Subdivisions Information Sheet – Planning What is Land Subdivision? Each parcel of land in private ownership in New Zealand has a Certificate of Title granted to the owner. Subdivision of land is dividing the Title so that a part of the land may be sold or owned separately from the rest of it. When land is sold, the Title to the land is sold. If you wish to sell part of the land in your Title you must first get a new Title to the portion of land which you want to sell. This process is known as subdivision. Subdivision can either: Divide up a piece of land; or Provide a Title for a building or part of a building on a site; Adjust the boundaries of a property. All subdivision requires a Resource Consent from the Council. The Council controls subdivision to ensure that each piece of land is provided with all the necessary services, has adequate access, can be safely used for its intended purpose and will not cause any adverse effects on the environment. Subdivision Process A Subdivision Plan The first stage in subdividing land is to submit a plan to the Council showing boundaries of the existing Title and the boundaries of the proposed new lots. This plan needs to accurately identify the size and location of each piece of land. It must also show the general location of buildings, access, rights-of-way, drains, water mains, rivers, streams or lakes which cross or adjoin the site, topography of the area and any other information needed for the Council to assess the subdivision’s effect upon the environment. Assessment of Effects Accompanying the Resource Consent Application must be an assessment of the effects of the subdivision. The information in the assessment will depend upon the type of subdivision. For a subdivision of a house site in town, a simple statement is all that is needed. For a subdivision in the Coastal Protection Area, a major subdivision in a rural area or one involving a large number of lots, a detailed assessment is needed. This assessment is to identify the potential effects upon the environment. If there are adverse effects, the assessment must state how they will be dealt with to reduce the potential impacts. The types of effects that normally arise with subdivision are: Stormwater/sewage disposal. Loss of trees or bush cover and the erosion of land. Increased motor traffic on roads around the site. 1 Written Approval of Affected Parties There are specific circumstances in which written approvals of affected parties are required as part of an application for subdivision. These are: Iwi and the Historic Places Trust, where the land proposed for subdivision contains an archaeological site as identified in the Maps Section of the District Plan. The Historic Places Trust, where land proposed for subdivision contains a heritage item listed in the District Plan. The Department of Conservation and Iwi, where land proposed for subdivision abuts the coastline. Ngati Ruanui, where subdivision is adjacent to or impacts on Statutory Areas. Transit New Zealand, where subidivison fronts a State Highway. Adjacent landowners and occupiers, where lots of less than 2,000 m² are proposed in the Coastal Protection Area. Council Assessment An application for Resource Consent for subdivision may proceed through the non-notified, limited notified or publicly notified processes. This will depend on the effects on the environment and whether the affected parties’ approvals have been obtained. Conditions The Council may impose conditions on a Resource Consent for subdivision. On most residential subdivisions, the subdivider has to pay a contribution towards providing parks and reserves or set aside a park within the subdivision. If services are needed or have to be upgraded, the subdivider will have to pay for the cost and arrange for the services to be installed. Among the items for which the subdivider might have to pay are: Vehicle entrances and rights-of-way Road widening or reconstruction Sewer and water mains Telephone and electricity wiring Construction of footpaths Installation of stormwater disposal systems The Council may ask for easements and/or esplanade strips to be created and shown on the plans. Survey Plans Once the Council has granted Resource Consent for subdivision, it is valid for five years. Within that time the subdivider may arrange for a registered surveyor to survey the land and prepare a survey plan. This survey plan is submitted to the Council for approval. If conditions were imposed on the consent by the Council, the subdivider will need to demonstrate to the Council that the conditions have been met. Once this is done, the surveyor submits the plan to Land Information New Zealand, who will deposit the plan and notify your solicitor for the legal requisitions to enable new Titles to be issued. When these are complied with, a new Title can be issued, completing the subdivision process. 2