This guide is produced by the Western Australian Land Information Authority (Landgate) to provide the community with a basic understanding of community titling principles. It is a general information source only; it is not legal advice and should not be taken as legal advice on community titles. You should refer to the legislation available on the WA government legislation website www.legislation.wa.gov.au
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1. Subdivision of a lot or common property
A lot, lots or common property or tier parcels in a community titles scheme or a combination may be subdivided by lodging an Application for registration of an amendment of a community titles scheme – amendment of a scheme plan effecting subdivision and any associated schedule of unit entitlements.
Community Titles Act 2018 (CTA) section 14(2) provides that registration of an amendment of a community titles scheme gives effect to a subdivision if it:
(a) effects a change to a definition of a lot that belongs to the community titles scheme; or
(b) effects a change to the boundary of a tier parcel that belongs to the community titles scheme; or
(c) effects a change to the boundary of the tier parcel of the community titles scheme.
Note: In relation to an amendment of scheme plan effecting subdivision, a lot or common property in a community titles (building) plan may only be subdivided by an amendment of community titles (building) plan and a lot or common property in a community titles (land) plan may only be subdivided by an amendment of community titles (land) plan. Where a lot is being subdivided by a community titles scheme different rules apply, refer to guide CTS-01 Community Schemes.
To effect this type of subdivision, the documents set out below must be lodged.
1.1. Application
Form to use: Application for registration of an amendment of a community titles scheme – amendment of a scheme plan effecting subdivision.
Accompanied by:
- Certificate of community corporation - Amendment of scheme plan effecting subdivision;
- Partial transfers, if required (the process is similar to that set out in guide SUB-02 Application for New Titles, section 2 “Multiple Ownership Subdivisions”);
- Documents necessary to remove encumbrances and caveats of the portion the subject of a transfer(s), if required;
- Consent statement - Type 1 and type 2 interest holders for amendment of scheme plan and schedule of unit entitlements, attaching consents provided by type 1 and type 2 interest holders [see definition in Form Completion guide];
- Application to register a community development statement or amendment (if required);
- Lodgement of the amendment of scheme plan by the surveyor (accompanied by a valid building approval certificate or occupancy permit for scheme buildings shown in the amendment of scheme plan if the amendment is in respect of a community titles (building) scheme);
- Lodgement of the Schedule of unit entitlements by the valuer;
- Lodgement fees apply.
Who can make an Application for registration of an amendment of a community titles scheme – amendment of a scheme plan effecting subdivision?
An application can be made by:
(a) the community corporation for the scheme; or
(b) a member of the community corporation for the scheme1.
1See the "Guide to community titles" for members of a community titles scheme.
2. Purchase of adjoining land
The area of common property within a community titles scheme can be increased by the purchase of adjoining land by the community corporation. The amendment to the scheme plan of a community titles scheme may require the lodgement of an amendment of scheme plan for other affected community titles schemes within that community scheme, together with the documents required to register each amendment.
For example:
- Tier 1 community titles scheme - if the common property is being enlarged in that scheme, and it is to remain as common property, then only the tier 1 scheme plan will require amendment.
- Tier 2 community titles scheme – if the intention is for land to be brought into the tier 2 scheme as common property, and it is to remain as common property, then both the tier 2 scheme plan and the tier 1 scheme plan will require amendment. This is because the boundary of the tier parcel on the plan of the tier 2 scheme is being affected, as well as the boundary of the tier 2 parcel in the tier 1 scheme plan.
- Tier 3 community titles scheme - if the intention is for land to be brought into the tier 3 scheme as common property, and it is to remain as common property, then the scheme plans for the tier 3 scheme, tier 2 scheme to which the tier 3 scheme belongs and tier 1 scheme will require amendment. This is because the boundary of the tier parcel on the plan of the tier 3 scheme is being affected, as well as the boundary of the tier 3 parcel in the tier 2 scheme plan, as well as the boundary of the tier 2 parcel in the tier 1 scheme plan.
Note 1: See guide ROA-03 Roads and their Closure if the subdivision requires closure of a private road beforehand.
Note 2: If the common property being acquired is from a community titles scheme within the same community scheme, see section 4 of this guide.
Prior to lodging the Application for registration of an amendment of a community titles scheme - amendment of a scheme plan effecting subdivision, notice must be given in the form of Notice to lot owners and others for amendment of scheme plan to obtain any consents, if required.
To effect this type of subdivision, the following documents must be lodged.
2.1. Transfer of land
Form to use: Transfer of Land (either T1 or T2):
- Lodged with community corporation as transferee (i.e. tier 1, tier 2 or tier 3 corporation as relevant);
- Accompanied by any documents required to remove type 1 and type 2 interests from the land being acquired. Land purchased by the community corporation to increase the area of the common property must be free of type 1 and type 2 interests (CTA section 79(2)(a)(ii)) [for meaning of type 1 and type 2 interests, refer to guide CTS-07 Registration of community titles schemes] and be added by subdivision to the original parcel; and
- Lodgement of deposited plan by the surveyor showing the amended community scheme parcel (i.e. tier 1 parcel) and the balance land (if any).
2.2. Application
Form to use: Application for registration of an amendment of a community titles scheme - amendment of a scheme plan effecting subdivision:
Accompanied by:
- Certificate of community corporation - Amendment of scheme plan effecting subdivision;
- Written consents of lot owners affected by the amendment (or consents affixed to the Notice to lot owners and others for amendment of scheme plan);
- Application to register a community development statement or amendment (if required);
- Lodgement of the amendment of scheme plan by the surveyor; and
- Lodgement of Schedule of unit entitlements by the valuer (if relevant).
- Lodgement fees apply.
Note: The above documents may be also be required for each scheme that the amendment relates to.
2.3. Application for new title(s) for lot(s) on the deposited plan (if required)
Form to use: Application for new titles (subject to survey):
- If only part of the adjoining land is being transferred to the community corporation and a balance remains (where that adjoining land is a lot comprised in a deposited plan):
- an Application made by the owner of the balance land in respect of the balance land must be lodged;
- lodgement of the deposited plan by the surveyor.
- Where the transfer comprises the whole of the adjoining land, no Application (other than the Application for registration of an amendment of a community titles scheme – amendment of a scheme plan effecting subdivision) is necessary by either party.
3. By conversion of a community titles lot
The area of common property in a community titles scheme can be increased by conversion of one or more lots in the scheme to common property by a transfer to the community corporation.
To effect this type of subdivision, the following documents must be lodged.
3.1. Transfer of land
Form to use: Transfer of Land (either T1 or T2):
- Lodged with the community corporation as transferee; and
- Accompanied by any documents required to remove type 1 and type 2 interests from the lots being transferred. Land purchased by the community corporation for a community titles scheme to increase the area of the common property in the scheme must be free of type 1 and type 2 interests [for meaning of type 1 and type 2 interests, refer to guide CTS-07 Registration of community titles schemes] and be added by subdivision to the original parcel.
3.2. Application
Form to use: Application for registration of an amendment of a community titles scheme - amendment of a scheme plan effecting subdivision:
- Lodged with the above-mentioned transfer(s).
Accompanied by:
- Certificate of community corporation - Amendment of scheme plan effecting subdivision;
- Written consents of lot owners affected by the amendment (or consents affixed to the Notice to lot owners and others for amendment of scheme plan);
- Application to register a community development statement or amendment (if required);
- Lodgement of the amendment of scheme plan by the surveyor; and
- Lodgement of Schedule of unit entitlements by the valuer (if relevant).
4. Disposal of common property
The community corporation of a community titles scheme may sell part of the common property (CTA section 79(2)(b)) pursuant to a special resolution of the community corporation. The portion to be sold must be the whole or part of the land comprised in a deposited plan where land is being disposed outside of the community scheme, or the whole or part of the land comprised in an amendment of scheme plan where land is being disposed of to a community titles scheme within the same community scheme, approved by the Planning Commission.
Note 1: Common property may also be transferred to the owner of a lot in the community titles scheme as part of a subdivision – that is dealt with in section 1 in this guide.
Note 2: If the common property being disposed of is acquired by another community titles scheme within the same community scheme, see section 2 in this guide.
To effect this type of subdivision, the following documents must be lodged.
4.1. Transfer of land
Form to use: Transfer of Land (either T1 or T2):
- Lodged with the community corporation as transferor;
- The land description would contain the following information:
- For land being removed from a community titles scheme so that it is no longer part of the whole of the community scheme:
“[insert scheme parent land description] and being all that part of the common property in [insert scheme number] as is comprised in [insert new Lot number and Deposited Plan number].”
For example:
“Part of the common property in Scheme Plan 6000 as is comprised in Lot 2 on Deposited Plan 12345”.
- For land being removed from a community titles scheme into another community titles scheme within the same community scheme:
“[insert scheme parent land description] and being all that part of the common property in [insert scheme number] as is comprised in [insert reference to common property or common property area number and Scheme Plan number].”
For example:
“Part of the common property in Scheme Plan 6000 as is comprised in the common property of Scheme Plan 7000”;
and
- Lodgement of the Deposited Plan by the surveyor.
4.2. Application
Form to use: Application for registration of an amendment of a community titles scheme - amendment of a scheme plan effecting subdivision:
- Lodged with the above-mentioned transfer.
Accompanied by:
- Certificate of community corporation - Amendment of scheme plan effecting subdivision;
- Consent Statement - Type 1 and type 2 interest holders for amendment of scheme plan and schedule of unit entitlements attaching consents if provided by type 1 and type 2 interests [for meaning of type 1 and type 2 interests, refer to guide CTS-07 Registration of community titles schemes];
- Application to register a community development statement or amendment (if required);
- Lodgement of the amendment of scheme plan by the surveyor; and
- Lodgement of Schedule of unit entitlements by the valuer (if relevant).
4.3. Application for new title(s) for lot(s) on the deposited plan
Form to use: Application for new titles (subject to survey):
- Made by the transferee of the land;
5. Consolidation of two or more community titles lots
The consolidation of community titles lots (not being all the lots) is permitted by CTA section 14. The lots the subject of the consolidation must be in the same ownership and tenancy (including shareholding) prior to the subdivision being registered. Common property cannot be incorporated into a consolidation of two or more community titles lots.
To effect this type of subdivision, the following documents must be lodged.
5.1. Application
Form to use: Application for registration of an amendment of a CTS - amendment of a scheme plan effecting subdivision:
Accompanied by:
- Consent Statement – Type 1 and type 2 interest holders for amendment of scheme plan and schedule of unit entitlements attaching consents if provided by type 1 and type 2 interests [for meaning of type 1 and type 2 interests, refer to guide CTS-07 Registration of community titles schemes];
- Written consent from affected lot owner who is not an applicant (or consents affixed to the Notice to lot owners and others for amendment of scheme plan);
- Application to register a CDS or amendment (if required);
- Lodgement of the amendment of scheme plan by the surveyor; and
- Lodgement of Schedule of unit entitlements by the valuer (if relevant).
Note:
- Any encumbrances on lots so consolidated will be brought forward onto the title. Where the encumbrance is a mortgage previously over only one of the consolidated lots it will be brought forward as a portion only of the new lot.
- Mortgagees may have difficulty in exercising their power of sale in such circumstances. Where each original lot was encumbered by a different mortgage a similar problem will arise. Mortgagee's consent to the consolidation will be taken as an acknowledgement of, and consent to, the new state of the Register.
- A caveat lodged by virtue of an unregistered TLA document must be withdrawn before the application for consolidation is lodged.