BIM Legal

Abstract

In this thesis, a proof of concept is developed that describes a complete data processing chain for registering new apartment rights in 3D. This chain starts by defining and adding legal space to Industry Foundation Classes (IFC) Building Information Model (BIM) models. Once the IFC BIMs are enriched with legal space, the 3D parcels are automatically extracted. The legal space is checked and validated, and stored in a Land Administration Domain Model (LADM) compliant database. Finally, the legal space is visualised on a desktop and browser-based client. Currently, there is no functional 3D Cadastral system functional in the Netherlands. A pilot study has been conducted to register 3D rights on the railway station in the city of Delft. This complex area contained many stacked objects such as a tunnel, offices, shops, etc. [Stoter et al., 2017]. However, the 3D drawings of the area were stored in a PDF document, which only serves as a visualisation tool in a separate document in the Public Registers. As a result, it is not possible to check for overlap with other 3D Cadastral objects. This research focuses on registering apartment rights for a 3D cadastre by using IFC BIM models as source data. Apartment rights are one of the most common rights found in apartment complexes. The IFC file format is chosen because it is the most widely used open data format for the exchange of BIM. In the Netherlands, submitting a IFC BIM file is mandatory for obtaining a construction permit for buildings with a value of 10 million euro or higher. IFC BIM files contain a lot of information, including 3D geometries of the indoor spaces, constructions and building infrastructure. However, there is no explicit information defining the individual apartments (property units). Therefore, the IFC is enriched with legal space in order to enable fully automatic extraction of the 3D spaces that belong to one apartment. This enrichment is based on analysing the current way of registering apartment rights using annotated 2D floorplans as part of a notarial deed [Kadaster, 2014, 2019c], analysing the Dutch legal system related to apartment rights, and based on this knowledge make a proposal for enriched IFC IFC files. To reach practical suggestions for the IFC enrichment, that can be used in the Architecture, Engineering and Construction (AEC) industry, stakeholders such as notaries, the Dutch cadastre, BIM experts and other parties are involved. Also, current guidelines and practices in the Netherlands on IFC usage have been taken carefully into consideration, such as specification documents of the National Government and the National BIM Platform. The conclusions of this research are that it is possible to enrich IFC BIM model with legal space in such a way that it fits current IFC BIM practices and legal system as much as possible. This is demonstrated with two use cases that describe the registration process of a (fictional) new apartment building, and sub splitting apartment rights of a (fictional) existing building. It is also concluded that there is still many future work to be done, such as improving the definition of legal space in IFC, further researching cadastral administration systems, and the changes to the current in the legal system that are required to facilitate 3D registration of property units.