Alteration to Lot Application

So you are looking to alter your lot?

The Strata Titles Act of WA 1985 – amended sees that proper application must be made.

If you would like to review the Strata Titles Act Amended, click here.

Strata Titles Act 1985 Amended

87. Structural alteration of lot in strata scheme

(2) The owner of a lot in a strata scheme, other than a 2-lot scheme, must not cause or permit the structural alteration of the lot except —

(a) with the prior approval, expressed by resolution without dissent, of the strata company and, for a leasehold

scheme, the prior written approval of the owner of the leasehold scheme; or

(b) if —

(i) the prior written approval to the structural alteration has been given by the owner of each lot in the scheme, and, for a leasehold scheme, the owner of the leasehold scheme; and

(ii) all approvals are either unconditional or are subject to the same conditions; and

(iii) a copy of each approval is served on the strata company.

 

(3) If an application is made under this section for approval for the structural alteration of a lot, the owner of any other lot in the strata scheme or the owner of the leasehold scheme may refuse to give approval on a ground permitted by subsection (5), but not otherwise.

 

(4) If an application is made to a strata company under this section —

(a) notice of the proposed resolution on the application must contain or be accompanied by a statement, in the approved form, of the effect of paragraphs (c) and (d);

and

(b) if a vote on the resolution is taken at a general meeting, the chairperson must, before the vote is taken, read out the statement referred to in paragraph (a); and

(c) the vote for a lot may be cast —

(i) against a resolution to approve the application; or

(ii) in support of a resolution to refuse approval of the application, on a ground permitted by subsection (5), but not otherwise; and

(d) a vote referred to in paragraph (c) is of no effect unless the person casting the vote discloses as a ground for the person’s vote 1or more of the grounds permitted by subsection (5).

 

(5) The grounds on which approval may be refused are —

(a) that the carrying out of the proposal will breach the plot ratio restrictions or open space requirements for the lot;

or

(b) in the case of a lot that is not a vacant lot, that the carrying out of the proposal —

(i) will result in a structure that is visible from outside the lot and that is not in keeping with the

rest of the development; or (ii) may affect the structural soundness of a building.

or

(iii) may interfere with a statutory easement;

or

(c) any other ground specified in the regulations. [Section 87 inserted as section 7 by No. 58 of 1995 s. 13; amended, renumbered as section 87 and relocated by No. 30 of 2018 s. 10 and 84.]

 

If you would like to view the Strata Titles (General) Regulations 2019, click here.

This application may seem to be an onerous task however, the Strata Titles Act is specific with what may or may not occur in Strata Titled properties.

Internal repairs that are not of structural nature such as internal painting do not require an application.

Alteration to building, removal of internal walls, alteration, replacement of flooring in multistorey and properties where noise may transfer etc. require application.

 

If no proper application and subsequent approval by RWD, Resolution by Dissent at a properly convened General Meeting is obtained and you construct your alteration your Strata Company, may seek orders through SAT, State Administrative Tribunal for you to reinstate any unapproved alterations at your own cost.

© 2003-2019 by Abode Strata. Privacy Policy
The advice within is general and has been prepared without taking into account any specific or personal objectives, financial situation or needs.

Please also note this general advice was provided prior to the new strata title amendments were proclaimed and will be updated in due course.

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