Land Victoria Suggested changes to the Subdivision (Procedure) Regs 2000 Disclaimer The content of this Land Victoria presentation is provided for information.

Land Land VictoriaVictoria

Suggested changes to theSuggested changes to the

Subdivision (Procedure) Regs Subdivision (Procedure) Regs 20002000

DisclaimerThe content of this Land Victoria presentation is provided for information purposes only. No claim is made as to the accuracy of its content. Under no circumstances will Land Victoria, its agents or employees be liable for the accuracy of the information contained in this presentation nor for the use or reliance placed on it. The information is provided on the basis that all persons accessing the presentation undertake responsibility for assessing the relevance and accuracy of its content. Land Victoria does not endorse any of the other information contained elsewhere in this website.CopyrightApart from fair dealing for the purposes of private study, research, criticism or review as permitted under the Copyright Act 1968, no part of this presentation may be reproduced, copied, transmitted in any form or by any means (electronic, mechanical or graphic) without the prior written permission of the State of Victoria. All requests and enquiries should be directed to Land Victoria.

Subdivision (Registrar’s Subdivision (Registrar’s Requirements) Regulations 2011Requirements) Regulations 2011

Areas of concern - Building Boundaries

• Current Regulations do not adequately cover today’s developments

• Inconsistencies with interpretation

• Inconsistencies with plan representation

Use of Buildings to define Boundaries

Definitions/presentation of building boundaries

• Industry has 2 views of interior face1. underside ceiling & face of elevated floor

&2. underside or face of slab/building

structure

When the boundary is not clearly defined– What is the extent of the lot?– What is the extent of common property?– Where is the boundary? Cross

section

CP1

Interior Face

Building structure/slab

Building structure/slab

Suspended Ceiling

21st Storey

Ground Storey

1

example of inconsistencies example of inconsistencies (Interior face)(Interior face)

Elevated floor

These views are rarely defined on the P/S.

Reg prop unsure of ownership??

CP1 or Lot 1?

CP1 or Lot 1?

CP1

CP1

Elevated floor

Use of Buildings to define Boundaries

Industry has at least 3 views of MedianMedian

Suspended Ceiling

Floor Level

“Median is in airspace”Slab (building structure)1)

Median of Suspended Ceiling

Median of Slab

½ Slab & airspace in Common Property2)

Suspended Ceiling

Floor Level (elevated)Median is the mid point between faces of building structure (i.e. Slab)

Slab (building structure)3)

Suspended Ceiling

Floor Level

LV default

2 Medians for 1 bdy

Air space

Air space

example of known inconsistenciesof known inconsistencies – Median

Slab (building structure)

Median= mid point between floor & ceiling

Use of Buildings to define Boundaries

11(3) Where a boundary on a plan is defined by reference to a building or part of a building, the plan must specify whether the boundary is-

(a) Interior Face(b) Median(c) Exterior Face(d) In some other location

Use of Buildings to define Boundaries

11(4)(a) Interior face - lies along the interior face of any wall, floor (upper surface of elevated floor if any), ceiling (underside of suspended ceiling if any), window, door or balustrade of the relevant part of the building. Any internal coverings, water proof membranes and fixtures attached to walls, floors, and ceilings are included within the relevant parcel.

Location default - Interior Face

11(4) Unless otherwise specified on the plan the location of any boundary defined by a building is:

Example next 2 slides

Use of Buildings to define Boundaries

Example – Interior Face

XX’

1Interior

Face

2

CP1

Ground Storey

XX’

PLAN – showing title boundaries

Actual title boundaries

Window

Door

Interior

Face

CP11

Use of Buildings to define Boundaries

Example – Interior Face

Cross section X – X’ (Not to Scale)

3

1

Common Property 1

CP1

Interior Face

Interior Face

1st Storey

Ground Storey

Cross Section boundaries

Actual title boundaries

CP1

Wall

Window

Interior Face

Interior Face

Window

Wall

Suspended Ceiling

31st Storey

Ground Storey

1Elevated floor

Elevated floor

Slab

(plasterboard)

Slab

(plasterboard)

Foundation

Use of Buildings to define Boundaries

Median: (floor and ceiling) -lies within the middle of the building structure of any floor or ceiling of the relevant part of a building which defines a boundary (excludes any elevated floor or suspended ceiling) see example below:

Reg 11 (4)(b) Location default - Median

example to be included in regs

(A) upper face of building structure

(B) underside of building structure

Median = midpoint between (A) & (B)

Suspended ceiling

Elevated floor

Building structure (ie. Slab)

Use of Buildings to define Boundaries

Median: (wall, window, door, balustrade) -lies along the mid point between exposed surfaces of any wall, window, door, and balustrade of the relevant part of a building. Any vertical projection of a boundary beyond the building is a projection of the medium of the wall. see examples below:

Reg 11 (4)(c) Location default - Median

Boundary = mid point between interior and

exterior faces

Interior surface

Tim

ber

Stu

d

Bri

ck

Exterior Surface.

Void

(pla

ste

rboar

d)

Interior-Exterior

Interior surface

Tim

ber

Stu

d

Void

Boundary = mid point between interior

faces

Tim

ber

stu

d

Interior surface

(pla

ste

rboard

) (pla

ste

rboard

)

Interior-Interior

Use of Buildings to define Boundaries

Median: (wall, window, door, balustrade) (below examples to be included in regs)

Reg 11 (4)(c) Location default - Median

1 CP1

Eaves

Foundation

Roof

Guttering

Median

(projection of median of wall)

Wall

Interior surface

Tim

ber

Stu

d

Void

Boundary = mid point between interior

faces

Tim

ber

stu

d

Interior surface

(pla

ste

rboard

) (pla

ste

rboard

)

Interior-Interior

(projection of median of wall)

Use of Buildings to define BoundariesExample – Median

Cross section X – X’ (Not to Scale)

3

1

Common Property 1

CP1

Median

Median1st Storey

Ground Storey

Cross Section Boundaries

Median (floor/ceiling) = mid point of significant building structure (slab)

Slab

Slab

Actual title boundaries

CP1

Median (wall) = mid point b/n interior & exterior surfaces

WindowWal

l

Suspended Ceiling

31st Storey

Ground Storey

CP1

1

Brick veneer

Elevated floor

Elevated floor

Exterior surface (cladding)

Interior surface (plasterboard)

Foundation

(plasterboard)

Tim

ber

Stu

dV

oid

Bri

ck

Inte

rior

Su

rface

Exte

rior

S

urf

ace

Use of Buildings to define Boundaries

Exterior face: lies along the exterior face of any wall (and vertical projection thereof), door, window, balustrade, foundation, overhanging roof, eave or guttering of the relevant external part of the building. Any vertical projection of a boundary beyond the building is a projection of the exterior face of the wall.

Reg 11 (4)(d) Location default – Exterior face

More examples next slide

1 CP1

Eaves

Foundation

Roof

Guttering

Exterior FaceVertical

projection of exterior face of wall

Wall

*Roof: when eaves and guttering exist and are adopted, the part of the roof from the extent of the eaves & guttering up to where said roof coincides with the projection of the exterior face of the wall defines the building boundary

Use of Buildings to define BoundariesExample - Exterior face

XX’

Actual title boundaries

Exterior Face

Plan showing title boundaries

Window

DoorExterior Face

Wall

Horizontal

1 CP1

Eaves

Foundation

Roof

Guttering

Exterior FaceVertical

(projection of exterior face of

wall)

Wall

Use of Buildings to define Boundaries

• In some other location

Reg 11 (3)(d) cont

If specified otherwise on the plan the location of any building boundary defined as:

See example next slide

Use of Buildings to define BoundariesReg 11 (3)(d) cont

Example

Some other location combination of

median & exterior face

Median: lies within the mid point between exposed surfaces of any wall, window, door, and the middle of the foundation

Exterior face: lies along the exterior face of the eaves, guttering & part of the roof (up to where said roof coincides with the projection of the median of the wall) of the relevant part of a building which defines a boundary

(projection of median of wall)

Exterior face

1 CP1

Eaves

Foundation

Roof

Window

Guttering

Median

Wall

Use of Buildings to define Boundaries

Location of boundaries defined by buildings-

Interior Face: all boundaries

Basement levels: the interior face of ceilings walls and floors etc –

Levels: ground to 4: the interior face of walls, doors, windows, balustrades (excluding wall coverings and fixtures), the underside of the concrete slab, and the upper surface of the concrete slab

Levels: 5 to 10: the underside of the suspended ceilings and the interior face of walls, floors, doors, windows and

balustrades(excluding elevated floors, wall and floor coverings and fixtures)

Example – Location notation if not adopting defaults

Otherwise

Specified

Default Position

Otherwise

Specified

Subd Procedure Reg 12 Method of showing boundaries on a plan

12(1) Subject to sub-regulation 12(3), 12(8) & 12(9) a boundary must be shown by a thin continuous line.

12(2) The depiction of any structure or features of a building on a plan that does not constitute a boundary must differ significantly to that of an easement on the same plan, unless they are one and the same. See example within 12(4)

Method of showing boundaries on a plan

12(3) Where the whole or part of a boundary is defined by a building or part of a building, the relevant boundaries must be identified on the plan by either or both of the following;

a) a thick continuous line (subject to reg 12(8) and 12(9) b) notation

12(4) Where the position of hatching along a parcel boundary, easement boundary or feature of a building is used to define the location of the structure of a building, an appropriate notation to this effect must be shown on the plan. (See example)

Changes to Building Boundary default

90% plans lodged today use thick lines – current regs = continuous/hatched

Method of showing boundaries on a plan

Location of boundaries defined by buildings.Median: Boundaries marked M

Face of walls, floors, ceilings, doors, windows, balustrades: All other boundaries.

Hatching within a parcel indicates that the structure of the relevant walls, floors, ceilings, doors, windows and balustrades (other) is contained in that parcel.

example to example to be shown in be shown in regsregs

Cross Section example – No Vinculums

Method of showing boundaries on a plan

Site Level

(Topmost Storey)1 2

(Ground Storey)

De

led

io

Dri

ve

Site

B

ound

ary

Cross Section X – X (Not to Scale)

No Vinculums will be required in cross sections !

NB. Projections thick broken lines

CP1

Projection of the median

of the 1st storey floor

M

M

M MSite

B

ound

ary

Projections

Boundaries shown by thick continuous lines are defined by buildings.Location of boundaries defined by buildings.Interior Face : All Boundaries

Cross Section example – if default not adopted

Subd Procedure Reg 11 Method of showing boundaries on a plan

General Section X - X‘ (Not to Scale)

Underside of concrete slab

First Storey

Ground Storey

Common Property 1

Com

mon

Pro

pert

y

1

Common Property 1

Com

mon

Pro

pert

y

1

Lots 10 to 19 (B.I.) (See diagram 3)

Lots 1 to 9 (B.I.) (See diagram 3)

Underside of concrete slab

Upper surface of concrete slab

Upper surface of concrete slab

Common Property is all the land in the plan except the lots and includes the structure of all walls, floors, ceilings, doors, windows balustrades etc…. which define boundaries

= bearing & distance is at ground/floor level between exposed building faces

Method of showing boundaries on a plan

Window

Wall

Terrace

Vertical

representation of

Terrace

?

(c) variable horizontal distances between building boundaries (may occur when said boundaries are not completely vertical). This distance shown, is at ground/floor level between exposed building faces or from the exposed face of the building to the title boundary, unless otherwise stated.

10A(pt)

10A(pt)

CP1

X

X

12(12) Building boundaries on an existing registered plan, must be considered, when subdividing lots on the said plan under section 32, 32AI or 37 of the Subdivision Act 1988.Conflict between the existing and new plan must be reconciled by notation on the plan or new compiled sheets for the entire plan should be supplied to the Registrar at lodgement.

Method of showing boundaries on a plan

32/37 lodged in 2013 over plan with build boundaries reg’d in 2006??

The EndThe End

QuestionsQuestions