The Standard Instrument – Principle Local Environmental Plan (‘Standard Instrument‘) has been amended to clarify that the minimum lot size development standard does not apply to either the subdivision of land by the registration of strata or community plans, or the subdivision…
In two related decisions, the Land and Environment Court has provided guidance in relation to the process for joinder of parties to an application to the Court to give effect to Strata Renewal Plans (SRP Application) under the Strata Schemes Development…
Recently, the NSW Government released an Options Paper on Short-term Holiday Letting (STHL) in NSW. The STHL industry in NSW has expanded significantly in recent years and in response to this, in 2016, the NSW Government conducted a public inquiry on the Adequacy of…
Strata Termination Goes to Court
In our previous posts we have looked at the two major types of strata renewal plan; and followed the complex process of the owners’ decision to terminate a scheme. In this post we consider the final part of the process:…
Strata Termination: how the owners decide
The ultimate decision on whether a strata renewal proposal is approved is up to the Land & Environment Court. Before the matter goes to the Court, the strata owners themselves must consider whether they wish to apply to the Court…
The Department of Fair Trading has announced that the new strata laws, the Strata Schemes Development Act 2015 (Act) and the Strata Schemes Management Act 2015, will commence on 30 November 2016. While the new building defect bond scheme will not start…
Buried within Schedule 4 of the new Strata Schemes Management Act 2015 is an amendment to the Local Government Act 1993 (LG Act) to insert a new s650A. This will allow the body corporates to enter into an agreement with the council allowing the council to set…
Strata Schemes
It is now more than 50 years since strata titles legislation commenced in NSW under the Conveyancing (Strata Titles) Act 1961. Many strata schemes are now approaching their ‘use by’ date with the schemes in need of termination and/or re-development. Nevertheless,…
Before the first strata titles legislation was passed in New South Wales most home units were regulated under company law. A number of older home units still exist that are not regulated by strata legislation. Owners of these units own…