Commercial Property Blog

Legal Tips and Traps

Update to Strata Legislation

Posted by Andrew Grima on 28 Nov 2016

Assisted by Holly Pitt

The Strata Schemes Development Regulation 2016 will commence on 30 November, 2016. With the implementation of this new legislation, the by-laws set out in the Strata Schemes Management Regulation 2010 will no longer apply to plans registered on or after this date.

The change means that any strata plan that is registered after 30 November, 2016 can only adopt the “model by-laws for residential strata scheme” as provided in Schedule 3 of the Strata Schemes Development Regulation 2016 or strata plan by-laws as provided by the developer.

This change will require alterations to the standard administration sheets that accompany registration as the by-laws of 2010 will no longer apply.

For reference, if you are registering a strata plan and it is intended that you will adopt the “model by-laws for residential strata schemes”, the by-laws panel on the administration sheet must be struck through and the appropriate statement must be added in the annexure section.

As an example of the suggested wording by Land and Property Information, see below:

“If the strata plan is not registered before 30 November 2016, I request LPI to take the following action.

(Model by-laws)

  • Strike through the by-laws panel on sheet 1
  • Add the following statement to an annexure page of the administration sheets. The by-laws adopted for the scheme are, Model by-laws for residential schemes together with;

Keeping of animals: Option A

Smoke Penetration: Option B

(Strata plan by-laws)

  • Amend the administration sheet(s) to indicate that strata plan by-laws are to be adopted.
  • Lodge the attached by-laws on behalf of the lodging party and raise an invoice.”

If you would like more information on the Strata Schemes Development Regulation, please contact: