Establishment Process
Non ‘Off the Plan’ Sales Projects
Step 1
Preparation of the Survey Plan for the project and the Services Location Diagram for the project
When Undertaken
Usually, when all walls and courtyards are complete – book your surveyor early
By Whom
Your surveyor – allow two to three weeks
Step 2
Obtaining Council’s Certificate Occupancy and all completion certificates
When Undertaken
Usually, when all walls and courtyards are complete – book your surveyor early
By Whom
By your builder – this is an area that needs to be carefully controlled as a lot of time can be lost if
certificates do not issue promptly
Step 3
Preparation of the Community Management Statement (CMS) and Form 14 – General Request
When Undertaken
This can only be finalised after the Survey Plan and Services Location Diagram have been completed.
The CMS sets out the rules for the body corporate, lot entitlement etc and the Form 14 is the request
to the Titles Office
By Whom
Toowoomba Strata Pty Ltd or your solicitor – allow two days
Step 4
Lodgement into Council of the Survey Plan and the Community Management Statement
When Undertaken
No point in lodging with Council until all Council certificates issue. Alternatively, larger projects
sometimes pay a bond to Council to speed up the process (but this can be quite expensive)
By Whom
By yourself or your solicitor – allow three to four weeks
Step 5
Preparation Form 18 – General Consent (from the mortgagee)
When Undertaken
This can usually be prepared after the Survey Plan is prepared (eg while the documents are
processing through Council). However, some mortgagees insist on sighting the Council signed Survey Plan
By Whom
Mortgagee – sometimes in conjunction with your solicitor – allow one to two weeks
Step 6
Lodgement into Titles of the Council Signed Survey Plan and Community Management Statement
and Mortgagee Signed Form 18 General Consent and the Form 14 General Request
When Undertaken
Lodgement is usually immediately after receiving the signed documents back from Council
By Whom
By yourself or your solicitor – allow one week
Step 7
Preparation of Body Corporate Records
When Undertaken
Upon receiving the Registration Confirmation Statements from the Titles Office
By Whom
By Toowoomba Strata Title Management Pty Ltd – allow two to three days
Step 8
Signing contracts
When Undertaken
Upon finalisation of the records
By Whom
By your real estate agent
Step 9
Settlement
When Undertaken
In accordance with the contract
By Whom
By your solicitor
‘Off the Plan’ Sales Projects
If you want to sign contracts prior to the Titles issuing then it is necessary to sign an “off the plan” contract. This
applies regardless of the stage of building (eg the building could be complete but you are waiting on Council – then you
would still need to prepare an “off the plan” contract to fully bind any intending purchaser).
To prepare an “off the plan” contract additional disclosure is required compared to “normal” contracts, including:-
- The provision of detailed building plans
- The provisions of schedules of finishes
- Draft Survey Plans
- Draft Community Management Statements
- Section 213 Disclosure reports
- Draft body corporate budget and levy arrangement
- Draft body corporate management contracts (if applicable)
Accordingly, “off the plan” contracts are quite complicated and are normally prepared by your solicitor and not by your
real estate agent.
We are aware that “normal” style contracts are still sometimes used prior to the Titles issuing – the risk of this
approach is that the intending purchaser is technically signing an invalid contract and could simply walk away from the
transaction. If you are considering selling any of the lots prior the Titles issuing, we strongly recommend that you
discuss contracts with your solicitor.