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Adhesion Order- Is it necessary for Strata Subdivision

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Customer Query:

Some Council's have been requesting an Adhesion Order where a proposed strata development crosses over two or more titles.

Our Thoughts:

It is no longer necessary to obtain a Council adhesion order for a strata title site because the legislation automatically adheres separate titles upon registration of the strata plan by the Recorder of Titles.
Section 4(3) Strata Titles Act 1998 provides- If the land to be divided by a strata plan consists of the land in 2 or more folios of the Register- (a) an adhesion order under section 110 of the Local Government (Building and Miscellaneous Provisions) Act 1993 is not necessary before the registration of the strata plan; and (b) the registration of the strata plan effects any necessary consolidation of the land.

However, Council's may still require an Adhesion Order because they may have fears that after they approve a development that straddles a boundary, the final Strata Subdivision of that development may not take place, for one reason or another.