The New South Wales strata and Community Titles Acts: A case study of legislatively created high rise and master planned communities

Abstract

Purpose

The purpose of this paper is to present a case study of the legislative creation of high rise and master planned communities to provide a common basis for future discussions, research and international comparison in the field.

Design/methodology/approach

The case study addresses relevant legislation in the Australian state of New South Wales. This has been a model for that in other jurisdictions, including Singapore, the UK and the Dubai International Financial Centre. The legal terms and their significance are discussed in a way that is comprehensible to both lawyers and non‐lawyers.

Findings

The legislation is shown to have achieved a range of outcomes that are not possible in ordinary Anglo‐Australian property law. For example, it has created governing “bodies corporate” which regulate communities with private by‐laws and facilitates the continued enforcement of detailed architectural guidelines imposing a master plan.

Research limitations/implications

The research describes the legal framework for the creation of communities in a single jurisdiction. More research is needed on the specific way that legal structures hinder or promote satisfactory community living in this and in other jurisdictions.

Originality/value

The paper will aid discussions between a range of academics and practitioners working on high rise and master planned communities. It will assist communication between lawyers and non‐lawyers, providing a clear description of the significance of legislation in the creation of communities. It will facilitate transnational discussion, as differences in legal systems and inconsistent terminology are a barrier to effective communication and common understanding.

Citation

Sherry, C. (2009), "The New South Wales strata and Community Titles Acts: A case study of legislatively created high rise and master planned communities", International Journal of Law in the Built Environment, Vol. 1 No. 2, pp. 130-142. https://doi.org/10.1108/17561450910974731