Subdivision (Registrar's Requirements) Regulations 2021 (Victoria)

These Regulations set procedural and documentary requirements the Registrar must apply, and applicants must meet, for plans and related documentation lodged under the Subdivision Act 1988. They operate by prescribing: which items must appear on a plan, how plans must be numbered and signed, what supporting material must accompany a lodgement, and timeframes for Registrar action. The Regulations were made under section 43 of the Subdivision Act 1988 and commence on 10 November 2021 (regulation 2; regulation 3). The stated objectives are to prescribe times for things required by the Act, registration procedures, required information on plans and documents, and other matters necessary for the operation of the Act (regulation 1).

Mechanically the Regulations do the following (non-exhaustive list of key changes or prescriptions):

Require the use of a Registrar-issued plan number on plans and related forms, and limit a plan number to one plan except for staged subdivisions (regulation 6(1), (3), (4)). The Registrar must make plan numbers available on request on payment of the relevant fee (regulation 6(2)).
Prescribe acceptable plan formats and signature requirements. The Registrar may accept paper, representations of paper or electronic formats acceptable to the Registrar (regulation 7). Signature and authorisation rules differ for paper and non-paper plans and depend on whether the plan is based on survey or prepared by a licensed surveyor (regulation 8(5) to (7)).
Prescribe mandatory information on plans and accompanying material. At minimum a plan must note the section of the Act under which it is lodged, indicate whether it is a staged subdivision, include council certification in the form required by applicable Regulations, include Map Grid Australia co-ordinates where prepared by a licensed surveyor, and, where a plan comprises multiple sheets, meet sheet-numbering and plan-numbering requirements (regulation 8(1) to (4)).

Version No. 001

Subdivision (Registrar's Requirements) Regulations 2021

S.R. No. 134/2021

Version as at
10 November 2021

TABLE OF PROVISIONS

Regulation Page

Part 1—Preliminary 1

1 Objectives 1

2 Authorising provision 1

3 Commencement 1

4 Definitions 2

Part 2—Form and content of plans 3

5 Form and layout of plans and documents 3

6 Use of Registrar's plan numbers 3

7 Form of plans 3

8 Information which must be on plans 4

9 Meaning of abbreviations on plans 5

10 Use of buildings to define boundaries 6

11 Method of showing boundaries on a plan 12

12 Plans for acquisition of land 15

13 Removal or variation of easements 15

14 Creation, removal or variation of restrictions 16

15 Information to accompany plans—section 27F(2) 16

16 Information to be on master plans—staged subdivisions 17

17 Information to be on plans for subsequent stages—staged subdivision 17

18 Special information for the Registrar 17

Part 3—Applications to the Registrar 19

19 Other applications 19

20 Advice concerning amendments to plan 19

21 Time for Registrar to consider boundary plans—section 26(2) 19

22 Plan of subdivision—section 35 19

Part 4—Miscellaneous 21

23 Registrar records statement of compliance 21

24 Compliance with geographic place names legislation, rules and standards 21

25 Name of owners corporation 21

26 Registrar to record information 22

27 Notice of intention to wind up owners corporation—section 34G(4) 23

28 Location of boundaries on strata plans 23

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Endnotes 24

1 General information 24

2 Table of Amendments 26

3 Amendments Not in Operation 27

4 Explanatory details 28

Version No. 001

Subdivision (Registrar's Requirements) Regulations 2021

S.R. No. 134/2021

Version as at
10 November 2021

Part 1—Preliminary

1 Objectives

The objectives of these Regulations are to prescribe—

(a) times for doing things required to be done by the Subdivision Act 1988 or these Regulations; and

(b) procedures for the registration of plans under that Act; and

(c) information to be included in any plans, statements and other documents prepared or given for the purposes of that Act; and

(d) other matters necessary for the purposes of that Act.

2 Authorising provision

These Regulations are made under section 43 of the Subdivision Act 1988.

3 Commencement

These Regulations come into operation on 10 November 2021.

4 Definitions

In these Regulations—

appurtenance, in relation to a building, means forming part of or belonging to that building and includes air-conditioning and heating units;

parcel means the land shown on a plan as a lot, road, reserve, common property or residual land;

strata plan means a registered or approved plan of strata subdivision or strata redevelopment;

the Act means the Subdivision Act 1988.

Part 2—Form and content of plans

5 Form and layout of plans and documents

(1) The Registrar may require any text, diagrammatic information or other content in a plan unrelated to a boundary to be removed from the plan.

(2) The Registrar may direct that the text or diagrammatic information in a plan unrelated to a boundary be contained in a memorandum of common provisions for inclusion in instruments to be subsequently lodged for registration.

6 Use of Registrar's plan numbers

(1) All plans and related forms (except for a plan under sections 32, 32AI and 32AL of the Act) must bear the plan number made available by the Registrar when submitted to a Council for certification, a referral authority for consent or lodged with the Registrar.

(2) When requested and on payment of the relevant fee, the Registrar must make a plan number available for use on a plan under section 32B of the Act or a plan of subdivision or a plan of consolidation.

(3) A plan number made available by the Registrar must be used for one plan only except for a staged subdivision.

(4) All plans that are part of a staged subdivision under section 37 of the Act must bear the same plan number on the master plan, the plan for the second stage and any plans for subsequent stages.

7 Form of plans

The Registrar may accept a plan for lodgement that is—

(a) a paper plan; or

(b) a plan in a form or medium other than paper that is a representation of a paper plan; or

8 Information which must be on plans

(1) A plan must include—

(a) a notation indicating the section of the Act under which it is to be lodged; and

(b) an indication whether it is or is not a staged subdivision.

(2) A plan must be accompanied by, in a manner approved by the Registrar, the information given to the applicant by the Council about street numbers and lot location of each lot on the plan.

(3) A plan must include or be accompanied by—

(a) the certification or re-certification of the plan by the Council in the form required by the applicable Regulations made under the Act; and

(b) Map Grid Australia co-ordinates of the approximate central point of the land in any plan prepared by a licensed surveyor.

(4) If a plan lodged in the form described in regulation 7(a) or (b) comprises more than one sheet—

(a) each sheet must be consecutively numbered; and

(b) the first sheet of the plan must be annotated with the following statement "Sheet 1 of [total number of sheets] sheets"; and

(5) Each sheet of a paper plan must be signed and dated by—

(a) a licensed surveyor if the plan—

(i) is prepared by the licensed surveyor; or

(ii) is based on survey; or

(iii) is a plan of subdivision; or

(b) the applicant, if paragraph (a) does not apply.

(6) A plan in a form other than a paper plan must be signed or authorised and dated by a licensed surveyor.

(7) By signing or authorising a plan a licensed surveyor certifies that the plan and any related survey is accurate and was undertaken by the licensed surveyor or under the licensed surveyor's supervision.

(8) A plan must contain a new version number when the plan has been amended, altered or recertified.

9 Meaning of abbreviations on plans

(1) In a plan—

A (no.), when preceding a number, means appurtenant easement number;

AMG means Australian Map Grid;

CP means Common Property;

E (no.), when preceding a number, means encumbering easement number, a condition in the nature of an easement in a Crown grant or any other encumbrance;

MGA means Map Grid Australia;

POS means Public Open Space;

R (no.), when preceding a number, means land not being a lot which is part of a road;

S (no.), when preceding a number, means Stage number.

(2) The Registrar may publish, from time to time, a list of meanings of abbreviations, being meanings which are to be used to interpret those abbreviations when the abbreviations are used on plans.

10 Use of buildings to define boundaries

(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);

(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 and 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 and 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 and 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

Example: Interior - Interior

Interior - Exterior (2).JPG

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 and 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 (…)

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).

11 Method of showing boundaries on a plan

(1) Subject to this regulation, a boundary must be shown on a plan by a continuous thin line.

(2) The depiction of any structure or feature of a building on a plan that does not constitute a parcel boundary must differ significantly to that of an easement on the same plan, unless the structure or feature is the easement.

(3) If the whole or part of a boundary is defined by a building or part of a building, the relevant boundaries must be identified on the plan by one or more of the following—

(a) a thick continuous line (subject to this regulation); or

(b) notation.

(4) If the position of hatching along a parcel boundary, easement boundary, or feature of a building is used to define the location of the structure of a building, an appropriate notation to this effect must be shown on the plan.

Example

Location of boundaries defined by buildings.

Median: boundaries marked M.

Face of wall, floor, ceiling, door window (or other): all other boundaries.

Hatching within a parcel indicates that the structure of the relevant wall, floor, ceiling, door, window, balustrade, roof (or other) is contained in that parcel.

image1.tif

(5) If parcels are located above or below each other or above or below parcels not in the plan, a cross section or diagram must be shown on the plan.

(6) Unless defined by dimensions, a cross section must indicate the extent of relevant parcels by identifying the specific features of any buildings that define a boundary.

(7) The information required by subregulations (5) and (6) may be approximately to scale.

(8) Subregulations (5) and (6) do not include those parts of parcels located above or below each other created by the location of the boundary defined in regulation 10(4).

(9) Projections of building boundaries on a cross section must be shown as thick broken lines and clarified by an appropriate notation if required.

(10) Only vertical or near vertical projections can be depicted in plan view.

(11) Vertical or near vertical projections on plan view must be shown by thick continuous lines and clearly identified by notation.

(12) Except in the case of an existing boundary defined by reference to a natural feature, a boundary defined in a previously registered plan by reference to a building or a boundary defined by reference to a projection in a cross section, dimensions must be shown for—

(a) all the boundaries of the land the subject of the plan; and

(b) each other boundary or part of another boundary not defined by a wall or part of a building; and

(c) variable horizontal distances between building boundaries (may occur when said boundaries are not completely vertical).

(13) The distance referred to in subregulation (12)(c) must be shown on the plan and is at ground or floor level between exposed building faces or from the exposed face of the building to the title boundary, unless otherwise stated.

(14) Despite subregulations (12) and (13), the Registrar may accept a plan as suitable for registration where dimensions are not shown for all of the boundaries of the land the subject of the plan if the Registrar considers that—

(a) a survey indicates that any of the dimensions of the relevant title boundaries may be inaccurate; or

(b) the dimensions of any of the boundaries are not shown on the relevant folio of the Register.

(15) If redeveloping parcels on a plan registered under the Subdivision (Registrar's Requirements) Regulations 2011[1], the Subdivision (Procedures) Regulations 2000[2] or the Subdivision (Procedures) Regulations 1989[3], any conflict as to definition of a boundary between the registered plan and the new plan must be reconciled by either—

(a) notation on the new plan; or

(b) supplying the Registrar at lodgement with new compiled sheets for the entire plan.

12 Plans for acquisition of land

A plan of subdivision to facilitate the acquisition of land must indicate the land acquired or to be acquired.

Note

Under section 18(3) of the Land Acquisition and Compensation Act 1986, land acquired by agreement is treated as if it has been compulsorily acquired.

13 Removal or variation of easements

A plan of subdivision or plan of consolidation which also removes or varies an easement must—

(a) refer to the grounds for the removal or variation; and

(b) include a statement indicating every easement which is to be removed or varied; and

14 Creation, removal or variation of restrictions

A plan of creation of restriction, plan of removal of restriction or plan of variation of restriction must—

(a) indicate the restriction proposed to be created, removed or varied; and

(b) describe the restriction by the use of a number or other notation.

Note

Section 3(1) of the Act provides that a restriction means a restrictive covenant or a restriction which can be registered, or recorded in the Register under the Transfer of Land Act 1958.

15 Information to accompany plans—section 27F(2)

(1) For the purposes of section 27F(2) of the Act, the prescribed information is—

(a) the postal address for the service of notices on each owners corporation to be created; and

(b) in the case of a limited owners corporation that is not limited to common property, the details of the limitation.

(2) For the purposes of subregulation (1)(a), Postal Box addresses and "care of" addresses are not acceptable postal addresses.

16 Information to be on master plans—staged subdivisions

For the purposes of section 37(3)(a) and (b) of the Act, the prescribed information is, as the case requires—

(a) the lots and any roads, reserves, common property, easements and restrictions in the first stage; and

(b) all residual land with the lot number or stage number, as appropriate; and

17 Information to be on plans for subsequent stages—staged subdivision

A plan submitted for the second or any subsequent stage must—

(a) be numbered with the master plan number made available by the Registrar; and

(b) show the lots and any roads, reserves, common property, easements and restrictions in that stage and which land (if any) is the residual land; and

(d) show the lots for the second or subsequent stages using different lot numbers from those contained in previous stages.

18 Special information for the Registrar

(1) Abstracts of field records, surveyors reports, electronic copies of plans, data, or other supporting documents required by the Registrar must be submitted to the Registrar when the plan is lodged.

(2) The additional information referred to in subregulation (1) is not part of the plan and must not be numbered as sheets of the plan but must include the plan number made available by the Registrar.

(3) Any other information required by the Registrar must be lodged with the plan.

Note

Under section 3(2) of the Act, and subject to these Regulations, a plan may contain information in any form, including words and drawings.

Part 3—Applications to the Registrar

19 Other applications

If no form of application or advice is prescribed by any regulations made under the Act or approved by the Registrar, the applicant must apply in writing to the Registrar stating the applicant's name and address and also—

(a) state what is required to be done and the relevant section of the Act; and

(b) describe the relevant land by reference to the folio of the Register or by any other description which is sufficient to satisfy the Registrar.

20 Advice concerning amendments to plan

(1) The Registrar must advise the Council within 10 working days of any amendments that are made under section 22(2)(a) of the Act to any certified plan.

(2) A plan submitted by an owners corporation under section 32AD(1) of the Act must refer to the number of the plan it is intended to amend.

21 Time for Registrar to consider boundary plans—section 26(2)

For the purposes of section 26(2) of the Act, the prescribed time is 45 days from the date on which the boundary plan is lodged with the Registrar.

22 Plan of subdivision—section 35

At the time of lodgement of a plan of subdivision under section 35 of the Act, one of the following must be provided to the Registrar—

(a) the relevant vesting transfers and Certificates of Title; or

(b) copies of the pages of the Government Gazette in which any relevant notice of acquisition is published.

Part 4—Miscellaneous

23 Registrar records statement of compliance

The Registrar must record the receipt of a statement of compliance if the statement is in the form prescribed under section 21 of the Act.

Note

See the Subdivision (Procedures) Regulations 2021[4].

24 Compliance with geographic place names legislation, rules and standards

A plan containing place names, including for roads, must comply with—

(a) the Geographic Place Names Act 1998; and

(b) the guidelines in force under the Geographic Place Names Act 1998; and

25 Name of owners corporation

(1) If only one owners corporation is created on a plan, that owners corporation must be named "Owners Corporation 1" followed by the plan number allocated by the Registrar.

(2) If more than one owners corporation is created on a plan, those owners corporations must be named "Owners Corporation" followed by—

(a) a consecutive number (beginning with the number one) that individually identifies each of the owners corporations created on that plan; and

(b) the plan number allocated by the Registrar.

Example

Two owners corporations are created on one plan. That plan is allocated the number 123 by the Registrar. The names of the owners corporations will be Owners Corporation 1—PS123 and Owners Corporation 2—PS123.

(3) If 2 or more owners corporations merge, the merged owners corporation must be named "Owners Corporation" followed by—

(a) a consecutive number that individually identifies the new owners corporation; and

(b) the plan number previously allocated by the Registrar to one of the merging owners corporations.

Example

Owners Corporation 1—Plan No. 111 merges with Owners Corporation 1—Plan No. 222. The new owners corporation will be named Owners Corporation 2—Plan No. 222.

26 Registrar to record information

(1) For the purposes of section 27H of the Act—

(a) the prescribed manner for recording information is to record the information contained in or provided with a plan in the Register; and

(b) the prescribed manner for amending information is to record the amended information in the Register; and

(c) the prescribed circumstance for amendment is whenever a material alteration is brought to the notice of the Registrar in writing under the Act.

(2) The Registrar must record the time and date the plan is registered.

(3) The Registrar must record the lodging details on any document accompanying a plan.

27 Notice of intention to wind up owners corporation—section 34G(4)

(1) The form of notice to the Registrar of an application to VCAT for the winding up of an owners corporation under section 34G(4) of the Act is a form approved by the Registrar.

(2) For the purposes of section 34G(4) of the Act, the prescribed manner to record the notice is—

(a) with the words "Application to VCAT to wind up owners corporation"; and

(b) to include, after the words in paragraph (a), the dealing number allocated by the Registrar and the date that the Registrar is served with the notice.

28 Location of boundaries on strata plans

(1) On a strata plan a thick continuous line on which no measurement is shown represents a vertical or near vertical boundary or part of a boundary along or within a wall or fence.

(2) On a strata plan a thick broken line on which a measurement is shown represents a vertical or near vertical boundary or part of a boundary which does not lie along or within a wall or fence.

(3) On a strata plan the location of any common boundary between a unit and another unit or a unit and common property is the median of any wall, fence, floor or ceiling unless the plan by legend or otherwise indicates that the boundary is in another position.

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Endnotes

1 General information

The Subdivision (Registrar's Requirements) Regulations 2021, S.R. No. 134/2021 were made on 9 November 2021 by the Governor in Council under section 43 of the Subdivision Act 1988, No. 53/1988 and came into operation on 10 November 2021: regulation 3.

The Subdivision (Registrar's Requirements) Regulations 2021 will sunset 10 years after the day of making on 9 November 2031 (see section 5 of the Subordinate Legislation Act 1994).

See www.legislation.vic.gov.au for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.

INTERPRETATION OF LEGISLATION ACT 1984 (ILA)

Style changes

Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.

References to ILA s. 39B

Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original regulation, rule or clause.

Interpretation

As from 1 January 2001, amendments to section 36 of the ILA have the following effects:

• Headings

All headings included in a Statutory Rule which is made on or after
1 January 2001 form part of that Statutory Rule. Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
This includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms.
See section 36(1A)(2A)(2B).

• Examples, diagrams or notes

All examples, diagrams or notes included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule. Any examples, diagrams or notes inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, form part of that Statutory Rule. See section 36(3A).

• Punctuation

All punctuation included in a Statutory Rule which is made on or after
1 January 2001 forms part of that Statutory Rule. Any punctuation inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
See section 36(3B).

• Provision numbers

All provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after
1 January 2001. Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule numbers, paragraphs and subparagraphs. See section 36(3C).

• Location of "legislative items"

A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of a Statutory Rule is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.

• Other material

Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of a Statutory Rule. See section 36(3)(3D)(3E).

2 Table of Amendments

There are no amendments made to the Subdivision (Registrar's Requirements) Regulations 2021 by statutory rules, subordinate instruments and Acts.

3 Amendments Not in Operation

This version does not contain amendments that are not yet in operation.

4 Explanatory details

Reg. 11(15): S.R. No. 111/2011 as amended by S.R. No. 15/2012. Revoked by virtue of Act No. 104/1994 s. 5. ↑
Reg. 11(15): S.R. No. 101/2000. Reprint No. 1 as at 21 August 2008. Reprinted to S.R. No. 123/2007. Extended in operation by S.R. No. 103/2010. Revoked by S.R. No. 112/2011. ↑
Reg. 11(15): S.R. No. 250/1989. Reprint No. 2 as at 6 March 1997. Reprinted to S.R. No. 65/1996. Extended in operation by S.R. No. 119/1999. Revoked by S.R. No. 101/2000. ↑
Reg. 23: S.R. No. 124/2021. ↑

1 Subdivision (Registrar's Requirements) Regulations 2021

Version No. 001

Subdivision (Registrar's Requirements) Regulations 2021

S.R. No. 134/2021

Version as at
10 November 2021

TABLE OF PROVISIONS

Regulation Page

Part 1—Preliminary 1

1 Objectives 1

2 Authorising provision 1

3 Commencement 1

4 Definitions 2

Part 2—Form and content of plans 3

5 Form and layout of plans and documents 3

6 Use of Registrar's plan numbers 3

7 Form of plans 3

8 Information which must be on plans 4

9 Meaning of abbreviations on plans 5

10 Use of buildings to define boundaries 6

11 Method of showing boundaries on a plan 12

12 Plans for acquisition of land 15

13 Removal or variation of easements 15

14 Creation, removal or variation of restrictions 16

15 Information to accompany plans—section 27F(2) 16

16 Information to be on master plans—staged subdivisions 17

17 Information to be on plans for subsequent stages—staged subdivision 17

18 Special information for the Registrar 17

Part 3—Applications to the Registrar 19

19 Other applications 19

20 Advice concerning amendments to plan 19

21 Time for Registrar to consider boundary plans—section 26(2) 19

22 Plan of subdivision—section 35 19

Part 4—Miscellaneous 21

23 Registrar records statement of compliance 21

24 Compliance with geographic place names legislation, rules and standards 21

25 Name of owners corporation 21

26 Registrar to record information 22

27 Notice of intention to wind up owners corporation—section 34G(4) 23

28 Location of boundaries on strata plans 23

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Endnotes 24

1 General information 24

2 Table of Amendments 26

3 Amendments Not in Operation 27

4 Explanatory details 28

Version No. 001

Subdivision (Registrar's Requirements) Regulations 2021

The Regulations rest on a small set of recurring concepts that determine how a plan is created, verified and recorded. These main concepts govern technical plan content, the Registrar’s administrative controls, and the interface to other statutes.

Definitions and scope. The Regulations define terms used throughout. Important defined terms include appurtenance in relation to a building (includes air-conditioning and heating units), parcel (land shown on a plan as a lot, road, reserve, common property or residual land), strata plan (registered or approved plan of strata subdivision or redevelopment), and "the Act" meaning the Subdivision Act 1988 (regulation 4). The definitions narrow the document’s focus to plans and parcels, and to licensed surveyors and owners corporations as recurring actors.

Plan numbering and lifecycle. The Registrar issues plan numbers that must be used on plans and related forms (regulation 6(1)). A plan number must generally be used for one plan only, with staged subdivisions the exception; all plans forming part of a staged subdivision must bear the same plan number (regulation 6(3), (4)). A plan must be given a new version number when amended, altered or recertified (regulation 8(8)). These provisions create a unique identifier and a version control mechanism for the Registrar’s records.

Plan formats and signatures. The Registrar may accept paper, non-paper representations of paper, or electronic formats acceptable to the Registrar (regulation 7). Signature rules differ by format and content: each sheet of a paper plan must be signed and dated either by a licensed surveyor where the plan is prepared by or based on survey or by the applicant otherwise (regulation 8(5)). Plans in non-paper forms must be authorised and dated by a licensed surveyor (regulation 8(6)). By signing, a licensed surveyor certifies the plan and related survey are accurate and were undertaken by the surveyor or under the surveyor’s supervision (regulation 8(7)). That establishes professional certification as a compliance mechanism.

Boundary definition by buildings. The Regulations permit boundaries to be shown by reference to buildings and set out a taxonomy of boundary types: Interior Face, Median (floor and ceiling), Median (wall, window, door, balustrade) and Exterior Face (regulation 10(3)). The Regulations supply default spatial meanings for those terms (regulation 10(4)), require clear identification of parcels containing the structure in question (regulation 10(9)) and set rules for notation and depiction (regulation 10(5) and reg 11).

Depiction rules. A boundary must be shown by a continuous thin line unless rules for building boundaries apply (regulation 11(1)). Where boundaries are defined by buildings they must be identified by a thick continuous line or by notation (regulation 11(3)). Where lots are located above or below each other a cross section or diagram showing the extent of relevant parcels is required (regulation 11(5)-(7)). Dimensions must generally be shown for all boundaries except in narrowly defined circumstances where the Registrar may accept otherwise (regulation 11(12)-(14)).

Staged subdivisions and owners corporations. The Regulations prescribe required content for master plans and subsequent stages (regulations 16 and 17). They also prescribe the information that must accompany plans creating owners corporations, for example a postal address for service for each owners corporation and, where relevant, details of any limitation on a limited owners corporation (regulation 15). Naming conventions for owners corporations are prescribed (regulation 25).

Interaction with other instruments. The Regulations require compliance with the Geographic Place Names Act 1998, its guidelines, and any Australian standard on rural and urban addressing where plans contain place names (regulation 24). The Regulations also reference the Land Acquisition and Compensation Act 1986 by note in relation to plans for acquisition (regulation 12, note).

Registrar’s procedural powers. The Registrar may require removal of text unrelated to boundaries from plans or direct that such material be contained in a memorandum of common provisions for later lodgement (regulation 5). The Registrar may request additional information and must record the time and date a plan is registered and lodging details for documents accompanying a plan (regulation 26). The Registrar must also record receipt of a statement of compliance if it is in the prescribed form (regulation 23).

These concepts together form a technical framework that allocates responsibilities between applicants, licensed surveyors, councils and the Registrar, and that normatively defines how parcels and building-based boundaries are to be represented for registration purposes.

The Regulations affect a set of distinct parties that interact with the Registrar, councils and the Register. The most directly affected groups are:

Applicants who prepare and lodge plans. This includes developers, landowners, conveyancers and surveyors preparing plans of subdivision, consolidation, strata plans and ancillary plans. Applicants must lodge plans bearing the Registrar’s plan number and accompanying material as prescribed (regulation 6(1); regulation 18).
Licensed surveyors. Surveyors have an elevated role. They sign and certify plans prepared by them or based on survey, provide Map Grid Australia co-ordinates of the approximate central point of land where they prepare a plan (regulation 8(3)(b); regulation 8(5) to (7)) and must supply abstracts of field records and surveyor reports when requested by the Registrar (regulation 18(1)). By signing, a licensed surveyor certifies the accuracy of the plan and the related survey (regulation 8(7)).
Councils. Councils certify plans and must provide information to applicants about street numbers and lot location which must accompany the plan in a manner approved by the Registrar (regulation 8(2); regulation 8(3)(a)). The Registrar must advise a council within 10 working days of any amendments the Registrar makes to a certified plan under section 22(2)(a) (regulation 20(1)).
The Registrar and the Registrar’s office. The Regulations provide the Registrar with several procedural powers and record-keeping duties: issuing plan numbers, accepting or rejecting formats, directing content removal, requiring additional information, recording registration times and lodging details, and recording statements of compliance (regulation 5; regulation 6; regulation 7; regulation 18; regulation 23; regulation 26).
Owners corporations and unit owners. The Regulations prescribe how owners corporations are named and what information must accompany plans creating them, including postal addresses for service and limitation details for limited owners corporations (regulation 15; regulation 25). Notices relating to an application to wind up an owners corporation have a prescribed form and record method when served on the Registrar (regulation 27).
Referral authorities and VCAT. Referral authorities that must consent to plans will interact with plans bearing the Registrar number and with councils and applicants. VCAT is referenced in respect of winding up an owners corporation; the Registrar records a notice of an application to VCAT to wind up an owners corporation in a prescribed manner (regulation 27).
Professionals relying on the Register. Conveyancers, title searchers, planners and financiers will be affected indirectly because the Regulations standardise the form and metadata of plans in the Register, for example through mandatory plan numbers, version numbering, and the recording of lodging details and registration times (regulations 6, 8(8), 26).

Who pays. The Regulations require payment for a plan number when requested from the Registrar (regulation 6(2)). Beyond that the Regulations refer to "the relevant fee" but do not themselves set fees. Costs to applicants will include the preparation of required supporting information such as abstracts of field records and the professional certification by licensed surveyors (regulation 18(1); regulation 8(7)). Councils will incur administrative tasks such as certification and responding to Registrar notices of amendment (regulation 8(3)(a); regulation 20(1)).

Who decides. The Registrar exercises discrete decisions: issuing plan numbers and their conditions of use (regulation 6), accepting plan formats (regulation 7), requiring removal of unrelated content (regulation 5), requesting additional supporting information (regulation 18(3)), recording lodgements and registration times (regulation 26), and prescribing the form for notices related to winding up owners corporations (regulation 27(1)). Councils decide on certification of plans consistent with the Act and must supply street numbering information to applicants in a manner approved by the Registrar (regulation 8(2), (3)(a)).

Behavioural consequences. The Regulations change behaviour by standardising plan metadata and presentation, increasing the value of early engagement with the Registrar for plan numbers, and putting professional certification obligations squarely on licensed surveyors. Applicants will need to plan for the inclusion of specified data at lodgement and the potential for the Registrar to require additional supporting documents. Councils must act to supply and certify required information to avoid delays at lodgement.

The Regulations allocate distinct duties to applicants, licensed surveyors, councils and the Registrar, and establish rights and limited discretions for the Registrar.

Principal duties on applicants and preparers

Use of plan number: Applicants must include the Registrar-provided plan number on all plans and related forms except where the plan is under sections 32, 32AI and 32AL of the Act (regulation 6(1)). Where requested, applicants must obtain a plan number from the Registrar on payment of the relevant fee (regulation 6(2)).
Plan notation and staging: A plan must include a notation indicating the section of the Act under which it is lodged and whether it is a staged subdivision (regulation 8(1)). Master plans and subsequent staged plans must include prescribed information about lots, roads, reserves, common property, residual land and any planning scheme provisions relevant to future stages (regulations 16 and 17).
Council information and certification: A plan must be accompanied by the applicant-provided information given by the Council about street numbers and lot location of each lot in a manner approved by the Registrar (regulation 8(2)). Plans must include certification or recertification by the Council in the form required by applicable Regulations made under the Act (regulation 8(3)(a)).
Technical mapping and survey duties: Where a licensed surveyor prepares a plan, the plan must include Map Grid Australia co-ordinates of the approximate central point of the land (regulation 8(3)(b)). Each sheet of a paper plan must be signed and dated by a licensed surveyor where the plan is prepared by the surveyor or is based on survey; if not, by the applicant (regulation 8(5)). Non-paper plans must be signed or authorised and dated by a licensed surveyor (regulation 8(6)). By signing, the licensed surveyor certifies accuracy and the origin of the survey work (regulation 8(7)). A plan must contain a new version number whenever it has been amended, altered or recertified (regulation 8(8)).
Supporting documents and evidence: Abstracts of field records, surveyor reports, electronic copies of plans, data or other supporting documents required by the Registrar must be submitted when the plan is lodged (regulation 18(1)). Plans that remove or vary easements must refer to grounds for the removal or variation, list every easement to be removed or varied and clearly show the effect of the removal or variation on the plan (regulation 13).
Address and owners corporation information: For the purposes of section 27F(2) of the Act, prescribed information accompanying plans creating owners corporations includes a postal address for service for each owners corporation to be created, and, for limited owners corporations not limited to common property, details of the limitation. PO Boxes and "care of" addresses are not acceptable (regulation 15(1) and (2)).

Registrar duties and discretions

Issue and control of plan numbers: The Registrar must make plan numbers available on request and on payment of the relevant fee (regulation 6(2)). The Registrar may require removal of text or diagrammatic information in a plan unrelated to a boundary, or direct that such material be contained in a memorandum of common provisions for inclusion in instruments to be subsequently lodged for registration (regulation 5(1) and (2)).
Acceptance of formats: The Registrar may accept plans for lodgement in paper, other representations of paper, or acceptable electronic formats (regulation 7).
Additional information requests: The Registrar may require any other information to be lodged with the plan (regulation 18(3)). Additional material lodged is not regarded as part of the plan and must not be numbered as sheets, but must include the plan number made available by the Registrar (regulation 18(2)).
Administrative recording duties: The Registrar must record the time and date the plan is registered and the lodging details of documents accompanying a plan (regulation 26(2) and (3)). The Registrar must record receipt of a statement of compliance if it is in the prescribed form under section 21 of the Act (regulation 23).
Notification duties: The Registrar must advise the Council within 10 working days of any amendments made to a certified plan under section 22(2)(a) of the Act (regulation 20(1)).

Rights and limits

Registrar’s right to require content removal or redirection. The Registrar may require removal of non-boundary related content from a plan or direct that it be included in a memorandum for later instruments (regulation 5).
Applicant’s right to obtain plan numbers. Applicants have the right to obtain a plan number on request on payment of the relevant fee and to have that number applied to their plan (regulation 6(2)).
Prescribed timeframe for Registrar consideration of boundary plans. For boundary plans the prescribed period for the Registrar to consider is 45 days from lodgement (regulation 21). That timeframe creates a predictable administrative window for applicants and other stakeholders.

Other procedural and documentary duties

Sheet and version control: Where a plan comprises more than one sheet it must be consecutively numbered, the first sheet annotated "Sheet 1 of [total number of sheets] sheets" and each sheet must contain the plan number (regulation 8(4)). Plans must display a new version number when amended (regulation 8(8)).
Depiction and labelling obligations for building-defined boundaries and vertical projections: If the whole or part of a boundary is defined by a building the relevant boundaries must be identified by a thick continuous line or notation (regulation 11(3)). Vertical or near vertical projections have specified depiction rules in plan view and cross section requirements where parcels are above or below each other (regulation 11(5) to (11)).

Together these duties create a compliance envelope that affects the content, form, verification and recording of subdivision and strata-related plans. The Regulations assign professional responsibility to licensed surveyors for the accuracy of survey work and place administrative controls and record-keeping obligations on the Registrar.

The Regulations themselves set procedural obligations and recording requirements but do not contain express penalty provisions within the text for non-compliance. They operate primarily through administrative controls, certification requirements and recordation procedures.

Administrative enforcement mechanisms contained in the Regulations

Registrar control over plan lodgement and content. The Registrar may require removal of plan content unrelated to boundaries or direct it be placed in a memorandum of common provisions, and may require applicants to lodge supporting documents and additional information (regulation 5; regulation 18(3)). These powers function as gatekeeping tools: non-compliant plans can be refused for lodgement or be required to be amended before registration.
Professional certification obligations. Licensed surveyors must sign and certify plans where applicable, explicitly certifying that the plan and survey are accurate and were undertaken by the surveyor or under the surveyor’s supervision (regulation 8(5) to (7)). This creates potential professional accountability through existing surveyor regulatory frameworks and contractual remedies, even though the Regulations do not specify statutory penalties.
Recordation and notation. The Registrar must record registration times, lodging details and receipt of statements of compliance, and must record notices relating to applications to VCAT to wind up an owners corporation in a prescribed way (regulations 23, 26, 27). These recordation powers facilitate transparency in the Register and can affect subsequent title dealings and administrative actions.

Absence of express sanctions in these Regulations

No specific fines or criminal penalties are prescribed. A careful reading of the Regulations shows obligations and procedural rules but no standalone penalty clauses in this statutory instrument. Where enforcement or sanctions would apply, those mechanisms are provided elsewhere in the Subdivision Act 1988, the licensing regime for surveyors, the Transfer of Land Act 1958 or other statutes referenced in the Regulations. The Regulations do not themselves create novel offence provisions.

Court and tribunal interactions referenced

VCAT involvement. The Regulations prescribe form and recording requirements where an application is made to VCAT to wind up an owners corporation, including the Registrar’s recording of such a notice with the words "Application to VCAT to wind up owners corporation" and accompanying dealing number and service date (regulation 27(1) and (2)). This locates part of the dispute/ enforcement pathway in the tribunal system for owners corporation winding up.

Practical enforcement implications for practitioners

Administrative rejection, delays and re-lodgement costs are the most immediate enforcement risks created by the Regulations. The Registrar’s discretion to require removal of certain content or additional supporting material creates a compliance burden with potential time and cost consequences. Licensed surveyors who sign plans are exposed to professional consequences if a plan is inaccurate because the signatory certifies accuracy (regulation 8(7)).
The Regulations interact with broader regulatory regimes for surveyor conduct and title registration. Where conduct breaches existing licensing rules, separate disciplinary or sanctioning mechanisms apply outside the text of these Regulations.

In summary, enforcement under these Regulations is primarily administrative and professional rather than penal. The Registrar’s procedural powers, the certification obligations imposed on licensed surveyors and the linkages to the tribunal system and other statutes are the principal mechanisms by which compliance is sustained.

The Regulations are an instrument made under section 43 of the Subdivision Act 1988 and are designed to operate as subordinate procedural rules supporting that Act. They expressly interact with several other statutes and standards.

Primary relationship with the Subdivision Act 1988

Authorisation and operational scope. The Regulations are made under s 43 of the Subdivision Act 1988 (regulation 2) and repeatedly reference the Act when prescribing what must be shown on plans and how they must be lodged, for example the requirement to note the section of the Act under which the plan is lodged (regulation 8(1)(a)) and staged subdivision provisions (regulations 16 and 17).

Interaction with the Transfer of Land Act 1958 and restrictive covenants

Definitions and notes. Regulation 14 refers to section 3(1) of the Act for the meaning of "restriction" and notes that a restriction means a restrictive covenant or a restriction which can be registered or recorded in the Register under the Transfer of Land Act 1958. That links the description and labelling of restrictions on plans to the mechanics of registration under the Transfer of Land Act (regulation 14 and its note).

Land acquisition statutes

Reference to Land Acquisition and Compensation Act 1986. Regulation 12, which addresses plans for acquisition of land, includes a note that under section 18(3) of the Land Acquisition and Compensation Act 1986, land acquired by agreement is treated as if compulsorily acquired. The Regulations therefore interface with land acquisition processes where plans are prepared to facilitate acquisition (regulation 12 and note).

Geographic Place Names and addressing standards

The Regulations require compliance with the Geographic Place Names Act 1998 and its guidelines when plans contain place names, and with any Australian standard on rural and urban addressing in force (regulation 24). This places addressing and nomenclature within a statutory and standards-based framework external to the Subdivision Act.

Procedural and interpretive legislation

Interaction with the Interpretation of Legislation Act 1984. The Endnotes state that the Interpretation of Legislation Act 1984 (ILA) and its style and interpretive provisions apply. The ILA affects headings, examples, diagrams, notes and punctuation as part of the statutory text of the Regulations (Endnotes section 1). That modifies how examples, diagrams and notes in the Regulations should be treated legally.

Other subordinate instruments and regulations

The Regulations reference other subordinate instruments. For example, regulation 23 refers to the Subdivision (Procedures) Regulations 2021 for the prescribed form of a statement of compliance under section 21 of the Act. Council certification required under regulation 8(3)(a) must be in the form required by the applicable Regulations made under the Act, tying back to other procedural instruments.

Registry and title recording regimes

Register recordation rules. Regulation 26 prescribes how information provided with a plan is to be recorded in the Register for the purposes of section 27H of the Act. The Registrar must record plan registration times and lodging details, aligning plan lodgement with the Register under the Subdivision Act 1988 and the broader Torrens title framework where applicable.

Tribunal and winding up provisions

VCAT and owners corporation winding up. Regulation 27 prescribes the form and the manner in which the Registrar must record notice of an application to VCAT to wind up an owners corporation under section 34G(4) of the Act. That creates an administrative linkage between tribunal proceedings and the Register.

Implications of interactions

Compliance with these Regulations requires familiarity not only with the substantive prescriptions they contain but also with the applicable forms, standards and other subordinate regulations referenced. For example, proper naming and addressing require adherence to the Geographic Place Names Act 1998 and Australian addressing standards (regulation 24), while council certification must be provided in the form required by other Regulations under the Act (regulation 8(3)(a)). The Regulations intentionally layer procedure on top of multiple legal instruments, which centralises plan-related decision-making in Registrar-administered processes while relying on external standards and the council certification function to ensure local and technical consistency.

This version of the Subdivision (Registrar's Requirements) Regulations 2021 is Version No. 001, made on 9 November 2021 and commenced on 10 November 2021 (Endnotes, General information; regulation 3). The Endnotes state that this statutory rule will sunset 10 years after the day of making, that is 9 November 2031, pursuant to section 5 of the Subordinate Legislation Act 1994 (Endnotes, General information).

The Table of Amendments in the Endnotes records that there are no amendments made to these Regulations by statutory rules, subordinate instruments or Acts as at the version date (Endnotes, Table of Amendments). The "Amendments Not in Operation" section notes that this version does not contain amendments not yet in operation. The Explanatory details indicate that previous Subdivision (Registrar's Requirements) Regulations and earlier Subdivision (Procedures) Regulations are referenced in particular provisions such as regulation 11(15) but were revoked or superseded by the current instruments (Endnotes, Explanatory details 1 to 3).

Notable historical cross-references and revocations included in the Endnotes

The Explanatory details show that regulation 11(15) contained cross-references to prior statutory rules: S.R. No. 111/2011 as amended by S.R. No. 15/2012; Subdivision (Procedures) Regulations 2000 and 1989 across various reprints and revocations. Those earlier instruments were revoked and replaced by the current set of Regulations, and the explanatory notes make that legislative history explicit (Endnotes, Explanatory details 1 to 3).
Regulation 23’s Note indicates a cross-reference to the Subdivision (Procedures) Regulations 2021 (Endnotes, note 4). That suggests that certain forms, specifically the form of a statement of compliance under section 21 of the Act, are prescribed in the Subdivision (Procedures) Regulations 2021 rather than in this instrument.

No amendment activity is recorded in the body of these Regulations beyond the initial making. The document therefore should be read as the primary operative statutory rule setting Registrar requirements for the period from 10 November 2021 until any subsequent amendment or revocation, or until sunset in 2031.

Practitioners should monitor the Register of statutory rules and subordinate instruments for any amendments to these Regulations or to the other instruments they reference, including the Subdivision (Procedures) Regulations 2021, the Geographic Place Names Act 1998 guidelines, and any Australian addressing standards.

The Regulations as provided do not contain or cite any judicial decisions or tribunal determinations. The text and the Endnotes make no reference to litigation, and there are no cases named in the instrument. The document’s primary references to dispute or adjudicative processes concern administrative recording and the tribunal pathway for winding up owners corporations rather than substantive litigation history.

Relevant procedural link to adjudication

VCAT and winding up owners corporations. Regulation 27 prescribes how the Registrar must record a notice of an application to VCAT to wind up an owners corporation under section 34G(4) of the Act. That provides an administrative interface to tribunal proceedings but does not itself provide any precedent or litigation guidance (regulation 27).

Implications for potential disputes

Administrative decisions by the Registrar under these Regulations , for example, refusing to accept a plan in a certain format, requiring removal of content unrelated to boundaries, or requiring additional supporting documents , can be expected to give rise to administrative reviews or challenges under the Subdivision Act 1988 or via established administrative review pathways. The Regulations set the administrative framework but do not specify dispute resolution procedures other than recording obligations. Any legal challenge to a Registrar decision would engage the Subdivision Act 1988 and general administrative law principles outside the text of these Regulations.
Professional liability for licensed surveyors who certify plans could be a factual source of disputes. Regulation 8(7) gives licensed surveyors an explicit certification obligation; where a plan proves inaccurate, contractual or professional regulatory actions could follow under the licensing regime of the surveying profession. Such proceedings would be found in other sources.

Absence of recorded litigation. Because the instrument here is a procedural subordinate regulation made in November 2021 with no recorded amendments and no cases cited in the text or Endnotes, there is no litigation history contained in the source material to summarise. Practitioners requiring case law applying or construing these Regulations will need to consult tribunal and court databases after the date of commencement.

The Regulations set specific, sometimes counterintuitive requirements and place discrete duties on surveyors, applicants and councils. The following are practical pitfalls and traps that often create avoidable rework or delay.

Plan numbering and staged subdivisions

A plan number provided by the Registrar must be used for one plan only (regulation 6(3)). If you have a staged subdivision all the plans forming part of that staged subdivision must bear the same plan number (regulation 6(4)). Failure to coordinate plan numbers with the Registrar can cause lodgement errors or require re-numbering and re-lodgement.
Plan numbers are made available by the Registrar on request and on payment of the relevant fee (regulation 6(2)). The Regulations do not set the fee amount; applicants must allow for this administrative cost and check current fees.

Signature and format traps

Paper versus non-paper signing rules differ. Each sheet of a paper plan must be signed and dated by a licensed surveyor if it is prepared by, based on survey, or is a plan of subdivision; otherwise by the applicant (regulation 8(5)). Non-paper plans must be signed or authorised and dated by a licensed surveyor (regulation 8(6)). Misapplied signing rules can lead to invalid lodgements.
Licensed surveyor certification attaches legal weight. By signing, the surveyor certifies plan and survey accuracy and supervision (regulation 8(7)). Inaccurate plans expose the signatory to professional consequences and can delay registration.

Building-defined boundaries and labelling

Where boundaries are defined by reference to a building, the plan must specify which of the defined positions applies (Interior Face; Median (floor and ceiling); Median (wall, window, door, balustrade); Exterior Face) (regulation 10(3)). If left unspecified, default meanings under regulation 10(4) apply, which may not align with developer or purchaser expectations.
If a plan uses exterior face, interior face or a combination, the extent of the building must be clearly identifiable by depiction or notation (regulation 10(8)). Ambiguous depictions of building extents invite Registrar queries and potential requirement for cross sections or clearer notation.

Dimensions and cross sections

Dimensions are generally required. Except for existing boundaries defined by reference to a natural feature, boundaries defined in a previously registered plan by reference to a building or by projection must have dimensions shown for all boundaries and for horizontal distances between building boundaries (regulation 11(12) and (13)). The Registrar may accept plans without all dimensions only in narrow circumstances (regulation 11(14)).
Cross sections are required where parcels are above or below each other or above or below parcels not in the plan (regulation 11(5)). Those cross sections must indicate specific building features defining a boundary and may be approximate to scale (regulation 11(6) and (7)). Omitting a required cross section will delay acceptance.

Supporting documents and plan content control

Additional supporting material required by the Registrar must be lodged with the plan but is not part of the plan and must not be numbered as sheets of the plan; it must however include the plan number (regulation 18(1) and (2)). Practitioners can mistakenly treat supporting documents as plan sheets and mis-number them.
The Registrar may require removal of any text or diagrammatic information unrelated to a boundary and may direct such content be placed in a memorandum of common provisions and lodged later (regulation 5). Marketing sketches and explanatory notes included on a plan may therefore be rejected or removed.

Owners corporation and address specifics

Postal address for service is mandatory for each owners corporation created (regulation 15(1)(a)). PO Boxes and "care of" addresses are not acceptable (regulation 15(2)). Failure to supply an acceptable physical postal address will prevent lodgement.
Naming conventions for owners corporations are strict. If only one owners corporation is created it must be named "Owners Corporation 1" followed by the plan number; if multiple, each takes a consecutive number and the plan number (regulation 25(1) and (2)). Merging owners corporations must adopt a specified naming convention based on the plan number of one of the merging corporations (regulation 25(3)). Misnaming can create inconsistencies on the Register.

Specific documentation and proof obligations

For plans of subdivision lodged under section 35 of the Act, one of the following must be provided on lodgement: the relevant vesting transfers and Certificates of Title, or copies of Government Gazette pages publishing any relevant notice of acquisition (regulation 22). If those documents are overlooked the plan cannot be properly lodged.
When a plan removes or varies an easement it must refer to the grounds for the removal/variation, list every easement to be removed or varied, and clearly show the effect on the plan (regulation 13). Omissions here will trigger Registrar queries and require amendment.

Timeframes and administrative expectations

The prescribed time for the Registrar to consider a boundary plan is 45 days from lodgement (regulation 21). Practitioners should anticipate this as an administrative ceiling and allow for pre-lodgement checks to reduce the risk of delay.
The Registrar must advise the council within 10 working days of amendments to certified plans made under section 22(2)(a) (regulation 20(1)). Parties relying on council action should be aware of this short notification window.

Standards and naming rules

Place names and road names on plans must comply with the Geographic Place Names Act 1998, its guidelines, and any Australian addressing standard (regulation 24). Failure to check those instruments can produce late-stage complications, particularly for rural or newly created roads.

Regulation gaps that create practical uncertainty

The Regulations frequently refer to "the relevant fee" without specifying amounts (regulation 6(2)). Applicants must check current fee schedules issued by the Registrar to budget correctly.
The Registrar has broad discretion to require "any other information" be lodged (regulation 18(3)). That open-ended discretion requires applicants to be prepared for additional data demands.

These "gotchas" reflect areas where strict compliance with the text is essential. Practitioners should use the checklist in the next section to avoid the common traps described above.

Below is a practical, stepwise compliance checklist derived from the Regulations, followed by recommended pre-lodgement and operational practices. Citations to the Regulations are provided for each step so practitioners can verify the source text.

Pre-lodgement actions

Obtain the Registrar plan number early. Request a plan number from the Registrar and be prepared to pay the relevant fee (regulation 6(2)). For staged subdivisions ensure you understand whether all stages must bear the same plan number (regulation 6(4)).
Confirm plan format with the Registrar. Decide whether to lodge paper, an acceptable non-paper representation of a paper plan, or an electronic plan acceptable to the Registrar (regulation 7). Check Registrar guidance for acceptable electronic formats.
Engage a licensed surveyor early. If the plan is prepared by a licensed surveyor or is based on survey, confirm the surveyor will provide Map Grid Australia co-ordinates of the approximate central point of the land and will certify the plan (regulation 8(3)(b); regulation 8(7)).
Coordinate with council. Obtain the council’s information about street numbers and lot location for each lot and confirm the form in which the council will provide that information that is acceptable to the Registrar (regulation 8(2)). Ensure the council understands it must provide the certification or recertification in the form required by the applicable Regulations (regulation 8(3)(a)).

Checklist for the plan document and its sheets

Include the statutory notation and staging indicator. Annotate the plan with the section of the Act under which it is lodged and whether it is a staged subdivision (regulation 8(1)(a) and (b)).
Place the Registrar plan number on every sheet and add version numbering. Each sheet of a multi-sheet plan must contain the plan number and be consecutively numbered, with the first sheet showing "Sheet 1 of [total number of sheets] sheets". Ensure the plan contains a new version number when amended or recertified (regulation 8(4); regulation 8(8)).
Signatures. Ensure each paper sheet is signed and dated by the licensed surveyor where applicable or by the applicant otherwise (regulation 8(5)). For non-paper plans obtain the licensed surveyor’s authorisation and date (regulation 8(6)). Confirm the surveyor understands the certification statement in regulation 8(7).
Map Grid Australia co-ordinates. Where prepared by a licensed surveyor include MGA co-ordinates of the approximate central point of the land (regulation 8(3)(b)).
Depict boundaries and building-defined boundaries per rules. Show boundaries by continuous thin lines except where building-defined boundaries apply, in which case use thick continuous lines or notation; include cross sections for parcels above/below each other (regulations 11(1), 11(3), 11(5)-(7)). If a boundary is defined by a building, clearly identify which face or median applies and ensure the definition matches the default meanings or explicitly states a different location (regulation 10(3) and (4)).
Dimensions and exceptions. Show dimensions for all boundaries and variable horizontal distances unless the Registrar accepts otherwise where title dimensions may be inaccurate or not shown in the folio of the Register (regulation 11(12)-(14)). If relying on an exception, be prepared to provide evidence to the Registrar.
If the plan creates, removes or varies easements, include grounds and effects. For removals or variations, refer to the grounds, list each easement being removed or varied, and clearly show the effect on the plan (regulation 13).

Supporting documents and records

Assemble supporting documents for lodging. Prepare abstracts of field records, surveyor reports, electronic copies of plans and any other supporting documents required by the Registrar and include the plan number on those documents. Remember that such materials are not part of the plan and must not be numbered as plan sheets (regulation 18(1) and (2)).
Owners corporation details and addresses. Where an owners corporation is to be created, provide a street postal address for the service of notices for each owners corporation and, if a limited owners corporation is not limited to common property, specify the limitation details. Do not use PO Boxes or "care of" addresses (regulation 15(1) and (2)).
Name owners corporations correctly. Apply the naming conventions: "Owners Corporation 1,PS[plan number]" for a single owners corporation, and sequential names for multiple corporations created on the same plan (regulation 25(1) and (2)). For merges follow regulation 25(3).
Address naming and standards compliance. If the plan contains place names or road names, check compliance with the Geographic Place Names Act 1998, its guidelines and any applicable Australian standards on addressing (regulation 24).

Lodgement and post-lodgement

Lodge required vesting transfers or gazette pages as applicable. If lodging a plan of subdivision under section 35 of the Act provide either the relevant vesting transfers and Certificates of Title or copies of Government Gazette pages showing notice of acquisition (regulation 22).
Expect and manage the 45 day boundary plan window. For boundary plans the prescribed time the Registrar has to consider the plan is 45 days from lodgement. Use that period in project scheduling and follow up promptly to address any Registrar queries (regulation 21).
Track registrar recording duties. The Registrar records the time and date a plan is registered and the lodging details of accompanying documents (regulation 26(2) and (3)). Keep copies of all lodgement confirmations and dealing numbers.
If the Registrar makes amendments, note the 10 working day council notice. The Registrar must advise the Council within 10 working days of any amendments made to a certified plan under section 22(2)(a) (regulation 20(1)). Ensure your council contact is prepared to receive such notice.

Practical risk mitigation and best practice

Pre-lodgement meeting with Registrar and council. Given the Registrar’s discretion on acceptable formats, required supporting documents and content removal under regulation 5, a pre-lodgement discussion reduces the risk of rework.
Surveyor confirmation and file retention. Obtain written confirmation from the licensed surveyor that survey work complies with the requirements and retain abstracts of field records and surveyor reports so that supporting materials are ready for lodgement (regulation 18(1)).
Check naming and addressing standards early. Consult Geographic Place Names Office guidelines and addressing standards early in the project to avoid last-minute renaming of roads or lots (regulation 24).
Budget for fees and potential additional information requests. Include Registrar plan-number fees and time to supply additional information that the Registrar may require (regulation 6(2); regulation 18(3)).
Document version control. Maintain a clear version history that matches the plan version numbering required by the Regulations (regulation 8(8)).

By following the checklist above and anticipating the Registrar’s procedural checks, applicants and their advisers can reduce the risk of refused lodgements, delays, and increased costs.

Subdivision (Registrar's Requirements) Regulations 2021

Plain English Summary

Deep Dive

What it does

Current sections

Subdivision (Registrar's Requirements) Regulations 2021

Source text: opening excerpt

1 Subdivision (Registrar's Requirements) Regulations 2021

Main concepts

Who it affects

Key duties and rights

Penalties and enforcement

How it interacts with other laws

Amendment history

Litigation history

Gotchas

How to comply