The New South Wales strata and Community Titles Acts

Abstract

PurposeThe 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/approachThe 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.FindingsThe 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/implicationsThe 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/valueThe 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.