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The subdivision of your property requires a Resource consent under the Council’s District Plan, as subdivision is recognised under Section 11 of the Resource Management Act as an activity/process distinct from a land use activity. You should contact the Council at the start of your subdivision process to find out about any District Plan rules that may apply to your property and to determine the type of application and information that will be required. Papakura District Council has produced a series of documents about the new Development Code.The Development Code includes engineering guides, requirements and standards for subdivisions and development within the Papakura District.The Development Code document and further information is available here.What is a Freehold Subdivision? What is a Cross Lease subdivision? What is a Unit Title Subdivision? How long will my application take? How long is a Subdivision Consent valid for? When do I have to complete the conditions of my Consent? When do I receive my Section 224(c) and Certificate of Title? An Information Brochure: A Guide to Subdivisions in Papakura is available here. What is a Freehold Subdivision? A Freehold subdivision is the most common type of subdivision and is one where each site is independent from other sites, has legal frontage to a road and its own title. What is a Cross-Lease Subdivision? A Cross-lease subdivision is one where sites are “owned in common”, with buildings leased back to individual property owners. The land adjoining each unit (or flat) may be reserved for the use of a particular unit (by means of a covenant), or may be shown as a common area for use by all owners. What is a Unit Title Subdivision? A Unit Tile subdivision is one where buildings or parts of buildings and/or parts of the site, have individual unit titles, while the remainder of the site is owned in common. There is a body corporate to maintain the common land or buildings, and to arrange replacement insurance. This type of subdivision is often used for medium density housing developments or industrial developments. After you’ve met with Council planners, you should employ a representative (generally a registered surveyor) to advise you on how to subdivide your property and to draw up a proposed subdivision (scheme plan). This plan and accompanying report are submitted to the Council as part of your application for subdivision consent. The Council then determines whether your application needs to be publicly notified, giving the public an opportunity to make submissions on the proposed subdivision. As well as subdivision consent, you may also need to apply for a Resource (land use) Consent, which is required for things like vegetation removal, earthworks etc. Council staff will advise you of any further requirements such as geotechnical reports or flood plain assessments. How long will my application take? If all the information is provided, approximately 20 working days are required to process your application. How long is a Subdivision Consent valid for? A subdivision consent is valid for three years and is granted subject to certain conditions which may include a Reserves Contribution, other financial contributions, specific engineering conditions and/or hazard avoidance/mitigation measures. The section 223 Certificate certifies that the plan of the subdivision is approved by Council. Once subdivision consent is granted, you have three years to have the section 223 certificate on the survey plan signed by Council. The survey plan, which must be legally prepared by a Registered Surveyor, finalises the area and dimensions of the proposed lots. When do I have to complete the conditions of my consent? You have three years from the date of section 223 certification to get the survey plan deposited by the District Land Registrar, otherwise the subdivision lapses. During this three year period, you need to complete the conditions of subdivision consent. When do I receive a Section 224(c) Certificate and Issue of Title? Once you have complied with (or bonded for) all the conditions of your subdivision consent, your consultant may request that Council issue the Section 224(c) Certificate, certifying that all conditions have been met to Council’s satisfaction. Once all other legal matters have been attended to such as consent notices, easements, mortgagee’s consents, etc., your solicitor will send the Section 224(c) Certificate and other documentation to the District Land Registrar. If complete, the survey plan is deposited and the titles are issued for the subdivided lots. Your subdivision is now complete. The costs associated with subdivision vary from property to property. For further information, please contact the Regulatory Services Unit at Papakura District Council on 295 1300, or visit the Council offices at 35 Coles Crescent, Papakura between the hours of 8.00am to 5.00pm Monday to Friday.
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