35130 — Strata & Community Title
Overview
Node 35130 addresses strata title and community title, the two principal registration frameworks under which land is subdivided into multiple privately owned lots together with property held in common for the shared benefit of all owners. Strata title applies principally to multi-storey and multi-unit buildings, conferring individual ownership of a defined lot — typically an apartment or unit — together with an undivided share in the common property, managed by an owners corporation or body corporate.
Community title extends a comparable structure across broader land subdivisions, typically encompassing multiple strata and freehold lots together with shared infrastructure such as private roads, recreational facilities, and landscaped areas, managed by a community association. Both frameworks create an ongoing governance relationship between individual lot owners and the collective body responsible for common property, distinguishing them structurally from simple freehold subdivision.
This node provides technical reference for practitioners, purchasers, and financiers assessing the proprietary and governance characteristics of strata and community titled property, ahead of the operational detail addressed in the 34300 series (Strata & Owners Corporation Management).
Scope & Boundaries
This node addresses the registration and proprietary structure of strata and community title schemes, including the nature of lot ownership, common property, and the governing body corporate or association. It does not address the ongoing operational governance, levies, and by-law enforcement within an established scheme, addressed in the 34300 series.
This node describes generally applicable principles of strata and community title as at the time of writing. Strata and community title legislation varies materially between states and territories in matters of scheme registration, defect liability periods, and dispute resolution, and jurisdiction-specific advice should be obtained before acting.
Key Concepts
Regulatory & Legal Framework
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Strata Schemes Development Act 2015 (NSW)and equivalent state and territory strata title legislation — administered by state land registries — governs the registration and subdivision of land into strata lots and common property.
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Strata Schemes Management Act 2015 (NSW)and equivalent state and territory strata management legislation — administered by state fair trading and consumer affairs regulators — governs the ongoing management and governance of registered strata schemes.
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Community Land Development Act 1989 (NSW)and equivalent state and territory community title legislation — administered by state land registries — governs the registration and management of community title schemes.
Practical Application
Strata and community title arrangements manifest differently according to the scale and character of the scheme concerned, though each is ultimately grounded in a registered plan establishing lot boundaries and common property.
| Scenario | Application | Outcome |
|---|---|---|
| Purchaser considers an apartment in a strata scheme | Purchaser’s conveyancer reviews the strata plan, by-laws, and owners corporation records to confirm the lot boundaries and any common property obligations | Purchaser proceeds with a defined understanding of the individual lot and the shared common property interest being acquired |
| Developer subdivides a master-planned estate incorporating shared open space | Developer registers a community title scheme establishing individual lots and a community association responsible for shared infrastructure | Estate proceeds under a governance structure in which lot owners collectively fund and manage common property |
| Lot owner seeks to renovate within a strata scheme | Owner submits the proposed works for owners corporation approval in accordance with the scheme by-laws | Works proceed only where consistent with the by-laws and any approval conditions imposed by the owners corporation |
Cross-Series References
Findings are presented on the basis of data and evidence alone.
