Lease of additional common property or associated land
Additional common property (Strata Schemes)
The owners corporation in a Strata Scheme may add to existing common property by leasing land. See section 25 Strata Schemes Development Act 2015.
The land in the lease:
- must comprise a lot(s) in a current deposited plan,
- must be contiguous with the common property parcel,
- must be Real Property Act land,
- cannot be Qualified or Limited Torrens Title, and
- cannot be held as a Perpetual Lease from the Crown.
Where a plan does not exist, it will be necessary to prepare a deposited plan as follows:
- when the term of the lease, including any option for renewal, does not exceed five years, the plan must be a plan of survey defining only the land to be leased.
- when the term of the lease, including any option for renewal, exceeds five years, the lease effects a subdivision within the meaning of s.7A(3) Conveyancing Act 1919.
The plan must be a plan of survey defining:
- the land to be leased as one lot, and
- the residue, if any, of the lot from which the land is leased, as a separate lot.
Unlike a plan for purchase purposes, the plan must not show the existing common property and the leased land as a single lot. Further, the plan:
- will require approval from a subdivision consent authority
- will not affect or create common property until the registration of the lease, and
- does not require the consent of the owners corporation.
Lease of additional association land (Community Schemes)
Association property comprised in community schemes, precinct schemes and neighbourhood schemes created under the Community Land Development Act 1989 may be leased. See Registrar General's Directions for Community Schemes.