What do I need to do to subdivide my land?
Legal Obligations & Planning
What do I need to do to subdivide my land?
Friday, 20 June 2008


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How do I subdivide my land?

Subdividing comes with challenges – consult a professional before you begin.
Subdividing comes with challenges – consult a professional before you begin.
First you need to establish a few facts: Location eg: area and road name. Zone – is it residential, rural residential, commercial, industrial, coastal, Maori purpose. Size.

A good place to start is your local council – if they don’t have the information you need, chances are pretty high they know where to get it.  

The zone statement for each individual zone states the rules with regard to permitted, controlled, discretionary, non-complying and prohibited activities.

What is a permitted activity? 

A permitted activity is somthing you can do on your property without any special permission.

What is a controlled activity?

With controlled activity an application is necessary to enable appropriate conditions to be imposed.

What is a discretionary activity?

Council has the discretion as to whether or not it should be allowed and each case is considered on its own merits.

What is a non-complying activity?

An activity that may not be provided for in the rules, If it is not in conflict with relevant objectives and policies it may be permitted. Each case is considered on its own merits.

How small can I subdivide my land?

It depends on  your zone and whether you are in an area with a public sewerage system.

For example to subdivide a residential piece of land in Dargaville that is sewered – no less than 300 m², the applicant must also be aware that they need enough space on the proposed section to build within the yard requirements.

How close can I build to my boundary?

It differs depending on the zoning of the property, the two most common ones are rural and residential.

Residential

– Front yard 5 metres

– Side yards one of 1.5 metres and one of 3 metres

– Rear yard 3 metres except on rear sites where one of 1.5 may be provided

Rural

– Road boundary 10 metres

– Side boundary 3 metres

– Height to boundary requirements

How many dwellings can I build in a residential zone?

One only as of right – any more is considered a discretionary activity.

How many dwellings can I build as of right in a rural zone?

Generally speaking in the Northern regions, two dwellings, if the property is bigger than 4 hectares; one if it is less than 4 hectares. It is possible to obtain consent for more than this as a discretionary activity.

Handy Hints for Intending Subdividers

If you are intending to subdivide land, talk to  a Registered Surveyor – they can help you to prepare your application and even submit it on your behalf. Before you see the Surveyor there are several things you can do:

1. Obtain a copy of the titles relating to the affected land and don’t forget there may be more than one. The title should be held by either your bank or your solicitor.

2. If you have an aerial photograph of the property, it would be helpful when explaining your proposal to the Surveyor. Check to see if it is worth you obtaining one.

3. Have a clear idea in your mind as to what you want to do before you sit down with the Surveyor, but be prepared to listen to any suggestions they may have as well.

4. Before the Surveyor comes out to the propertlocate as many existing survey pegs as possible.

5. Choose a surveyor who is familiar with your local  district plan – it will save them time and you money if they don’t have spend hours familiarising themselves with what is permitted and acceptable in your district.

6. If the property has been recently subdivided – check the title. The surveyor who carried out the work will have his name on the bottom of the title. To further subdivide, a lot of the ground work will have already been done and less costly for the new applicant to use the same surveyor.

7. Your surveyor will be able to give you a realistic total cost of your proposal – with regard to all fees applicable ie surveyor, council, engineer, solicitor and the Land Transfer Office.