Understanding Survey Strata in Western Australia

Survey strata is a unique type of title within the Western Australian property landscape. It carries similar traits to Green title and also to Strata Title but is unique and is treated differently. The concept of survey strata was introduced through the Strata Titles Amendment Act 1995, which created a new form of strata scheme known as a “survey-strata scheme.” Unlike traditional strata plans, survey-strata plans do not depict buildings (eg walls or floors) and instead show land boundaries surveyed by a licensed land surveyor. This allows flexibility for property owners, as boundaries are often marked by fences or physical measurements rather than structural components. As of 2015, SCAWA recorded 25% of registered strata plans as survey strata.

What is a Survey Strata Plan?

A survey strata plan is a legal document that defines the division of a parcel of land into separate lots, each with its own boundaries, under the Strata Titles Act 1985 (WA). This type of plan is primarily used for single-tier developments, such as land subdivisions where individual lots are situated side by side, rather than in multi-level buildings.

Here is an example of a survey-strata plan.

 

A survey strata title is the legal document that outlines the ownership of a survey strata lot. Each lot owner has freehold ownership of their parcel of land, with potential shared ownership of common property depending on the survey-strata plan. Registration of the Survey Strata Plans with Landgate is required to formalise ownership and allow for the sale of individual lots.

Key Features of a Survey Strata Plan

• Land-Based Boundaries: Unlike built strata plans, which rely on structural elements like walls, ceilings, or floors to define lot boundaries, a survey strata plan uses physical land measurements. Boundaries are typically marked by fences, pegs, or natural features as shown on the survey map.
• Flexibility in Development: Owners of lots in a survey strata plan have greater autonomy in developing their land compared to built strata schemes. This means they can construct buildings, gardens, or other structures on their lots, subject to local government regulations.
• Common Property: A survey strata plan may or may not include common property. For example, some survey strata developments have shared driveways, utility easements, or communal spaces. If common property exists, it is jointly owned and maintained by all lot owners in the scheme. Often there is no or very limited common property and therefore the strata fees and levies may be very low as owners are responsible for their own lots only.
• Preparation and Registration: A survey strata plan is prepared by a licensed surveyor who maps the land division in compliance with the Strata Titles Act 1985 (WA). It is then submitted to Landgate, Western Australia’s land information authority, for registration.

Survey strata plans are particularly popular for residential subdivisions where land ownership and autonomy are priorities. They allow property developers to create multiple lots from a single parcel of land while offering potential shared benefits, such as access roads or communal areas.

Survey Strata vs Strata

The distinction between built strata (traditional strata title) and survey strata lies in how property boundaries are defined and the type of developments they accommodate.

Built Strata (Strata Title)

Built strata typically applies to multi-level developments, such as apartment buildings or commercial complexes. In these cases, strata lots are defined by reference to building structures like walls, floors, and ceilings. Ownership extends to the interior of the lot but excludes external structural elements, which are part of the common property. Within a Strata Title Scheme, there are 3 overarching types of building boundaries that can be registered. Each of the below is unique and determines the building lot boundaries of the property in relation to each lot owner.

• Lot Boundary 3(2)a
• Lot Boundary 3(2)b
• Lot Boundary 3AB

Survey Strata

In contrast, survey strata is more flexible and often applies to horizontal subdivisions of land. Owners may build on their lots according to their preferences and local planning laws. Survey strata lots are generally more similar to green title lots, as they offer greater autonomy over the land itself.

Key Differences

Aspect	Built Strata	Survey Strata
Boundary Definition	Defined by walls, floors, and ceilings and physical building features	Land-based, marked by survey
Common Property	Includes shared facilities and amenities	May include shared driveways or utilities
Development Type	Apartments, units, multi-level buildings	Land subdivisions with individual dwellings

Key features of Built Strata Plans

• Lot boundaries are determined by physical structures such as walls, floors, and ceilings. Vertical dimensions, including height, are also specified.
• Plan components:
  • Floor plans detail boundaries for each lot within a building
  • Includes the buildings position within the parcel of land
  • Records legal interests or restrictions affecting the property
  • Includes schedule of unit entitlements determining voting rights and financial contribution
• Common property
  • Common property is not explicitly delineated in the strata plan; it typically includes areas not defined as part of the individual lots, such as shared facilities, gardens, and lobbies.

Here is an example of a Built Strata Plan.

 

Survey Strata vs Green Title

Survey strata and green title are two distinct forms of property ownership in Western Australia, each with its own advantages, limitations, and applications. Understanding the differences is crucial for property buyers, developers, and investors when deciding which option best suits their needs.

Green Title

Green title refers to the traditional form of property ownership in Western Australia, where an individual owns the entire parcel of land outright without shared common areas, unless specified on the certificate of title. In Western Australia, most properties sold are green title, often featuring free-standing homes. The term “green title” originates from the earlier practice of shading the property sketch on the certificate of title in green.

• Green title offers complete autonomy, as there is no common property shared with neighboring owners.
• Most green title properties are free-standing homes or rural lots.

Survey Strata

A survey strata property is part of a subdivision governed by the Strata Titles Act 1985 (WA), where individual lots are defined by land surveys rather than building structures. Owners of survey strata lots gain freehold ownership of their specific parcel of land but are also part of a strata company, which manages any shared property or responsibilities.

• When you purchase a survey strata property, you automatically become a member of the strata company associated with the survey-strata scheme. The strata company is responsible for managing common property and coordinating shared obligations, such as maintenance of driveways, utilities, or easements.
• Depending on the survey-strata plan, shared features like driveways, fences, or utility connections may exist, requiring collaboration between lot owners.
• Despite the strata company’s role, survey strata owners typically have more autonomy than built strata owners, particularly for building and land use decisions within their lot boundaries.

 

Aspect	Survey Strata	Green Title
Ownership	Freehold ownership of individual lots, with shared responsibilities through a strata company.	Full ownership of land with no shared obligations.
Strata Company	Membership required; strata company manages shared property or features.	No strata company involvement.
Common Property	May include shared access ways or utilities.	None, unless noted on the title.
Flexibility	Moderate autonomy; requires cooperation for shared property management.	Complete autonomy over land and structures.
Ongoing Costs	Potential strata levies for shared property.	None, unless private arrangements exist.

Common Property in Survey Strata Schemes

While both built strata and survey strata schemes may have common property, the obligations in survey strata schemes are typically less extensive. Common property, if any, is listed and separately numbered on the plan, with owners contributing towards its upkeep and maintenance. However, these contributions are often limited to specific areas like driveways or small garden spaces, reflecting the lower level of shared infrastructure in survey strata schemes.

Benefits of Survey Strata

Whether you are exploring the differences between survey strata vs built strata, comparing it to green title, or delving into the legal framework, survey strata provides a unique balance of autonomy and shared responsibilities that meets the needs of many property owners. Survey strata titles offer unique advantages for property owners and developers in Western Australia:

• Flexibility in Development: Owners have more freedom to build structures or make modifications to their lots.
• Autonomy: Individual lot ownership provides autonomy, while shared property responsibilities are minimized compared to built strata.
• Increased Value: Survey strata lots often resemble green title properties, which are highly desirable in the real estate market.

If you have any questions about Survey Strata you can contact the ESM Strata team on 08 9362 1166 or email us at [email protected]. You can access your strata plan from Landgate if you don’t have a copy already.