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WA community title / strata buyer conveyancing checklist

WA strata and community title purchases are governed by the Strata Titles Act 1985 and the Community Titles Act 2018. This checklist is for WA settlement agents and solicitors acting for buyers of lots in strata and community schemes.

In short

This is a 12-step Western Australian buyer-side conveyancing checklist for community title and strata purchases. It covers section 156 disclosure, by-laws, levies, insurance, reserve fund, Landgate transfer, and settlement.

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12-step checklist

The checklist

1

Review the section 156 seller disclosure

Confirm the seller has provided the strata information disclosure before the contract and check by-laws, levies, and insurance details.

Strata Titles Act 1985 (WA) s 156
2

Obtain the scheme documents

Request the scheme plan, scheme by-laws (Schedule 1 and 2), and any exclusive use designations.

Strata Titles Act 1985 (WA) s 43
3

Order a strata company search

Request financials, minutes, and insurance from the strata manager or strata company.

Strata Titles Act 1985 (WA) s 106
4

Check levies, arrears, and special levies

Confirm current levies, any arrears against the lot, and any pending special levies for capital works.

Strata Titles Act 1985 (WA) s 100
5

Review the 10-year maintenance plan

For schemes of 10+ lots or buildings worth $5m+, review the 10-year maintenance plan and reserve fund.

Strata Titles Act 1985 (WA) s 100(4)
6

Review by-laws for lot use restrictions

Check by-laws on pets, short-term letting, parking, renovations, and commercial use against the buyer’s intended use.

Strata Titles Act 1985 (WA) Sch 1 and 2
7

Confirm insurance cover and currency

Verify the strata company insurance covers the building, common property, and public liability at an adequate sum insured.

Strata Titles Act 1985 (WA) s 97
8

Assess the JFA and settlement agents duties

Confirm the Joint Form of General Conditions applies and review any special conditions added to the offer.

9

Calculate transfer duty and concessions

Calculate WA transfer duty, including first home owner rate, residential rate, and any off-the-plan concession.

Duties Act 2008 (WA) s 139
10

Order land tax clearance certificate

Request a land tax certificate from RevenueWA so no vendor land tax liability passes to the buyer.

Land Tax Assessment Act 2002 (WA) s 39
11

Prepare Transfer of Land and verify identity

Draft the Landgate Transfer of Land form, complete VOI, and load the PEXA workspace.

Transfer of Land Act 1893 (WA)
12

Notify strata company post-settlement

Give notice of change of ownership to the strata company under section 110 and confirm Landgate registration.

Strata Titles Act 1985 (WA) s 110
When to use

When this checklist applies

Use for every Western Australian residential purchase of a strata lot or community title lot.

Common pitfalls

  • Relying on a seller disclosure that is out of date or missing by-laws
  • Missing a pending special levy in the strata company records
  • Overlooking the 10-year maintenance plan shortfall
  • Not notifying the strata company under section 110 within 14 days
  • Forgetting that WA has no statutory cooling-off for residential contracts
Use with Quillio

Run this checklist on a real matter

Quillio reviews WA seller disclosure and strata records, flags by-law and levy issues, and drafts transfer documents on a live WA strata matter. See /practice-areas/property-lawyers or start a free trial.

General guidance for WA community title and strata buyer matters. Adapt for leasehold schemes, staged community schemes, and commercial lots.

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