Change is coming to the Strata Titles Act 1985 (WA) (the Act) in Western Australia which will bring the Act into line with development of community title schemes and Strata Title legislation and management practices that have been implemented in NSW and other eastern states of Australia.
Why the Change
By 2031, it is predicted Western Australia will be home to more than 3.5 million people putting substantial pressure on existing urban infrastructure. There is a growing demand for greater urban infill and more diverse living options.
The mooted changes to the Act are intended to make the use of strata title developments more flexible, cost-effective for urban infill developments, functional for community living options and provide more effective dispute resolution processes for existing and future schemes.
Critical changes will create new tenure opportunities in four main areas, allowing community titles, leasehold strata, mixed use developments and staged strata developments.
The proposals will also affect changes to vendor disclosure, dispute resolution procedures, the manner in which strata properties are managed and the processes for termination of schemes.
Impact on Local Government
Local Governments need to be aware that some of the proposals have the potential to impact on a range of areas currently managed and controlled by Local Government. In particular the proposed changes to the planning approval process for community title schemes and staged strata developments.
The potential for the evolution of community title schemes where the community delivers some of the traditional local government services may also result in pressure on Councils to levy differential rates and charges on those properties.
Timetable for Change
The current position is that the initial consultation process has been completed and a Summary published by Landgate.
Landgate is currently liaising with key stakeholders to refine the proposals so it is not too late for major players such as Local Government to have input into the changes. The aspirational target date for the Bill to be before Parliament is June 2016.
Full details of the reform can be found on the Landgate Website
For more information on this update or any other strata title matter please contact Greg Mohen on (08) 9321 3755.
The information published on this website is of a general nature and should not be construed as legal advice. Whilst we aim to provide timely, relevant and accurate information, the law may change and circumstances may differ. You should not therefore act in reliance on it without first obtaining specific legal advice.