Subdividing Your Property
The process of subdivision is lengthy and involves a number of parties including the applicant, a registered surveyor; the Council, Land Information New Zealand (LINZ), Land Title Office (now part of LINZ) and solicitors. It can also require consultation with affected parties such as Transit NZ (when a site is accessed from a State Highway) and Hawke's Bay Regional Council.
Each party has a specific role in the process and as a general guide the process could take up to six months. This is particularly important to bear in mind so you can plan, for example, for interest rate changes, holding costs and the need for certificates of title to be issued before you might be able to secure mortgages or possibly a sale.
You will need to follow the process below when considering subdiving your land:
You should employ a registered surveyor to undertake a proposed subdivision. The surveyor will assist you to establish:
- whether your land or buildings are suitable for subdivision
- the best type of subdivision to meet your circumstances
- the relevant District Plan rules concerning subdivision
- the consultation required with those parties who may potentially be adversely affected (for example neighbours, service authorities, community groups etc)
- the information that must be submitted with a subdivision consent application
- what other consents may be required
- the type of conditions that could be imposed by Hastings District Council on any consent granted.
These matters are discussed below.
Suitability of land or buildings for subdivision
In some situations, land or buildings may be unsuitable for subdivision. For example, the land may be subject to slippage, erosion, poor conditions for foundations, flooding, or may be close to an earthquake fault line.
Alternatively, to proceed with a subdivision on a site subject to the above may require extensive and additional works. These works can add considerably to the final cost of the subdivision. In some
instances these costs can be recovered by the value of the new allotment created. In other cases they can make the profitability of the subdivision marginal.
Conditions of consent
The Council usually imposes conditions with any subdivision consent granted to avoid, remedy or mitigate any potential adverse effects. For example, if there are earthworks involved in a development, conditions may be imposed about the timing of the works and treatment of the affected areas such as planting to mitigate the potential adverse visual effects.
Conditions are also imposed on subdivided land or buildings to ensure they can function properly - that is, the roads, access or rights-of-way are constructed and all services (including water and drainage) are installed to properly service the new allotments. These works must generally be completed prior to the issue of the title and the sale of the property to a new owner. In addition the Council imposes a development levy for each new household unit or allotment created. With new allotments created there are additional demands placed on existing services or facilities.
The fee contributes to the maintenance and future upgrading of the roading, drainage and water networks.
If a land use consent is also granted, there may be specific conditions associated with that consent. These would also need to be complied with.
Objecting or lodging an appeal to a decision or condition of Consent
If the subdivision and or land use consent application(s) was processed on a non notified basis, the applicant can object to the decision or any condition(s) of the consent.
Where the application was publicly notified, the applicant or any submitter may lodge an appeal to the Environment Court over the decision or condition(s) of the consent.
Compliance with conditions of the subdivision consent and Council approval to the legal survey plan
Once the Council has granted subdivision and/or land use consent and any objections and appeals have been resolved, the surveyor will carry out the land transfer survey. The surveyor will accurately measure the land and place pegs to define the new boundaries. The conditions, discussed above, of the applicable consent also have to be met. This may require various works to be carried out by the applicant.
When the requirements of the conditions have been completed and the surveyor has prepared the land transfer plan, the surveyor will submit the plan to the Council to be approved as being in accordance with the subdivision consent.
This requires two types of certificate to be issued by Council:
1. 223 for approval of the final survey plan; and
2. 224 for approval of all conditions being met. Please note the 224 can be issued in conjunction with the 223 of after.
The Council will inspect the land being subdivided to ensure the various conditions have been satisfactorily complied with. If the Council is satisfied, the survey plan will be certified, then returned to the surveyor.
Lodging legal plans and survey documents with LINZ to gain approval as to survey
The surveyor then lodges the survey plan and various related documents with LINZ for checking.
Once LINZ is satisfied the plan is correct it is “approved as to survey” and passed onto the Land Title Office for the final phase of the process - where certificates of title to the new allotments are issued.
Legal requisition to your solicitor so that certificates of title can be issued
Before certificates of title can be issued for the new allotments, the Land Title Office will require your solicitor to arrange for various legal actions to take place - such as the discharge of mortgages and the preparation of new easement documents that may relate to the new allotments. Once these matters have been completed new certificates of title can then be issued.
There are a few ways you can contact us:
- Email us on firstname.lastname@example.org
- Phone us on 871 5000 to make an appointment with the duty planner
- Call in to the Customer Service Centre, 207 Lyndon Road East, Hastings