A subdivision is the creation of additional titles or the shifting of an existing legal boundary.
The subdivision process is generally completed in four main stages. Our experienced and multi disciplined team will navigate you through the entire subdivision process, making a complicated process seamless.
The four main stages include:
Planning is the resource consent planning stage where a resource consent (subdivision consent) application is prepared and submitted with the local Council for approval. As part of this stage, a planning report, preliminary subdivision scheme plans, and engineering plans are provided for assessment against the relevant District Plan provisions. A granted resource consent will include a number of conditions that need to be satisfied prior the to subdivision being completed.
Engineering of a subdivision usually encompasses finalised engineering design plans (EPA) and supervision of the construction onsite. All new lots will generally require new power and telephone connections, separate Sewer and Stormwater connections and appropriate vehicular access.
Legal survey of a subdivision involves the pegging of the new boundaries and creation of the new Land Transfer survey plan. This plan will eventually be attached to the new record of titles at the completion of the subdivision. The new land transfer (LT) plan illustrates the exact extents of the new boundaries, final areas, easements and covenants (if applicable). The Land Transfer Plan will need to be submitted to Council for approval under Section 223 of the RMA 1991 and also with Land Information New Zealand .
s224c Completion is the final stage of the subdivision and requires all conditions of the resource consent (Stage 1) to have been completed and signed off. A formal application is made to Council under Section 224c of the RMA, this certification is Councils final approval for the subdivision. Upon receipt of the s224c certificate, your solicitor can then apply for new titles to be registered at Land Information New Zealand.
The team at Tripp Andrews have vast experience in all forms of subdivision and proudly hold the record as one of the country’s leading subdivision facilitators with LINZ, Get in touch today to discuss what the best option is for you.
Following the introduction of recent District plan canges in both Auckland and the Waikato, there has been a rapid acceleration of higher density living such as Multi-unit residential town houses, terraced houses and apartments.
Within Auckland, this form of intensive development is now commonly found throughout the Mixed Housing Suburban and Urban residential zones. A typical quarter acre sized section can be developed into multiple new houses, with the aim of increasing housing choice and affordability.
Tripp Andrews are experts in this form of subdivision and have numerous developer clients that have entrusted us to play a key role in the process. This usually starts with an initial feasibility assessment of a particular residential section, mainly looking at the existing public services, flooding issues and any planning infringements from the proposed new houses. We work closely with an architect and other specialists to prepare preliminary multi-unit house design plans which need to be submitted with Council as part of the resource consent approval stage.
Having a centralized team of experts such as Tripp Andrews creates the best experience possible for our clients. We are well aware of the financial risks associated with this form of subdivision and take particular care with completing everything as accurately and efficiently so that new titles can be released on time and property transactions settled.
The introduction of the Medium Density Residential Standards (MDRS) by central government seeks to take this development intensity further with potentially even greater options for your property.
Tripp Andrews have the appropriate resources and expertise to complete medium to large Greenfield Subdivisions throughout Auckland and the Waikato. We have recently completed the planning, civil engineering design and supervision and legal surveying on some very exciting and complex projects. Working in conjunction with other trusted partners, we were able to deliver efficient and reliable service that enabled the project’s success.
Most property titles are either cross lease or fee simple titles. With a cross lease title, an owner has undivided shares in the whole underlying title area with leases and restrictions associated with the building shown on the title plan, this can cause headaches and even disputes with neighbours.
Converting cross lease titles to freehold gives the property owner exclusive use rights and enjoyment of their land without the hassle of consulting with neighbours. Usually, a conversion can be a straightforward process and can increase the value of your property by 7-18% according to the Property Institute of New Zealand.
The team at Tripp Andrews can complete the entire process for you, all you need to do is arrange your solicitor to complete the legal documentation and registration of the new titles. In most cases, we can update a cross lease title to freehold in under $15,000.00 plus GST, per individual title.
A Unit Title Development is usually an office or apartment block consisting of different areas defined as:
For a Unit Title Development, you will need a surveyor to define the spaces into separate units and illustrate the spatial relationship on a survey plan. The new proposed Unit Title plan is then submitted to Council for approval, as part of a formal resource consent application. Tripp Andrews has proven expertise with Unit Title Developments and sound knowledge of the relevant legislation (Unit Titles Act 2010) guiding this form of subdivision.
A Stratum Subdivision is carried out like a Unit Title, however each area will have its own individual freehold title created between Reduced Levels. There are no body corporate documents associated with a Stratum Subdivision.
Shifting a common boundary between multiple properties is allowed for by the Council but it is still classified as a subdivision. A resource consent application with scheme plan will be submitted and assessed by Council for approval. Once approved, new boundary pegs can then be placed and a new land transfer survey plan prepared and submitted to Land Information New Zealand (LINZ) for approval for new titles. Engineering works are generally not required with boundary changes and are often straight forward to complete.
Subdivision of Rural properties usually requires supplementary rules to be used, generally these include the common boundary adjustment provisions, Wetland Restoration / Enhancement, Indigenous Vegetation and Native Revegetation or Transferable Development Right Subdivision. Creating another title “as of right” can be more challenging in the rural zone but is allowed for in certain areas, particularly the Waikato region.
In the Waikato District, the overall size and age of your existing title will largely dictate whether there is potential for additional titles to be created. We have completed numerous subdivisions throughout the Waikato region, where farmers look to free up capital and cut off an existing farm house or an unproductive paddock. We have also facilitated numerous changes in landuse on large rural blocks, mainly pine tree block conversions.
The Auckland and Waikato Districts allow for different ways to subdivide within the Countryside Living zone and there are also additional building options based on the size of the property.
Transferable Development Rights (TDR) is also a popular subdivision mechanism where existing development rights attributed to a rural property are transferred to certain Countryside Living Zoned properties to allow subdivision beyond what is typically allowed for.
Transferable Rural Lot Rights is a popular subdivision mechanism where existing development rights or titles attributed to a particular rural property are transferred to another property in the district to allow a subdivision to occur, usually in an area where development would not normally be permitted.
Tripp Andrews is one of Auckland’s leading facilitator for this form of subdivision and can assist with the entire transfer process for both the ‘donor’ lot party and the ‘receiving’ lot party. If your property is in the Auckland countryside ‘living zone’ or in the Waikato ‘rural zone’ then a Transferable Development Right (TDR) subdivision could be an option for you.
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