75CELodging and registration of plans

### 75CE Lodging and registration of plans > [*\[Section 75CE of Part XI Inserted by No. 10 of 2000, s. 8, Applied:28 Apr 2000\]*](/view/html/inforce/2000-04-28/act-2000-010#GS8@EN) > > > (1)  A building title plan is to be lodged with the Recorder of Titles, together with – > > > > > > (a) an application under [section 11 of the](/view/html/inforce/2026-04-12/act-1980-019#GS11@EN) [Land Titles Act 1980](/view/html/inforce/2026-04-12/act-1980-019) by each owner of the land comprised in the plan to bring under that Act so much of that land as is not already under that Act; and > > > > > > > (b) a map or plan under [section 162](/view/html/inforce/2026-04-12/act-1980-019#GS162@EN) of that Act relating to each application. > > > (2)  If a building title plan is in order for registration and the whole of the land comprised in it has been brought under the [Land Titles Act 1980](/view/html/inforce/2026-04-12/act-1980-019) , the Recorder of Titles must register a memorial of the plan on each folio of the Register for the land and must – > > > > > > (a) where the plan is not intended to operate under the [Strata Titles Act 1998](/view/html/inforce/2026-04-12/act-1998-017) , issue a separate folio of the Register for the building; or > > > > > > > (b) where the plan is intended to operate under the [Strata Titles Act 1998](/view/html/inforce/2026-04-12/act-1998-017) , issue a separate folio of the Register for each lot in the building. > > > (3)  A folio of the Register issued under [subsection (2)(a)](#GS75CE@Gs2@Hpa@EN) or [(b)](#GS75CE@Gs2@Hpb@EN) is to certify that a fee simple is vested in the person in whom it is declared to vest under [section 75CD(1)](#GS75CD@Gs1@EN) and the fee simple so vests notwithstanding [section 40 of the](/view/html/inforce/2026-04-12/act-1980-019#GS40@EN) [Land Titles Act 1980](/view/html/inforce/2026-04-12/act-1980-019) . > > > (4)  The fee simple in the airspace above a rivulet and under and above a building remains vested in the Council.