A Community Plan is a subdivision of a parcel of Real Property land into three or more separate lots. The first lot of the Community Scheme, Lot 1, is the Association Property. This is shared property between the other lots in the scheme and is similar to Common Property in a Strata Scheme. Association Property is owned by an association comprising the registered owners of each of the other lots in the scheme.Community-Residential

Community Schemes  provide for a large variety of uses including residential, commercial and industrial. Community Schemes provide secure title to the ownership of the land, defined by survey rather than limitations of physical cubic space within a building. Because Community Schemes are so flexible, community plans can range from a simple two-lot subdivision with association property, through to a full town-sized development.

The difference between a Community Scheme and a Strata Scheme is that a Community Scheme does not have to have a building upon it, and the boundaries of the land are defined by surveyed lines, rather than the physical extents of the building. With Community Title, the owner of the land also owns the building itself.

Community-Commercial

Community Schemes subdivide land and give provision for shared land, or Association Property. In a residential community scheme, examples of Association Property may include sporting facilities, parks or even vineyards. When applied to commercial land, Common Property usually includes shared facilities such as accessways.

Community schemes can be created as “tiered” development – with a Precinct plan subdividing a community lot and a neighbourhood scheme subdividing the precinct or community lot. Neighbourhood plans allow subdivision of lots in a community plan, a precinct plan or lots in conventional subdivisions.

Community schemes cannot be created if the plan defines lots that are part of a building, or lots that are semi-detached units within a building. This situation is better suited to Strata Title.

The format of the plans for a Community Scheme is somewhat more involved than a conventional subdivision. Several sheets are prepared including:

  • A Location Diagram which shows the basic subdivisional pattern of the scheme with no dimensions and includes a schedule of changes to the scheme.
  • A Detail Plan which defines by survey all of the lots in the scheme.
  • An Association Property Plan which shows the entirety of Lot 1 (Association Property).
  • A Management Statement setting out the by-laws governing the management of the scheme and may include plans to create accessways and/or statutory easements.
  • Accessway Plans are sometimes required and create accessways over all or part of Association Property.
  • Statutory Easements can be created over services within the scheme. The approximate position of the services defines the easements and is shown on the Service Works Plan, which can also be known as a Prescribed Diagram of Works As Executed Plan.
  • A Development Contract is required for all neighbourhood schemes and is optional for community and precinct schemes. This document indicates the manner in which the scheme may be developed.
  • A Section 88B instrument may be required if easements are to be created. This document sets out the land burdened by easements and which lot or authority is benefited.
  • Signatures of owners, authorities and other items are added to Administration Sheets.

Then a Community plan is registered, the prior title is cancelled, the plan and administration sheets are processed to be placed on public record, the relevant association comes into existence, certificates of title for each lot in the plan are created, and the initial period commences.

For more detailed information on Community Schemes and their implementation, contact your surveyor.

 

Eric Smith

Registered Surveyor