{"id":"tas:sr-2022-098","name":"Conveyancing and Law of Property (Building Title Plans) Regulations 2022","slug":"conveyancing-and-law-of-property-building-title-plans-regulations-2022","collection":"regulation","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"98 of 2022","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":179774,"registerId":"tas-tas:sr-2022-098-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"# Part 1 Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"### 1 Short title\n\n> These regulations may be cited as the [Conveyancing and Law of Property (Building Title Plans) Regulations 2022](/view/html/inforce/2026-04-12/sr-2022-098) .","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"### 2 Commencement\n\n> These regulations take effect on 28 November 2022.","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Interpretation","content":"### 3 Interpretation\n\n> > (1)  In these regulations –\n> > \n> > > ***Act*** means the [Conveyancing and Law of Property Act 1884](/view/html/inforce/2026-04-12/act-1884-019) ;\n> > \n> > > ***body corporate*** has the same meaning as in the [Strata Titles Act 1998](/view/html/inforce/2026-04-12/act-1998-017) ;\n> > \n> > > ***boundary structure*** has the same meaning as in the [Strata Titles Act 1998](/view/html/inforce/2026-04-12/act-1998-017) ;\n> > \n> > > ***Recorder*** means the Recorder of Titles appointed under the [Land Titles Act 1980](/view/html/inforce/2026-04-12/act-1980-019) ;\n> > \n> > > ***unit entitlement*** has the same meaning as in the [Strata Titles Act 1998](/view/html/inforce/2026-04-12/act-1998-017) .\n> \n> > (2)  Unless the contrary intention appears, expressions used in these regulations that are defined in [section 75CB](/view/html/inforce/2026-04-12/act-1884-019#GS75CB@EN) of the Act have the same respective meaning in these regulations.","sortOrder":3},{"sectionNumber":"Part 2","sectionType":"part","heading":"Building Title Plans","content":"# Part 2 Building Title Plans","sortOrder":4},{"sectionNumber":"4","sectionType":"section","heading":"General requirements","content":"### 4 General requirements\n\n> > (1)  A building title plan must –\n> > \n> > > > (a) state the name of any body corporate to be formed in relation to the plan and its address for service; and\n> > > \n> > > > (b) if parking easements are created on the building title plan –\n> > > > \n> > > > > > (i) delineate the parking bays; and\n> > > > > \n> > > > > > (ii) define or describe the rights of access to be conferred by the easements; and\n> > > > > \n> > > > > > (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\n> > > \n> > > > (c) contain any other information and features required by the Recorder.\n> \n> > (2)  If a building title plan is divided into lots, it must –\n> > \n> > > > (a) define the boundaries of each lot; and\n> > > \n> > > > (b) show the approximate area of each lot; and\n> > > \n> > > > (c) state the unit entitlement of each lot, if applicable; and\n> > > \n> > > > (d) include a drawing illustrating the lots and distinguishing them by numbers or other symbols.\n> \n> > (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.\n> \n> > (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.\n> \n> > (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.","sortOrder":5},{"sectionNumber":"5","sectionType":"section","heading":"Lodgement","content":"### 5 Lodgement\n\n> If a person wishes to register a building title plan, the plan is to –\n> \n> > > (a) be lodged, in accordance with the [Land Titles Regulations 2022](/view/html/inforce/2026-04-12/sr-2022-095) , as if it were a dealing under the [Land Titles Act 1980](/view/html/inforce/2026-04-12/act-1980-019) ; and\n> > \n> > > (b) be accompanied by the fee prescribed for a building title plan under the [Land Titles Act 1980](/view/html/inforce/2026-04-12/act-1980-019) .","sortOrder":6},{"sectionNumber":"6","sectionType":"section","heading":"Registration","content":"### 6 Registration\n\n> A building title plan is taken to be registered if the Recorder records on the first page of the plan –\n> \n> > > (a) a notification that the plan has been registered; and\n> > \n> > > (b) the date of registration; and\n> > \n> > > (c) the Recorder’s signature.","sortOrder":7},{"sectionNumber":"7","sectionType":"section","heading":"Powers of Recorder","content":"### 7 Powers of Recorder\n\n> > (1)  The Recorder may, before registering a building title plan and after giving notice to such persons as the Recorder thinks fit –\n> > \n> > > > (a) number, re-number or otherwise distinguish any flats in the building title plan; and\n> > > \n> > > > (b) supply omissions and correct patent errors in the building title plan.\n> \n> > (2)  Without limiting [subregulation (1)](#GS7@Gs1@EN) , the Recorder may, before registering a building title plan, amend it with the consent of –\n> > \n> > > > (a) the person who lodged it; and\n> > > \n> > > > (b) the town clerk of the Council.","sortOrder":8},{"sectionNumber":"8","sectionType":"section","heading":"Notification on certificate of title","content":"### 8 Notification on certificate of title\n\n> The Recorder is to enter on each folio of the Register, under the [Land Titles Act 1980](/view/html/inforce/2026-04-12/act-1980-019) , for a building title plan, a notification that the proprietor holds the proprietor’s flat and the proprietor’s share of common property, if any, subject to –\n> \n> > > (a) any interests affecting the flat or common property being notified on the registered building title plan; and\n> > \n> > > (b) any amendments to the flat or common property shown on the building title plan.","sortOrder":9},{"sectionNumber":"Part 3","sectionType":"part","heading":"Miscellaneous","content":"# Part 3 Miscellaneous","sortOrder":10},{"sectionNumber":"9","sectionType":"section","heading":"Declaration by Hobart City Council","content":"### 9 Declaration by Hobart City Council\n\n> A declaration made under [section 75CD(1)](/view/html/inforce/2026-04-12/act-1884-019#GS75CD@Gs1@EN) of the Act is to be in accordance with the form in [Schedule 1](#JS1@EN) .","sortOrder":11},{"sectionNumber":"SCHEDULE 1 - Form","sectionType":"part","heading":"SCHEDULE 1 - Form","content":"# SCHEDULE 1 - Form SCHEDULE 1 - Form\n\n[Regulation 9](#GS9@EN)","sortOrder":12},{"sectionNumber":"Form  - Declaration under sect","sectionType":"division","heading":"Form  - Declaration under section 75CD(1)","content":"## Form  - Declaration under sect Form  - Declaration under section 75CD(1)\n\n[![graphic image](/image/CLP(BTP)Regs Form 1.gif)](/image/CLP\\(BTP\\)Regs Form 1.gif)\n\nDisplayed and numbered in accordance with the *[Rules Publication Act 1953](/view/html/inforce/current/act-1953-050)*.\n\nNotified in the *Gazette* on 23 November 2022\n\nThese regulations are administered in the Department of Natural Resources and Environment Tasmania.","sortOrder":13}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"These regulations implement procedural, form and certification requirements for building title plans under the Act (definitions at reg 3), without expanding the substantive scope of property interests or creating new classes of rights. They clarify documentation, lodgement, fee payment and limited Recorder powers (regs 4–9) rather than altering which interests may exist."},"complexity_factors":["Cross-references to multiple other Acts and regulations (definitions and lodgement procedures rely on the Conveyancing and Law of Property Act 1884, Strata Titles Act 1998 and Land Titles Act 1980 and Land Titles Regulations) (reg 3(1); reg 5(a)).","Technical survey certification requirement that a registered surveyor must endorse or accompany the plan (reg 4(4)).","Detailed content requirements for plans, including parking easement delineation and rights of access, lot boundaries, unit entitlements and drawings (reg 4(1)–(3)).","Recorder's discretionary powers to number, correct, supply omissions and amend plans with consent, creating administrative decision points (reg 7(1)–(2)).","Procedural formalities for registration and entry on folios (Recorder signature and notification on first page; entry on each folio) (regs 6, 8).","Mandatory fee payment and lodgement as if a dealing under the Land Titles Act, imposing a clear cost and procedural burden on applicants (reg 5(b)).","A specified statutory form for Hobart City Council declarations that must be used (reg 9 and Schedule 1)."],"plain_english_summary":"These regulations set the form, survey and lodgement rules for \"building title plans\": what must appear on plans (including parking easements), the required surveyor certificate, how plans are lodged and registered, and the Recorder’s limited powers to correct or amend plans. They affect developers, surveyors, landowners, the Recorder and local councils. Compliance requires following the Land Titles Regulations and paying the prescribed fee, allocates limited administrative discretion to the Recorder, and imposes technical survey and documentation costs."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"Based on the available metadata, there is no indication that the scope of these regulations changed from their original intent. The regulations appear to have been in consistent force since 28 November 2022 with no substantive amendments noted in the information provided."},"complexity_factors":["Only administrative/status metadata was provided — no substantive regulatory content was available for analysis","Building title plans involve technical surveying and drafting standards that can be complex in practice","Interaction with parent Act (Conveyancing and Law of Property Act) adds a layer of legislative cross-referencing","Tasmanian-specific property law framework may differ from other jurisdictions, requiring local expertise"],"plain_english_summary":"These Tasmanian regulations govern the preparation, formatting and lodgement of building title plans used when subdividing or transferring parts of buildings (for example unit titles). They came into force on 28 November 2022 and were made under the Conveyancing and Law of Property Act.\n\nThey affect developers, surveyors, drafters, conveyancers and landowners involved in strata-style or subdivided building transactions — noncompliance can delay or jeopardise property dealings."},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose: establishing procedural and technical requirements for building title plans. The scope covers exactly what the title suggests—requirements for plans, lodgement, registration, and Recorder powers—with no significant expansion into unrelated areas. The single miscellaneous provision (regulation 9) regarding Hobart City Council declarations is directly tied to the parent Act's requirements."},"complexity_factors":["Only 5 defined terms in the interpretation section (Act, body corporate, boundary structure, Recorder, unit entitlement)","Minimal cross-referencing—primarily references to the parent Act (Conveyancing and Law of Property Act 1884) and related statutes (Strata Titles Act 1998, Land Titles Act 1980)","Straightforward structure: preliminary provisions, substantive requirements for plans, and one miscellaneous provision","No nested exceptions or complex conditional logic—requirements are stated as simple 'must' obligations","Single schedule containing one standard form declaration","Short length (9 regulations total)","Clear delineation between mandatory requirements (regulation 4) and procedural steps (regulations 5-8)"],"plain_english_summary":"**What this legislation does:**\n\nThese regulations set out the rules for creating and registering **building title plans** in Tasmania. A building title plan is a legal document that divides a building into separate ownership units (like apartments or flats) and establishes how common areas are shared.\n\n**Who it affects:**\n\n- **Property developers** who want to subdivide buildings into individual lots\n- **Registered surveyors** who must certify that buildings sit within legal boundaries\n- **The Recorder of Titles** (the government official who manages land registration)\n- **Local councils** (specifically Hobart City Council for certain declarations)\n- **Property owners** buying units in buildings registered under these plans\n\n**Key requirements:**\n\n- Building title plans must show:\n  - Names and addresses of any body corporate (the legal entity that manages shared property)\n  - Parking bay locations and access rights\n  - Lot boundaries, approximate areas, and unit entitlements (ownership shares)\n  - A drawing distinguishing each lot by number\n- Plans must include a **surveyor's certificate** confirming buildings are within legal boundaries\n- Plans are lodged and registered through the same system as other land dealings\n- The Recorder has power to fix errors and renumber units before registration\n\n**Why it matters:**\n\nThese regulations provide a clear, standardised process for creating legal ownership of individual units in multi-unit buildings. Without these rules, it would be unclear who owns what in apartment buildings, making sales, mortgages, and disputes difficult to resolve. The regulations ensure transparency in property ownership and protect buyers by requiring professional certification of building locations."}},"importantCases":[],"_links":{"self":"/api/acts/conveyancing-and-law-of-property-building-title-plans-regulations-2022","history":"/api/acts/conveyancing-and-law-of-property-building-title-plans-regulations-2022/history","analysis":"/api/acts/conveyancing-and-law-of-property-building-title-plans-regulations-2022/analysis","conflicts":"/api/acts/conveyancing-and-law-of-property-building-title-plans-regulations-2022/conflicts","importantCases":"/api/acts/conveyancing-and-law-of-property-building-title-plans-regulations-2022/important-cases","documents":"/api/acts/conveyancing-and-law-of-property-building-title-plans-regulations-2022/documents"}}