Community schemes introduce a new form of land tenure in Western Australia, a community title.
It is anticipated that the new form of tenure will facilitate innovation in the design and delivery of mixed-use and higher-density development.
New to WA
What is a community scheme?
A community scheme enables a single parcel of freehold land to be subdivided into up to three tiers of schemes called community titles schemes.
- These schemes may be built form like a strata scheme, called a community titles (building) scheme, or have surveyed boundaries like a survey-strata scheme, called a community titles (land) scheme.
- These two types of community titles schemes can exist within the same community scheme, providing for a mix of development types, and land use within the scheme.
- The title to the land comprised in a lot - in a community titles scheme - is called a community title.
- Each community titles scheme has its own community corporation. It has functions like those of a strata company but also extra functions to take account of the fact that a community corporation for a community titles scheme may be a member of another community corporation in the broader community scheme.
- Each community scheme will have a Community Development Statement which is a new planning instrument that will set out how the community scheme is to be subdivided and developed, including staging, and management.
How they’ll operate in Western Australia
Community schemes already exist in other states including New South Wales, South Australia and Queensland. In WA they will introduce new definitions, concepts, structures and/or different processes for the subdivision of the land into community titles schemes and the control and management of those schemes.
Community schemes will not replace strata and survey-strata schemes which will still operate under the amended Strata Titles Act 1985. However, strata and survey-strata schemes cannot be combined with community schemes and community schemes will not include leasehold schemes.
Development of regulations currently underway
Landgate and the Department of Planning, Lands and Heritage are working closely on the development of regulations to support the Community Titles Act 2018 with the aim that they will be completed in 2020-21 so that the Act can come into force.