Resource Consents Unit
Agreement Form - Family Flats
(To be completed by the applicant(s) when applying for Resource Consent)
Submit your agreement form online at: onlineservices.ccc.govt.nz; or
Email to: resourceconsentapplications@ccc.govt.nz; or
Deliver to: Resource Consents Unit, Christchurch City Council, 53 Hereford Street, Christchurch; or
Send to: Resource Consents Unit, Christchurch City Council, PO Box 73014, Christchurch Mail Centre, Christchurch 8154.
For enquiries phone: 03) 941 8999
I have applied for resource consent for non-compliance associated with a family flat at (specify property address(s)):
I am aware that for the purpose of the family flat rules in the City Plan, a family flat:
“means self contained living accommodation, whether contained within a residential unit or located
separately to a residential unit on the same site which is occupied by family member(s) who are
dependant in some way on the household living in that residential unit; and which is encumbered by an
appropriate legal instrument which ensures that the use of the family flat is limited to dependent family
members of the household living in the residential unit.”
I understand that the City Plan requires that an appropriate legal instrument be registered on the Certificate of
Title(s) of the property to ensure that the use of the family flat is limited to dependent family members. The
Council’s preferred legal instrument is an encumbrance.
I am aware that the instrument will be prepared by the Council’s Solicitor and shall contain, inter alia, provisions to
the following effect:
I.
II.
III.
IV.
V.
VI.
The owner will ensure that the Family Flat will be occupied only by family member(s) who are dependent in
some way on the household living in the residential unit on the site.
The owner will:
a) remove the Family Flat from the property when it is no longer required for the housing of a dependent
family member of the household living in the residential unit on the site; or
b) remove the kitchen in the Family Flat when the Family Flat is no longer required for the housing of a
dependent family member of the household living in the residential unit on the site; or
c) obtain a resource consent allowing occupation of the Family Flat by persons other than a dependent family
member of the household living in the residential unit on the site.
The owner will perform the obligations stated in the instrument to the satisfaction of the Council within the
time stated.
Where there is more than one owner, the instrument shall bind each and every owner jointly and severally.
Upon registration of the Land Transfer Office, the instrument shall be binding upon the owner and the
owner’s successor’s in title.
The Council’s legal costs of preparation, execution and registration of the instrument and any subsequent
enforcement action necessary shall be borne by the owner.
I am aware that the fee for the preparation of the instrument is currently $485 (excluding my own solicitor’s fees). In
order to initiate the preparation and registration of the instrument I will forward a completed “Request Form” for
Family Flats and the associated fee to the Council.
I understand that if the terms of the instrument are breached the Council can carry out work to remove the kitchen
from the family flat and recover the cost from the owner.
I understand that no building work will be able to occur until the instrument has been registered on the Certificate of
Title(s) for the site.
I have read and understood the above and agree to enter into the legal instrument.
Signed (by applicant(s)): .........................................................................................................................................................
Name(s):
Date:
Updated: 10.11.14
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