How to read different Plan Formats & definitions of Lots & Common Property Presentation Notes

Transcription

1 How to read different Plan Formats & definitions of Lots & Common Property Presentation Notes This presentation provides a basic understanding of community titles schemes and the plans that generally accompany community titles scheme developments. The presentation also includes a basic understanding of volumetric subdivision plans and Building Management statement plans, which may or may not be part of a community titles scheme. Example projects are used to demonstrate layered community titles schemes and development staging. Lastly, I have included details of the recently adopted High Density Development Easements which provide for attached housing types to be developed without the need to create a community titles scheme. The emphasis in the presentation is about the plans to assist in understanding them.

2 Definitions: For the purpose of providing some legal framework to the presentation, the presentation commences with the definitions: Community Titles Scheme (CTS) (Part 4 Section 10 BCCM Act 1997) 1. A community titles scheme is: a. A singular community management statement recorded by the registrar identifying land (the scheme land); and b. The scheme land 2. For each community titles scheme, there must be a. at least 2 lots; b. Common property; c. A single body corporate; and d. A single community management statement Section 66 of the BCCM Act defines the requirements for a Community Management Statement. Standard Format Plan (SFP) (Section 48B Land Title Act 1994) A Standard Format Plan of survey defines land using a horizontal plane and references to marks on the ground. That is a survey of the land defined by dimensions (bearings and distances) with boundaries marked on the ground (examples by survey pegs or alike). Building Format Plan (BFP) (Section 48C Land Title Act 1994) A Building Format Plan of survey defines land using structural elements of a building, including, for example, floors, walls or ceilings. That is a survey of a building. This format can only be used when a building exists. Volumetric Format Plan (VFP) (Section 48D Land Title Act 1994) A Volumetric Format Plan of survey defines land using 3 dimensionally located points to identify the position, shape and dimensions of each bounding surface. That is a volumetric plan creates a 3 dimensional lot.

3 Standard Format Plan SFP A standard format plan of survey defines land by using a horizontal plane and references to marks on the ground. The simplest plan format; Utilised for subdivision of land within or outside of a Community Titles Scheme CTS ; Group Titles Plan Lots under the prior legislation are considered Standard Format Lots, as they are defined by dimensions; Vertically, SFP Lots extend from the centre of the earth to the heavens; Horizontally SFP Lots are defined by dimensions; All boundary corners have been marked at one stage; SFP Lots can contain original dimensions. Plan items to consider Title the subject of the survey and the parcel being cancelled; Metes and bounds each lot is defined by bearings and distances; Lot number and area of each lot; Street names and adjoining information; Boundary corner marks (on face of plan and in notes); Reference marks / permanent marks; Original information and compilation statement; Secondary interests (easements, covenants). Building Format Plan BFP A Building Format Plan of survey defines land using structural elements of a building, including for example, floors, walls or ceilings. Well utilised in Community Title Schemes and more complex than SFP s. Utilised for the subdivision of a building and they must create a CTS. In previous legislation, these surveys were Building Units Plans. Acceptable structural elements (Registrars Directions 9.6) Floors or ceilings, centre; Walls, full height, centre; Walls, not full height, centre; Doors or windows, centre, other than where incorporated into a wall, when the boundary would be collinear with the centre of the wall; Balustrades or railings, outer face; Edge of a floor or a concrete base not abutting a wall, outer edge;

4 Corners within a building or structure defined by the centres of posts which are structurally required for the building or a wall. Registrar can approve other structural elements Acceptable structural elements (Registrars Directions 9.6) Plan items to consider Title the subject of the survey and the parcel being cancelled; Parcel metes and bounds the parcel only is defined by bearings and distances unless it is private yard or the lot is not defined by structural elements; Area of base parcel; Building connections at least two (2) connections to each building; Street names and adjoining information; Boundary corner marks (on face of the plan and in notes); Reference marks / permanent marks; Level diagrams including lot numbers and areas of each part and total area; Structural elements Centreline of walls, floors and ceilings Outside face of balustrade Other structural elements approved by the Registrar Boundaries not defined by structural elements eg within buildings, private yards are survey marked; Vertical boundaries on roofs defined by a distance above the roof, where there is no ceiling of an adjoining lot.

5 Volumetric Format Plan (VFP) A Volumetric Format Plan of survey defines land using 3 dimensionally located points to identify the position, shape and dimensions of each bounding surface. The most complex format and least understood. Utilised for subdivision of land within or outside of a CTS. No prior legislation for this format, save for a few specialist Acts (e.g. HSP Nominees Act, Southbank Act). Volumetric Surveys do not need structural elements. All dimensions horizontally and vertically are defined on the plan of survey. Typically used in large scale mixed use projects, but this is not mandatory. VFP are ideal where different land use ownership is required within or around a building. Extremely flexible in their potential shape, which allows developers to create a title around anything. The first VFP out of a Standard Format Parcel always creates a Standard Format Remainder Lot. Not all boundary corners will be marked, due to inaccessibility. Marks may not always remain. VFP Lot boundaries can contain original information. Surveyors normally work through the building in slices to resolve the extent of the volumetric Title Plan items to consider Title the subject of the survey and the parcel being cancelled; Parcel metes and bounds the volumetric parcel is defined by bearings and distances and heights to fully define the 3D shape; Lot number footprint area and volume; Adjoining information; Remainder lot and area; Boundary corner marks (on face of plan and in notes); Reference marks / permanent marks; Level datum; Approximate ground level; Isometric diagram.

6 Building management statement plans (BMS) The BMS is a document that regulates areas of the building shared between different volumetric lot owners Integral part of Volumetric Survey Plans define areas as described in the Building Management Statement Plan items to consider The registrar does not provide any directions regarding the presentation of BMS plans; BMS plans are required to demonstrate the location of any shared areas in the BMS eg access ways, parking, refuse rooms, loading docks etc; BMS shared areas are like easements, providing shared rights as outlined within the BMS; Typically a BMS shared area would describe who owns the area, who benefits from the area, who maintains the area, the cost sharing arrangements and any other matters relevant to the shared areas.

7 Exclusive Use Plans (EU) Exclusive use by laws are used within community titles schemes (CTS) to provide for the allocation of common property to lots within the CTS. Exclusive use by laws are described within the community management statement registered with a CTS. Exclusive use plans describe on a plan the location of an exclusive use area. Exclusive use can be done by document where not readily accessible and easily defined by description eg sign on roof, outside fence of the building. Exclusive use can be done by simple sketch, where not readily accessible and a simple sketch provides sufficient clarity eg tenants sign board. Exclusive use plans are usually defined by detailed sketches: Exclusive Use Plans have to be defined so there are no ambiguities in the area being defined. Boundaries are defined by:- Structural elements (walls, balustrades, edge of concrete floor and centre of fences); Plan items to consider References to structural elements where the exclusive use are in generally rectilinear (e.g. carparks); Marking the corners with survey marks and delineating by dimensions; Any combination of the above; Exclusive Use plans do not need to be prepared by a cadastral surveyor, unless they have boundaries by dimensions; Body corporate committee members are acceptable to prepare exclusive use plans but not the Body Corporate Manager (Direction ); All plans are to be certified as being correct (i.e. in accordance with the Registrars Directions) Title description of the exclusive use areas; Identifier and EU area; Use of structural elements and dimensions; Boundary corner marks, where not defined by structural elements. Occupational Authority Plans (OA) Occupation Authority areas are described within the caretaking / letting agreements which attach to a community titles scheme; OA areas are areas of common property that are occupied by the manager; OA plans define the location of the OA areas;

8 OA areas run with the caretaking / letting agreement and expire at the termination of the agreement.

9 Layered Arrangements Community Titles Scheme A layered arrangement is a grouping of community titles scheme (LTA Sec 115C and BCCM Sec 18(1)) Includes a principal scheme which is made up lots and its own common property, with at least one of the lots being a basic scheme (i.e. subsidiary scheme). Layered Schemes can be changed by progressive subdivisions to create additional subsidiary schemes. Typically used in resort style developments where large pieces of private infrastructure are shared. (e.g. Private roads to precincts, golf course, landscaped recreation areas, private waterways, etc.) Layered schemes are not restricted to resort style developments and can be used for any project. All plan formats can be utilised to establish and progressively develop layered schemes. Plan items to be considered Structure diagrams only used for understanding the structure and are not registered; Concept plans can be included within the CMS to describe the titling structure for a staged development All plan formats can be used for layered schemes including building format for layered schemes.

10 Community Titles Schemes Staged Development Reasons for staging (i.e. Development Cashflow, construction completion times, flexibility for project modification due to changed market). Typically staging involves leaving a balance development lot, which is usually SFP or VFP. Building Format Plans can also create a Standard Format balance development lot. Schedule B of the CMS provides the relevant explanation for the progressive development of scheme land. Schedule B is often accompanied by a Concept Plan. Staging can also occur by bringing land into the scheme from outside of the scheme. This is the most flexible method for developers as their development parcels are not contained within the scheme. Where developers propose to leave future development land outside the scheme, they need to ensure they retain an interest (at least 1 lot) in the scheme.

11 High density development easements The Benefits High Density Statutory Easement Legislation was introduced for Standard Format lots under 300m 2 June 2013; The Legislation applies to the principles of Statutory Easements for lots in a Community Titles Scheme (CTS) of support, shelter, projections, maintenance to attached townhouses not in a CTS. A Community Titles Scheme does not need to be created Party wall easements are not required Cost savings, through less documentation and simpler ownership structure Items to consider An easement document is registered on the relevant titles; The easement document describes the affected lots of the purpose of the high density development easements in including support, shelter, projections, maintenance of buildings close to boundaries and roof water drainage; The survey plan does not show any easements The certificate of title shows the registration of the relevant easements.