Buying a land with Expired Strata development contract

Discussion in 'Development' started by Karl1985, 1st Feb, 2022.

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  1. Karl1985

    Karl1985 Active Member

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    Hi
    i am looking at a land for sale, it is part of a strata land where they developed half of the complex over 10 years ago and did they did not build the remaining proposed units. the selling realestate agent told me that you can not build a single house on the land but you have to finish all the remaining units, i am wondering why is that even though i see in the contract of sale that the development contract expired 6 years ago.
    The land had separate entry off the street, so wont need an access easement
    if i want to purchase the land to build just a single house, how hard would the process be?
     
  2. thatbum

    thatbum Well-Known Member

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    You're buying a strata lot with no building on it?

    Wouldn't you need strata permission to basically do anything with it?
     
  3. Karl1985

    Karl1985 Active Member

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    i guess so, because the whole land including the neighboring one which is now a complex of over 10 units was meant to be developed together but looks like plans did not go well for them. and they left a big portion of the land not built and now they are selling it cheap. i am not sure how is it counted as a strata land if it is not yet built, should not the title still be Torrens until the complex was built?
     
  4. Scott No Mates

    Scott No Mates Well-Known Member

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    If the development has reached 'substantial commencement', the approval won't lapse.

    Is the remaining portion of the site in a different stratum to the first stage?
     
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  5. thatbum

    thatbum Well-Known Member

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    Unusual, but not legally impossible.

    You're the one that's described it as "strata land" - so is it a strata lot or not?
     
  6. Karl1985

    Karl1985 Active Member

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    they have developed less than half of the total number of proposed units,they all are part of the same strata plan, and water easement was through the remaining part
     
  7. Karl1985

    Karl1985 Active Member

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    it is a strata lot, but because i do not know the process of strata development, i was wondering that how could they end up with an empty strata land for sale
     
  8. thatbum

    thatbum Well-Known Member

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    A few different ways. In WA we actually have a strata system that can be partitioned by reference to land rather than buildings, but even in the latter, there could be some unusual situations where it could happen.

    Best to get proper legal advice on what can be done if you want to buy something like that.
     
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  9. bmc

    bmc Well-Known Member

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    NSW ? it sounds like a staged strata.
    the remaining lot is possibly a development lot within the original strata scheme
    there will be a Strata Development Contract attached to the original stage document

    without knowing the full details of this site, this statement is most likely correct.

    the development was approved and for unknown reasons the developer cannot / will not complete.

    the development contract indicates to the buyers in the first stage exactly what was to be built in the future, so unlikely to be changed without consent.
     
    Last edited: 1st Feb, 2022
    Scott No Mates likes this.

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