Land subdivision in Auckland is the legal process of dividing a property into two or more new sections, each with its own title. It can be a way to increase property value or cater to family needs. This guide provides a simplified overview for beginners.

Key Stages of the Subdivision Process:

  1. Initial Assessment & Feasibility: First, determine if your property can be subdivided. Consult a licensed surveyor or planner to assess the land’s suitability based on factors such as size, topography, and development options. Some key factors are:
      • Checking if you are in a Watercare Capacity constraint area is also crucial and may require consultation with Watercare.
      • Understanding your property’s zoning under the Auckland Unitary Plan is also crucial, as it dictates minimum criteria for any proposed development.
      • Check for any property constraints such as hazards or existing covenants and limitations.
      • Consider different subdivision types such as fee simple or unit title.
  2. Subdivision Consent Application: Prepare and submit a formal application to the Auckland Council. This includes a detailed subdivision plan based on a topographical survey, and relevant supporting reports such as soil contamination, geotechnical, and drainage assessments.
  3. Detailed Development Plans: After a Resource Consent is issued, your architect and Engineer will prepare detailed construction plans and apply for relevant building consents and engineering plan approvals before starting the actual construction.
  4. Infrastructure Installation & Site Works: Carry out the physical work to service the new lots, including installing services (water, power, telecommunications, Stormwater and Wastewater drainage etc.) and building access ways. Council inspections will occur during this phase. Once works are complete, all relevant sign-off documents are required from the relevant authorities, Auckland Council, Watercare, Auckland Transport, etc.
  5. Legal Survey Work: Once your site is developed to an appropriate stage, your surveyor prepares the legal survey and associated documentation for your titles, showing the new boundaries and easements etc. This plan is submitted to Council for approval under Sec 223 of the RMA, and then to Land Information NZ (LINZ).
  6. Final Certification (Section 224c): Once works are complete, and sign-offs obtained, apply to the Council for a Section 224(c) certificate, confirming all consent conditions are met.
  7. Obtaining New Titles (LINZ): Your lawyer prepares legal documents and lodges them with LINZ, along with the approved plans and certificates. LINZ then issues new Records of Title for each lot, finalising the subdivision.

Important Considerations for Beginners:

    • Costs: Subdivision involves various costs, including professional fees for surveyors, planners, engineers, and lawyers. Auckland Council charges consent application processing fees and development contributions. Infrastructure and site work costs are also significant. Budget for potential unforeseen expenses. A two-lot
      residential subdivision can cost between $150,000 and $200,000, sometimes more. This does not include the construction costs of any new dwellings.
    • Estimated Time frames: The entire process can take 12 months or longer. Initial planning takes weeks, design and documentation take months, and Council approvals can also take several months. Site work duration varies, and final title issuance adds more time.
    • Key Roles: The homeowner/developer initiates the project. A surveyor handles land measurement and plan making. A town planner advises on regulations and manages Resource Consents. A civil engineer designs infrastructure. An architect obtains building consents. A lawyer handles legal aspects and title transfers. The Auckland Council and LINZ are the regulatory bodies.
    • Factors Influencing Approval: The number of infringements of the Auckland Unitary Plan will influence the chance of approval, and the time and costs involved. Adequate infrastructure servicing, suitable access, and consideration of natural hazards and environmental impacts are also critical.

Conclusion:

Land subdivision in Auckland requires careful planning and understanding of the process.

By familiarising yourself with the key stages, potential costs, and the roles of professionals, you can navigate this process more effectively. Consulting the Auckland Council, engaging experienced professionals, and following their advice are crucial steps for a successful subdivision project.