Conveyancing and Law of Property (Building Title Plans) Regulations 2022
I, the Governor in and over the State of Tasmania and its Dependencies in the Commonwealth of Australia, acting with the advice of the Executive Council, make the following regulations under the Conveyancing and Law of Property Act 1884 .21 November 2022
By Her Excellency's Command,
R. C. JAENSCH
Minister for Parks
These regulations may be cited as the Conveyancing and Law of Property (Building Title Plans) Regulations 2022 .
These regulations take effect on 28 November 2022.
(1) In these regulations Act means the Conveyancing and Law of Property Act 1884 ;body corporate has the same meaning as in the Strata Titles Act 1998 ;boundary structure has the same meaning as in the Strata Titles Act 1998 ;Recorder means the Recorder of Titles appointed under the Land Titles Act 1980 ;unit entitlement has the same meaning as in the Strata Titles Act 1998 .(2) Unless the contrary intention appears, expressions used in these regulations that are defined in section 75CB of the Act have the same respective meaning in these regulations.
(1) A building title plan must (a) state the name of any body corporate to be formed in relation to the plan and its address for service; and(b) if parking easements are created on the building title plan (i) delineate the parking bays; and(ii) define or describe the rights of access to be conferred by the easements; and(iii) define any other easements and covenants (other than statutory easements) that are to be created on registration of the plan and to which any part of the site is to be subject; and(c) contain any other information and features required by the Recorder.(2) If a building title plan is divided into lots, it must (3) If a lot on a building title plan is part of a building, the plan may define the boundaries of the lot by reference to the boundary structures without necessarily delineating the boundaries, or showing the dimensions, of the lot.(4) A building title plan must be endorsed with, or be accompanied by, a certificate of a registered surveyor certifying that the building or buildings shown on the plan are within the boundaries of the site or that any encroachment beyond those boundaries is properly authorised according to law.(5) If a site comprising a building title plan is part of a piece of land that is subject to a highway adjoining the site, both the external boundary of the site and the boundary of the piece under or over the highway may be shown on the plan.
If a person wishes to register a building title plan, the plan is to (a) be lodged, in accordance with the Land Titles Regulations 2022 , as if it were a dealing under the Land Titles Act 1980 ; and(b) be accompanied by the fee prescribed for a building title plan under the Land Titles Act 1980 .
A building title plan is taken to be registered if the Recorder records on the first page of the plan
(1) The Recorder may, before registering a building title plan and after giving notice to such persons as the Recorder thinks fit (2) Without limiting subregulation (1) , the Recorder may, before registering a building title plan, amend it with the consent of
The Recorder is to enter on each folio of the Register, under the Land Titles Act 1980 , for a building title plan, a notification that the proprietor holds the proprietors flat and the proprietors share of common property, if any, subject to
A declaration made under section 75CD(1) of the Act is to be in accordance with the form in Schedule 1 .
Form - Declaration under section 75CD(1)
Displayed and numbered in accordance with the Rules Publication Act 1953.
Notified in the Gazette on 23 November 2022
These regulations are administered in the Department of Natural Resources and Environment Tasmania.
(This note is not part of the regulation)These regulations
(a) provide for various matters in relation to building title plans under Division 2 of Part XI of the Conveyancing and Law of Property Act 1884; and(b) are made consequent on the repeal of the Conveyancing and Law of Property (Building Titles Plans) Regulations 2012 under section 11 of the Subordinate Legislation Act 1992.