Hi All, My area is in R40 code, I own the front block of the battle axe survey strata (2 lots in total), the block size is 410 SQM, and the common driveway is 80 SQM. Can I re- subdivide my block if get the agreement with my rear neighbour, my assumption is that my total site area is 410+80/2=450 then it will meet the minimum requirement of R40, which is 440sqm, just wonder if this calculation make sense? Appreciated with any input. Thanks!
You'll need to do the whole survey strata plan again. You can't just add a lot - the whole scheme has to be redone. You will definitely need the approval of your adjoining neighbour. The only way around the above is if your new lot is part of the existing scheme and entitlements were laid out for it in the beginning - but odds are, it isn't.
Yes, you are correct. As long as the two blocks you are creating meet the minimum areas (180m² each) then you can use your share of the common property to make up the average area required. Its just a re-subdivision of the strata plan. Your lot 1, say, will now become lots 3 and 4 on strata plan xxxx. You are also correct in that you will need unanimous resolution of the strata scheme. Capital gains tax? Stamp duty? You should talk to your accountant, and your new best friend, the local Licensed Surveyor.
I remember reading about a plan of resubdivision in either Landgate's Land Titles Registration Manual or Strata Titles Registration Manual. I got the impression it could be done but would depend on access to common property I guess.
Thanks @Perthguy! I visit the Landgate website and find the Strata Titles Practice Manual, very useful document.
Hi Eric. I have a situation similar to yours where i own the front block. Was it an easy process as its not common? Can i also ask whether the new sewer line connection was able to be tied into the existing sewer line of your property or did you have to access your neighbours property? Cheers
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