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Development and Strata Services
Does Your Development Require the Guidance of a Strata Lawyer?
Strata Title is a form of property ownership.
Strata schemes usually consist of a number of units or lots in a building. Each unit is separate and has its own title, while common property is shared by all unit owners.
There are specific rules and relationships associated with this kind of property ownership, such as:
- By-laws, which govern the behaviour of owners in certain situations; and
- Strata levies, which are required to be paid regularly by owners for the upkeep of the building and the use and maintenance of common property areas.
Our highly knowledgeable strata lawyers can help you navigate the unique, and at-times complex, considerations involved in strata and stratum titles.
A Strata Lawyer Can Advise You on Various Structures
Strata schemes may be used for residential units, commercial suites, retail spaces, or mixed use developments.
Developments that intend different areas of a building or piece of land to be used in different ways could benefit from a plan known as stratum subdivision. Assume a developer wishes to construct three buildings on one parcel of land, for example, with one building reserved for residential units and the others intended for commercial use. This situation would be suitable for a stratum subdivision.
Even if a single building is intended for mixed use, where the ground floor is reserved for commercial use and the other floors contain residential units, a stratum subdivision plan may apply.
This plan defines different uses within a building or piece of land, but unlike a strata scheme, a strata subdivision does not create an owner’s corporation or collect levies, among other things.
A stratum subdivision brings a number of advantages, such as ease of management, practicality and business efficacy. But various rules apply. Gavel & Page strata lawyers bring the necessary knowledge to advise you on the most appropriate structure for your property and the skill to draft relevant documents, such as strata and building management statements.
How to Regulate the Use of Buildings and Shared Facilities
Wherever a stratum plan is registered on a piece of land, a strata management statement (SMS) is required.
A SMS regulates the management of the building(s) and shared facilities, such as elevators, stairs and fire safety equipment. It is important that all parties who share the use and maintenance of these facilities understand their respective rights and responsibilities.
For example, consider a parcel of land containing buildings A, B and C, where buildings A and B are separate strata plans and building C is not a strata plan. Buildings A, B and C would no doubt share certain facilities, such as lifts, garage roller doors, insurances, walkways and lobbies. The development, then, would need a document regulating when and how each building may use the facilities and how much each building should contribute to repair and maintenance costs. In this case, an SMS would need to be registered with the stratum plan.
Testimonials
I was a little cautious about lawyers generally, even more so since I was embarking on my very first development. A referral to Gavel & Page Lawyers let me put my previous concerns behind me. Open. Direct. Clear communication. Detailed and productive advice. Competitive fees. Down to earth and contactable. Not sure what else you need.
Constructing a landmark development has its own stresses. It was such a pleasure to know that Gavel & Page Lawyers had thought of everything for us from a legal perspective, allowing us to focus on the construction of the development. They were very easy to deal with and always contactable.They drafted all the off the plan contracts for the sale of the 100 residential units, drafted our subcontracts, negotiated Agreements to Lease and the Leases, were available weekends in attending the project’s launch and competently advised us on all issues along the way including construction issues. They made the sale of the units and leasing the retail/commercial spaces seem as simple as selling a house and their services came at a very competitive price. In short, the quality of their service was next to none.
Gavel & Page Lawyers are now our “go to” firm for any contract or property related transactions. They were referred by a family friend and we were not disappointed. They reviewed all the documents and advised us on all the issues surrounding our purchase of a commercial property, ensuring the transaction ran smoothly and relieving a lot of the stress involved They also reviewed, drafted and settled commercial terms which were fundamental to our business. They explained the terms in a way that helped us understand their implications and significance which was of great benefit. A pleasure to deal with, down-to-earth, reliable, efficient and competent. Great job! Highly recommended!
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