amendment requires to be supported by a resolution of the owners corporation (see Note (E) above).

The written consent to the amendment from the following may also be required:

  • the judgment creditor under any writ recorded in the folio for the development lot
  • the lessee of any common property in the strata scheme
  • the caveator under a caveat affecting any estate or interest in the development lot

(G) Certificate of Owners Corporation

The date of the passing of the resolution must be noted. The inapplicable items must be struck through and should correspond with the response at Note (E).

The seal of the owners corporation must be affixed. The strata plan number, date and the full name of the person(s) authorised to affix the seal pursuant to s.273 Strata Schemes Management Act 2015 must be stated. 

Where the Certificate of Owners Corporation is applicable, strike through the Approval of Land and Environment Court panel.

Approval of Land and Environment Court panel

An amendment is not required to be supported by a resolution of the owners corporation if the amendment is approved by the Land and Environment Court (s.86 Strata Schemes Development Act 2015). An office copy of the order of the Court must be furnished. 

Where the Approval of Land and Environment Court is applicable, strike through the Certificate of Owners Corporation. 

(H) The certificate from the appropriate Planning Authority must be completed by an Authorised Person as follows: 

Where the amendment relates to Note (E) (a), (b) or (c), item 1 is applicable. 

Where the amendment relates to Note (E) (d), item 2 is applicable.

The full name of the Authorised Person must be stated. 

The inapplicable item must be struck through.

See Baalman And Wells, Land Titles Office Practice, Lawbook Co. 2001 [68.285].

Staff processing information

Refer to ND1 then to LEG99