A strata title is created by the division of land into separate units (at least two) plus common property [Strata Titles Act 1988 (SA) s 5]. The boundaries of a unit are defined by reference to the structural divisions in a building, not by reference to the land.
The law concerning residential strata titles is contained in the Strata Titles Act 1988 (SA), the Strata Titles Regulations 2018 (SA), and the common law, which is made up of the principles which courts have used to decide cases in the past. In addition, the Strata Titles (Fees) Regulations 2019 (SA) set out the fees payable to the Registrar-General of the Lands Titles Office when forms need to be lodged with the Lands Titles Office in relation to a strata plan or strata corporation. All references to legislation and regulations in this section are to the Strata Titles Act 1988 (SA) and the Strata Titles Regulations 2018 (SA).
Since 1 June 2009, it has not been possible to deposit new strata plans under the Strata Titles Act 1988 (SA). New divisions now use the Community Titles Act 1996 (SA). Strata corporations existing at 1 June 2009 were not affected by the change and are still regulated under the Strata Titles Act.
Significant changes to Strata Title law came into effect on 28 October 2013. A summary of the changes made at that time is available from the Attorney-General's Department.