Section 9(1)(b) Strata Schemes Development Act 2015 provides for the subdivision of land which includes only part of a building.
Land which includes only part of a building may be subdivided into lots or into lots and common property. The land may consist of one current lot or two or more current lots (whether contiguous or not). This subdivision requires that the building is erected on a site of land held in fee simple.
This type of development involves a strata plan which subdivides a lot which only includes part of the building. The remaining part(s) of the building must exist within other parcel(s) of land. In many cases the parcel to be subdivided by the strata plan will be a stratum lot, limited in height and/or depth.
As per the Strata Schemes Development Act 2015 the land, the subject of a plan of this nature is referred to as a “Part Strata Parcel”. A “Part Strata Parcel” for the purposes of this document is not necessarily a stratum lot (i.e. land limited in height and or depth).
The strata plan may subdivide 1 or more lots but must not include the entire building. If the lots which include part of the building in the stratum parcel are within a stratum subdivision they do not have to be contiguous. Any lots which are part of the subdivision but do not include the building must be contiguous to a lot that contains part of the building.
Subdividing a stratum lot
When the land to be subdivided is a stratum lot the plan of survey defining it may be complex and requires several pages. If this is the case it would be expected that the location plan will require a similar number of pages.
The first sheet of the location plan should show the entire parcel upon which the building is situated. Subsequent sheets will provide plans defining the various boundaries at all levels. If required cross sections may be utilised to clearly depict boundaries.
Strata management statement
All part strata developments must have a strata management statement unless the requirement is waived by the Registrar General. See Strata Management Statement.