1. Land Victoria Suggested changes to the Subdivision (Procedure) Regs 2000 Disclaimer The 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. Copyright Apart 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.

2. Subdivision (Registrars Requirements) Regulations 2011 Areas of concern - Building Boundaries Current Regulations do not adequately cover todays developments Inconsistencies with interpretation Inconsistencies with plan representation

3. Use of Buildings to define Boundaries Definitions/presentation of building boundaries Industry has 2 views of interior face 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? Cross section CP1 Interior Face Building structure/slab Suspended Ceiling 2 1st Storey Ground Storey 1 example of inconsistencies (Interior face) Elevated floor These views are rarely defined on the P/S. Reg prop unsure of ownership?? CP1 or Lot 1? CP1 Elevated floor

4. Use of Buildings to define Boundaries Median Industry has at least 3 views of Median Suspended Ceiling Floor Level Median is in airspace Slab (building structure) 1) Median of Suspended Ceiling Median of Slab ½ Slab & airspace in Common Property 2) 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 of known inconsistencies example of known inconsistencies – Median Slab (building structure) Median= mid point between floor & ceiling

5. 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

6. 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

7. Use of Buildings to define Boundaries Example – Interior Face X X 1 Interior Face 2 CP1 Ground Storey X X PLAN – showing title boundaries Actual title boundaries Window Door Interior Face CP1 1

8. Use of Buildings to define Boundaries Example – Interior Face Cross section X – X (Not to Scale) 3 1 Common Property 1 CP1 Interior Face 1st Storey Ground Storey Cross Section boundaries Actual title boundaries CP1 Wall Window Interior Face Window Wall Suspended Ceiling 3 1st Storey Ground Storey 1 Elevated floor Slab (plasterboard) Slab (plasterboard) Foundation

9. 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)

10. 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 Timber Stud Brick Exterior Surface. Void (plasterboard) Interior-Exterior Interior surface Timber Stud Void Boundary = mid point between interior faces Timber stud Interior surface (plasterboard) Interior-Interior

11. 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 Timber Stud Void Boundary = mid point between interior faces Timber stud Interior surface (plasterboard) Interior-Interior (projection of median of wall)

12. Use of Buildings to define Boundaries Example – Median Cross section X – X (Not to Scale) 3 1 Common Property 1 CP1 Median 1st Storey Ground Storey Cross Section Boundaries Median (floor/ceiling) = mid point of significant building structure (slab) Slab Actual title boundaries CP1 Median (wall) = mid point b/n interior & exterior surfaces Window Wall Suspended Ceiling 3 1st Storey Ground Storey CP1 1 Brick veneer Elevated floor Exterior surface (cladding) Interior surface (plasterboard) Foundation (plasterboard) Timber Stud Void Brick Interior Surface Exterior Surface

13. 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 Face Vertical 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

14. Use of Buildings to define Boundaries Example - Exterior face X X Actual title boundaries Exterior Face Plan showing title boundaries Window Door Exterior Face Wall Horizontal 1 CP1 Eaves Foundation Roof Guttering Exterior Face Vertical (projection of exterior face of wall) Wall

15. 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

16. Use of Buildings to define Boundaries Reg 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

17. 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

18. 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)

19. 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

20. 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 be shown in regs

21. Cross Section example – No Vinculums Method of showing boundaries on a plan Site Level (Topmost Storey) 1 2 (Ground Storey) Deledio Drive Site Boundary 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 1 st storey floor M M MM Site Boundary Projections

22. 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 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 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

23. = 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) CP1 X X

24. 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 regd in 2006??

25. The End Questions