Section 15
Section 15
(1)
If it appears from a strata plan that any part of a building encroaches over land not included in the lot of the original proprietor, the application will only be accepted if —
(a)
no part of a unit to be created by the plan forms part of the encroachment; and
(b)
(i)
the encroachment is over State land and the
Commissioner consents to the encroachment;
(ii)
the encroachment consists of the protrusion of footings or footings and associated structures of a prescribed nature, by not more than the prescribed distance beyond the boundaries of the lot and the owner of the land over which the encroachment occurs consents to the encroachment; or
Land Code (Strata)
(iii)
it is established to the Commissioner’s satisfaction that the encroachment is otherwise authorised by law.
(2)
Unless the encroachment is over State land, the Commissioner shall, on the certification of the strata plan, enter the encroachment on any relevant subsidiary strata title.
(3)
Any consent given in relation to the encroachment is binding on present and subsequent owners and occupiers of the land.
Effect of certificate of approval.