Strata title reform

Strata legislation in Western Australia is being reformed through the introduction of a new legislative package.

Overview

In late 2018, State Parliament passed a strata title reform legislation package, comprising of:

  • Strata Titles Amendment Act 2018  (amending the Strata Titles Act 1985)
  • Community Titles Act 2018 
  • consequential changes to the Planning and Development Act  2005 (among other Acts).

These documents can be found in the Strata Document Library

Amendments to the Strata Titles Act 1985 commenced operation on 1 May 2020. It is intended that the Community Titles Regulations 2020 will be presented to Parliament in mid-2021.

Leasehold strata schemes 

A new form of land tenure created under the amended Strata Titles Act 1985 is leasehold strata. 

A leasehold scheme is a built strata or survey-strata scheme for a fixed term of 20 to 99 years, with all the lots in the scheme and the strata leases having the same expiry date. 

Leasehold strata requires the approval of the Western Australian Planning Commission (WAPC).

Frequently asked questions

Strata Titles Act 1985

The amendments to the Strata Titles Act 1985 were assented to (agreed to by Parliament) on 19 November 2018.

The amendments refine the strata titles process and provide guidance on land management which benefits owners, strata managers and developers.

The amendments include the provision of a new form of tenure, ‘leasehold’ strata which allows for the creation of a lot and issuance of a certificate of title for a specified term (between 20 and 99 years).

The amendments also include improvements for staged subdivision, where subdivision can occur across a number of stages, while protecting the rights of owners who have brought into earlier stages, and facilitating the developer to respond to industry and market provisions.

When did the changes to the Strata Titles Act 1985 come into effect?

The amendments to the Strata Titles Act 1985 (the Act), together with the Strata Titles (General) Regulations 2019 came into effect on 1 May 2020.

What is the difference between the Planning Commission and the Western Australian Planning Commission?

For the purpose of the Strata Titles Act 1985, reference to the Planning Commission means the Western Australian Planning Commission (WAPC) as established under the Planning and Development Act 2005.

What is the new type of land tenure provided for by the changes to the Strata Titles Act 1985?

The reforms will deliver new land tenure options to help drive economic growth, manage landholdings and major infrastructure and facilitate innovation.

Leasehold schemes

A leasehold scheme is defined as a strata titles scheme in which all lots in the scheme are subject to a lease or leases that create the leasehold tenure when the strata plan and associated documents are lodged with the Registrar of Titles.

A leasehold scheme may be a strata scheme or a survey-strata scheme depending on how the lots are defined.

Leasehold schemes are a new type of scheme where:

  • an owner of a leasehold lot (lessee) within a leasehold scheme will be issued with a Certificate of Title
  • the scheme is created for a fixed-term (minimum 20 years to a maximum of 99 years)
  • people may buy and mortgage a leasehold lot within the leasehold scheme
  • an owner of a lot (lessee) within the leasehold strata scheme can sell that lot, without needing the consent of the owner of the leasehold scheme (lessor)
  • upon expiry or termination of the leasehold scheme, a process will occur to revert the land back to the original parcel under ownership of the owner of the leasehold scheme (lessor).

Leasehold schemes provide a new option for owning strata lots over a fixed period.

This may provide opportunities to utilise land in the short term, pending the subsequent provision of major infrastructure and redevelopment of the land to meet development outcomes associated with that infrastructure.

For example, subject to compliance with the relevant planning framework, a site could be developed with bulky goods retail pending the growth and development of the adjoining residential area. The leasehold for the bulky goods could be timed with the completion of the urban area, the bulky goods removed, and the site repurposed as an activity centre, to provide local services for the existing urban growth.

What is the difference between a strata scheme and a survey strata scheme?

Strata titles schemes may be either a strata scheme or a survey-strata scheme. Where lots on a scheme plan are defined without reference to a building, the scheme is a survey-strata scheme.

Where there is reference to a building(s) for the subject lots, it is a strata scheme, sometimes referred to as ‘built’ strata.

What is the difference between a freehold scheme and leasehold scheme under the Strata Titles Act 1985?

The term ‘freehold’ previously applied only to subdivision undertaken under the Planning and Development Act 2005 (also referred to as green title).

In the context of the Strata Titles Act 1985 ‘freehold’ schemes refer to survey-strata (without building(s)) and strata (with building(s)) schemes that do not have a fixed lifespan.  

This is as opposed to a ‘leasehold’ scheme where each lot is subject to a strata lease and the scheme expires on a specified day (e.g. minimum 20 years and maximum 99 years after registration of the scheme). Leasehold schemes may be in the form of survey-strata or strata.

Are the current tenure types of strata subdivision still possible after the changes to the Strata Titles Act 1985 come into effect?

Yes, introduction of leasehold strata and community title schemes will not replace the existing forms of subdivision but will provide an alternative option where appropriate.

Community titles will be administered in accordance with the Community Titles Act 2018 and is further discussed in Community Titles FAQs.

Do the changes affect a current approval to strata-title land or a building which hasn’t yet been carried out?

The new provisions do not impact on any existing approvals which may have been applied for or granted by the WAPC, the local government or any other authority. Where approval has been granted the proposal can continue unchanged by the new legislation.

Is there any change to the types of strata application that are exempted from the need for a planning approval?

There are no proposed changes to the types of strata applications that are exempt from the need for planning approval, these exemptions are outlined in Part 4 clause 19 of the Strata Titles (General) Regulations 2019.

Why does the Strata Titles Act 1985 refer to ‘types’ of subdivision?

There are four types of subdivision mentioned in the Strata Titles Act 1985 which relate to the types of amendments to a strata title scheme that gives effect to a subdivision, and trigger varying requirements for resolutions by the strata company and consents by persons with interests in the land or caveators.

The four types are:

Type 1: means the addition of land from outside the parcel of a strata titles scheme to common property in the scheme (excluding temporary common property) or the conversion of a lot in a strata titles scheme to common property in the scheme (formerly referred to as conversion of lots into common property.)

Type 2: means the removal from the parcel of a strata titles scheme of land comprised of common property.

Type 3: means a consolidation of two or more lots in a strata titles scheme into one lot in the scheme (not affecting common property) (formerly referred to as consolidation of lots).

Type 4: means a subdivision that does not involve the alteration of the boundaries of the parcel and is not a type 1, type 2 or type 3 subdivision. (formerly referred to as re-subdivision.)

Who is the decision-maker for applications for subdivision approval?

Previously, some types of subdivision to amend the lot arrangements of existing strata development did not require approval from the WAPC under the Strata Titles Act 1985. Under the amended Strata Titles Act 1985, these types of subdivisions (types 1-4) now require approval by the WAPC, unless exempt under the Regulations.

The WAPC is the decision maker for subdivisions, except where it has delegated its power to other agencies such as local government or Development WA.

The delegation will be updated, however there are no proposed changes to the WAPC delegations to local government for ‘built’ strata applications. It is proposed that initially the WAPC will determine applications for leasehold (strata and survey strata) schemes. 

The former Section 9,10 and 19 provisions have been carried forward as Section 23 in the amended Act.

Can conditions of approval be imposed by the decision-maker on applications for a ‘built’ strata subdivision?

Yes, conditions can be imposed on built strata applications. This may occur at the Form 15A stage (formerly Form 24). Where conditions are proposed to be applied, the Model Subdivision Conditions Schedule are to be used. Non-standard conditions are discouraged.

The conditions on the strata approval should not repeat or attempt to address conditions that were inadvertently missed through the development application process.

Is the WAPC involved in the process to terminate an existing strata titles scheme?

The role of the WAPC in the termination process for a strata title scheme is limited to receiving, assessing and determining the new plan of subdivision. The application is lodged based on the 'proposed subdivision' with the termination fees calculated based on the new lot configuration.

Why have the subdivision application forms changed?

A number of changes have been made to the application forms for subdivision in response to the changes proposed by the amended Strata Titles Act 1985 and associated regulations.

Updates have been made to the existing Form 1A and Form 1C with the main change made to accommodate applications for leasehold schemes, being a new land tenure, and to clarify that a subdivision application is part of the process to terminate a scheme.

Changes to the existing application form and a new form have been introduced to support the strata (built) application process.

The Form 15A (formerly Form 24) applies to the approval stage (application for approval with, or without conditions)

The endorsement stage, when conditions were met and/or construction completed, previously resulted in issuance of a Form 26 certificate. To ensure sufficient information is provided to the determining authority by the applicant and to clarify the process, a new form, Form 15C, has been provided to guide this process to facilitate the issuance of a certificate of endorsement.

The assessment and determination process of applications remains the same under the amended act.

Where are fees for applications set out?

Subdivision application fees can be found on the Department of Planning, Lands and Heritage website.

Planning fees that are specific to the Act, including for strata schemes and leasehold strata schemes, are set out in Schedule 6 of the Regulations.

What is a planning (scheme by-laws) condition?

A planning (scheme by-laws) condition is a condition of a planning approval (e.g. subdivision approval) that requires a strata titles scheme to have specified scheme by-laws, that alerts the strata company and the owners of the strata lots of the requirement for approval from the WAPC, the applicable local government or any other specified body (e.g. government agency or utility service provider) before a strata scheme by-law may be amended or repealed.

Does the Leasehold Scheme subdivision trigger public open space contributions?

Normal planning considerations will be taken into account in relation to a proposed leasehold scheme, such as:

  • the number, size and arrangement of proposed lots, including any common property
  • proposed infrastructure and servicing arrangements
  • proposed access and egress arrangements for lots and the scheme; and
  • proposed land use and development, and
  • the relationship of the proposal to existing and intended land use and development in the subject locality.

The powers to impose conditions are the same regardless of the tenure, which means that the provision of public open space will need to be considered during the assessment of each application.

Public open space may be required to be provided, or it may be more appropriate for cash in lieu of land being provided, depending on the merits of the application. 

Cash in lieu would be used for improvements or maintenance of existing public open space or acquisition of public open space in a more appropriate location which would serve the residents of the leasehold scheme.

Why do the Regulations define open space?

The definition for open space in the Act and Regulations is not intended to replace the definition outlined in State Planning Policy 7.3 Residential Design Codes - Volume 1. Rather, the detail provided in Regulation 7 aims to clarify how open space is calculated within a private development site.

What is the duration of approval of an application to undertake a subdivision?

Part 4 Regulation 18 of the Strata Titles (General) Regulations 2019 prescribes a period of two (2) years for the approval of a strata (built) subdivision. Before the end of the two (2) year period the applicant is to complete the construction of the dwellings, satisfy any conditions of approval and make an application for the endorsement of the scheme plan.

Part 10 section 145 of the Planning and Development Act 2005 prescribes a period of four (4) years for the approval of a survey-strata subdivision for more than five lots and three (3) years for any other case.  Before the end of the three or four year period (as applicable) the applicant is to satisfy any conditions of approval and make an application for the endorsement of the diagram or plan of survey.

If works are not completed and/or the conditions have not been satisfied before the expiry of the approval, a new application will need to be submitted.

What rights of review exist concerning decision-making in relation to an application for approval to undertake a subdivision?

Section 27 of the Strata Titles Act 1985 provides the right to apply to the State Administrative Tribunal for a review of a decision makers decision to refuse an application or to impose conditions on the approval of a strata application.

Part 14 of the Planning and Development Act 2005 provides the right to apply to the State Administrative Tribunal for review of a decision makers decision to refuse an application or to impose conditions on the approval of a survey-strata application.

The right to apply to the State Administrative Tribunal for review of a decision for a leasehold is in accordance with the form of subdivision (strata or survey-strata).

What is staged subdivision?

Strata and survey-strata development has always been able to be undertaken in a staged process, for example to facilitate the next stage of construction through the sale of lots in the first stage.

Amendments have been made to the Act which provide owners with more clarity as to what development will occur within the site and will allow minor variations to progress without the requirement for unanimous consent.

Where can I find more information about the changes to the Act?

Further information on the changes to the Act can be found on the Landgate website via the following link: www.strata.wa.gov.au

Copies of the legislation can be found via www.legislation.wa.gov.au

Community Titles Act 2018 - Community schemes

The Community Titles Act 2018 introduces a new form of tenure for land and buildings to facilitate more complex or mixed-use subdivision and development within a shared ownership environment. 

Underpinning every community title scheme will be a Community Development Statement that sets out how the community scheme is to be subdivided and developed.

To support the implementation of the new legislation, a Community Schemes operational policy and guidelines have been developed. The draft policy and guidelines are available for public comment until 27 April 2021.

Have your say on our Consultation Hub

Frequently asked questions

What are community titles schemes?

Community titles schemes (community schemes) are a new form of tenure coming into effect in Western Australia through the introduction of the Community Titles Act 2018 (the Act).   

Community schemes mean that there is now an option for subdividing a single parcel of freehold land into multiple community titles schemes that together are called a community scheme.  

Community schemes will allow multiple sub-schemes with different uses (residential, retail and commercial) to exist under an umbrella community scheme. This new type of scheme will be important for large-scale precinct developments that require equitable management of common property across schemes.   

Community schemes will not replace strata and survey-strata schemes which will still operate under the Strata Titles Act 1985

When does the Community Titles Act 2018 (The Act) come into effect?

The Act will come into operation upon proclamation. Draft supporting regulations closed for public comment on the 9 December 2020. It is anticipated that the Regulations will be gazetted, with the legislation commencing in mid-2021.

What are the benefits of a community titles scheme?

A community titles scheme provides for the equitable management of common property across schemes. This means that those buying into a community titles scheme know what their entitlements are as well as what they are responsible for and sets the expectation for any contributions to the schemes. Once community titles schemes are implemented, further benefits may be realised. 

How does a community titles scheme differ from a strata-title scheme?

Subdivision in the form of a community scheme allows for up to three tiers of lots to be created within a single scheme. The lots are linked through land tenure but are able to be developed independently.  

Community titles schemes allow for by-law provisions to outline who is responsible for the management or use of the parcels based on lot entitlement. This means that landowners only have to contribute to infrastructure or facilities that they may own and utilise, for example in a tower development with commercial and residential lots: 

  • owners of commercial lots would not be required to pay for the maintenance of the swimming pool owned and utilised only by owners of the residential lots 
  • owners of residential lots would not be required to pay for the maintenance of the commercial lobby, owned and utilised only by commercial tenants. 
Can an existing strata scheme (e.g. strata, survey-strata, leasehold strata) be converted to a community title scheme?

No. The Community Titles Act 2018 operates separately to the Strata Titles Act 1985 and does not make provisions for mixing tenure types. 

A community titles scheme can only occur from a single green title lot. An existing scheme would need to be terminated to a single lot first before it could be created as a community title scheme.   

How do the community title schemes and tiers relate?

Each individual scheme within a community scheme is called a community titles scheme. A community scheme may have up to three tiers of community titles schemes.   

You can create a community titles scheme with up to three tiers:  

  • the initial scheme that subdivides the land is the tier 1 community titles scheme 
  • a tier 1 lot can be subdivided by a tier 2 community titles scheme  
  • a tier 2 lot can be subdivided by a tier 3 community titles scheme  
  • a tier 3 lot cannot be further subdivided.  
Does each community titles scheme need to have a community corporation?

Yes. Each community titles scheme will have:  

  • its own community corporation (similar to a strata body corporate) established on registration of the scheme with the Registrar of Titles  
  • its own set of scheme by-laws, to govern the scheme.  

A tier 1 community corporation includes all landowners of tier 1 lots and the community corporation of each tier 2 lot under the tier 1 lot.  

A tier 2 community corporation includes all landowners of tier 2 lots and the community corporation of each tier 3 lot under that tier 2 lot.  

A tier 3 community corporation includes all landowners of tier 3 lots. 

Can a community titles scheme include common property?

Yes. The community titles scheme may have common property (although this is not a requirement), which the owners of the lots in that scheme own or can use exclusively and are solely responsible for maintaining. Owners in the subsequent tiers may also utilise the common property, that is:  

  • the owner of a lot in a tier 2 scheme has a share in the common property in that scheme and a share in the common property of the tier 1 scheme 
  • the owner of a lot in a tier 3 scheme has a share in the common property of the tier 2 scheme and a share in the common property of the tier 1 scheme.   

An example of this may be the tier 1 subdivision of a lot, with the entrance road into the lots designated as common property. The subsequent tier 2 subdivision would also use this entrance road but would also have its own subdivisional road. The subsequent tier 3 subdivision would be accessed via the tier 1 and tier 2 road but may have its own subdivisional road that is only accessed by the tier 3 lots. 

Common property could also be used by the general public, where a public access easement is applied.  

 

 

 

 

What does a community development statement do?

A community development statement will set out the detailed land use, subdivision and development controls and developer obligations for a community title scheme. It may also outline the purpose for which the land in the community titles scheme may be used, the staging and sequencing of subdivision and development, and other matters relevant to a community scheme including how amendments may be undertaken.   

The community development statement fulfils several purposes including: 

  • guiding decision-making by the Western Australian Planning Commission (WAPC) and local government concerning subdivision and development applications 
  • providing a basis for investment and for the coordination and implementation of investment 
  • designing and coordinating detailed infrastructure and service provision, providing guidance on land requirements and costs 
  • providing clarity and certainty for owners and occupiers on what will be developed and the timing of the development. 

Although registered when the tier 1 scheme is created (i.e. titles issued) the community development statement applies to the scheme as a whole, meaning separate statements are not required for the tier 2 or tier 3 schemes. 

What does the community development statement contain?

Section 25 of the Act outlines the requirements that must or may be included in a community development statement to guide subdivision and development of the land. This includes, but is not limited to, identifying: 

  • the location of the parcel 
  • the number of tiers and the type of community titles schemes 
  • the number, size and arrangements of lots 
  • the requirements for restricted use conditions, restrictive covenants, open space, road dedication, cash in lieu and development contributions 
  • the limitations on the location and scale of improvements 
  • requirements for landscaping 
  • requirements for architectural and design themes 
  • requirements for utility services and utility infrastructure 
  • staging and sequencing 
  • any other matters as outlined in Regulations 
  • any other matter considered appropriate by the WAPC. 

A community development statement needs to be consistent with existing State planning policies, planning schemes or interim development orders.   

Depending on the form and scale of a community development statement, matters may be addressed through both community development statement provisions and scheme or local structure plan provisions, for example, the retention of significant vegetation. 

How detailed does a community development statement need to be?

The complexity of the proposed community development scheme will dictate how detailed a community development statement needs to be.   

Sufficient detail needs to be provided to allow the WAPC to be able to consider and determine the application, as well as whether subdivision and development through a community development scheme is appropriate for the subject land.   

A community development statement can incorporate existing planning instruments such as the local planning scheme or local structure plan. In those instances, development provisions may not be required in the community development statement. However servicing and staging details would still be required, specific to the subject land.  

How does a community development statement incorporate existing planning instruments?

A community development statement must not be inconsistent with the planning framework for the area, as applicable on the day it is approved. In this regard a community development statement is to be consistent with the applicable local planning scheme or interim development orders and any state planning policies. 

A community development statement may incorporate documents into it, for example: 

  • a community development statement may incorporate the local planning scheme, as amended, therefore the community development statement would be amended as the local planning scheme is amended, or 
  • a community development statement may incorporate the local planning scheme, as at a certain date, therefore the community development statement is not amended as the local planning scheme is amended, or 
  • a community development statement may expand on the local planning scheme and existing planning framework, providing more detail on how the site may be developed. 

The WAPC will provide further guidance on the development and content of a community development statement through policy. 

Who determines a community development statement?

The WAPC is the determining authority for a community development statement and has 120 days to make a determination.  

This assessment will include consideration as to whether a community titles scheme is an appropriate form of subdivision for the subject land.   

The WAPC can resolve to: 

  • approve, or 
  • approve subject to modification, or 
  • refuse 

a community development statement. 

Can the WAPC decide not to support a community titles scheme for a site?

Yes. In accordance with Section 23 of the Act the WAPC can determine if a community titles scheme is the appropriate form of subdivision for a particular land parcel with due regard to: 

  • relevant State Planning Policies, and 
  • relevant planning scheme or interim development orders, and 
  • whether some other form of subdivision or no subdivision would be more appropriate in the circumstances to achieve orderly and proper planning, and the preservation of the amenity of the locality in which the land is situated, and 
  • comments received from local government, public authorities or service providers and public submissions received.   

If the WAPC decides the above criteria has not been met and/or another form of subdivision is more appropriate (e.g. freehold, survey-strata) it may refuse to support a community titles scheme for a site. 

Will the WAPC consult local government, public authorities and utility service providers about a proposed community development statement?

Yes. In accordance with Section 22 of the Act the WAPC will notify each affected local government and public authority or utility service provider of a proposed community development statement and give due regard to comments received. 

Can people have their say about a community development statement?

The relevant local government(s) is required to advertise the application for public comment in accordance with Clause 22 (2) of the Act. It is at this stage that members of the public can comment on the proposed community development statement.   

Public comment would be sought on the appropriateness of the land tenure of community title.  

Comment may also be sought on any development requirements identified in a community development statement that may seek to vary requirements of a local planning scheme or structure plan, or provide additional guidance.   

Any submissions received will be referred to the WAPC who must give due regard to the comments. 

Can a community development statement be amended?

Yes. If the community development statement is approved, but not yet registered, it may be amended by application to the WAPC.  

If the community development statement is registered with the tier 1 community titles scheme, before the WAPC can consider an amendment, approval of the amendment by a special resolution of the tier 1 community corporation is required.  

Can approval of a community development statement be subject to conditions?

Yes. Section 24(2) provides that the WAPC may approve a community development statement subject to conditions, to modify the community development statement within a specified time frame. 

Further guidance will be provided on the type of conditions and time period applicable for proponents to undertake modifications and return the community development statement to the WAPC. 

Can the WAPC refuse an application for subdivision where it is not consistent with the community development statement?

Yes. An application for approval of a subdivision must not be approved if it is inconsistent with an operational community development statement. 

Please note, the community development statement may be amended to accommodate a subdivision (or development) that would otherwise be inconsistent. 

Can decisions about a community development statement be reviewed?

Yes. Section 34 provides for an applicant to apply to the State Administrative Tribunal for review of:  

a)  A decision to refuse an application including by:

      1.  making a decision that subdivision by a community scheme is not an appropriate form of subdivision 
      2.  refusing to extend the development period for a community scheme. 
      3.  refusing to approve an amendment or repeal of scheme by-laws.  

      b)  A decision to approve a draft community development statement or an amendment to a community development statement, subject to conditions. 

      If a site has a community development statement, will a local structure plan or similar planning instrument also be required?

      Section 20 of the Act provides for the WAPC to waive the requirements for a local structure plan or local development plan to be prepared, where the subject land is or is proposed to be divided by a community scheme. The WAPC must be satisfied the preparation of the plans or instruments is not necessary, taking into account the existence of a community development statement.

      What is the difference between the approval period and the development period for a community development statement?

      The approval period for a community development statement is the period after it has been approved by the WAPC and before it is registered at the same time as a tier 1 scheme with the Registrar of Titles (through the tier 1 subdivision).    

      During the approval period the WAPC must approve subdivision proposals that are consistent with the community development statement, and all determining authorities must give due regard to the fommunity development statement when considering development applications.   

      The proponent must register the tier 1 scheme with the community development statement within four (4) years of its approval. Once registered, the development period commences. If the tier 1 scheme and community development statement are not registered within four years of approval, the approval lapses and a new application would need to be submitted. There is no ability to extend the approval period.  

      Once the development period commences the community development statement is binding. Applications for subdivision or development that conflict with the community development statement are unable to be approved.

      The development period is 10 years which commences from the registration of the tier 1 scheme. Once the development period ends, determining authorities must give due regard to the community development statement for subdivision and development applications.  

      A proponent may apply for an extension of the development period

      Is subdivision approval required to create a community titles scheme?

      Yes. The community titles scheme is created on the registration of the tier 1 plan with the Registrar of Titles.   

      To create this plan, approval from the WAPC (or relevant determining authority) is required through the same process that applies to other tenure types (e.g. green title, survey-strata and strata). This includes assessment by the determining authority, referral to relevant local government, utility providers or service agencies and where supported, the application of conditions as appropriate and the endorsement of a scheme plan.  

      Is development (planning) approval required for development within community schemes?

      Yes. Approval from the relevant determining authority for proposed developments or land uses is required through the same process that apply to development or land uses on land subject to other tenures. This includes referral to design review panels, and determination by councils or Joint Development Assessment Panels.

      Who needs to sign the application form for a development application and/or subdivision application where a community title scheme exists?

      Before a tier 1 subdivision is registered, the owner(s) of the land can sign applications for development and subdivision.  

      Once a tier 1 subdivision is registered and lots are created, the owner(s) of each lot can sign applications for development and subdivision. 

      Who needs to sign the application form for a development application and/or subdivision application where a community title scheme exists?

      Before a tier 1 subdivision is registered, the owner(s) of the land can sign applications for development and subdivision.  

      Once a tier 1 subdivision is registered and lots are created, the owner(s) of each lot can sign applications for development and subdivision. 

      Are infrastructure contributions applicable and if so, at what stage is payment required?

      A community development scheme may be subject to a Developer Contribution Scheme (DCS) applicable to the broader area, and may also have other contribution requirements associated with the development of the community scheme itself.   

      The staging and sequencing of infrastructure contributions will depend on the proposed community development statement, and where applicable, the DCS for the area. This may require the provision of land, infrastructure and/or financial contributions. 

      Where can I find more information about the Community Titles Act 2018?

      Further information about the Community Titles Act 2018 can be found on the Landgate strata reform website

      Where can I direct any comments or seek further advice on the planning and development aspects of community titles schemes?

      Roles and responsibilities 

      Landgate has primary responsibility for delivering strata reform to Western Australia and has been working closely with the Department and the WAPC. 

      An overview of the changes contained in the reform package can be found on the strata.wa.gov.au website.

      The WAPC is assisting in the delivery of the strata reforms by ensuring the planning system, including policies and processes, are updated to allow applications for the new forms of tenure to be received and determined.

      Fact sheets

      Contact

      Enquiries on changes in the planning system arising from the strata reforms should be directed to stratareform@dplh.wa.gov.au 

      Page last reviewed 22 February 2021
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