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Strata Certificates

What is a strata plan? 

A strata plan is a subdivision of a parcel of land into separate lots and common property. The parcel to be subdivided must have a building or part of a building within its boundaries. A strata plan can only be prepared by a Registered Surveyor. The lots and common property to which the plan refers assumes the lot and plan number as its new title. NSW Land and Property Information (LPI) is the key provider of land information services in New South Wales. The Office of Registrar General was created to monitor and enforce performance of the land titles registry business of LPI. It is the responsibility of the Registrar General to ensure that plans and associated titles comply with the requirements set out in legislation. More information about LPI can be found here.

A strata plan cannot be registered by LPI unless it has a Strata Certificate. The Strata Schemes Development Act 2015 (Strata Act) sets out the laws under which strata schemes in NSW takes place. The Strata Act defines a Strata Certificate as a certificate in the approved form issued under Part 4 of that Act that authorises the registration of a strata plan, strata plan of subdivision or notice of conversion.

Who issues a Strata Certificate?

A Strata Certificate can be issued by Council or an accredited certifier. A Strata Certificate for most strata plans can not be issued unless the following matters have been satisfied:  

  • for land proposed to be subdivided that is within a water supply authority’s area of operations—the water supply authority has issued a certificate of compliance for the proposed subdivision, and
  • a construction certificate has been issued under the Environmental Planning and Assessment Act 1979 in relation to the erection of each building containing a proposed lot to which the plan relates, and
  • each proposed lot in the plan substantially corresponds with a part of any such building shown in the building plans accompanying the construction certificate and is designated in the building plans as being intended for separate occupation, and
  • each building was completed not more than 12 months before the application for the strata certificate was made, and
  • each building containing a proposed lot to which the plan relates and any common property outside of each of those buildings has been inspected by the local council or accredited certifier and the local council or accredited certifier is satisfied that:
    1. the floors, external walls and ceilings depicted in the plan correspond to those of the building as constructed, and
    2. the floors, external walls and ceilings of the building as constructed correspond to those depicted in the plans and specifications that accompanied the construction certificate for the building, and
    3. any facilities required by the relevant development consent (such as parking spaces, terraces and courtyards) have been provided in accordance with those requirements.
    4. all other matters in Part 4 of the Strata Act have been satisfied.

How do I get a Strata Certificate?

To obtain a Strata Certificate from Council a completed application form must be lodged with Council and is to include the following:

  1. a letter detailing the documents accompanying the application;  
  2. an original strata plan administration sheet (clearly identified as the original) and 1 copy
  3. three (3) copies of the strata plan;
  4. an original of any other relevant documents requiring Council’s execution (clearly identified as the original) and 1 copy;
  5. a completed strata certificate checklist (see application form);
  6. a copy of the relevant development consent and construction certificate and approved plans; and
  7. a report addressing each of the conditions of the consent where a development consent has been issued for the strata subdivision, together with evidence of how these conditions have been satisfied; and
  8. where a development consent is not required for the strata, details demonstrating compliance with the provisions of the relevant legislation (eg. Exempt Development under Byron Local Environmental Plan 2014); and
  9. a certificate of compliance from the Water Supply Authority (Byron Shire Council or Rous County Council, as the case may be) for the subdivision; and
  10. a copy of the final occupation certificate for the building works from the Principal Certifying Authority; and
  11. a copy of the completion letter for any subdivision works from the Principal Certifying Authority; and
  12. payment of the appropriate application fees and charges.

Application forms are available from Council’s Customer Services Centre or may be downloaded here.

Note: If you are seeking to subdivide an existing building that does not meet current fire safety/building requirements, you may be required to upgrade your building prior to receiving a strata certificate.

What certificates or documents are required by my DA conditions? 

A sample of typical certificates required to satisfy conditions of development consent are as follows: