To undergo a subdivision and create separate fee-simple allotments or shift a boundary on your existing title, a resource consent (subdivision consent) will need to be obtained from the local Council. A resource consent will require a detailed planning report that assesses the subdivision proposal against the relevant district plan rules for subdivision. All applications will require a subdivision scheme plan and can also sometimes require specialist reports depending on the scale of the proposal. Tripp Andrews Surveyors Ltd have their own in-house planners to complete these resource consent applications and also have longstanding professional relationships with Council officers that assess these applications.
An approved subdivision consent from Council is valid for 5 years and will usually include a number of conditions that need to be addressed before new titles can be issued by Land Information New Zealand (LINZ).
These conditions generally include:
- Pegging of new boundaries and the preparation of the new Land Transfer plan.
- The creation on any new easements or covenants.
- Engineering design plans for any new infrastructure.
- Supervision and completion certification of any physical works. eg. Vehicle access, water supply, drainage, earthworks.
- New utility connections for each new allotment, (telephone and power).
- Preparation of legal consent notices.
- Payment of Development Contributions (if applicable)
Council will generally issue two separate certificates at the completion of the above consent conditions, these certificates are called a Section 223 certificate (surveying conditions) and a Section 224c certificate (engineering and legal conditions). Both certificates need to be obtained before your solicitor can apply for new titles to be issued at LINZ. The surveyor will also need to lodge the new Land Transfer plan and supporting documents for LINZ approval before new titles can be issued, this lodgement is generally completed following the receipt of the section 223 certificate.
A unit title development is usually an office block or an apartment block which will consist of different areas defined as principal units, accessory units and common property. A principal unit is to be used as a residence or business, accessory units are attached to the principal units and include features such as gardens, garages, pools or car parking space and common areas / facilities which include features such as lawns, driveways, lifts and laundries.
For a unit title development you will need a surveyor to subdivide the land into separate units by depositing a plan which illustrates the spatial relationship between the principal units, the accessory units, and the common property. This process generally requires a surveyor to visit the property and as-built survey the different features onsite to determine exactly where the boundaries will be.
Tripp Andrews Surveyors Ltd are very experienced with Unit title developments and have a sound knowledge of the relevant legislation (Unit Titles Act 2010) guiding this form of subdivision.
Cross Lease Surveys were a very popular form of subdivision back in the 1980’s and 1990’s to bypass density rules. A cross lease title will include at least 2 parties that own a section of land and its buildings as tenants in common, who each join in the long term leasing of a flat to its occupants.
If one particular party undergoes additions or alterations to the footprint of their respective dwelling, it is prudent to update the cross lease title plan so that it accurately reflects the altered footprint and exterior walls. Converting Cross Lease titles into freehold title is now very popular as it gives the property owner exclusive rights of use and enjoyment of their land without the hassle of consulting with neighbouring parties. Tripp Andrews Surveyors Ltd have completed numerous Cross Lease title updates and conversions to freehold titles which generally requires a surveyor to visit the property and survey fix relevant information. Following approval from Council, the updated Cross Lease plan can then be lodged with LINZ for their approval and new titles issued. Converting a cross lease title to freehold will be subject to Council approval and will require other owners to agree to the change in title. It is advised that you also speak to your legal representative before adjusting a cross lease title.
Transferable Rural Lot Rights is a popular subdivision mechanism whereby existing development rights attributed to a rural property are transferred to another property to allow a subdivision to occur, usually in an area where development would not normally be permitted. Tripp Andrews is the region’s leading facilitator of these forms of subdivisions and can assist with the entire transfer process for both the ‘donor’ lot party and the ‘receiving’ lot party. We have facilitated hundreds of successful transfers which has allowed our clients to free up capital or complete a subdivision where they previously couldn’t have.
If your property is located in the Auckland Countryside living zone or the Former Franklin District Rural zone within the Waikato jurisdiction, then a Transferable Development Right (TDR) subdivision could be an option for you. Call today for expert advice on this form of subdivision. If your property is located within the Auckland or Waikato (former Franklin district) Rural zone, we have buyers looking for titles now!
When considering the undertaking of a subdivision, a comprehensive feasibility study is advisable prior to committing to the project. This will include research into issues relating to the viability of the subdivision such as the site conditions, existing services, local authority requirements, the existing certificate of title and any easements or other restrictions. Every project is unique, with its own individual combination of constraints.
Once an understanding of this background information has been obtained, estimates of cost and time-frames can be made and the client can then make an informed decision on the viability of the subdivision.