Exclusive use of common property to a lot owner
If an owner’s corporation wants to change access to a common property area, such as providing an individual lot owner with access to an attic, or allow them to construct an extension on common property such as a pergola, they may either pass common property rights by-laws or subdivide the common property to this effect.
Either option may involve financial agreement between individual lot owners and the owner’s corporation. It is a matter for the parties involved to decide which action (by-laws or subdividing common property) suits their intentions and needs. Passing common property rights by-laws to allow lot owners to have exclusive use of an area of common property while the land remains in the ownership of the Owners Corporation is an option often adopted by strata schemes.
For more information on changing by-laws see changes to by-laws.
Transfer of common property to a lot owner
If an owner’s corporation wants to transfer part of common property to an owner so that their lot is extended to incorporate this area a plan defining the new lot and the remainder of common property must be registered with NSW LRS.
A registered surveyor must be engaged to prepare a Strata Plan of Subdivision for registration with NSW LRS.
A Transfer dealing form must be lodged either with the strata plan or after its registration to resolve the ownership by transferring the new area (formerly common property) into the lot owners name.
Transfer of part of a lot between owners in a scheme
If an owner wishes to transfer part of their lot to another owner so that their lot is extended to incorporate this area, for example swapping car spaces, a plan defining the lots including the proposed changes must be registered with NSW LRS.
A registered surveyor must be engaged to prepare a Strata Plan of Subdivision for registration with NSW LRS.
A Transfer dealing form must be lodged either with the strata plan or after its registration to resolve the ownership by transferring the new area into the lot owners name.
Consolidation of lots and or common property
If an owner’s corporation wants to consolidate lots only or lots and part of the common property being a wall, floor or ceiling which separates those lots, a plan defining the new lot(s) must be registered with NSW LRS.
A registered surveyor must be engaged to prepare a Strata Plan of Consolidation for registration with NSW LRS.