As property prices increase and the demand for smaller lifestyle properties increases, many rural landowners consider subdivision and boundary changes as a way of realising their investment, reducing debt and planning for succession.
Planning to subdivide
If you’re considering subdividing, or changing a boundary, your property law firm and surveyor should work together from the beginning. Working with an experienced property law firm and specialist surveyors means that all legal matters can be attended to as required during the planning stages, and the best possible Resource Consent Application can be submitted.
The subdivision process
Applying to subdivide
The application to subdivide is made to the applicable District Council. In consultation with you and your property law firm, your surveyor submits a Resource Consent application including an initial plan of the subdivision.
Issues that may affect your application include:
- whether the plan needs to be approved or sighted by any other party
- whether there are likely to be any restrictions under the applicable District Council plan
- whether the District Council impose bonds
Once the District Council grants the Resource Consent, the surveyor draws up a final plan that meets the conditions and lodges the plan for approval with Land Information New Zealand (LINZ) and the Council.
You, as the landowner, must meet any conditions required by the Council under the resource consent such as sealing roads, installing services and payment of any roading and reserve contributions.
Your property law firm will draw up the appropriate legal documents including any easements and covenants to restrict the use of the land, or the type of improvements that can be made to it which are sought and/or required as part of the subdivision.
Once the survey plan has been approved by LINZ and the Council and the Council is satisfied that you have met the conditions under the consent and issues final certification, the legal documents can be completed and signed. Once completed, your property law firm then lodges the legal documents with LINZ ordering the new titles. New titles are ordinarily issued 2 weeks following lodgment the the legal documents.
Need to know more about subdividing?
Whether you’re looking to undertake subdivision or considering purchasing land that is to be subdivided. Property Law Service can provide advice on your property agreement before you sign. If you’d like assistance with your property agreement, please contact us for advice.
Alternatively, you can talk to one of our team on 0800 PPTYLAW (0800 778 952) or +64 6 3705102.