Introduction

The period between receiving resource consent and obtaining new titles is a complex and challenging phase of any residential development. This guide breaks down this process into manageable steps, explaining not just what needs to happen and when, but crucially—why each step must occur in a specific sequence.

To illustrate this process, we created a flow chart that provides a visual roadmap of the key milestones and dependencies involved in taking a development from consent to title. You can download it here. It shows the critical path from consent to title and introduces both sequential requirements and parallel processing opportunities, which are further explained in the guide.

Using a recently completed development in Avondale where we served as the civil engineers and surveyors, we will explain how we saved six weeks in the subdivision completion process.

Understanding Your Resource Consent

Resource consents for residential development and subdivision proposals will usually comprise at least two separate decisions:

• Land use
• Subdivision

In some instances, there may be several other decisions depending on what the consenting triggers for the development are.

Both the land use and subdivision decisions contain numerous conditions that must be satisfied at different stages of your development. Understanding these conditions (their timing, relationships, and implications) is crucial for efficient project planning and, most importantly, for understanding when titles can be issued. Some conditions must be met before you can start work, others during construction, and some before the final subdivision certification process can be closed out. Missing or misunderstanding these requirements can cause significant delays in completing your subdivision.

Types of Consent Conditions

Pre-Construction Conditions

These are requirements that must be met before any physical work can begin on site.

Of relevance to the subdivision process, the advice notes under Condition 1 of the subdivision decision typically confirm that an Engineering Plan Approval (EPA) is required if the development involves public infrastructure (drainage) and / or shared access (common accessways). The EPA requires detailed design drawings for infrastructure, technical specifications, and calculations.

Your engineer should have already submitted the EPA before the resource consent is granted or be ready to submit the moment it is granted.

During Construction Conditions

These are ongoing requirements that must be followed throughout the entire construction process to ensure the development maintains compliance and minimises impact on the surrounding area. For most of these conditions, adherence will be the responsibility of the contractor.

Section 223 Conditions

These requirements relate to the survey plan approval process, which must be completed before Auckland Council will certify the subdivision plan. This step focuses on the technical and legal aspects of creating new titles, most notably, the survey plan (Land Transfer Plan) preparation.

Section 224(c) Compliance Conditions

This is a critical phase that verifies all physical works and documentation requirements have been completed before titles can be issued. It represents the final Auckland Council hurdle in the subdivision process.

Understanding Your EPA

While resource consent establishes what you can build, the EPA is the approval of technical documentation that details exactly how you will construct the infrastructure. The EPA process specifically focuses on the design and construction standards for public infrastructure and shared access that will eventually be vested with Auckland Council or other asset owners.

EPAs are highly technical documents that contain detailed engineering specifications, construction requirements, and quality assurance conditions. These requirements cover everything from pipe materials and manhole specifications to pavement designs and testing procedures. Each condition is designed to ensure the infrastructure being built meets the standards required by the eventual asset owner, whether that’s Auckland Council, Watercare, Veolia, or Auckland Transport.

Conditions

EPA conditions are highly technical requirements that specify exactly how infrastructure must be constructed to meet asset owner standards.

Conditions cover everything from material specifications and installation methodologies to testing requirements and documentation procedures. Unlike resource consent conditions which focus on effects, EPA conditions are prescriptive engineering requirements that ensure infrastructure will function correctly and be maintainable long-term.

The conditions are structured to guide construction sequencing and establish clear quality control checkpoints. Every condition exists to protect the interests of the future asset owner who will be responsible for maintaining this infrastructure in perpetuity.

Most EPA conditions fall into three main categories: pre-construction requirements, construction specifications, and completion documentation:

• Pre-construction requirements typically involve meetings with Auckland Council engineers, approval of specific methodologies, and confirmation of contractor qualifications.
• Construction specifications detail exactly how infrastructure must be built, including materials, installation techniques, and critical quality control tests.
• Completion documentation outlines all the evidence needed to prove the infrastructure has been built correctly, from asbuilt surveys to CCTV inspections of pipes.

While conditions can seem overwhelming at first glance, they follow a logical progression that aligns with construction sequencing. The key is understanding which conditions apply at each stage of construction and planning accordingly. Some conditions must be satisfied before work can start, others during specific construction activities, and some only come into play during the final documentation phase. Missing or misunderstanding these requirements, especially early in the process, can lead to significant rework or complicate the final asset handover process.

Relationship to Subdivision Process

The Engineering Approval Completion Certificate (EACC) is the critical link between completing your infrastructure and obtaining new titles through the subdivision process. This certificate, issued by Auckland Council’s development engineering team, confirms that all infrastructure has been constructed in accordance with the EPA and meets the standards required by the asset owners. The EACC must be submitted as part of your section 224(c) application to prove compliance with the engineering conditions of your subdivision consent. Without this certificate, Auckland Council cannot be satisfied that the infrastructure serving your new lots is adequate, and therefore cannot issue the section 224(c) certificate needed for new titles. A well-managed EPA process that anticipates this requirement will maintain proper documentation throughout construction rather than scrambling to collate evidence at the end.

The timeframe to obtain an EACC after completing construction can significantly impact your project timeline if not properly managed. Each asset owner (Auckland Council for stormwater, Watercare / Veolia for water and wastewater, Auckland Transport for roading) must accept the infrastructure before the EACC can be issued. This acceptance process requires submission of specific documentation including asbuilt plans, CCTV inspections of pipes, test results, and producer statements. The development engineer will only issue the EACC once they have evidence that each asset owner is satisfied with both the physical works and the supporting documentation. If any asset owner requires remedial work or additional documentation, this can delay both the EACC and ultimately the issue of new titles.

Compliance Requirements

The most common questions we get relate to what documentation and data is needed during the compliance process. Below is a summary of what is needed for each compliance requirement.

Wastewater: Watercare / Veolia Certificate of Acceptance (CoA) Documentation

• Surveyor certified asbuilt plans.
• Contractor certification (CS3).
• Engineer certification (CS4).
• CCTV inspection reports and logs.
• Material testing certificates.
• Pressure test results.

Stormwater / Roading: Auckland Council EACC Documentation

• Surveyor certified asbuilt plans.
• Engineer certification (SCEA).
• CCTV inspection reports.
• Auckland Transport A9 Form (for works in road reserve).
• Watercare / Veolia CoA.
• Compaction test results.
• Construction photographs.

Note: The Watercare CoA must be obtained before the EACC can be issued. Requirements may vary by location—your civil engineer can provide specific guidance for your area.

Utility Provider Documentation

Power Supply

• ‘Vector Completion Certificate’ needs to be obtained from Vector once power infrastructure works are completed.

Telecommunications

• Land Transfer Plan required for Chorus to provide certification; they will provide a ‘Chorus Clearance Letter’ to be used for section 224(c) compliance.

Water Connections

• Watercare certificates for new meters and proof of old meter (by way of old water bill).
• Watercare will provide a ‘Certificate of Connection’ (CoC) for the new meters installed.

Vehicle Crossing Certification

• Application, inspection, and Certification done though Auckland Transport.
• ‘Auckland Transport Certificate of Completion’ issued post final inspection, which is needed for the section 224(c) application.
• A critical consideration often overlooked is the berm reinstatement following vehicle crossing works. While initial reinstatement includes removing redundant crossings, topsoiling disturbed areas, and establishing grass coverage, this standard must be maintained until section 224(c) approval is obtained. As council reassesses berm condition during the final section 224(c) inspection, any deterioration in the interim may require additional remedial work and delay title issuance.

Strategic Process Management

While development completion involves many sequential steps, significant time savings can be achieved through strategic planning and parallel processing. This section explains how to optimise your development timeline while maintaining compliance and quality.

Contractor Selection

The selection of an appropriate contractor is critical to the efficient completion of your development. While price is often a primary consideration, the contractor’s understanding of compliance requirements and ability to maintain quality standards can significantly impact the overall timeline and cost of your project.

Key considerations when selecting a contractor should include:

• Experience with similar developments and understanding of council processes.
• Track record of quality workmanship and compliance documentation.
• Demonstrated ability to coordinate with civil engineers.
• History of proactive communication and progress reporting.
• Understanding of as-built survey requirements and timing.

Poor contractor performance can manifest in several ways that directly impact the titling process:

• Inadequate documentation of construction stages.
• Quality issues requiring remedial work.
• Delays in coordinating compliance inspections.
• Poor communication leading to missed certification requirements.
• Insufficient coordination with the civil engineer for asbuilt surveys.

For optimal results, the civil engineer should be consulted during contractor selection. Their experience working with different contractors on similar projects can provide valuable insight into which contractors consistently deliver compliant work with minimal supervision and maintain effective communication throughout the project.

Critical Process Dependencies

Sequential Requirements

• Resource consent must be granted before EPA can be approved.
• EPA must be approved before pre-construction meetings can be booked.
• Pre-construction meetings must be held before physical works can commence.
• Section 223 must be applied for before 224c can be applied for.
• Section 223 must be approved before section 224(c) certification can be issued.
• Asbuilt documentation must be accepted before engineering completion.
• EACC must be approved before section 224(c) certification can be issued.

Flexible Components

• Utility provider applications can be lodged early.
• Survey plan preparation can begin during construction.
• Consent notice drafting can progress while works are ongoing.
• Documentation can be prepared progressively.

Strategic Processing Opportunities

EPA

During the resource consent process, there will be a point (typically before the consent is granted) where your planner and engineer will have high certainty about the engineering design outcome. At this stage, your engineer can begin finalising the EPA documentation in preparation for receiving draft conditions. While there is some risk in proceeding with EPA before resource consent approval, if the outcome is predictable, submitting EPA early can save valuable time. The delay between knowing the likely resource consent outcome and receiving the official decision can be significant, so taking advantage of this period can improve overall project efficiency.

Section 223

The section 223 certification process can run parallel with construction, which can save time in the overall development timeline. It is advisable to submit your section 223 application while physical works are ongoing, as the survey plan approval process is independent of construction completion. Your licensed cadastral surveyor will be able to advise the optimal time to prepare and submit the section 223 application.

Section 224(c)

Documentation should be prepared progressively as each component is completed. Waiting until all physical works are finished before starting documentation collection can cause significant delays. Maintain a detailed checklist and gather evidence as work progresses. Lodgement of the section 224(c) should be done as soon as possible and lodgement when the only outstanding item is the EACC can help save on processing times.

Implementation Example: Avondale Development

Timeline Summary

May 2024

• Civil construction 80% completed.
• Section 223 application submitted.
• Engineering compliance documentation 75% completed.
• Vector completion certificate obtained.

June 2024

• Civil construction completed.
• As-built documentation finalised.
• Engineering compliance documentation completed.
• Watercare Certificate of Acceptance submitted.
• Auckland Council Engineering Approval Completion Certificate submitted.
• Chorus clearance obtained.
• Section 224(c) application submitted.

July 2024

• Watercare Certificate of Acceptance issued.
• Auckland Transport Certificate of Completion issued.
• Auckland Council Engineering Approval Completion Certificate issued .
• Section 224(c) certificate issued.
• Title process initiated.

August 2024

• Titles issued.

Key Time Savings

• One week saved through early utility applications.
• Three Weeks saved by simultaneous lodgement of CoA and EACC.
• Two weeks saved through early section 224(c) application lodgement.
• Overall subdivision program shortened by six weeks.

Conclusion

The path from resource consent to title requires careful navigation of interconnected processes, each with their own technical requirements and compliance standards. While Auckland Council frameworks aim to provide clear guidance, interpretations of conditions can vary between different Auckland Council departments and even between individual officers, making it essential to maintain detailed documentation and open communication channels throughout the process. Building strong relationships with key stakeholders, particularly development engineers and asset owners, helps navigate these inconsistencies and can facilitate more efficient resolution of technical queries.

Strategic process management becomes particularly valuable given the often-lengthy timeframes associated with Auckland Council reviews and approvals. By identifying which processes can run in parallel and maintaining comprehensive documentation from the outset, developers can significantly reduce the overall time to title. The Avondale development demonstrated how proactive management and early engagement with Auckland Council departments saved over six weeks, despite facing the typical challenges of coordinating multiple asset owner requirements and managing overlapping approval processes.

Success in this complex environment ultimately depends on having experienced professionals who understand both the technical requirements and the practical realities of working with Auckland Council processes. A systematic approach to documentation, combined with strategic timing of applications and a thorough understanding of process dependencies, can help navigate the path to title efficiently while maintaining high quality standards.