Encroachments

In some case the building which is the subject of the strata scheme may encroach on the adjoining land. The surveyor must indicate the details of the encroachment in the certificate. The extent and nature of the encroachment must be indicated on the location plan.

  • If the encroachment is over a public place, which includes a road, public reserve or drainage reserve it must be accepted in the Strata Certificate.
  • If the encroachment is over private land an appropriate easement to permit it to remain must be created by a plan of survey and the creating instrument indicated in the surveyors certificate.

It is possible for the internal walls of a building to extend beyond the parcel boundaries this may be with a balcony or a bay window. The plan must show the lot boundary as a thin line and have connection from the part of the building inside the parcel to establish its position. If it is intended that the part of the land inside the building but outside the parcel boundary is intended for the use of the adjoining lot the plan should have an appropriate notation, see section 39 Strata Schemes Development Act 2015 and clause item 3(g) of schedule 3 Strata Schemes Development Regulation 2016.

Example

The part of the first floor which encroaches over the parcel boundary is for the exclusive use of the adjoining lot. The provisions of the act apply to this area other than those relating to ownership and certificate of title.