Semi-Detached...in simple terms

No, most strata means near everything is common, but exclusive use of the lot as defined in the plan/s.

 

Okay - end result is the same in my case, but yes you are right, unless defined explicitely, it's all common.

 

I am familiar with how NSW works and there can be variations to plans, so check it all out.

It means often that both parties are responsible for certain upkeep, and repairs etc and share the costs, usage of a lot will usually be exclusive, but this also means you cannot just make changes as you like, say to internal walls, plumbing, even installing an AC etc.

A lot of them are not run properly, if you have the opportunity to split it into seperate titles so it becomes like a normal detached house style title, IMO that is much better, but would require both to agree to these changes.

HTH

 

Yeah that's the plan, as soon as we get the keys we'll apply for the strata survey and get it split. It's an odd arragement I find, I don't think it exists in many countries, it certainly does not in "continental" Europe. Probably makes some sense so it allows lower income to get a house without having to buy the whole block. Dunno.

 

There are 2 kinds of Survey Strata in Perth, Survey Strata without common property and Survey Strata with common property.

Survey Strata without common property divides the land into lots for the exclusive use of each owner.

Survey Strata with common property divides the land into lots for the exclusive use of each owner plus an additional lot or lots for common use, such as a driveway.

Survey Strata is not like strata in other states.

 

Duplexes like the one you are buying were created in a built Strata Scheme because that's all that existed at the time they were created. However, over time it was found that having all the land in common property caused some issues. To rectify this, the legislation was amended to allow Strata Plans and Survey Strata Plans. With a new Strata Plan you can designate part of the lot for exclusive use. This resolves the issues that occurred with the old type of plan that this duplex has.

I bought into one of those old strata plans and all the owners (there were 4) got together and we had it converted to a survey strata plan through Landgate. It did not need WAPC approval. Personally, I think survey strata is preferable.

 

I prefer full title, I am not sure what strata survey is, does it still have common areas and strata fees and all the other things ?

The idea of strata, is to avoid things like say a driveway that needs replacing from being left as no one agrees to repair, maintain, replace, but I think for semis and duplex would be better without, as you get more dwellings, then it works better if there are some who are engaged.

Can you split these to be own own title at all and do away with strata altogether ?

 

It depends. A Survey Strata without common property would have no common areas and no strata fees.

I doubt it. That would require a freehold subdivision which may not be possible because of the shared wall. Either way the shared wall will require a Party Wall Easement. I don't know if Freehold lots can have a Party Wall Easement but I guess it is worth asking the question.

The other complication if considering Freehold rather than Survey Strata is servicing. Converting this scheme to Survey Strata won't require any changes to servicing. Subdividing to Freehold would.

 

Yes, with freehold you have or will have somewhere, a common party wall, it may just be a garage for example & you cannot remove that wall as it is a fire wall as well, but you can tear down the rest and build what you like subject to council.

All services are kept separate as well, I would do that even if I built a strata duplex, but then again most are looking for short cuts.

 

Two issues. First, this is an existing scheme and to convert to freehold (if possible) would be expensive. Would there be sufficient return on investment to make it worthwhile? I am not sure of that.

Second, it is not necessarily a shortcut. Many new developments do not qualify for freehold subdivision. Survey strata and strata plan may be the only permitted options. I am doing a development now where strata is the best option for now. I cannot subdivide to freehold lots because I don't meet the requirements and there is no discretion.

 

A strata (surveyed) and a freehold aren't the same I gather ? Is strata when the two properties touch each other and a freehold is a house with four independant walls then ?

 

It's a bit more complicated than that.

A freehold lot is created under the Planning and Development Act 2005 and will have it's own services.

A survey strata lot is created under the Strata Titles Act and shares services with one or more survey strata lots, although each lot's services are metered separately.

 

Freehold in NSW could have a common wall still, so touching, also strata could be multiple buildings not joined.

@Perthguy Why would you need services together, and not separated ? such as gas lines, electrical lines, water, water meters, sewer ?

That is what I meant by shortcut, certain shonky types of builders up here would try and plonk anything together to save money, having these things separated but under the same plan would add some value I think, for instance I would baulk if my sewer line ran into a common line next door, because people can be funny, such as not allow you on property, or build something over it or even a spiteful person could block the line.

Some places you may not be able to or may not be practical.

 

Yes but its all pursuant to what the strata plan actually says - there's no such thing as a default strata plan. You need to eyeball the strata plan and see what is common property, and what is considered property of each individual lot.

There is also a big difference between survey strata and built strata in the context of a two lot strata scheme - in the former, you may not need to consult the other owner for alterations within your lot for example.

 

Djeezus this is does my head in...

 

It's not a matter of need, it's a matter of what the servicing authorities will supply. Western Power will only provide one electricity supply per freehold lot. That means all survey strata lots have to share one electricity supply. This is not negotiable.

Land tenure in WA is not the same as NSW. Here there are many time where freehold is simply not possible. It is not a matter of taking shortcuts, it simply can't be done. The only option is Strata or Survey Strata or you do not divide your lot.

 

Don't worry, your not alone, and is part of the reason why many are not run well & most remain ignorant.

Yeah, gotcha, so falls under...

I bet the council still get's 2 x rates though, as it still should be 2 lots, otherwise it is a dual occ not a semi ? Duplex ?

I do get what your saying though, but I may as well learn too as we may invade the West soon

 

Oh, you bet you get 2 rates. 2 council rates, 2 water rates, you name it. It is definitely 2 lots. Just not lots like we are used to.

Good luck. It's a complex system. They are currently reviewing to try to simplify.

I know about some of this from my current project. I went to council and asked them about freehold lots... no go. Strata or Survey Strata only. So I spoke to Western Power and they were adamant I could only have one electricity supply, no negotiating. It is what it is.

 

It sounds more complicated that it is..

Green Title (aka Torrens Title) - the owner has full rights to do whatever they want within their green title Lot, within council and state planning regulations. The lot has it's own electricity, water and sewer connections to the mains.

Survey Strata - Essentially the same as green title, in that you can do what you like within your survey-strata Lot. Each survey strata Lot in a sub-division has common property, sharing the same connection points to the mains for electricity, sewer and water, though each lot has it's own meters. In some cases e.g. rear blocks, the Lots will have additional common property like a driveway.

Strata Title = The land parcel is divided up by survey once construction of units is complete, and each unit owner has a designated allocation of the surveyed area. e.g. apartments, villas, townhouses or duplex with a shared wall. Generally you can't modify your allocation without permission of the other unit holders. e.g extensions, change outside appearance etc. The rules are a little more complicated with what you can and can't do for Strata-Title, but they aren't difficult to understand.

 

Good write up @Phase2, except:

I have seen Survey Strata Plans with no common property.