The owners corporation may dispose of part, but not all, of the common property in the scheme.
If the strata scheme forms part of a community scheme, appropriate dealings must be lodged to amend the community scheme. See section 33(4) Strata Schemes Development Act 2015.
The land to be to be disposed of must be defined as a lot in a deposited plan (or part of a lot when consolidated with adjoining land).
The plan must be a subdivision showing the land to be removed as one lot and the remainder of the parcel as another lot.
It must meet all of the requirements for a plan of subdivision including a subdivision certificate. The administration sheet must be executed by the owners corporation by affixing the seal under Approved Form 23.
The plan must be accompanied by a Transfer of the land from the owners corporation.
The Transfer must be accompanied by a certificate from the owners corporation in accordance with Approved Form 13.
Dedication of roads
A plan of subdivision may be prepared to dedicate part of the common property as public road. The remainder of the scheme should be shown as a lot in the plan. See section 9 Roads Act 1993 and Registrar Generals Direction for Deposited Plans. The consent from the owners corporation must be provided as in Approved Form 13 on the administration sheet. Where the land to be dedicated forms part of a leasehold strata scheme, the consent of the lessor of the scheme is required.
If the strata scheme forms part of a community scheme, appropriate dealings must be lodged to amend the community scheme. See section 35(4) Strata Schemes Development Act 2015.
Dedication of public or drainage reserves
A plan of subdivision may be prepared to create part of the common property as a public reserve or drainage reserve. Common property may be dedicated as public reserve only if there is an adjoining public road or other public place giving access to the reserve by the public.
The lot or lots to become reserves should be identified as such on the face of the plan. The remainder of the scheme should be shown as a lot in the plan. See section 49 Local Government Act 1993 and Registrar Generals Direction for Deposited Plans. The consent from the owners corporation must be provided as in Approved Form 13 on the administration sheet. Where the land to be dedicated forms part of a leasehold strata scheme, the consent of the lessor of the scheme is required.
More information
See our Land dealing information on Transfer requirements