What is a subdivision?
A subdivision is where your property is divided to create two or more lots. However, it can also be where you and your neighbour agree to adjust the boundary between your respective properties.
Where to start?
If you are looking to subdivide, the first step is contact a surveyor or planner as you need to determine under the local District Plan whether you can subdivide your property, which the surveyor or planner will be able to advise you on. If you can under the District Plan, then a resource consent needs to be obtained from the local council. The surveyor or planner will prepare the resource consent application and will apply to the council on your behalf.
What happens after resource consent is granted?
Once the resource consent has been granted the surveyor will prepare a survey plan. The survey plan will define the areas and boundaries of each lot. It will also outline what easements are required as part of the subdivision, where the easement areas are located and which neighbouring properties, councils, utility providers, or other lots in the subdivision, will have the benefit of the easement.
After the surveyor has completed drafting the survey plan, they will forward to your solicitors.
Your solicitors upon receipt of the survey plan, will carry out the following on your behalf:
- Draft the necessary easement documents and client authority and instructions to be signed by yourself, any neighbours, the local council, and utility providers
- Set up a dealing with Land Information New Zealand (LINZ) for the new titles to issue and easements to be registered
- Correspond with the local council and utility providers to arrange for their signing of the client authority and instruction form to enable registration of the easements in their favour and check whether they require any specific terms to be included in the easements. These easements in their favour cannot be registered without their consent.
- Correspond with any neighbours or their solicitors regarding the neighbour’s signing of the client authority and instruction form. As above they need to consent to the easement being registered
- Seek consent from your bank to the subdivision as they need to consent as it could affect their security
- Arranging for your signing of the client authority and instruction form, which needs to be signed in order to authorise your solicitor to submit the dealing to LINZ for new titles to issue and all easements to be registered
- Liaise with your surveyor about whether any consent notices need to be registered or any specific requirements have been imposed in the resource consent for example land covenants
While this is happening the surveyor will apply to the Council to have certificates issued by the Council under Sections 223 and 224 of the Resource Management Act. These certificates are the Council confirming that the resource consent conditions have been met and the application for new titles can be made to LINZ. Once the 223/224 certificates have been issued your surveyor will advise your solicitor and if they are both ready, then the survey plan will be lodged with LINZ by the surveyor and the tile dealing will be lodged with LINZ by your solicitor.
LINZ will then process the dealing and if everything is in order then LINZ will issue new titles, which will be sent to your solicitor to provide to you.
If you are looking to subdivide then Collins and May Law can assist you with all your subdivision needs so do not hesitate to contact us.
