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
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.
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