All part strata developments must have a Strata Management Statement (SMS) prepared in accordance with Approved Form 9.
The Registrar General may waive the requirement for a SMS in the following circumstances:
- when the building the subject of the subdivision is erected on a lot in a community scheme and the remainder of the building is within community property
- when a SMS has been registered and is still in force for the building and its site
- when a Building Management Statement (BMS) has been registered and is still in force for the building and its site, provided the BMS meets the requirement of a strata management statement. In these circumstances the BMS is taken to be the SMS for the building and its site (section 108 Strata Schemes Development Act 2015).
- on the direction of the Minister on grounds that are considered sufficient.
See section 99(2) Strata Schemes Development Act 2015.
It is possible to register a BMS over several lots upon which a building is situated without the involvement of a strata plan. The BMS is prepared in the same manner as an SMS.
If a BMS exists for lots which contain a building, it will cease to have effect upon registration of a SMS for the same building. See section 196J(1) Conveyancing Act 1919.
Reference to a BMS will be removed from the register upon registration of an SMS.
The SMS must be executed as required by section 104 Strata Schemes Development Act 2015.