Converting from Strata to Torrens title

Has anyone had any experience converting a strata titled unit to a torrens title (SA)?
What are the requirements/hurdles to do this, costs involved, and significant pros/cons (aside from the potential increase in value)?
cheers

 

Not really possible for 99% of strata properties I would have thought. What sort of property is it?

 

Costs would likely be in the form of a surveyor to map out the boundaries, a conveyancer to put the title together and a nominal fee to state and / or council so that they can have their Friday afternoon drinks.

Hurdles would likely be the approval from the body corporate to amend their plan. Especially if there's any common areas (not only 'space', but also services like water or utility lines) that would be become personal. There might need to be separate stuff laid.

Other issue is that there might be a different fire rating or building code needed for a torrens title dwelling than it currently has which means you might need to go about doing works to bring it up to compliance.

If you're referring to the property I think you're referring to, it'd likely be very difficult since you're the middle unit and it'd leave the other 2 'stranded'.

 

In order to convert from strata to torrens, you need to consolidate the entire strata plan, which generally means that you need to own the entire complex. Otherwise, if the lot you own is of a size which would qualify for title in its own right (refer to the LEP & DCP), then you'd need to submit a DA for the re-strata titling (new strata sub-division, compliance with any new DA requirements, building upgrades etc). If it isn't a free standing ground floor unit you may find it difficult to progress beyond 'Hi, my name is Eskander & I'd like to ....." before they start to laugh.

 

@thatbum @Scott No Mates thanks for the replies guys. It's a ground floor unit in a block of three, all in a row and on a rectangular corner block. Don't own all the units but the other 2 owners are interested in the idea as well

 

The likelihood is that the only way to get 3 titles was a strata subdivision as the block is too small to create 3 separate Torrens lots. You'd need to review the LEP, DCP and the planning maps to confirm if it's possible.

 

What about a Duplex? Strata to Torrens?

 

concur with SNM - it will need to meet the minimum lot area for torrens subdivision, it's possible, BUT............

I assume you mean units standing side by side and not above. Joined by a common wall like semi-detached cottages or terraces ?

because its already only Strata Title suggests it doesn't meet minimum lot areas.

but lets say it does, the strata scheme would need to be dissolved. Then all services will need to be separated and or existing traced and easements created within a new subdivision plan.

I have done a few but you may baulk at the survey fees involved.
however end game, torrens title is generally more desirable.

 

I ask because I viewed a Duplex, 295m2 on title, Strata Title (next door is slightly bigger) and just don’t know why they strata’d it all those years ago other than it may have been easier to subdivide? Ryde Council.

 

Hi there,
Found this old thread and reply of yours and I am in similar situation, not exactly same though.
I am building a duplex in NSW and was suppose to be torrens title, got DA approval from council and DA says "Torrens title" on it along with the plans. Unfortunately my builder got busted and I eventually found a new builder, fast forward 1.5 years, new builder asked on email if torrens or strata title to which I replied "Torrens title" and DA says the same. Now, at the slab stage, builder is saying it is very hard to subdivide my block and I have to fight council and Construction certificate was obtained on the basis of strata title by Acrocert(Construction certificate company) which came to me a surprise. My questions:

1) Why I would have to fight council when council gave DA stating "Torrens title"? I am thinking shouldn't it be more difficult to o for strata as it is going against the council?
2) How can Acrocert gives CC on strata title when council approved "Torrens title"?
3) Can I change Starta to torrens after build by myself, and how much roughly it will cost (lake macquarie council) end to end and how easy or difficult it will be?
4) Is builder playing naughty here and trying to save some bucks or time? As I was never told till now, you think I should agree for strata for worst case? Considering my build is almost 2.5 years delayed.
5) Would there be any impact on valuation in future strata vs Torrens title if I plan to sell one or both, other than the common insurance for both?

Really appreciate your response and help or suggestions if you may have any

Thanks,
DM

 

@innovatism By law the CC should be consistent with the DA and the CC should never have been issued for strata subdivision if the DA was for Torrens. If I were you I’d take it up with the certifier and ask them to reissue the CC for Torrens. Not only is Torrens more valuable it might all save you a headache when it comes to registering the subdivision with the land titles office.

 

what does your Surveyor say. He is the only one that can subdivide land - not your builder.

do you have a copy of the proposed subdivision plan that was lodged with your DA

i'm confused with your comment "my builder got busted"

did he build the house in the wrong spot or not to plan ? if so then maybe it now doesn't comply with the regulations for Torrens.

what do you have approved, because the surveyor will prepare the plans and documents to comply with the approved DA.

there are two signature panels on the subdivision plan.
1. for the surveyor
2. for council subdivision certificate

without these you are going nowhere

 

Thank you for your reply.

Builder got busted as in first time my builder got bankrupted after I bought the land and he had lodged the DA which was approved before he filed bankruptcy.

Next builder (Current one) I found, is using the same DA as DA is valid for 5 years and I have shared all the documents including soil testing , BAL etc etc from previous builder I got, with the new builder.

New builder said due to some issue in land slope etc, he had to do minor tweaks related to retaining walls but end product will be the same and comply with what is DA approved. They have done CC with Acrocert.

Now they just have poured the slab last week but a day before pouring slab they sent me an email that it is not possible to subdivide and they have tried hard but CC they got from Acrocert is on the basis of starta title and if I really want Torrens title I have to fight council. So, going forward my build will be strata title. This was a shocking surprise for me as no one had shared anything on this till now.

BUT, A) My point is why do I have to fight council when council approved Torrens title (DA says torrens title).
B) How can Acrocert or anyone can issue CC on strata title when DA is approved on Torrens title. I am no expert but thought these should comply each other.

I have asked them the same and I got an email that they will check with Council again and still waiting.

Thanks,

 

Thank you.

I have the same understanding and thoughts on this but builder is saying something different and I have raised this. They have poured the slab so not sure how and if it is possible to reissue the CC. In my opinion anyway it should be in accordance with DA. I am waiting from them for the final reply after i had raised . Thanks again for your reply.

 

You will need to engage a subdivision certifier to assist as most building certifiers can not provide the subdivision certificate. The CC you obtained is for the build and not necessarily the subdivision if council had already approved a torrens subdivision then contact a subdivision certifier to get their thoughts. The subdivision certifier along with the surveyor will handle all the subdivision.

In terms of the build there are a few differences in services arrangements to consider as well which would impact the arrangement. I.e electricity mains arrangements in strata vs torrens differ. Same as water connections and s73 works.