Subdividing your property
The process of subdivision is lengthy and involves a number of parties including the applicant, a licenced cadastral surveyor; the Council, Land Information New Zealand (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 a certificate 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:
Licensed Cadastral surveyor
You should employ a licensed cadastral surveyor to undertake the subdivision of your property. 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.
- The likely total cost to complete a subdivision
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.
In these situations extensive investigation and site works may be required to make the site suitable for subdivision. This type of work 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.
We recommend that the first step you take is to consult with a professional
Conditions of consent
The Council usually imposes conditions on any subdivision consent granted. These conditions are to avoid, remedy or mitigate any potential adverse effects on your site, the surrounding properties, and the wider environment. For example, if there are earthworks involved in a development, conditions may be imposed about the timing of the works, control of stormwater and sediment, and stabilisation of the affected areas such as planting, to mitigate the potential adverse effects.
Conditions are also imposed on subdivided land or buildings to ensure they can function properly. There will normally be requirements for access and the way this is constructed, and that all services (including water, sewage, and stormwater) are installed for the new allotments. The works required by these conditions must be completed prior to the issue of the title and the sale of the property to a new owner. In addition the Council requires a development contribution for each new household unit or allotment created. The fee contributes to the upgrading of the roads, drainage and water networks to accommodate the new properties created by the subdivison.
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 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 Land Transfer plan (survey plan)
Once the Council has granted subdivision 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, of consent also have to be completed. This may require you to arrange for various work to be completed on the site/s.
When 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 certified as being in accordance with the subdivision consent.
This requires two types of certificate to be issued by Council:
- 223 for approval of the final land transfer plan; and
- 224(c) for certification that all the conditions of consent have been completed. Please note the 224(c) certificate 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 completed. If the Council is satisfied, the certificates will be issued and the surveyor notified.
Lodging land transfer plans and survey documents with Land Information New Zealand (LINZ) to gain approval as to survey
The surveyor 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”.
Legal requisition to your solicitor so that a certificate of title can be issued
Before a certificate of title can be issued for the new allotments, LINZ 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, and ordering the new certificates of title. Once these matters have been completed, new certificates of title will be issued.
There are a few ways you can contact the council by phone or email or call us to make an appointment with the Duty Planner.