What every strata property owner should know

If you own a unit, apartment or townhouse, you are likely a strata titled property owner.

For each strata titled property, there is a strata plan which shows the boundaries of each lot in the strata scheme, the boundaries of the site and the location of the buildings in relation to the boundaries.

Most people aren't aware that when a building on a strata property is altered or a new building is added, and the alteration or addition requires the approval of the Council, an amendment to the strata plan must be lodged with the Land Titles Office for registration.

The process to amend a strata plan involves...

1. Engaging a surveyor to prepare an amendment to the strata plan that shows the addition or alteration.
2. Lodging the amended plan with the Council for their approval and seal.
   
3. If the property is under mortgage, contacting the mortgagee to request that they produce the Title to the property.
4. Lodging the amended strata plan with the Land Titles Office for registration.

We typically estimate the process to amend the strata plan will cost in excess of $3,000 and take several months.

For many strata property owners, the first time they are made aware of the requirement to amend the strata plan is when their purchaser’s representative queries why an addition isn’t shown on the strata plan.

Whether the owner has any obligation to rectify the issue will depend on the terms of their contract for sale.

Advice to purchasers of strata properties

Before signing the contract, review the strata plan. Ensure all buildings, permanent structures, and party walls are shown, and verify that no structures shown on the plan have been removed in reality.

If the strata plan is not in your contract, we can get it for you through LIST.

Share this information with friends or family members who are strata property owners or potential buyers

All material on this site is provided for information purposes only. The contents do not constitute legal advice, are not intended to be a substitute for legal advice and should not be relied upon as such. You should seek legal advice or other professional advice in relation to any particular matters you or your organisation may have. If there are any issues you would like us to advise you on arising from this material, please get in touch.