So you want to subdivide your piece of land?
There are many stakeholders involved in the process of
subdividing, such as:
- Council
- Licensed Cadastral Surveyor or Registered Professional
Surveyor
- Solicitors
- Land Information New Zealand (LINZ)
- Horizons Regional Council
- Any other identified affected persons such as neighbours
It is important that you plan ahead when subdividing as it is
not a quick process and many steps need to be taken in order for
titles to be issued for the new allotments.
Section 7 of the District Plan details the subdivision
rules. However, it is important to talk to one of our
Planning Officers to check the specific rules for the zoning of the
site. It is important that you are able to provide as much
information to the Duty Planner e.g. size of site, location of
existing buildings, and location of existing access.
You should also engage with a local Licensed Cadastral Surveyor
or Registered Professional Surveyor who will lodge a subdivision
consent on behalf of you. They are experienced and will know
whether the land you wish to subdivide is suitable or is able to
meet the rules that Council has.
What goes in a Subdivision consent application?
A subdivision consent application may contain information such
as the following, but is not an exhaustive list:
- The address and legal description of the property and a copy of
the Certificates of Title for the land to be subdivided.
- Abutting and underlying title boundaries and existing building
line restrictions.
- The balance area of the subdivider's property showing any
proposals for future development.
- Contours or spot heights, as appropriate, at an interval
sufficient for the design of services.
- Topographic and geological details
- Areas of the land that are, or may be, subject to flooding,
inundation, erosion, landslip or subsidence.
- Existing vegetation, including significant areas of bush and
significant individual trees.
- Areas of vegetation and/or individual trees to be retained
and/or protected.
- Existing sanitary sewer and stormwater drainage systems with
invert and manhole levels.
- Existing power and telegraph poles and services.
- Existing and proposed septic tanks, evapotranspiration systems,
and irrigation systems.
- Existing roads, carriageways, and pathways to which connection
will be made.
- Existing buildings and other structures with description of
uses and materials and whether such buildings or structures are
intended to be retained, relocated, or removed.(xvi) Numbers,
areas, and dimensions of proposed lots, including net areas and
evidence of compliance with shape factor requirements.
- Proposed roads, access ways, service lanes, access lots, and
private ways with relevant widths, areas and proposed
gradients.
- Proposed easements (drainage, rights of way etc.) with a
memorandum and/or
Schedule
- Proposed areas of excavation and filling, together with
proposed finished contours where earthworks proposals should be
accompanied by a report and certificate from a registered engineer
or other suitably qualified person with experience in soil
mechanics or geotechnical matters as to the effects of the proposed
works.
How do I apply for a Subdivision Consent?
Residential Infill Subdivision
Information
Engineering Standards for land Development
Your Licensed Cadastral Surveyor or Registered Professional
Surveyor will lodge the appropriate information on behalf of you
which should hold all the relevant information Council needs to
process the application
How much is the deposit fee?
$1,125 deposit for non-notified subdivision consents or $15,000
- $26,250 for notified consents (based on current
charges).
How long will it take for Council to process my resource
consent application?
The statutory timeframe for processing a resource consent is 20
working days. However Council has the ability under s.37 of
the RMA 1991 to extend these timeframes. If we require
further information, we will contact you to request this
information and essentially the 'clock stops ticking' and
timeframes placed on hold until you provide us with this further
information to help us process your application.
What happens if I don't meet all of the rules of subdivision
including not meeting rules relating to the existing buildings or
access to the site?
You will need to also apply for a Landuse Consent component of
the subdivision. The Landuse consent component will also
require you to submit an Assessment of Environmental Effects with
the application. Your surveyor is able to undertake this work
on behalf of you. Depending on the non-compliances, Council
may identify affected persons who will have to give written consent
for the proposal.
Do I have to tell my neighbour or anyone else about my
proposal?
Similarly like Landuse consents, it is courteous to consult with
your neighbour before starting construction work or you have a
proposal in mind. However, you are not legally bound to do
this unless your project requires an affected person to give
written consent. Furthermore, if the project is a Controlled
Activity you also need to gain written consent.
If you are the neighbour, you have no legal ability to become
involved. However, if you are a concerned neighbour, go and
talk to the developer about your concerns or contact us if your
require information about their proposal.
What is the general process of processing once the subdivision
consent is lodged with Council?
The following list is not exhaustive, but is the general process
undertaken. Please note that for more complex or notified
subdivision consents, the process will vary.
- Subdivision Consent application is lodged with Council
- Processing by Planning Officer and relevant other officers such
as Roading Engineers, Subdivision Engineers, Waste & Water
Engineers, Parks & Reserves etc
- Council decision with conditions (this will vary depending on
the extent of the subdivision) and any objections/appeals have been
resolved
- Surveyor will accurately measure the land and prepare Land
Transfer Plan and place pegs in ground to define new boundary
- The Surveyor will submit Land Transfer Plan to Council as well
as confirm that conditions imposed have been completed by the
applicant.
There are two types of Certificates to be issued by Council:
- 223 Certificate for approval of the final survey plan
- 224 Certificate for approval of all conditions being met; This
certificate can be applied for in conjunction with the 223
Certificate. This may also involve Council officers
inspecting any works to be constructed to confirm that they have
been done to Council's minimum standards.
- Once Council is happy with the completion of conditions, the
signed certificates will be returned to the surveyor who will lodge
the survey plan and other related documents to Land Information New
Zealand for checking
- When LINZ is happy with the plan, this is passed onto the Land
Title Office for the issue of Certificates of Title for the new
allotments.
Conditions of Subdivision Consents
It is standard for Council to impose conditions on a subdivision
consent to ensure that the land or existing buildings on the
subject site can operate properly e.g. access to the allotments,
services are installed etc. Generally these are requirements
are to be undertaken prior to issue of title
Do I have to pay a Development Contribution?
The majority of subdivision proposals results in the creation of
additional units of demand on our City's infrastructure. The
increase of units of demand from your development means that you
will need to pay a Development Contribution.
The amount of the Development Contribution will depend on what
area within the city the site is located and the nature of the
subdivision. The Development Contribution will need to be
paid prior to issue of the 224 Certificate.
How long does my subdivision consent last for?
Currently under the Resource Management Act 1991, you have up to
5 years from granting of the subdivision consent to obtain the 223
Certificate. In addition, you have up to 3 years from the
granted date of the 223 Certificate to obtain the 224
Certificate.