Approved Form 7 is required when the developer intends to create their own strata plan by-laws (developer by-laws) upon registration of the plan.

For further information see By-Laws.

The by-laws should be set out in a way that enables owners to easily locate by-laws within the document once recorded. The following principles should be followed:

• the number and details of all by-laws intended to be created should be listed in sequential order

• all the regular by-laws should be listed first followed by any common property rights by-laws

• if it is intended to adopt the model by-laws for residential strata schemes set out in Schedule 3 Strata Schemes Management Regulation 2016 (either in whole or in part), together with other by-laws, the full text of the by-laws to be adopted must be set out

• if it is intended to adopt the Common Property Memorandum that is prescribed by clause 27 Strata Schemes Management Regulation 2016 (either in whole or as modified in accordance with section 107(3) and (4) Strata Schemes Management Act 2015), the Memorandum must also be included

• common property rights by-laws should be listed in the numerical order of the lots they affect. The initial wording of each common property by-law should commence with wording to the effect of “Lot 3 has common property rights relating to…” and if it is intended to provide a by-law granting exclusive use of part of the common property to a lot or lots:

  • the relevant part should be clearly described within the wording of the by-law,

  • the site must be clearly defined either as a sketch plan within the strata plan by-laws on Approved Form 7 or on the floor plan,

  • the site must be defined by structure and/or line boundaries with perpendicular offsets and connections from a structure in the same manner as with lot boundaries on a floor plan, and

  • a stratum statement will also be required for those parts which do not have a structural base or covering for their entire area.

After the listing of all of the by-laws the document must be executed in accordance with sections 10(1)(b)(ii) and 22(1) Strata Schemes Development Act 2015.

All parties (except the local council) that are required to execute the Administration Sheet are required to execute the final sheet of Approved Form 7. If space is insufficient for by laws and executions extra sheets of Approved Form 7 may be added and must be numbered appropriately.

NOTE: The boxed heading at the top Approved Form 7 must appear at the top of each sheet of the document.

Care should be taken to ensure all by-laws are clearly worded, able to be enforced and can be legally created. See Divisions 2 and 3, Part 7 Strata Schemes Management Act 2015.

It is not the responsibility of NSW LRS to check the by-laws for accuracy and correctness. However, NSW LRS will often carry out a courtesy examination and may raise requisitions to ensure an accurate document is registered.

NSW LRS may refuse to register a document it believes is inaccurate.

NSW LRS cannot provide advice regarding the wording of by-laws. It is recommended that independent legal advice is sought for this purpose.

All NSW legislation can be accessed at www.legislation.nsw.gov.au/