STP-09 Scheme Plans

A strata company may add land from outside the parcel to the common property  of the scheme by purchasing adjoining land or a lot within the scheme.his constitutes a type 1(a) subdivision of a strata titles scheme. The additional contiguous land may then become a lot or part of a lot by either a type 4 subdivision (re-subdivision) or merger/conversion to survey-strata (for schemes registered before 1 January 1998) depending on the date when the scheme plan was registered.The survey requirements for each plan type are different because of the variation in the type of development. Consequently, many of the decisions in regard to referencing, pegging and marking rely on the surveyor’s professional judgement. There are, however, regulations in place for the responsibility, accountability and consequences of certification under the Licensed Surveyors Act 1909 (LSA).Surveyors should note that each plan type has different survey requirements because a Strata Plan relates mainly to “monuments” and a Survey-Strata Plan relates mainly to survey measurements.The surveyor must sign a certificate (Regulation 54 of the Licensed Surveyors (General Surveying Practice) Regulations 1961) which certifies that the plan is accurate and a correct representation of the survey and calculations from measurements recorded in field notes and that it also complies with the relevant written laws and regulations in relation to which the plan is lodged.

1.2. Surveys of Strata Plans

Surveys for strata plans require re-establishment of the parcel boundaries (based on rigorous pickup as for TLA subdivisions), followed by the positioning of the buildings and part lots that are external to the building or buildings.On the occasions where significant excess or any deficiency is discovered during a re-establishment survey a field book needs to be lodged. If necessary, the surveyor may lodge a “Redefinition Plan” to show the correct dimensions and area and an application for a new title can be made. A “Redefinition Plan” is necessary when the differences are outside the ‘margin of error’ covered by section 155 of the TLA.Connections of buildings to the boundary of the parcel should be to cadastral re-establishment standard. Street corners used for pickup should be referenced or protected and it is prudent to place a strategic reference mark near the scheme.Survey work performed on a strata plan can result in a combination of measurements, monuments and height dimensions to define the horizontal and vertical lot boundaries. As a strata plan is an authorised survey and Regulation 8(2C) of the Licensed Surveyors (General Surveying Practice)Regulations 1961 requires a field record to be lodged with the plan of the authorised survey, a field record must be lodged for:

• all new strata plans
• type 1 subdivision (adding land from outside the parcel to the common property and converting a lot within a scheme to common property)
• type 2 subdivision (removal of common property from the parcel)
• type 3 subdivision (consolidation of lots)
• type 4 subdivisions (re-subdivisions) and
• mergers

Connections to standard survey marks may need to be made in accordance with guidelines under regulation 22A of the Licensed Surveyors (General Surveying Practice) Regulations, 1961.It is recommended that strata be related to Australian Height Datum (AHD) wherever practical, especially in larger schemes, staged schemes and vacant lot schemes. Maintenance of views is an emotive issue, and there is potential for confusion or mistake when building construction extends over several years and involves more than one surveyor – a problem which is overcome if AHD is used as standard practice.

1.3. Surveys of Survey-Strata Plans

The survey for a survey-strata plan (as well as a strata plan) is an authorised survey as defined in the Licensed Surveyors Act 1909 (LSA). It (the survey) must be carried out by a licensed surveyor with a current practising certificate. A survey-strata plan needs to be certified by a surveyor eligible to verify survey documents (see section 3.3 of this guide).Surveyors should note that the certification of a survey-strata plan is similar in content and therefore in responsibility, accountability and consequences to that of a certification under the LSA. The surveyor certifies to the correctness and to compliance with the regulations, and the significance of that must not be overlooked.Surveys for survey-strata schemes of more than 10 serviced lots where roads are created, or where areas of common property are used as roads, must be lodged in accordance with the Special Survey Area (SSA) guidelines (available from www.lslb.wa.gov.au/) (see Plan Example 44).Surveys for a survey-strata scheme within an existing SSA must be lodged in accordance with the SSA guidelines: i.e. lodge a field record and not a Survey Sheet (see SSA guideline 10.0).The following guidelines apply to both new survey-strata schemes and conversions to survey-strata under Schedule 2A of the STA.The survey for a survey-strata plan should be to a standard equivalent to that for a TLA survey. This enables it to be used for re-establishment of later adjacent or nearby TLA surveys (and it should be considered by any later TLA survey).A survey for a survey-strata plan should comply with the regulations under the LSA and TLA and specifically those dealing with:

• pegging or other marking of lot corners and boundaries for the public
• referencing of lot corners
• accuracy

and

• recording of field notes.

The surveyor should be guided by the Survey and Plan Policy and Procedure Guides, particularly SPP-03 and SPP-04.Connections to standard survey marks may need to be made in accordance with guidelines under Regulation 22A of the Licensed Surveyors (General Surveying Practice) Regulations, 1961.Digital data (CSD file) is required with each survey-strata plan for examination purposes and integration into the cadastre. All lots should be captured as freehold lots. Easements and 3-dimensional lots are to be captured in two dimensions (plan view) only.

• On large survey-strata schemes, common property used as a road should be referenced as required for roads by the general survey regulations or guidelines.
• Regulation 24A of the Licensed Surveyors (General Surveying Practice) Regulations 1961 and TLA survey regulations 23, 32 and 35, dealing with protection of pickup, apply equally to survey-strata schemes.
• In numbering the pegs of a survey-strata plan, the “CP” prefix should be included on common property areas.
• All new lot corners must be pegged, marked with non-standard marks or noted why they cannot be marked ie “Corner Inaccessible’.
• Existing parcel corners where not marked are considered to be original.

If the survey-strata plan creates lots that are limited in height and/or depth, those limits must be related to AHD, and a connection should also be made to a physical reference datum on or near the site. This height reference mark should be recorded in the field record (see Plan Example 4 and Plan Example 29).This AHD requirement also applies to “intrusion easements”. The AHD is to be applied to a stated surface, i.e. a floor level of a building or ground level on the scheme or a SSM or Water Corporation Manhole adjacent to the scheme, on a cross sectional drawing to define the area of intrusion (see Plan Example 10).

1.4. Common Guidelines

Many guidelines for drafting apply to all scheme plans under the STA, including:

• strata plans
• survey-strata plans
• merger sketch plans
• plan of conversion to survey-strata
• scheme plans of type 1 subdivision (inclusion of common property)
• scheme plans of type 2 subdivision (disposal of common property), and
• scheme plans of type 3 subdivision (consolidation), and
• scheme plans of type 4 subdivision (re-subdivision)

For convenience, these common guidelines are recorded in this chapter.For easier recognition by users, it has been attempted to achieve uniformity in drafting practices and conventions between TLA plans and STA plans. The more commonly used conventions have been recorded in this chapter, but not those which are rarely needed.Where a topic is not covered by these guidelines, it is suggested that there may be appropriate guidance in the Survey and Plan Policy and Procedure Guide.

1.5. Drafting Requirements

As each development can differ, practitioners should use their professional judgment to produce a clear unambiguous product.All plans must clearly show the vertical and horizontal boundaries of each lot by either dimension or notation. Past confusion of lot boundaries on plans registered before the Strata Titles Amendments Act 1995 could have been avoided if the information for lot definition had been clearly and simply depicted on the plan. This aspect of strata practice is increasing in importance as lot owners and purchasers become more discerning.The compulsory disclosure requirements on the sale of strata properties (see Guide to Strata Titles) make it essential that lot boundaries are clearly identified. The STA requires the buyer be given a copy of the scheme plan before the buyer signs the contract for sale. All information in relation to lot boundaries should be clearly identified. Cross sections and enlargements are encouraged to illustrate complex boundaries.Buyers must be notified of any changes to the plan, or proposed plan, as a sale may be avoided if this information is not provided.

1.5.1. Scale

An appropriate metric representative fraction should be chosen and must be sufficiently large to enable all detail to be clear and legible. Because strata plans and survey-strata plans are photo-reduced for search purposes, a graphical (bar) scale is to be shown on the plan. This should be a basic scale bar drawn as a single line with the appropriate divisions.

1.6. Plan Forms and Use

All plans (including types 1 – 4 subdivisions and mergers lodged for registration are required to include a version/ amendment schedule, the same as shown on deposited plans.A company stamp or logo may be placed on the plan form. The stamp must not obscure detail on the plan.There is no limit to the number of lots that may be depicted on a strata or survey-strata plan, if there is sufficient space available, but a clear concise image must be able to be reproduced. A location and floor plan can be placed on the same sheet of a strata plan. Provided there is sufficient space, a schedule of unit entitlements and valuer’s certificate or the surveyor’s certificate may also be placed on the plan sheet.Electronic Lodgement is compulsory for all field records and scheme plans. Appendix 6 (APX-06) of the Survey and Plan Policy and Procedure Guides provides guidelines on the preparation and lodgement of electronic plans.To avoid or minimise enquiries being made at Landgate about unlodged plans and/or field books using pre-allocated numbers, surveyors should stamp, or otherwise indicate on any copy of a Plan provided to a client or conveyancer that the copy is an ‘unlodged version’.Pre-allocation provides settlement agents and lending institutions the opportunity to prepare their documents for registration prior to the scheme plan being lodged at Landgate.

1.7. Orientation

The orientation on scheme plans is to be indicated by a north point arrow and preferably should be approximately 70mm long. It is preferable that the north point be parallel to the side edge of the form, but the orientation may be rotated in order to incorporate a best scale. Preferably, the north point should not point generally downwards on the form. Location plans and floor plans must have the same orientation. All sheets of a survey-strata plan must be on the same orientation.

1.8. Line Styles

The line styles recommended below will ensure readability when scheme plans are printed or viewed at reduced size:

• Parcel boundary- 0.25mm
• Internal lot boundaries that are not monuments- 0.25mm
• Boundary lines that are monuments on strata plans- 0.5mm
• All lot boundaries on survey-strata plans- 0.25mm
• Crown allotment boundaries (required for depth limits only-) broken 0.35mm

and

• Easement boundaries- broken 0.25mm.

1.9. Text Styles

When preparing the scheme plan the below table should be used as a guide:Text Styles and Size

The font used for these texts is to be of a type such that the first priority is optimum legibility of a reduced size copy. It should be an open style without serifs and with clear distinction between similar shaped figures and with a readily visible decimal point. The preferred font styles are Arial and Isocpeur.

1.10. Measurement Presentation

• Distances should be shown in metres to the nearest 0.01 metre or 0.001 metre.
• For distances less than one metre the decimal point should be preceded by a “0” (e.g. 0.75 not .75).
• “0” need not be shown as the last character of a length, to the right of the decimal point (e.g. 15.10 is expressed as 15.1 and 15.100 is also expressed as 15.1).
• Angles should be shown to the nearest second.
• Nil seconds or nil minutes and seconds need not be shown (e.g. 170º 0’0” is expressed as 170º, 170º11’0” is expressed as 170º11’).

1.11. Road Names

Road names to be shown on scheme plans should primarily be obtained from the street address information in MapViewer Plus on Landgate's website. This information can further be verified against the street centreline data that is also available in MapViewer Plus.In addition, the scanned images of the hard copy Survey Index Plans (SIP’s) can also be viewed via the MapViewer Plus, but it must be noted that maintenance of this series of plans no longer takes place. Road names must be easily recognised on the face of the plan.Surveyors are advised that, in the situation where an area of common property on a survey-strata plan is to be known by a street/road name approved by Landgate’s Geographic Names, the plan graphic should display the area of common property number only. A note should be placed on the sketch plan, outside the graphic, indicating the approved street/road name of the  area of common property (see Plan Example 65). Certificates of Title issuing from the plan will show the allocated Property Street Address referring to the street/road name given to the area of common property.

1.12. Areas

• For areas less than 10,000 square metres, area is shown to the nearest square metre (e.g. 9446m²).
• For areas of 10,000 square metres or greater, area is shown in hectares to four decimal places (e.g. 9.2713 ha). “0” need not be shown as the last character of an area to the right of the decimal point (e.g. 6.4500 ha to be shown as 6.45 ha).

Areas are to be shown for each lot, part lot and area of common property shown on the plan. For part lots the total area of all the parts should also be shown (in brackets) within the main part lot, which is normally the part lot forming or comprised in the building in the case of a strata plan, or the largest part lot in the case of a survey-strata plan.

1.13. Abuttals

A scheme plan must show as abuttals the number of any abutting lots for which certificates of title have issued at the time of lodgement of that plan. Lots on plans that have been lodged but not yet approved (shown on “lodged layer” of SCDB) must not be shown as abuttals unless the surveyor provides evidence satisfactory to Landgate that lodgement of dealings for those lodged plans is imminent.The numbers of all current adjoining lots are to be shown with their plan numbers shown below them and prefixed P, D or DP. Where subdivisional plans were subdivided into sheets for convenience plan sheet numbers are to be included. E.g. P1234 (1). If the original plan is a multi-sheet ‘Deposited Plan’, the sheet number should not be included because any or all of the sheets may contain relevant information.If the abutting lot is the subject of a strata titles scheme, regardless whether it is a strata plan or a survey-strata plan, the number should be placed (in brackets and prefixed SP) under the lot number on the  TLA plan number.Prior to 23 January 2004, abutting land coloured brown on surveys was generally labelled:"Private Appurtenant"or"Private Non-Appurtenant"depending on the circumstance. After this date the reference to implied rights could only be used when section 167A of the TLA applied.The following notes should be used as a guide to notations placed on strata/survey-strata plans:

• Abutting land coloured brown and labelled

“ROW”created on an adjoining survey is to be labelledand the survey number followed by “Coloured brown on Diagram/Plan”.Section 167A TLA does not apply.

• Abutting land coloured brown and labelled

“Road”or with a road name if one exists, created on an adjoining survey is to be labelled“Road”or the road name and the survey number followed by “Coloured brown on Diagram/Plan”.

• Abutting land coloured brown and unlabelled, created on an adjoining survey or on a parent survey will show the survey number  followed by “Coloured brown on Diagram/Plan”.

Section 167A TLA does not apply (see Plan Example 14).

• Abutting vested PAW’s and ROW’s, whether created on the parent survey or not, are considered for public use and hence labelled. The creating survey number is also shown.
• Abutting land coloured brown and labelled

“ROW”created on the parent survey is to be labelled“ROW”.and the survey number followed by “Coloured brown on Diagram/Plan”Section 167A TLA does apply. This notation must be brought forward in the “Interests and Notifications” Schedule (see Plan example 10).

• Abutting land coloured brown and labelled

“ROAD”or with a road name if one exists, created on the parent survey is to be labelled“ROAD”or the road name and the survey number followed by “Coloured brown on Diagram/Plan”.-    Abutting railway reserves are labelled“Railway”and the plan number shown.

• Abutting drain reserves are labelled

“Drain”and the plan number shown.In many country townsites, for example Kalgoorlie, there are many public undesignated accessways created on Crown survey plans. These are shown with the Plan number and designated ‘Public ROW’ in brackets.

1.14. Enlargements and Displaced Data

In order to maintain clarity or overcome a lack of space, enlargements or ticking in detail may be used. The ticked in detail should be parallel to the line in the case of a linear measure and on the half angle in the case of an angular measure. Enlargements need not be drawn to scale (see Plan Example 12).

1.15. Cross Sections

Cross-sections may be used to assist in clarifying lot boundaries. The sectional view must be identified on the plan view by lines of cut and referenced by alpha characters. The cross-section must reflect that cut. Horizontal boundaries must be referenced to a monument such as a floor, footing or AHD. The scale should be the same as for the floor plans and depiction of the cross-section should contain enough measurements to clearly establish the boundaries.On strata plans, the cross-section cut should be through the lots depicted on the floor plan. The cross-section is used to illustrate the horizontal boundaries of the lots (see Plan Example 7).The scale should be large enough to show all detail clearly and the drafting convention should follow architectural methods.Cross-sections on survey-strata plans can be used to depict the limits of the cubic space forming the lots and for illustrating the extent of easement limits. It is permissible to include the outline of the walls and other structural information so that a lay person can identify the boundaries (see Plan Example 14).

1.16. Easements

Easements created under section 136C of the TLA automatically on strata plans are shown on the floor plan sheet of the strata plan by broken lines. Where the easements are created over common property or outside buildings, they and those created under section 167 of the P & D Act should be depicted on the location plan. Easements on survey-strata plans must be shown on the lots or areas of common property that are affected. The easement's extent is to be measured to normal survey standards providing sufficient dimensions to enable accurate establishment of the easement boundaries. This extent may be vertical as well as horizontal. It is important that representation of this information is easily understood so that there will be no grounds for boundary disputation in the future (see Plan Example 12).

1.17. Schedule of Interests and Notifications

To assist in identifying all the interests on a plan the details are to be recorded in a “schedule of interests and notifications”. Existing interests, apart from mineral reservations, that affect the whole of the land within the strata titles scheme, are not to be shown in the schedule as these are automatically carried forward within the New Land Registry (NLR). The schedule is to contain a dividing line where all existing interests and notifications of a spatial nature being brought forward are listed chronologically above “the line” and all new interests and notifications are to be shown below “the line” together with any interests being spatially modified. A title under NLR will contain all the “live” interests affecting that title in the Second Schedule. Surveyors will need to identify the best source for the spatial information of each interest and accurately plot the interests on the plan and include the item in this schedule.N.B. For plans created in the Plan Portal, all interests, whether of a spatial nature or affecting all of the land in a strata titles scheme, will be brought forward onto the Schedule of Interests and Notifications.The heading of the schedule should always be “INTERESTS AND NOTIFICATIONS” regardless of whether it may contain only interests or notification(s).Implied rights-of-way (refer section 167A of the TLA) that have not been extinguished must be brought forward onto new plans and listed in the schedule of interests and notifications. The lots and common property (if applicable) within the subject of the plan that have an implied benefit of the easement are to be shown in the schedule under the “Benefit To” column (see Plan Example 10).Where a Part IVA of the TLA “Short Form” easement is being created on a new plan (with or without an instrument) its purpose must be described as per the relevant easement type listed in Column 1 of the Tenth Schedule of the TLA. Rights of carriage-way created under section 136C of the TLA must be described in the schedule as “Rights of Carriage way”. Any Part IVA easements that do not use the Ninth or Tenth Schedule must be described in the schedule as “Easement” only.Easements created on survey-strata plans under section 33 of the STA and Part 5 of the STGR (with or without an instrument) must be described in the schedule as per the relevant “short form” easement type listed in ST(G)R regulation 23. The burdened and benefitted lot(s)” are to be listed in the “Land Burdened” and “Land Benefited” columns in the schedule, respectively. The Planning and Development Regulations 2009 require that section 167 P&D Act easements on plans must be shown in such a manner as to identify the easement holder and the associated purpose shown also .Surveyors should be aware that with the Planning and Development Regulations 2009 commencing as of 1 July 2009, IRRIGATION easement has been included as a benefit to Water Corporation, UTILITY SERVICES (Drainage, Sewerage, Water Supply Services, Electricity, Gas Supply Services and Telecommunications Supply Services) easements can now be created to benefit a Utility Service Authority and there is no longer the provision to distinguish between above ground and below ground electricity.Existing easements created under section 27A of the Town Planning and Development Act 1928 (TP&D Act) and section 167 of the P&D Act, prior to 1 July 2009, are to be labelled as per the Town Planning and Development (Easement) Regulations 1983 i.e. appropriate regulation number shown within a circle and the associated purpose shown.It is preferred that all other easements be labelled with a capital letter. The use of labels like “E-1”, “E-2” etc. is also acceptable. The labels used in the graphic area of the plan are also to be shown in the schedule (see Plan Example 12).Easements that are created in documents and depicted on plans must be referred to in the schedule as “Easement” only.Where the same portion of a lot or common property is burdened by multiple easements there must be an individual endorsement for each easement in the schedule. Multiple ‘short form’ easements cannot be combined (see Drafting of Survey and Plan Example 38). Easements/Restrictive Covenants created pursuant to legislation must include a reference in the Statutory Reference column of the schedule to the section of the Act (or regulation) under which they are created.Where Instruments are used to define a "term", an expiry date should be specified in the “comments” column.It is important to ensure that the burden of existing easements and covenants of a spatial nature that affect the parcel of land (i.e. within the subject of the plan) are shown in the schedule. An endorsement on the existing title and instrument that is being referred in the schedule on the plan must not be interpreted or modified.It is only necessary to bring forward (into the schedule) a benefit to land within the plan if that benefit has a spatial nature that exists on a sketch in a paper title or in a document, or on a previous plan and that benefit needs to be depicted on the plan. An example of a situation where a plan would need to show a benefit over land inside the plan is where a new lot contains land that was formerly within two previous lots and only one of those former lots had a benefit that is to be brought forward. Implied easements under section 167A of the TLA are also an example of a situation where the benefit needs to be shown in the schedule and the appurtenance of the private right-of-way needs to be depicted on the plan.It will not be necessary to bring forward onto the schedule any benefit to land outside the plan created by existing easements and covenants where the burden of the easement or covenant affects land inside the proposed plan. A reference is to be made in the schedule to the relevant parent document. Where subsisting benefits are associated with easements and covenants in gross, the beneficiary (as recorded in the original document or plan) must be shown.If an existing easement or covenant burdening land outside the plan is being modified, in a spatial manner, by a document to be lodged with the plan, and a benefit (of a spatial nature) inside the plan needs to be identified, the benefit of that easement or covenant needs to be shown in the schedule on the plan (below “the line”).The schedule should, wherever possible, be included with the location plan. If this is not practical, then the schedule may be shown on a separate sheet with references to labels and line-work depicting the interests shown on the location plan.Where:

• new notifications under section 70A of the TLA and section 165 of the P & D Act along with
• lots to be vested in the Crown under section 152 of the P & D Act and
• automatic Memorials under section 67B of the Water Agencies (Powers) Act 1984 or section 62D of the Water Boards Act 1904

are to be shown as a development condition, they should be shown below a dotted line in the schedule (see Plan Example 7).Lots burdened by a notification are to be shown but the “benefit to” column is to be left blank. The description used on the plan must match exactly the description used in the notification document. If the wording in the description of the notification is lengthy, it (the wording) should not be placed on the plan (see Plan Example 2 and Plan Example 18).An easement created on a deposited plan, strata/survey-strata plan or shown on an Interest Only DP in favour of land outside the subject land supporting a strata titles scheme should be dealt with in the following manner in the schedule:

• Where the abutting strata/survey-strata plan is not registered, the easement should be shown as a "Benefit To" the freehold lot on the underlying survey.
• Where the abutting strata/survey-strata plan is not registered but the strata lots are shown as a "Benefit To" then the In Order For Dealings panel on the plan will show "Pends Registration of SP#####”. In this case the Surveyor should indicate the order in which the plans will be dealt on. E.g. Lots 1 & 2 & Common Property on SP59152 or All Lots and Common Property on SP59152.
• Where the abutting strata plan is registered, the easement must show the "Benefit To" Lots 1, 2, 3 etc. and common property on SP#####. The parent freehold lot should not be shown. For Survey-Strata Plans the notation will be Lots 1, 2, 3 etc. and CP# on SP##### or All Lots and CP# on SP#####. E.g. Lots 1 & 2 & CP3 on SP59154 or All Lots and CP3 on SP5915.

Unlike Deposited Plans, existing mineral reservations such as section 15 Public Works Act 1902,whether over part of the parent land or over the whole of the parent land must be shown above the line within the schedule (see Plan Example 16 and Plan Example 23).Where only a portion of the parent land is affected by a mineral reservation, Surveyors must show the subject portion but unlike easements, no dimensions are to be shown (see Plan Example 5).Strata titles do not make reference to any mineral reservations that may affect such lots.Overcrowding of the graphic area of a plan is to be avoided as overcrowded plans are more difficult to comprehend. In some situations, it may be worth placing all the graphic representations of the easements and covenants on a separate sheet of the plan, together with the schedule of interests and notifications.Where easements, covenants and notifications (either new or existing) affect only a portion of a lot being created, the plan must show sufficient dimensions to unambiguously identify the land affected. Examples in the Survey and Plan Process and Procedure Guides indicate the requirements.

1.18. CSD Files

CSD files complying with the normal CSD business rules are required for all survey-strata plans and must include easements of a spatial nature. This CSD file requirement does not extend to covenants that have a spatial nature.For strata plans that:

• create a new road, road widening or vesting lot under the P&D Act,
• bring forward existing or create new interests or notifications of a spatial nature,

a CSD file will be required as part of the lodgement of the plan. The CSD file will be required to capture the relevant roads, lots and interest polygons and the necessary ties to the cadastre. The parent lot is to be shown as a lot on the CSD file. For interest polygons over common property, lot label is to be of the parent lot.

1.19. Depth Limits and Crown Allotment Boundaries

A depth limitation in an original Crown Grant is regarded as a dimension of the land in a parcel. It is necessary to carry this dimension forward onto a scheme plan (see Plan Example 6).The bringing forward of original Crown allotment boundaries onto freehold plans is not required unless a depth limitation in the original Crown Grant or some other spatial element affecting the titles (e.g. a notification) needs to be identified.Where a depth limit from a Crown Grant applies to only part of a new lot the extent of the original Crown allotment that forms part or the whole of the subject of the plan must be shown (see Plan Example 13). If all the subject land for a plan has the same depth limitation the original Crown allotment boundaries need not be shown (see Plan Example 6).Where the land parcel is subject to a depth limit, surveyors should endorse on the plan reference to the depth limit, e.g. “Limited in Depth to 12.19 metres”, as digital titles for strata title schemes do not show depth limits.

1.20. Mineral Reservations

The introduction of digital titles resulted in changes in the ways that mineral reservations are dealt with on titles and plans. The following outlines Landgate’s requirements for the display of any mineral reservations affecting land on scheme plans.

1.20.1. Reservations in Crown Grants

Mineral reservations contained in the original Crown Grants need not be depicted or recorded on plans. A digital title contains a prefatory statement that indicates that the land in the title is “subject to the reservations, conditions and depth limits contained in the original grant”.

1.20.2. Lands Affected by Section 15 of the Public Works Act 1902

Prior to 1953, section 15 of the Public Works Act 1902 excluded from resumptions all minerals except those necessary for the construction, support and maintenance of public works. Where minerals had been alienated and the land resumed, an undefined portion of the minerals remained unresumed causing problems for the then Titles Office determining what had and what had not been resumed.Crown Grants issued after the introduction of the Land Act in 1898 had all minerals reserved to the Crown. The position was (is) quite clear from then on. The earlier grants of land (including grants under the Deeds Office system), prior to 1898, where portion of the minerals were alienated remained a problem until in 1953 section 15 of the Public Works Act 1902 was amended to retrospectively provide that all minerals were included in any resumptions. Section 15 was repealed in 1997 and replaced by section 164 of the Land Administration Act 1997 (LAA).Titles to land affected by this provision will show different endorsements depending on the circumstances involved. If the whole of the land is affected the endorsement may state; “save and except the rights to mines of coal or other minerals”, or “the right to mines of coal or other minerals being excluded from the said land”. If portion of the land in a title is affected the endorsement will usually state; “the right to mines of coal or other minerals being excluded from portion of the said land”.Areas affected by section 15 of the Public Works Act 1902 show the affected areas in one of two ways:

• The affected areas are hachured and the plan annotated "Portion hachured subject to section 15 of the Public Works Act 1902”.
• In some cases the unaffected areas are hachured and the plan annotated “save and except the portion hachured subject to section 15 of the Public Works Act”.

Some roads closed and amalgamated under the former Road Districts Act 1919 were also subject to mineral reservations and are shown on “working copy” plans as affected by section 15 of the Public Works Act 1902.Roads closed and amalgamated under the Land Act 1933 or the LAA are not affected by the provisions of section 15 of the Public Works Act 1902.Where land affected by section 15 of the Public Works Act 1902 has been revested in the Crown the provision no longer applies to the land revested. Lots that are revested are identifiable on the existing “working copy” plans by a “Revested” notation or a change in the parcel identifier (lot number) to a Crown allotment number.When a parent parcel for a scheme plan is affected by the former section 15 of the Public Works Act 1902 whether it is part of the land or the whole of the land affected, it must be recorded above the line in the Interests and Notifications schedule on non-portal created plans or in the Former Tenure Interest and Notifications schedule on portal created plans  (see Plan Example 5, Plan Example 13 and Plan Example 16).In general, the mineral reservations depicted on the “working copy” plans affecting portions of titles must be brought forward. Portions of land affected by section 15 of the Public Works Act 1902 are usually not dimensioned on titles or working plans. It is only necessary to plot affected portions on new plans by scaling distances from existing documents and using labels and line-work, to clearly show the relevant portions. There is no need to include the information in CSD files.

1.20.3. Mineral Reservations in Transfers

Crown Grants that were registered in the name of the Commonwealth of Australia did not contain any mineral reservations. Where the Commonwealth disposed of land, the transfer affecting the sale normally contained the same mineral reservations as contained in a normal Crown Grant. Following registration of the transfer, the Commonwealth would then transfer to the Crown in right of the State the reserved mineral rights.By virtue of the Midland Railway Company Acquisition Act 1963 the Minister for Western Australian Government Railways acquired all the property of the Midland Railway Company. The mineral rights granted or alienated to the Midland Railway Company become the property of the Crown on production of a vesting application by the Minister to the Registrar of Titles. Titles are usually endorsed “except and reserving metals minerals gems and mineral oil specified in Transfer No” or “save and except minerals vested in the Crown pursuant to the provisions of section 4(5) of the Government Railways Act”. A title may or may not make reference to the relevant transfer document.Where portion of the land in a strata titles scheme is affected by a mineral reservation contained in a transfer, or vesting under section 4(5) of the Government Railways Act, the portion so affected must be shown on the plan in the same manner as outlined above for land affected by section 15 of the Public Works Act 1902. Where the whole of the land in the strata/survey-strata plan is affected, see Plan Example 23.

1.21. Vesting Lots

The P&D Act makes provision under section 152 for lot/s on a scheme plan and an amendment of a scheme plan to be “Vested in the Crown” directly upon registration of the plan. Although the majority of 2 to 5 lot freehold strata schemes are exempt from WAPC approval, where a 2 to 5 lot  strata scheme creates a lot or lots to vest in the Crown, directly from the plan, it is subject to WAPC approval (see Plan Example 51).Where a condition of approval by the WAPC requires land to vest in the Crown, the vesting lots are to be shown referring to any one or more of the following purposes:

• Conservation or protection of the environment.
• An artificial waterway.
• A pedestrian access way (PAW).
• A right-of-way (ROW).
• A reserve for water supply, sewerage, drainage, foreshore management, waterway management or recreation.
• A public purpose specified in the condition and related to the subdivision.

Land vested under section 152 of the P & D Act:

• is Crown Land
• does not form part of a parcel comprised in a registered scheme plan
• is to be taken to be reserved under section 41 of the LAA for the purpose set out in the condition
• may be dealt with in accordance with the LAA.

Surveyors are advised that scheme plans subject to a proposed reserve under section 152 of the P&D Act must show the purpose on the plan exactly as described in the WAPC condition for subdivisional approval. Any clarification or interpretation of a vesting purpose is to be referred to the WAPC.Vesting lots shown on scheme plans must not be included in the Schedule of Unit Entitlements. Surveyors should take care to avoid duplication of lot numbers when assigning numbers to vesting lot/s on scheme plans.An endorsement in the “Comments” field of the Interests and Notifications / New Interests schedule should read“Now LR Vol …. Fol ….” (see Plan Example 7).When vesting lots are created they may be subject to:

• Any easement created under section 167 of the P & D Act.
• Any easement created under section 136C of the TLA.
• Any existing encumbrance specified in a direction of the Minister responsible for the administration of the LAA or a person authorised in writing by that Minister for the purpose of section 152, lodged with the Registrar of Titles on or before the vesting.
• Any encumbrance prescribed, or a class prescribed by the Planning and Development Regulations 2009.

Some other interests or encumbrances over vesting lots will be considered by the appropriate Regional Manager in DPLH on a case by case basis to determine whether it is acceptable to the Crown. The consent of the Regional Manager must be endorsed on the application to register the plan prior to lodgement. Those not acceptable must be removed prior to vesting.Field records must be lodged at Landgate for surveys of strata subdivisions that involve vesting land.For strata plans that create a vesting lot, new road or road widening, a CSD file is required as part of the lodgement of the plan.Pegs cannot be shown on Strata Plans. The following notation is required to be added to the plan in regard to survey marks:“For Survey and Pegging Information see FB_________”The vesting lot is depicted on the Location Plan fully dimensioned. The floor plans exclude the land contained in the vesting lot (see Plan Example 25).A Crown Land Title (LR) will automatically be created for a vested Lot upon application to register the strata/survey-strata scheme. When the application has been processed through NLR to create the LR issuing to the “State of Western Australia”, automatic notices will be generated to have the lot shown as Crown Land in SmartPlan and trigger action at DPLH to commence reservation action.The only fees applicable are those related to the STA.

1.22. Automatic Road Dedications

Section 168 of the P & D Act provides for the creation of Roads, Road Extensions and Road Widenings on scheme plans and amendments of scheme plans. Where a road, road widening or a road extension is shown on a scheme plan the land so shown is automatically dedicated for the public use of road at the time the plan is registered under the STA. The land in the road, road widening/extension is never included in the strata titles scheme and therefore the land continues being dedicated road on termination of such a scheme.All scheme plans that include automatic road dedications must be accompanied by a field book for the authorised survey creating the road and a CSD file.

1.23. Restricted Use Condition

Any scheme plan or amendment of scheme plan that is lodged for registration may restrict the purposes for which the whole or part of the parcel may be used. This is achieved by an endorsement on the plan that delineates the area affected and that makes specific reference to Sec 32(2)(a) of the STA. In most cases, these restricted use conditions are related to land use and could be a condition of planning approval.Some of the common types of restricted use condition are:

• restriction on occupancy to people who are “retired persons”
• restriction on occupancy of the lots - short stay accommodation
• portions of land restricted by construction of buildings over sewer mains; and
• restrictions over specific lots in a commercial scheme.

Surveyors adding a restricted use condition to the plan should use an endorsement that clearly specifies the restriction type, the lots or parts of lots affected (see Plan Example 15). If it affects part of the land, the affected part is to be defined in the same manner as an easement boundary and noted on the face of the Location/Floor plan (see Plan Example 66).There are benefits from a planning perspective because variation or removal requires WAPC consent.Carefully planned restricted use conditions can assist greatly in the successful and orderly management of a strata titles scheme. Monetary penalties may be imposed where an owner or occupier of a lot contravenes the restricted use condition (section 82 STA).It is advisable to consult WAPC as to the wording it prefers for a restricted use condition. 

Note: A restriction of the kind referred to in Section 32 of the STA is a restriction as to the use or use and occupation of the land in the strata scheme, not a restriction on the ownership of the land in the strata titles scheme.

5. Summary³

To sum up, if a “multiple owner” freehold subdivision involves the transfer of a lot, or part of a lot, in a strata titles scheme, the affected lot (type 1(b) subdivision), or portion (type 4 subdivision), must first be converted into common property before being transferred out of the strata titles scheme.

Similarly, where land is being transferred into a strata titles scheme by a freehold subdivision the land can only be included as common property by a type 1(a) subdivision.

The “balance lot” requirements for a freehold subdivision involving a strata titles scheme are:

• If only common property is involved in the land being transferred (in or out) then the following plans will need to be lodged:
  • a new deposited plan showing the new freehold lots as in a normal subdivision and
  • a type 1(a) or 2 subdivision plan reflecting the change to the strata titles scheme
• Where it is intended that a new subdivision will involve the transfer of part or all of an individual lot or lots within a strata titles scheme then the scheme must either:
  • be terminated, if transferring a whole lot in a 2 lot scheme or
  • a type 1(b) subdivision (whole lot), or 4 subdivision plan amendment must be lodged converting the affected land into common property. A deposited plan can then be lodged for the subdivision, as outlined previously.
• If it is intended that land being transferred into a strata titles scheme is to be included in a particular lot within the scheme, the land must:
  • first be included in the scheme as common property by a freehold deposited plan of subdivison, followed by
  • a type 1(a) subdivision plan amendment, then
  • a type 4 subdivision plan amendment, merger sketch plan or plan of conversion to survey-strata, depending on the nature of the current scheme and when it was registered.

5.1. Permit authority certificate

Requirements for Building Act forms¹

• All buildings shown on a Strata Plan are to be covered by an Occupancy Permit (OP) or Building Approval Certificate (BAC).
• Landgate will accept both an OP and a BAC for the same Strata Plan where different classes of buildings exist within the same scheme.
• Landgate will not accept more than one OP or more than one BAC for the same SP.
• Strata lot numbers applying to either an OP or a BAC are to be clearly identified.
• Where the information on the OP or BAC is unclear, the lodging party will be notified.

¹Dot point "Landgate will not accept a temporary OP for incomplete building." removed 04/05/2021

The STA provides that, where there is an amendment to the scheme plan, it is to be accompanied by an occupancy permit or building approval certificate for each scheme building constructed or modified in the course of a subdivision to be given effect by registration of the scheme or amendment of the scheme. This means that, for any amendment of a strata plan (including subdivision types 1 and 2) which involves the construction or modification of a building, a BA form will be required to be lodged with the plan. If no building is involved, no BA form will be required.

5.2. Type 3 Subdivision - Consolidation of Lots

Type 3 subdivision is the consolidation of 2 or more lots in a strata titles scheme into one lot in the scheme (a type 3 subdivision cannot include any of the common property in the scheme). For strata plans, a floor plan is required showing the consolidated lot and a location plan is necessary if there are vacant lots or part lots external to a building (see Plan Example 36 and Plan Example 37). Type 3 subdivision plan amendmentss for survey-strata schemes also depict the lots that have been consolidated (see Plan Example 39).

For type 3 subdivisions of strata schemes, the plan will need to be accompanied by an occupancy permit or building approval certificate only if there are buildings modified as a result of the consolidation. Unless exempt, a type 3 subdivision must also have a approval from the WAPC. For type 3 subdivisions involving survey-strata schemes, WAPC approval is required.

For all schemes, surveyors must certify their plans with the surveyor’s certificate- Regulation 54. If there are staged subdivision by-laws, this certificate must state that the plan does not significantly vary from the staged by-law(s) relevant to the plan. See Staged Schemes in this Guide for more information.

A schedule of unit entitlements certified by a licensed valuer is to accompany the type 3 subdivision plan. For staged subdivision schemes, the determination by a licensed valuer as to the variation between the unit entitlement for each lot on the schedule of unit entitlements and the staged subdivision by-laws not being significant (referred to in item 8 of this notice) will be required to be included on the valuer’s certificate. See Staged Schemes in this Guide for more information.

Type 3 subdivision plans are not common as, in most instances some common property is involved, resulting in a type 4 subdivision being required.

5.4. Surveyor's Certificate

For all schemes, surveyors must certify their plans with the surveyor’s certificate- Regulation 54 of the Licensed Surveyors (General Surveying Practice) Amendment Regulations 1961. In the case of a staged development, where there are registered staged by-laws setting out the proposed completed development, this certificate must state that the plan lodged for registration is or is not a significant variation to those by-law(s) in compliance with regs.14, 49(4) & 50 ST(G)R (see Plan Example 35).

If the strata titles scheme does not have staged subdivision by-laws or the plan is a significant variation to the staged subdivision by-laws, a unanimous resolution of the strata company is required and consents must then be obtained in order to register the type 4 subdivision. Should an amendment be required to a staged subdivision by-law in order for the plan lodged to comply with the by-law, the appropriate action should be carried out prior to the lodgement of the type 4 subdivision plan with Landgate.

5.5. Strata Schemes

Type 4 subdivision of a strata scheme is required for showing a new building on a vacant lot or showing building additions on a lot (except where the strata scheme is a single tier scheme registered before 1 January 1998 where the merger of common property or conversion to survey-strata scheme options could be considered) or the creation of new lots from a lot and/or common property.

The type 4 subdivision plan for a strata scheme 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 the newly created lots
• the schedule of unit entitlements of all the lots certified by a licensed valuer
• the provision for certificates from the local government (occupancy permit or building approval certificate) if a building or buildings are constructed or modified as a result of the re-subdivision and
• unless exempt from WAPC approval, a WAPC Endorsement Certificate signed under delegation; where delegation has not been given, the WAPC will endorse the certificate.

5.6. Drafting Guideline

For staged developments, 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.

Floor plans of a type 4 subdivision must show the relevant section of the STA that applies to the scheme i.e.: Schedule 2A clause 3AB, sections 3(2)(a) or 3(2)(b) STA. Also, where a floor plan of the registered plan is stamped with the provisions of section 3AB, surveyors must bring forward wording that describes the buildings boundaries in line with clause 3AB.

Where a registered strata plan is endorsed with section 3AB (or Schedule 2A clause 3AB) of the STA and subsequently the local government approves modification of that scheme to allow parts of a building to be built above another building, consideration should be given to, where a “Permitted Boundary Deviation” does not apply (see Schedule 1 clause 3 ST(G)R), surveyors may override section 3AB (or schedule 2A clause 3AB) of STA with section 3(2)(b) of STA for the lots affected.

It must be noted that this situation is for existing schemes only and cannot be utilised for new strata plans lodged for registration.

5.7. Permit authority certificate

Type 4 subdivision plans for strata schemes must have an occupancy permit or a building approval certificate granted by the permit authority (local government) and lodged with the plan, if a building or buildings are constructed or modified as a result of the re-subdivision, to enable registration of the plan and the issue of certificates of title for the lots contained therein.

Where the permit authority does not grant an occupancy permit or a building approval certificate, the applicant may apply to the State Administrative Tribunal for a review of the decision.

5.8. Survey-Strata Schemes

All type 4 subdivisions of survey-strata plans must go through the full planning referral process. The basic strata principle of whole lots must be adhered to. It is possible to create new common property on a re-subdivision (see Plan Example 44).

The type 4 subdivision lodged for registration must have:

• a scheme plan of amendment
• a certificate under regulation 54 of the Licensed Surveyors (General Surveying Practice) Regulations 1961. If there are staged subdivision by-laws, this certificate must state that the plan does not significantly vary from the staged by-law(s) relevant to the plan.
• a schedule of unit entitlements certified by a licensed valuer. For staged subdivision schemes, the determination by a licensed valuer as to the variation between the unit entitlement for each lot on the schedule of unit entitlements and the staged subdivision by-laws not being significant (referred to in item 8 of this notice) will be required to be included on the valuer’s certificate.

and

• provision for a certificate of approval from the WAPC.

The drafting requirements and conventions for type 4 subdivision of survey-strata plans are the same as for the normal preparation of a survey-strata plan.

All remaining existing lots as well as the new lots being created are to be valued for survey-strata plans.

5.9. Significant Variations on Staged Schemes

In a staged scheme some variation is permitted between the stage in the staged subdivision by-laws and the plan lodged for registration. The ST(G)R specifies variations that a significant and which do not qualify for the exemption in section 36 of the STA. These variations apply to re-subdivisions (Type 4 subdivision), consolidation of lots (Type 3 subdivision) and the conversion of lots to common property (Type 1(b) subdivision). Regulation 49 of the ST(G)R states that each of the following will be a significant variation:

• The relative unit entitlement of an existing lot increases or decreases as a result of a future stage of subdivision by 10% or more (beyond what is provided in the staged subdivision by-laws)
• The number of lots in a future stage of subdivision increases or decreases by 10% or more (beyond what is provided in the staged subdivision by-laws)
• The registered easements or restrictive covenant change in a way that materially adversely affects an existing lot (beyond what is provided in the staged subdivision by-laws).

A licensed valuer may make a determination about whether a stage of subdivision is or is not a significant variation in relation to the first dot point above and will need to consider how any changes in configuration of scheme buildings, lots or common property on the plan when compared with the staged subdivision by-law affects the unit entitlement of any existing lots in the scheme. This determination will be found on the valuation certificate – see below.

I have determined that in the Schedule of Unit Entitlements above, there is/is not a significant variation of the kind described in Regulation 49(1)(a) to the proposed Schedule of Unit Entitlements in the agreed stage of subdivision in staged subdivision by-law number(s) .............. registered on ...................

A licensed surveyor may make a determination about whether a stage of subdivision is or is not a significant variation in relation to the second and third dot points above. This determination will be found on the Regulation 54 certificate – see below.

I have determined that this plan is/is not a significant variation to staged subdivision by-law(s) no(s) ………………………..registered on ………………………..in compliance with regulations 14, 49(4) and 50 of the Strata Titles (General) Regulations 2019.

If previous stage(s) of a plan were registered before 1 May 2020, the subsequent stages will still be required to comply with regulation 36 of the Strata Titles General Regulations 1996, which will need to be endorsed on the regulation 54 certificate accordingly (see example below for suggested wording).

This plan complies or sufficiently complies with Schedule 1 by-law(s) no(s) ................................... on Strata Plan no. ............... registered on …………………. in a way that is allowed by regulation 36 of the Strata Titles General Regulations 1996.

³Section updated 25/03/2022