Stages of a Cross Lease Flats Plan Update Process
This is a step-by-step guide to updating your cross-lease title. A cross-lease title becomes defective when the footprint of the building changes. There are two ways to rectify this. Updating your title is described here. For information about changing to freehold title, please see our page Defective Cross Lease Titles
To enlarge the flow chart please click on it. To download a PDF version click here.
Stage 1
Once the client has entered into an agreement, a topographical/site survey is required.
The Topographic/Site Survey forms the basis for any development on a site. It provides a snapshot of what is on-site at the time of the survey. This includes any impediments to the development, for example driveway widths, significant trees, and underground services, where visible.
A scheme plan is then created. This is a visual layout of the proposed development and how the new titles or other rights will be created. It is used as part of the resource consent application.
Stage 2
Infrastructure is normally established, but should it require updating, additional reports maybe required. We can organise this for you if necessary.
Our planner will then prepare your resource consent application for lodging with Auckland Council. This may require additional consultants reports depending on the issues on site and in the preparation of the application.
If Council approves the application, it is normally for a period of five years. Council will impose conditions on the consent, which must be complied with. These will typically be:
• Engineering conditions (overland flow path, fire wall, etc.)
• Survey conditions (Easements and legal plans)
• Certification and inspection conditions (providing evidence to Council that things have been completed as required)
Engineering plans or building consent plans may need to be prepared and approved by Council before any construction work is started. Resource Consent approval does not give consent to undertake physical construction work.
Stage 3
Complete construction and complete the legal survey work.
Stage 4
Apply for a completion certificate (called the s224c certificate) from the council when all conditions of the Resource Consent have been met. Our Licensed Cadastral Surveyor will lodge the Survey plans with Land information NZ. Once the 224c certificate has been issued, your solicitor will then apply for titles.