Land Victoria
Suggested changes to the
Subdivision (Procedure) Regs 2000
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Subdivision (Registrar’s Requirements)
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
example of inconsistencies (Interior face)
Definitions/presentation of
building boundaries
Elevated floor
CP1
•
Suspended Ceiling
1. 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?
Interior
Face
Elevated floor
CP1
CP1 or Lot 1?
CP1
Ground
Storey
1
CP1 or Lot 1?
Building structure/slab
Cross section
These views are rarely defined on the P/S.
Reg prop unsure of ownership??
2
Building structure/slab
Industry has 2 views of interior face
1st
Storey
Use of Buildings to define Boundaries
example of known inconsistencies – Median
Industry has at least 3 views of Median
1)
Slab (building structure)
Air space
Slab (building structure)
Air space
Suspended Ceiling
LV default
3)
“Median is in airspace”
Suspended Ceiling
Floor Level
2)
Floor Level
Median= mid point between floor & ceiling
Slab (building structure)
2 Medians for 1 bdy
Median of Slab
½ Slab & airspace in Common Property
Median of Suspended Ceiling
Floor Level (elevated)
Median is the mid point between faces
of building structure (i.e. Slab)
Suspended 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
Location default - Interior Face
11(4) Unless otherwise specified on the plan
the location of any boundary defined by a
building is:
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.
Example next 2 slides
Use of Buildings to define Boundaries
Example – Interior Face
PLAN – showing title boundaries
CP1
Door
1
CP1
Window
Interior
1
Face
Interior
Face
2
Ground Storey
Actual title
boundaries
Use of Buildings to define Boundaries
Example – Interior Face
Cross Section boundaries
1st Storey
3
3
Window
(plasterboard)
Interior Face
Interior
Face
1st Storey
Elevated floor
Slab
Wall
CP1
Ground Storey
1
Interior
Face
Suspended Ceiling
Interior
Face
Window
Ground Storey
(plasterboard)
Elevated floor
1
Slab
Foundation
Common Property 1
Cross section X – X’
(Not to Scale)
CP1
Actual title
boundaries
Wall
Use of Buildings to define Boundaries
Reg 11 (4)(b) Location default - Median
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:
Elevated floor
Building structure (ie. Slab)
Suspended ceiling
(A) upper face of building structure
Median = midpoint between (A) & (B)
(B) underside of building structure
example to be included in regs
Use of Buildings to define Boundaries
Reg 11 (4)(c) Location default - Median
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:
Interior-Exterior
Interior-Interior
Exterior
Surface.
Boundary = mid point between
interior and exterior faces
Interior
surface
Timber stud
(plasterboard)
(plasterboard)
Brick
Timber Stud
(plasterboard)
Interior
surface
Timber Stud
Void
Void
Interior
surface
Boundary = mid point
between interior faces
Use of Buildings to define Boundaries
Reg 11 (4)(c) Location default - Median
Median: (wall, window, door, balustrade)
(below examples to be included in regs)
(projection of
median of wall)
Guttering
Eaves
Interior-Interior
Interior
surface
Wall
Timber stud
(plasterboard)
Timber Stud
(plasterboard)
Void
1
Median
Interior
surface
Boundary = mid point
between interior faces
CP1
Foundation
(projection of
median of wall)
Use of Buildings to define Boundaries
Example – Median
Cross Section Boundaries
1st Storey
3
Median
1st
Storey
Wall
3
CP1
Slab
Median
Median (wall)
= mid point b/n interior
& exterior surfaces
Suspended Ceiling
Median (floor/ceiling)
1
Brick veneer
Elevated floor
CP1
Ground Storey
Window
1
Ground
Storey
= mid point of significant building
structure (slab)
Interior surface
(plasterboard)
Exterior surface
(cladding)
Elevated floor
Cross section X – X’
(Not to Scale)
(plasterboard)
Surface
Exterior
Timber Stud
Void
Brick
Foundation
Interior
Common Property 1
CP1
Actual title
boundaries
Surface
Slab
Use of Buildings to define Boundaries
Reg 11 (4)(d) Location default – Exterior face
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.
*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
Guttering
Eaves
Wall
1
Vertical
More examples next slide
projection of
exterior face
of wall
Foundation
CP1
Exterior
Face
Use of Buildings to define Boundaries
Example - Exterior face
Plan showing
title boundaries
Wall
Door
(projection of
exterior face of wall)
Exterior Face
Guttering
Eaves
Window
Wall
Exterior Face
1
Horizontal
Actual title
boundaries
Vertical
Foundation
CP1
Exterior
Face
Use of Buildings to define Boundaries
Reg 11 (3)(d) cont
If specified otherwise on the plan the location of
any building boundary defined as:
• In some other location
See example next slide
Use of Buildings to define Boundaries
Reg 11 (3)(d) cont
(projection of median of wall)
Guttering
Example
Some other location
combination of
Eaves
Wall
1
median & exterior face
Window
Median: lies within the mid
point between exposed
Exterior surfaces of any wall, window,
face
door, and the middle of the
foundation
CP1
Median
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
Use of Buildings to define Boundaries
Example – Location notation if not adopting defaults
Location of boundaries defined by buildingsInterior 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)
Default
Position
Otherwise
Specified
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
Changes to Building Boundary default
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)
90% plans lodged today use thick lines – current regs = continuous/hatched
example to be
shown in regs
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.
Method of showing boundaries on a plan
Cross Section example – No Vinculums
No Vinculums will be required in cross sections !
M
Boundary
1
2
M
M
M
Site
Boundary
Site
Deledio
Drive
NB. Projections thick broken lines
(Topmost Storey)
Projection of the median
of the 1st storey floor
CP1
Level
Site
Projections
Cross Section X – X
(Not to Scale)
(Ground Storey)
Subd Procedure Reg 11
Method of showing boundaries on a plan
Cross Section example – if default not adopted
Boundaries shown by thick continuous lines are defined by buildings.
Location of boundaries defined by buildings.
Interior Face : All Boundaries
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
Underside of concrete slab
Lots 10 to 19 (B.I.) (See diagram 3)
Upper surface of concrete slab
Underside of concrete slab
Lots 1 to 9 (B.I.) (See diagram 3)
Upper surface of concrete slab
Common Property 1
General Section X - X‘ (Not to Scale)
Common Property 1
Common Property 1
Common Property 1
First Storey
Ground Storey
Method of showing boundaries on a plan
(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.
CP1
X
10A(pt)
Vertical
10A(pt)
representation of
Terrace
?
X
Window
Wall
Terrace
= bearing & distance is at
ground/floor level between
exposed building faces
Method of showing boundaries on a plan
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.
32/37 lodged in 2013 over plan with build boundaries reg’d in 2006??
The End
Questions