Application for registration of an amendment of a community title scheme - amendment of a scheme plan effecting subdivision

The information provided in this guide is not intended to amount to legal advice. Professional assistance may be required to determine the most appropriate action to protect your legal rights. Please read our Terms of Use on the Strata Titles Policy and Procedure Guides web page. Landgate accepts no responsibility where parties print this guide and seek to rely on information that is out of date.

Name of Form: Application for registration of an amendment of a community titles scheme – amendment of a scheme plan effecting subdivision

Type of Form: Application to be lodged at Landgate

When it’s used: When applying for registration of an amendment of a scheme plan effecting subdivision in a community titles scheme and associated schedule of unit entitlements (if applicable) where the amendment of scheme plan effects one of the following types of subdivision.

Where the amendment results in the amendment of the scheme that it belongs to, then a separate, simultaneous Application for registration of an amendment of a community titles scheme – amendment of a scheme plan effecting subdivision will be required for each scheme being amended.

(c) A change to the boundary of the tier parcel of the community titles scheme, for example:

• The addition of land from outside the tier parcel of the community titles scheme to common property in the scheme.

Example:

• The removal from the tier parcel of the community titles scheme of land comprised of common property.

Example:

Details of entries:

• Scheme number: Enter the number shown on the scheme plan for the community titles scheme, so if the plan says scheme plan 12345 then the scheme number is 12345.
• Tier number: Enter the tier number for the Scheme (i.e. tier 1, tier 2 or tier 3).
• Parent land:
  • Land description: Enter the lot on plan or tier parcel details of the land the subject of the amendment of community titles scheme, e.g. Lot 1 on Scheme Plan 12345. If land being subdivided is common property, enter the words Common property of scheme plan 12345 and its unique number (if shown on the scheme plan).
  • Extent: “Whole” where a lot(s) is the subject of the subdivision or the whole of a common property area. “Part” where only part of the common property is the subject of the subdivision.
  • Volume Folio: e.g.2500/1 for a lot, or SP12345 where common property is affected.
• Applicant: Enter:
  • the name of the community corporation for the Scheme; or
  • the full name of the owner of a lot in the Scheme (and the address to which future notices can be sent); or
  • the name of the community corporation for a tier parcel that belongs to the Scheme.
• Question 1: Select the type of amendment of scheme plan (i.e. either (a), (b) or (c)).
• Question 2: Where new lots are created as a result of the amendment, enter the number of new lots being created (excluding vesting lots).
• Question 3: If the answer is Yes, then question 4 must be completed. If the answer is No, continue to the Accompanying documents section.
• Question 4:
  • Enter the CDS amendment number. This is the CDS number including the amendment number. For example, 1000-15.
  • Enter the approval date that the CDS amendment number stated in this question was approved by the Western Australian Planning Commission (Planning Commission). You have 4 years from that date to register the amendment of scheme plan.

Accompanying documents:

Where any of the documents listed are included with the Application, those boxes must be ticked.

• Schedule of unit entitlements – will be required if new lots are created, lots consolidated, lots converted to common property or a tier parcel in the community titles scheme is enlarged or reduced.
• Application to register a community development statement or amendment (if applicable) – If the Western Australian Planning Commission (Planning Commission) approved an amendment of the community development statement for the community scheme to which the above numbered scheme belongs, in connection with the subdivision to which this application for amendment of scheme plan relates, and the relevant amendment of community development statement recorded on the amendment of scheme plan has not been registered previously by the Planning Commission.
• Transfer of land - If there has been an enlargement or reduction of the common property within the community titles scheme or in a tier parcel belonging to the community titles scheme, the relevant transfer of land document must be lodged together with the Application.
• Certificate of community corporation – Amendment of scheme plan effecting subdivision is required to be lodged as evidence where there has been a change to the community titles scheme affecting common property. It is not required for consolidation of lots.
• Consent statement - Type 1 and type 2 interest holders for amendment of scheme plan and schedule of unit entitlements:
  • type 1 interest means —
    • (a) the interest of a person who holds the remainder or reversionary interest in land comprised of a lot in a community titles scheme in a case where the owner of the lot holds a life estate in the land; or
    • (b) a registered mortgage; or
    • (c) the interest of a judgment creditor named in a property seizure and sale order registered under section 133 of the Transfer of Land Act 1893; or
    • (d) the interest of a person named in a memorial registered under the Transfer of Land Act 1893 as having a statutory right requiring the consent of the person to any dealing with the land; or
    • (e) a plantation interest registered under the Transfer of Land Act 1893; or
    • (f) a carbon covenant registered under the Transfer of Land Act 1893; or
    • (g) a carbon right registered under the Transfer of Land Act 1893; or
    • (h) a profit à prendre registered under the Transfer of Land Act 1893;
  • type 2 interest means —
    • (a) a registered lease; or
    • (b) a caveat recorded under the Transfer of Land Act 1893.
• If the amendment of scheme plan affects a lot owner, by way of their lot being subdivided or there is a change to their unit entitlements, then their written consent will also be required if they are not the Applicant. If their written consent is endorsed on the Notice to lot owners and others for amendment of scheme plan, then that can be provided.
• Statement to deal with land must be selected and completed if there are limitations, interests, encumbrances and notifications registered or recorded in the Register against the land the subject of the Application. If required, select the triangle to open the field and complete as follows. If not required, collapse this field and it will not be visible when the form has been printed.
  • Certificate of Title Vol/Fol: List the relevant title details.
  • Limitations, interests, encumbrances and notifications: List all by document type and number.
  • Action: Describe whether it is being discharged, withdrawn, otherwise removed, brought forward in full, modified or varied, e.g. Discharge off Lot 1.
  This statement will alert the Registrar of Titles to potential documents that may be lodged to effect any changes required. E.g. if it says “Discharge off Lot 1” with regard to a mortgage, then we would expect to see a discharge of mortgage document with the application.
• Execution: To be executed by the community corporation for the community titles scheme the subject of the Application, or a lot owner in the scheme or a community corporation for a tier parcel that belongs to the scheme.