Another Strata question

[herewego]

I've been searching the forum but no luck yet...

We are interested in a property that is survey strata in Perth. In order to see the strata plan do we just ask the agent? Does he have to show us? Does the strata plan that he shows us have to include all the intricacies of the plan?

Sorry if they are silly questions but from my web searches it seems that the details of this plan are pretty darn important if we are thinking about renovating.

Thanks

 

[Joel]

From my limited experience, agents quite often have the title with them which will show the plan of the whole strata property and outline the boundaries of different lots and common grounds.

I'm sure they will get you a copy if you are really interested in the place failing that maybe you can order one from landgate.

Not sure what you mean by intricacies of the plan. Usually all I see are boundary lines/walls are. It's not a detailed engineering of the whole property showing sewer/water/electrical lines, doors, windows, structural walls etc.

Maybe there is more which others can enlighten you with.

Joel

 

[herewego]

"The other features and obligations which apply to strata schemes also apply to survey-strata schemes, e.g. by-laws, common property, strata company, and structural alterations"

That is from a Landgate document.

And below is from another site (hope I can quote without problems)...

"really need some advice here. have just been informed that i need to get planning approval to modify a room into an ensuite. the only thing that is being done is opening a doorway into the other room and of course plumbing/tiles.

the council informed my builder that since my house is under survey strata, planning approval is required on top of building approval.

The thing that confuses us though is the room being modified is completely inside our boundary and not in anyway affecting the common property area.

Why do they still need to write to the back unit and ask for their consent? its not on common property and does not affect them in anyway. also, when asked if i can personally approach the back unit and ask for consent they said that the council has to send a letter and wait 21 days for replys. holy mother of bureaucracy batman! is this right? a consent letter is a consent letter.

i'm going to see the town planner tomorrow and i need some advice to argue my case. going through the planning approval stage is going to add another 8 weeks wait time on top of 8 weeks build license wait time."



This is what I want to know about. I don't want the owner of the rear block stopping me from doing what I want within my own block (within reason)

 

[thatbum]

You can ask the agent for the strata plan and most agents will be able to give you a copy or get one for you without much effort.

As for your rights under survey strata, it depends on a few things, mostly the strata plan and how many other lots there are in the strata. Its worth checking with a town planner probably.

For example my understanding is that a 2 lot survey strata with no common property is pretty much as good as a green title lot in terms of doing whatever you want.

 

[westminster]

Herewego - I think you are referring to the strata laws of the body corporate.

Some sites don't have a body corporate if there is no common areas.

These rules aren't on the strata plan.

This document should answer most of your questions

http://www.landgate.wa.gov.au/docvault.nsf/web/FOR_LG_Strata_Titles_3.03/$FILE/STRATA-Title-Guide-ONLINE.pdf

And I think this link
http://www.austlii.edu.au/au/legis/wa/consol_act/sta1985173/

 

[herewego]

That first document, Westminster, is perfect. Thank you so much.

From that document....

"7A . Structural erections, alterations and extensions restricted, survey-strata schemes

...

(2) The proprietor of a lot shall not cause or permit —
(a) any structure to be erected; or
(b) any alteration of a structural kind to, or extension of, a structure to be made,
on his lot if on completion of the work the structures on the lot will not conform to plot ratio restrictions or open space requirements for the lot, except — ..."

Looks like any internal changes, external paint schemes, garden changes etc don't require any approval from the other lot owner. (the house we are looking at is on a 2 lot survey-strata scheme). It also means that a large number of other alterations may not require any approval from them either as long as they don't break this rule.

Thanks also to thatbum and joel!