Victorian Consolidated Regulations

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SUBDIVISION (REGISTRAR'S REQUIREMENTS) REGULATIONS 2011 - REG 10

Use of buildings to define boundaries

r. 10

    (1)     A boundary may be shown on a plan by reference to a building.    

    (2)     Any building or part of a building that defines a boundary must be identifiable from the plan.

    (3)     If 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 one or more of the following—

        (a)     Interior Face;

        (b)     Median (floor and ceiling);

        (c)     Median (wall, window, door, balustrade);

        (d)     Exterior Face;

        (e)     in some other location.

    (4)     Unless otherwise specified on the plan, the location of any building boundary defined as—

        (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, waterproof membranes and fixtures attached to walls, floors, and ceilings are included within the relevant parcel;

Example: Interior Face

Interior Face.JPG

        (b)     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. Any elevated floor or suspended ceiling does not form part of the building structure;

Example: Median (floor and ceiling)

Median (floor and ceiling).JPG

        (c)     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 median of the wall;

Example: Interior - Exterior

Interior - Exterior (1).JPG

r. 10


Example: Interior - Interior

Interior - Exterior (2).JPG

r. 10

Example: Median (wall, window, door, balustrade)

Median (wall window door balustrade).JPG

        (d)     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.

Example: Exterior Face

Exterior Face.JPG

    (5)     Subject to subregulation (4)(a), if all structures defining building boundaries and service installations or appurtenances not shown on the plan are within common property, a notation to that effect must be shown on the plan.    


Example

Location of boundaries defined by buildings.

Interior Face: all boundaries.

The structure of any wall, floor, ceiling, window, door, balustrade (or other) which define boundaries are contained within Common Property (…)

or

Common Property (....) is all the land in the plan except the lots and (Roads and/or Reserves—if applicable) and includes the structure of any wall, floor, ceiling, window, door, balustrade (or other) which define boundaries.

(The following notation may be shown with either of the above statements)

All internal columns, service ducts, pipe shafts and cable ducts, service installations (or other) within the building are deemed to be part of common property (...). The positions of these columns, service ducts, pipe shafts and cable ducts, service installations (or other) may not have been shown on the diagrams contained herein.

    (6)     If a plan adopts any part of a building as a boundary and there is a discrepancy between any dimensions shown and the location of that part of the building, the boundary is that part of the building.

    (7)     Subregulation (6) does not apply to the external boundaries of the subdivision, except when defined by a building in a previously registered plan.

    (8)     If a plan uses exterior face, interior face or a combination of both exterior and interior face of a building to define boundaries, the extent of the building must be clearly identifiable on the plan by either depiction or notation.

Example

The extent of the building includes those spaces defined by balconies, enclosed courtyards and the entrance to the underground car park (or other).

    (9)     If a plan adopts a face of a building or part of a building to define the location of boundaries, the plan must identify which parcels contain the relevant structure of that building.

Note

See examples provided in subregulation (4) and regulation 11(4).



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