See schedules 10 - 14 of the Lodgment Rules.
All strata plans must be prepared by a land surveyor registered under the Surveying and Spatial Information Act 2002.
A strata plan can only subdivide fee simple land (including leasehold land) under the Real Property Act 1900 (Torrens Title).
A strata plan can subdivide one or more lots in a deposited plan (if it is more than one lot they must be contiguous). This plan is known as the base plan.
The base plan must be a plan of survey which has connections to at least two Permanent Survey Marks.
A strata plan may not subdivide:
- a qualified or limited title
- a lot in a neighbourhood plan, or
- a perpetual lease from the crown.
The parcel to be subdivided must have a building or part of a building within its boundaries. Section 4 Strata Schemes Development Act 2015 provides a definition for a building as follows:
'Building', in relation to a strata scheme or a proposed strata scheme, means a building containing a lot or proposed lot, or part of a lot or of a proposed lot, in the scheme or proposed scheme.
It is the opinion of NSW LRS that a building must be a permanent structure, with walls, a structural base and a structural cover.
For more information for Plans and Titling contact firstname.lastname@example.org.
See the NSW Legislation website.