Subdivision of Land in Auckland

Subdivision Process Auckland


If you are planning a subdivision in Auckland you have come to the right place. Urban Planning Consultants are well placed to help you with all of your subdivision proposals.

 

Subdivision is the process of changing the legal boundaries of existing land, and in most cases, relates to a reduction in an existing land holding to create new lots that can then be on sold. The subdivision process Auckland wide is governed by the Resource Management Act 1991 (RMA) and the Auckland Unitary Plan (AUP) which sets out the rules for subdivision.

 

There are three main avenues for owners or developers who are proposing subdivision Auckland wide:


  • Subdivision around an approved land-use consent/development proposal 
  • Vacant lot subdivision 
  • Unit Title and Cross Lease Conversions



Subdivision Around Buildings


This is the most common type of subdivision in the Auckland region. In this scenario, you will need to submit plans to the Council showing the design of any buildings and activities proposed on a site. The plans will need to include:

 

  • Plan views and elevations of the proposed buildings 
  • Floor plans showing the layout of any activities proposed within the buildings 
  • If parking is proposed on the site, the layout of parking and access 
  • Details of any proposed landscaping, retaining walls and fencing

 

If the proposal (landuse consent) is approved by the Council, a subdivision around this approved concept is allowed. Ideally the subdivision plan should be prepared by a qualified surveyor, and will need to show:

 

  • The footprints of the approved buildings 
  • The proposed lots sizes and shapes proposed around those approved buildings 
  • Boundary lengths and bearings 
  • Lots areas 
  • The location of any easements required, such as to convey an overland flow path or to provide legal right of way access to the nearest legal road.

 

It is important to note that for this type of subdivision in Auckland there are no vacant lot size requirements. Instead, you must prove that the number of buildings you propose can comply with all relevant zone standards following any proposed subdivision. For example, you will need to demonstrate that outlook spaces or required outdoor living space for each residential unit can be accommodated within the proposed lots.

 

This type of subdivision is provided for as a restricted discretionary activity and approval is usually achieved relatively quickly so long as a proper subdivision plan, Assessment of Effects (AEE) and an infrastructure report are submitted with the application.


Vacant Lot Subdivision


Vacant lot subdivision is the other main type of subdivision progressed. In this scenario, no buildings or activities are proposed at the time of the subdivision, with the land subdivided up into smaller vacant lots. For this subdivision type, the plans will need to show:

 

  • The layout proposed, including roads and their width (for larger subdivisions) 
  • The proposed number of lots, their size and shape and overall area
  • Any reserves required by the AUP, for example esplanade reserves will be required if the site is adjacent to a stream or the coast.

 

For vacant lot subdivision Auckland wide, the AUP sets out minimum sizes that must be achieved for the lots based on the zoning of the site. The main zones are outlined in the table below.


Zone Minimum Area
Single House 600m2
Mixed Housing Suburban 400m2
Mixed Housing Urban 300m2
Terrace Housing and Apartment 1200m2
Large Lot 4000m2
Rural and Coastal 2500m2

As the proposed number of buildings and activities to be constructed on the land is not known at the time of subdivision, in this scenario, a geotechnical report will always be required setting out the ground conditions found on the site and whether those ground conditions are suitable for future development.


An infrastructure report, showing extensions to public stormwater, wastewater and water supply networks, will also be required along with the AEE.


Other Subdivision Types

Other common subdivision types in Auckland that are available are unit title subdivision and cross lease conversions.


Unit Title Subdivision

Unit Title subdivision, is a process whereby a building is subdivided into smaller parts or units. Common examples are where an apartment building is constructed and each of the apartments is created as a “unit” that can be sold apart from the remainder of the building.


For unit title subdivisions, the subdivision process Auckland wide includes a plan showing the location of the units, both in plan and elevational view, and also sets out the location of any common areas such as walkways, staircases or areas on the site where all occupants have access, such as parking areas or rubbish collection areas.


Unit Title subdivisions in Auckland are best lodged once a building has actually been constructed, as that way the floor levels of the buildings and respective apartments is known. However, the AUP does allow for a unit title subdivision to be lodged as the same time as a landuse consent.


Due to the technical nature of unit title subdivisions, creation of the plan by a qualified surveyor is absolutely necessary. Once prepared, the application is submitted along with an AEE.


Cross Lease Conversions

Cross lease sites are historical in nature and were in many respects a “way around” the subdivision lot sizes specified in the district plans of the time. As the sites were smaller than allowed by the Council district plans, these subdivisions were not formally approved by the Council. Rather, the Certificate of Title (CT) of the property was changed to have flats e.g. “Flat 1 and Flat 2”. In reality, the CT remained its original size and the Flats were little more than covenant areas allowing two or more parties to share a site. 


These are not a desirable land tenure with many owners not aware that the site remains owned by all occupants and that you will likely need the approval of the other site owners if you wish to undertake site development. You are also obliged to update the CT plan frequently any time that buildings on the site are changed. This also often does not occur resulting in a defective CT which could cause problems when selling a site. 


The AUP provides for the conversion of existing cross lease titles to fee simple as a relatively straight forward subdivision process. The information required is similar to other subdivision types. A subdivision plan will be required showing the footprints of existing development, the proposed lots around those buildings and easement details. 


At times, fee simple conversion can highlight previous illegal works undertaken on such sites, for example excessive paving may have been laid or one owner may have taken up the full building coverage of the site through past additions. It is important to thoroughly survey existing site development and consider this while preparing your application to Council. 


You should also talk to the other cross lease owners as soon as possible as their approval will be required once any application is lodged with Land Information NZ (LINZ) for new titles.


Subdivision costs and the process for subdividing property in Auckland.


If you are doing a standalone subdivision consent in Auckland such as a cross lease, unit title or vacant lot subdivision, the current Council deposit fees for this type of application is $2000 - $4000.

If you are proposing to combine your subdivision with proposed buildings on the site, called a "bundled consent", the Council deposit fee is $9500.

 

Further information on the latest Council fees can be found here.

 

The Council is required to process subdivision applications within 20 working days of lodgement under the RMA, however any time that the application is "on hold" while further information is provided, is subtracted from this overall timeframe. If the application is a bundled consent, the Council will also likely double the processing timeframe to 40 working days.

 

On average, you should expect to receive your land subdivision consent approval within 3 months of lodging it with the Council.

 

Once you have your subdivision consent, this is valid for five years. You must lodge a s223 scheme plan which is the formal survey of the site by a Licensed Cadastral Surveyor showing the final boundary lengths and areas of each site proposed. Following approval of the s223 scheme plan, you then have a further three years to implement the subdivision and the works required by the subdivision consent. These works could include:

 

  • Formation of a new driveway 
  • Installation of stormwater, wastewater and water supply infrastructure
  • Installation of any works required by an associated landuse consent such as fencing or landscaping.


Once you have completed all required works, you need to apply for a s224(c) certificate.

Once the Council has inspected and is happy with the works installed on the site, they will issue the certificate. You can then apply to Land Information New Zealand (LINZ) for issue of the new titles.


Contact Us Today About Subdividing Your Land


Urban Planning Consultants has experience in all areas of the subdivision process in Auckland. 

 

Please contact us via the details below to discuss your next project.




Subdivision: Frequently Asked Questions

Have a question? We’re here to help.

  • How can I determine if my subdivision proposal is compliant with the Resource Management Act (RMA) and Auckland Unitary Plan (AUP)?

    Virtually all subdivision will require a resource consent under the Auckland Unitary Plan.  If you are doing a vacant lot subdivision there are a range of standards that you must meet, such as minimum site size.  If you are planning to subdivide around buildings, then the focus becomes on meeting the relevant zone standards.  We can assist you with understanding these requirements.  

  • What is the role of a Licensed Cadastral Surveyor in the subdivision process in Auckland?

    A Licensed Cadastral Surveyor plays a crucial role in preparing subdivision plans, ensuring accurate boundary measurements, and identifying any required easements.  While not compulsory for a Council resource consent, it is highly recommended that a Licensed Cadastral Surveyor prepares the scheme plan for your proposal.  The surveyor will be required once you reach s223 stage and afterwards as LINZ requirements must be met.

  • What is an "Assessment of Effects (AEE)" in the context of subdivision applications, and when is it required?

    An (AEE) is a report that assesses the potential effects of a subdivision on the environment and neighboring properties.   It sets out the compliance of the proposal with all Unitary Plan standards, and where there are breaches of any standards provides an assessment and justification of why those should be approved by the Council.  These are usually prepared by a planning consultant to ensure a high-quality application is lodged with Council that covers all requirements.  We have expert knowledge of all of the rules in the Auckland Unitary Plan and can ensure that your application is presented in a manner that Council expects.

  • What are the key considerations when proposing a subdivision in Auckland near water bodies like streams or the coast?

    Subdivisions near water bodies often require compliance with specific rules regarding reserves and setbacks to protect the environment.  For example, many subdivisions will be required to provide an esplanade reserve of 20m where a site borders the coastal environment, and this must be shown on the scheme plan.  Following subdivision, the esplanade reserve will vest in Council free of charge.

  • Can I apply for multiple types of subdivision concurrently in Auckland?

    Yes, it is possible to pursue multiple types of subdivision simultaneously.  For example, you may wish to subdivide around approved buildings to create fee simple lots, and then follow this with a unit title subdivision on one of those lots if multi-unit or apartment buildings are proposed.

  • How can I ensure that my subdivision proposal aligns with zoning and land use standards in Auckland?

    Most subdivisions in the Auckland region are “landuse led”.  This means that the buildings and layout of any driveways and other features of the proposal are designed with a focus on the zone and Auckland wide standards that apply. Once that landuse proposal is approved, the focus of the subdivision is ensuring boundaries that align with the approved building footprints and which ensure appropriate legal access and provision of necessary easements, for example relating to stormwater or wastewater supply.

  • What is involved in the subdivision consent application process for an Auckland subdivision project?

    The subdivision consent application process requires working closely with Auckland Council to ensure the project aligns with subdivision rules. You'll need to assess the feasibility of subdividing the land, particularly if it's in a specific residential zone, like the mixed housing suburban zone.  Once the application is lodged, the Council may ask for further information.  Once the Council is satisfied with the response they will process the application including whether the application should be notified or consent granted.  We can ensure that your application is prepared to a high standard and reduce delays relating to Council processing of the application.

  • How long does it usually take to get subdivision consent from Auckland Council for projects in Auckland?

    The time frame for receiving subdivision consent from Auckland Council varies depending on the scale of the subdivision project. A two-lot subdivision or those in simpler zones may receive approval in a few months, while larger projects in Auckland can take longer due to their complexity. Understanding the specific requirements of the zoning of your property and ensuring that a professional prepares your application are key to reducing processing timeframes. 

  • What subdivision rules should I be aware of when subdividing land and applying for consent?

    When subdividing land, key rules include adhering to minimum lot size, infrastructure needs, and specific zoning of your property which set out landuse rules that must be complied with such as building height, setbacks and coverages. Each subdivision consent application must address these rules to ensure the subdivision project meets Auckland Council's expectations.

  • What should I consider when submitting a consent application for a subdivision project that includes new dwellings?

    It's essential to ensure your subdivision project meets the rules and regulations of the relevant residential zone, such as the Auckland's mixed housing urban zone or mixed housing suburban zone. Evaluate subdivision feasibility and whether the project aligns with the minimum lot size requirements will be key if you proposed vacant lot subdivision. The consent application should outline the new dwellings' design and layout, legal access, and address infrastructure requirements.

  • What steps can help ensure a successful Auckland subdivision consent application?

    For a successful subdivision consent application in Auckland, understanding the rules for subdividing land in your zone and following Auckland Council's consent processes are key. Assess the feasibility of subdividing your property, plan for potential engineering issues, and consider development contributions. Working with experienced urban planners can help you navigate the entire process, ensure you meet the rules, and gain approval in much reduced timeframes.