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Infopage: About sub-division of property

The Auckland Unitary Plan has simplified the residential zones throughout Auckland with six zones created to allow for different levels of housing intensity.

Before starting, you should consider how you will use your subdivided property that is whether you intend to:

• subdivide the land (only) to sell • build a new house on the subdivided land to sell • build an additional house on the subdivided land for family use, or as an investment • subdivide a piece of land where houses already exist, or a land use consent has been granted enabling new houses to be built.

You need a subdivision resource consent to divide a parcel of land or a building into one or more further parcels, or to change an existing boundary location. Depending on your intentions, in addition to a subdivision consent you may need additional land use resource consents and building consents before you can start your building work.

What is a Consent?

A “consent” gives you, as the developer, the right to carry out specific work in accordance with various legislation and associated regulations. You will need to obtain the required resource consents from Council before any subdivision work starts on the property you own.

For subdivision/ land development projects, the following consents are usually required: • Land use consent • Subdivision consent • Building consent

Here are a few examples of when you need to apply for subdivision resource consent: • Subdividing your land into separately owned properties (fee simple). • Adjusting the boundary of your land. • Converting a cross-lease into a freehold title.

Services in your subdivided property New sites created by subdivision will need to be serviced to make sure that there is suitable vehicle access; wastewater and stormwater can be adequately managed; water, telecommunications and power connections to be created. Applications are usually made by cadastral surveyors and legal professionals because the reasons for applying are legislative and technical in nature.

Make sure they understand what you want to accomplish and why you want to subdivide and we can help you for it.

Legal Associates

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