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Subdivisions
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.
What is a Freehold
Subdivision?
What is a Cross Lease
subdivision?
What is a Unit Title
Subdivision?
What do I do first?
How long will my
application take?
How long is a
Subdivision Consent valid for?
What is a 223 Certificate?
When
do I have to complete the conditions of my Consent?
When do I receive my Section 224(c) and Certificate of Title?
How much will it cost?
Further Information
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.
What do I do first?
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.
What is a 223 Certificate?
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.
How much will it cost?
The costs associated
with subdivision vary from property to property.
Further Information
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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