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This guide deals with the amendment of the scheme plan that effects subdivision.
It will be important to determine the nature of a change to a scheme plan for a community titles scheme (plan purpose) and the other scheme plans in the community scheme that may be affected by the change. It will also be necessary to determine the approvals, consents and other matters required for registration of the change to one or more scheme plans.
For all amendment of scheme plans effecting subdivision, surveyors must certify their plans with the surveyor’s certificate - regulation 54 of the Licensed Surveyors (General Surveying Practice) Amendment Regulations 1961.
1. Amendment of A Scheme Plan that gives effect to a Subdivision (Section 40 CTS)
Registration of an amendment of a community titles scheme gives effect to a subdivision if it effects a change to the:
- definition of a lot that belongs to the community titles scheme; or
- boundary of a tier parcel that belongs to the community titles scheme; or
- boundary of the tier parcel of the community titles scheme.
NB. All plans for an amendment of a community titles scheme effecting subdivision require the approval of the Western Australian Planning Commission (WAPC).
2. Change the Definition of a Lot
Changing the definition of a lot that belongs to a community titles scheme involves changing:
- 1 or more lots that belong to the community titles scheme to create —
- 2 or more different lots; or
- 1 or more different lots and common property; or
- 1 or more lots and common property that belong to the community titles scheme to create —
- 1 or more different lots; or
- 1 or more different lots and common property; or
- common property that belongs to the community titles scheme to create 1 or more lots and common property.
- consolidation of lots; or
- conversion of lots into common property.
To summarise, the above changes to lot definition are similar to types 1(b), 3 and 4 subdivisions under the Strata Titles Act 1985 (STA). Any change to the definition of a lot requires an amendment to the scheme plan for the scheme that the affected lot(s) is in.
With the exception of a lot converting to common property, when an amendment to lot definition takes effect, new lot numbers are created superseding lot numbers effected by the amendment. Parts of lots whose definition is changing are not permitted to remain after the change. Therefore, any lots that are affected by the change are re-dimensioned and are allocated a new lot number. This results in whole lots always remaining in the community titles scheme. A new schedule of unit entitlements will be required.
The amendment plan is an addition to the existing plan and retains the same plan number. On registration of the plan amendment, new titles are issued for the newly created lots and no title will issue for common property. The recording of the transactions amending the scheme plan are placed on the record of community titles scheme on the scheme plan.
2.1. Change the Definition of 1 Lot to Create 2 Lots and Common Property
For example, to change the definition of lot 2 on scheme plan 82000 for a tier 1 community titles (land) scheme to create 1 or more different lots and common property:
Plan Information
| Tenure Type | Community titles (land) scheme |
| Plan Type | Scheme plan |
| Plan Purpose | Lot definition amendment |
| Tier | 1 |
Plan Heading:
Lots 9, 10, Common Property (CP16) and Easement
The lot being redefined (lot 2) will of course be found in the Former Tenure Table.
Former Tenure
| New Lot/Land | Parent plan | Parent lot | Title reference |
| 9 | SP 82000 | 2 | 2500-2 |
| 10 | SP 82000 | 2 | 2500-2 |
| CP16 | SP 82000 | 2 | 2500-2 |
2.2. Consolidation of lots
Consolidation of 2 or more lots in a community titles scheme into one lot in the scheme cannot include any of the common property in the scheme. Consolidation of lots can occur provided that there will be at least 2 lots in the scheme after the consolidation. Surveyors are required to lodge an amendment of scheme plan which may be accompanied by a revised amendment of unit entitlements. For example, to change the definition of lots 5 and 6 on scheme plan 85555 by consolidation of these lots for a tier 2 community titles (land) scheme:
Plan Information
| Tenure Type | Community Titles (Land) Scheme |
| Plan Type | Scheme Plan |
| Plan Purpose | Lot definition amendment |
| Tier | 2 |
Plan Heading:
Lot 7
Former Tenure
| New Lot/Land | Parent plan | Parent lot | Title reference |
| 7 | SP 85555 |
5 6 |
2500-5 2500-6 |
For scheme plans for a community titles (building) scheme, a floor plan is required showing the consolidated lot (new lot number) and a location plan is necessary if there are vacant lots or part lots external to a building.
2.3. Conversion of a lot to common property
The CTA permits a lot within a scheme to be transferred to the community corporation, converting the lot to common property. It is only possible to convert whole lots into common property. There must be at lease 2 lots in the scheme after the conversion and the community corporation must pass a special resolution to convert a lot or lots into common property.
Surveyors are required to lodge an amendment of scheme plan, which will be accompanied by a schedule of unit entitlements showing the entitlements of the remaining lots and the adjusted sum of all unit entitlements. For scheme plans for community titles (building) schemes a new location (in most cases) and floor plan is required. For scheme plans for community titles (land) schemes, a plan showing details of the additional common property is required. For example, to convert lot 5 on scheme plan 85555 to common property in a tier 2 community titles (land) scheme:
Plan Information
| Tenure Type | Community Titles (Land) Scheme |
| Plan Type | Scheme Plan |
| Plan Purpose | Lot definition amendment |
| Tier | 2 |
Plan Heading:
CP 7 common property area
Former Tenure
| New Lot/Land | Parent plan | Parent lot | Title reference |
| CP 7 | SP 85555 | 5 | 2500-5 |
3. Change the Boundary of a Tier Parcel
Community titles schemes can be amended by changing the boundary of a tier parcel of a particular community titles scheme as well as of the community titles scheme to which a particular scheme belongs to.
NB: The plan amending a tier parcel boundary will require approval from the WAPC as per section 40(1)(c)(i) of the CTA.
If a “multiple owner” subdivision involves the transfer of a lot, or part of a lot, in a community titles scheme, the affected lot, or portion, must first be converted into common property before being transferred out of the scheme. For the scheme(s) that the affected community titles scheme belongs to, the adjustment to the tier parcel doesn’t require the creation of common property for that scheme.
For instance, if an owner of a lot in a tier 2 scheme wishes to sell off part of their lot to neighbouring land not part of the tier 2 scheme and outside of the community scheme, an amendment of the scheme plan for the tier 2 scheme amending the lot definition to create tier 2 common property will be required. This common property will be the land to be transferred out of the tier 2 scheme. A further amendment of the scheme plan of the tier 2 scheme to reflect the tier parcel after the transfer. Consequentially, as the land is also being removed from the community scheme, the scheme plan for the tier 1 scheme will have to be amended to show the balance of the tier 2 parcel in the tier 1 scheme after the land is transferred out..
Similarly, where land is being transferred into a tier 2 community titles scheme from outside the community scheme by a freehold subdivision, the land can only be included into the tier 2 scheme as tier 2 common property, however the consequential amendment to the tier 1 scheme plan to amend the tier 2 parcel doesn’t require the incoming land to become tier 1 common property.
The “balance lot” requirements for a freehold subdivision involving a community titles scheme will be the lodgement of a new deposited plan showing the new freehold lots as in a normal subdivision.
For full details on the registration of amendments to community titles schemes effecting subdivision, see CTS-09.
3.1. Addition to Common Property from Outside the Parcel
A community corporation may acquire contiguous freehold land to add to the scheme in the form of common property.
The additional land may then become a lot or part of a lot by an amendment to the definition of a lot.
For full details on the registration of the addition to common property of community titles schemes, see CTS-09.
3.1.1. Plans Required for Addition to Common Property
In the case of land adjoining or contiguous to the scheme to become common property in the tier 2 scheme, the following plans will be required:
- an amendment of the scheme plan for the tier 2 scheme needs to show the land coming in as common property.
- an amendment of the scheme plan for the tier 1 scheme, the incoming land just needs to be shown as an enlarged tier 2 parcel, not as tier 1 common property.
- for the amendment of the tier 1 parcel, a new deposited plan will need to be lodged showing the enlarged tier 1 parcel as well as the residual land (if applicable) after the transfer into the community scheme.
For example, to add contiguous land (portion of lot 99 on DP 12345) into the common property of scheme plan 85000 for a tier 2 community titles (land) scheme:
Plan Information
| Tenure Type | Community titles (land) scheme |
| Plan Type | Scheme plan |
| Plan Purpose | Tier parcel boundary amendment |
| Tier | 2 |
Plan Heading:
CP 5 common property area
Survey and Plan Notation
Addition of contiguous land into tier 2 common property
Former Tenure
For this example, because land was brought in from outside the tier 2 parcel, an amendment of the scheme plan for the tier 1 community titles (land) scheme (SP 82000) will also be required to be lodged and registered. This amendment of scheme plan will allocate a new number (in this case 3) to the amended tier parcel.
Plan Information
| Tenure Type | Community titles (land) scheme |
| Plan Type | Scheme plan |
| Plan Purpose | Amendment - tier parcel boundary |
| Tier | 1 |
Plan Heading:
Tier 2 parcel 3
Survey and Plan Notation
Addition of contiguous land into tier parcel 1
Former Tenure
As the land that was added to the tier 2 common property on SP 85000 was from outside the community scheme, a new 2 lot deposited plan showing the resulting residual land (lot 102) as well as the new parent lot (lot 101) of the tier 1 scheme is required.
Plan Information
| Tenure Type | Freehold |
| Plan Type | Deposited Plan |
| Plan Purpose | Subdivision |
Plan Heading:
Lot 101
Former Tenure
3.2. Removing Land from Common Property
3.2.1. Plans required for removal of common property
The CTA permits land that is common property to be transferred by a community corporation, removing it from a community titles scheme and possibly the community scheme, which will require a deposited plan to be lodged to define the land to be transferred out of the community scheme. On approval of the deposited plan, surveyors are also required to lodge a plan of amendment showing the new boundaries of the community titles scheme after the disposal of common property.
In the case of scheme plans for community titles (building) schemes, this will require a replacement location plan only. This plan should show all the latest abuttal and offset (if required) information. The sheet numbering should be the same as the location plan it is replacing. In the case where the location and ground floor plan of the original scheme plan are on the same sheet e.g. ‘Sheet 1 of 1 Sheet’, the replacement sheet showing the new location plan should be numbered ‘Sheet 1A of 1 Sheet’.
In the case of scheme plans for community titles (land) schemes, an amendment of the scheme plan showing the details of the existing or new common property (shown as a new CP number) will be required.
In the case of common property being removed from the tier 2 scheme to become its own lot or part of a lot contiguous to the community scheme, the following plans will be required:
- An amendment of the scheme plan for the tier 2 scheme showing the land remaining after the removal of common property,
- An amendment of the scheme plan for the tier 1 scheme showing the reduced tier 2 parcel,
- For the amendment of the tier 1 parcel, a new 2 lot deposited plan, one lot showing the reduced tier 1 parcel and the other lot created to become the parent lot of the community scheme after the removal of the land from the community scheme.
For example, to remove common property from scheme plan 85000 for a tier 2 community titles (land) scheme for amalgamation with the neighbouring lot 105 on DP 12345:
Plan Information
| Tenure Type | Community titles (land) scheme |
| Plan Type | Scheme plan |
| Plan Purpose | Tier parcel boundary amendment |
| Tier | 2 |
Plan Heading:
CP5 (removal of common property)
Survey and Plan Notation
Removal of common property from SP 85000
Former Tenure
Plan Information
| Tenure Type | Community titles (land) scheme |
| Plan Type | Scheme plan |
| Plan Purpose | Tier parcel boundary amendment |
| Tier | 2 |
Plan Heading:
Tier 2 parcel 3
Survey and Plan Notation
Amendment of tier parcel 1 (removal of common property)
Former Tenure
Parent deposited plan
Parent Deposited Plan
Plan Information
| Tenure Type | Freehold |
| Plan Type | Deposited Plan |
| Plan Purpose | Subdivision |
Plan Heading:
Lots 110 and 111
Former Tenure
The above examples illustrate how these changes to a tier 2 parcel boundary changes affect all schemes at tiers 1 and 2 as well as the underlying deposited plan. The amendment to the scheme plan for the tier 2 scheme shows how the scheme looks as a result of the amendment.
3.3. Transferring land within a community scheme
Plan Information
| Tenure Type | Community titles (land) scheme |
| Plan Type | Scheme plan |
| Plan Purpose | Tier parcel boundary amendment |
| Tier | 2 |
Plan Heading:
Common property area CP 7 (after removal of common property area CP 6)
Survey and Plan Notation
Removal of common property form SP54321
Former Tenure
SP 98765
Plan Information
| Tenure Type | Community titles (land) scheme |
| Plan Type | Scheme plan |
| Plan Purpose | Tier parcel boundary amendment |
| Tier | 2 |
Plan Heading:
Common property area CP 6 (after inclusion into scheme)
Survey and Plan Notation
Inclusion of common property into SP98765
Former Tenure
Plan Information
| Tenure Type | Community titles (land) scheme |
| Plan Type | Scheme plan |
| Plan Purpose | Tier parcel boundary amendment |
| Tier | 1 |
Plan Heading:
Tier 2 parcels 3 and 4
Survey and Plan Notation
Amendment of tier 2 parcels 1 and 2 (transfer of common property from SP 54321 into SP 98765)
Former Tenure
3.4. Community titles (building) schemes
Amendment of a community titles (building) scheme is required for showing a new building on a vacant lot or any building additions on a lot or the creation of new lots from a lot and/or common property.
The scheme amendment lodged for registration must include:
- a scheme plan of amendment comprising of:
- the location plan depicting any new buildings or additions
- the floor plan showing any newly created lots
- the schedule of unit entitlements of all the lots/tier parcels (including the lots created by the amendment) certified by a licensed valuer
- the provision for permit authority certificates from the local government (occupancy permit – BA10 or building approval certificate - BA14) if a building or buildings are constructed or modified as a result of the amendment.
Note: See CTS-04 for key requirements and standards required.
It is preferable to show the complete updated version of the location plan. This may be achieved by copying the detail from the current plan. The intention of this concept is to assist the owners and purchasers of lots, particularly in large schemes, to identify their lots in relation to the whole scheme.
For buildings shown on the floor plans of a plan amendment involving buildings, the relevant section of the CTA that applies to the scheme i.e. section 11(4) or 11(5) CTA.
3.5. Community titles (land) schemes
All amendments of community titles (land) scheme plans effecting subdivision must have:
- a scheme plan of amendment, and
- a schedule of unit entitlements certified by a licensed valuer (if applicable).
The drafting requirements and conventions for amendments of community titles (land) schemes are the same as for the normal preparation of a scheme plan as set out in CTS-04.
3.6. CTA, TLA and P&D Act Easements
Amendments of scheme plans can create:
- short form easements and restrictive covenants under the section 38 of the CTA
- short form easements under section 167 of the P&D Act
- restrictive covenants (road access conditions) under section 150 of the P&D Act;