AU Perth & Western Australia

Ownership, Title & Legal

Ownership structures, title systems, legal rights, restrictions and compliance.

70 terms

10-Year Maintenance Plan

Western Australia

A long-term plan identifying non-routine maintenance, repair, renewal or replacement expected for strata common property and strata-company assets.

Administrative Fund

Western Australia

The strata fund used for regular operating expenses such as insurance, cleaning, utilities and routine maintenance.

Adverse Possession

Western Australia

A legal process through which a person may seek title to land after satisfying strict possession, evidence, notice and survey requirements.

Australian Land

Australia-wide

A federal foreign-investment category covering residential, agricultural and commercial land and mining or production tenements in Australia.

Boundary Re-establishment Survey

Western Australia

A survey by a licensed surveyor that re-establishes the legal position of existing parcel boundaries from cadastral evidence.

Caveat

Western Australia

A notice lodged with Landgate claiming an interest in land and warning against certain later registrations.

Certificate of Title

Western Australia

The official Landgate record showing the registered owner and registered interests affecting a parcel of land.

Common Property

Western Australia

Parts of a strata scheme owned collectively by lot owners rather than belonging to one lot.

Community Titles Scheme

Western Australia

A WA ownership structure that can combine multiple land and building schemes within a larger community scheme.

Crown Land

Western Australia

WA land that has not been alienated into freehold, including reserved and leased Crown land and certain waterways and reclaimed land.

Crown Lease

Western Australia

A leasehold right granted over Crown land for a stated term, purpose and set of conditions.

Crown Reserve

Western Australia

Crown land set aside for a specified public purpose and generally managed by the State, a local government or another management body.

Deposited Plan

Western Australia

A survey or land plan lodged with Landgate that defines parcels, lots, boundaries or other spatial interests used in the title system.

Easement

Western Australia

A right allowing someone to use part of another property for a stated purpose, such as access or services.

Encumbrance

Western Australia

A registered or lodged interest, claim or limitation affecting land, such as a mortgage, caveat or easement.

Established Dwelling

Australia-wide

A home that has previously been occupied, rather than a newly completed or off-the-plan dwelling.

Exclusive-Use By-Law

Western Australia

A scheme by-law granting a particular lot owner exclusive use of, or special privileges over, specified common property.

Exemption Certificate

Australia-wide

A certificate that may let an eligible foreign buyer make offers on more than one suitable property without applying separately each time.

Foreign Buyer Spouse Exemption

Australia-wide

An exemption that can remove the need for foreign investment approval when an individual buys residential property as joint tenants with an eligible Australian, permanent-resident or New Zealand citizen spouse.

Foreign Government Investor

Australia-wide

A foreign government, separate government entity or sufficiently government-owned or controlled entity treated specially under Australia's foreign investment framework.

Foreign Investment Approval

Australia-wide

Government permission for a foreign person to acquire a particular type of Australian property.

Foreign Investment Approval Condition

Australia-wide

A binding requirement attached to a no objection notification or exemption certificate for a foreign investment.

Foreign Investment Review Board (FIRB)

Australia-wide

The federal body that advises the Australian Government on foreign investment proposals, including residential property purchases.

Foreign Person

Australia-wide

A person or entity treated as foreign under Australia's foreign investment rules.

Foreign-Controlled Entity

Australia-wide

A company, trust or other entity treated as foreign because specified foreign persons hold ownership, voting, beneficial or control interests.

Freehold Land

Western Australia

Land held in fee simple under the WA title system rather than retained as Crown land.

Green Title (Freehold)

Western Australia

Common WA shorthand for a conventional freehold lot with its own Certificate of Title.

Landgate

Western Australia

Western Australia's land information authority and land titles registry.

Levy Arrears

Western Australia

Strata contributions that a lot owner has not paid by the due date.

Lot on Plan

Western Australia

The legal parcel description that identifies a property by its lot number and registered plan.

Memorial on Title

Western Australia

A notation or lodged instrument that records a statutory matter affecting land and, in some cases, can restrict dealings in the title.

Mortgage

Western Australia

A registered security interest over property given to a lender for a loan.

Native Title

Australia-wide

Rights and interests in land or waters arising from Aboriginal or Torres Strait Islander traditional laws and customs and recognised by Australian law.

Near-New Dwelling Exemption Certificate

Australia-wide

A developer-held certificate that can cover certain dwellings previously sold under a contract that did not complete and are therefore no longer technically new.

New Dwelling

Australia-wide

A residential property that has not previously been sold or occupied as a home, subject to the federal definition.

New Dwelling Exemption Certificate

Australia-wide

A certificate held by an eligible developer that can allow foreign persons to buy covered new dwellings in a specified development without separate individual approval.

No Objection Notification (NON)

Australia-wide

A letter from the Australian Treasurer allowing a foreign person to take a specified investment action, usually within a stated period and subject to any conditions.

Notifiable Variation

Western Australia

A specified change to previously disclosed strata information that occurs after the sale contract is signed but before settlement.

Notification on Title

Western Australia

A document noted on a Certificate of Title to give notice of a factor affecting the use or enjoyment of the land.

Ordinarily Resident

Australia-wide

A status used in the foreign investment rules to decide whether some permanent residents are treated as foreign persons.

Precontractual Strata Disclosure

Western Australia

Compulsory information a strata seller must give a buyer about the lot and scheme before the buyer signs the sale contract.

Priority Notice

Western Australia

A notice lodged with Landgate to protect the priority of an intended land dealing against later registered dealings for a limited period.

Property Interest Report

Western Australia

A WA report that brings together information about selected government interests, restrictions or responsibilities affecting a property.

Register of Foreign Ownership of Australian Assets

Australia-wide

The federal register that records specified interests and events involving Australian land and other assets held by foreign persons.

Registered Proprietor

Western Australia

The person or entity recorded on the Certificate of Title as the legal owner.

Reserve Fund

Western Australia

Money set aside by a strata company for major future repairs, renewals or replacement of shared property.

Restrictive Covenant

Western Australia

A registered restriction controlling how land may be used or developed.

Scheme By-Laws

Western Australia

The registered rules governing how a strata scheme operates and how owners, occupiers and visitors use it.

Scheme Termination

Western Australia

The legal process for ending a strata titles scheme and dealing with the lots, common property and owners' interests.

Special Category Visa (SCV)

Australia-wide

The visa generally granted to eligible New Zealand citizens when they enter Australia.

Special Levy

Western Australia

An additional contribution raised from lot owners when regular strata funds are insufficient for a particular expense or major work.

State Administrative Tribunal (SAT)

Western Australia

The WA tribunal that can determine many strata disputes and make orders under strata legislation.

Strata Company

Western Australia

The legal body made up automatically of all lot owners in a WA strata scheme.

Strata Contract Avoidance

Western Australia

A buyer's statutory right in defined circumstances to end a strata sale contract because required disclosure or notice was missing, late or materially prejudicial.

Strata Council

Western Australia

A group of lot owners elected to carry out many of the strata company's duties and decisions.

Strata Insurance

Western Australia

Insurance arranged by a strata company for risks and property the scheme is required or chooses to insure.

Strata Levy

Western Australia

A regular payment by lot owners to fund the strata company's expenses and reserves.

Strata Manager

Western Australia

A person or business appointed to perform agreed administrative, financial or management tasks for a strata company.

Strata Plan

Western Australia

The registered plan showing the lots, boundaries and common property in a strata or survey-strata scheme.

Strata Records Inspection

Western Australia

A review of the strata company's records, such as minutes, budgets, insurance, maintenance planning, contracts and disputes.

Strata Scheme

Western Australia

The registered arrangement that creates separately owned lots and, where applicable, common property under WA strata law.

Strata Title

Western Australia

A title for an individually owned lot in a strata scheme, with shared ownership of common property.

Substantial Interest

Australia-wide

An ownership or beneficial-interest threshold used to determine whether a corporation or trust is a foreign person under federal law.

Survey-Strata Title

Western Australia

A separately owned lot in a scheme whose boundaries are defined by survey rather than by a building.

Temporary Resident

Australia-wide

A person living in Australia on a temporary visa who is generally treated as a foreign person for property rules.

Title Search

Western Australia

A search that produces a current copy of the title and reveals registered or lodged interests affecting it.

Torrens Title

Western Australia

The land-title registration system under which the State register records ownership and registered interests in land.

Transfer of Land

Western Australia

The registered instrument that transfers an estate or interest in WA land from one party to another.

Unit Entitlement

Western Australia

A number assigned to each strata lot that represents its share in the scheme for specified purposes.

Vacant Residential Land

Australia-wide

Land zoned for housing that does not yet contain a completed dwelling.