Everything you need to know about the process of subdividing property in New Zealand

In New Zealand, the term ‘subdivision’ refers to the process of dividing a piece of land into smaller sections, lots, or titles. This process is governed by specific laws and regulations which ensure proper land use and development. Below you will find some of the key points about subdivision in New Zealand that you’ll need to be aware of before you start this process with your section.

The Resource Management Act (RMA) 1991 is the primary piece of legislation which governs land use and subdivision in New Zealand. It outlines the principles for sustainable management of both natural and physical resources, which includes land. Subdivision requires approval from the local authority (council) in which the land is located. Each local authority has its own District Plan, which provides guidelines and rules for land use, zoning, and subdivision within its jurisdiction. It’s important to note these will likely differ from council to council.

Zoning regulations dictate how land can be used in different areas. Each District Plan will have specific rules in relation to subdivision, including minimum lot sizes, infrastructure requirements, and environmental considerations. In many cases, subdivisions require a resource consent application to the local council. This usually involves providing details about the proposed subdivision, its impact on the environment, and how any potential issues will be addressed.

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A licensed cadastral surveyor is typically required to survey the land and prepare subdivision plans. These plans show the proposed lots (property boundaries), access ways, and any required easements. (An easement is when one property owner requires access to the other’s property, usually for things like access to underground infrastructure.)

The surveyor’s plans for the subdivision must comply with the local authority’s rules and standards. Subdivisions must consider the provision of essential infrastructure such as water supply, sewage, stormwater management, and roading. Developers may need to contribute to, or provide, these services as part of the subdivision process.

Once the local authority is satisfied with the subdivision, and all conditions are met, new titles can be registered with Land Information New Zealand (LINZ). Each subdivided lot will have its own title, allowing for independent ownership. In addition to fee simple (freehold) subdivisions, New Zealand allows for other forms of subdivision. These include, but are not limited to, cross-lease and unit title subdivisions. These types of subdivisions usually involve shared ownership and management of certain areas or services.

The local council may impose conditions on the subdivision, and developers may also include restrictive covenants to control the use of the land. These conditions and covenants are legally binding and affect the future use of the subdivided lots. Developers may be required to make financial contributions to the local council/s to offset the impact of the subdivision on community infrastructure.

If you’re considering subdividing your land, whether you’re an individual or a developer, it’s crucial you engage with professionals who are familiar with New Zealand’s legal and regulatory framework for subdivision – including surveyors, planners, and legal experts. The process can vary depending on the specific circumstances and the local authority involved, so the sooner you get professional advice, the smoother your journey to subdivision is likely to be.

Then, once you’ve got your subdivision sorted, you can easily find a New Zealand Certified Builders professional for your next building project with the Find A Builder search function on www.nzcb.nz

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