Subdivision is the process of dividing land or buildings into individual parcels so that each has a separate title (or Computer Freehold Register). All subdivisions (including boundary adjustments) in Central Hawke's Bay require a resource consent.
Subdivision involves yourself as applicant, and several professionals including, a licensed cadastral surveyor; Land Information New Zealand (LINZ), and your solicitor. You may also be required to consult with others who might be affected by the subdivision such as the Land Transport Agency (State Highways), the local Iwi representative, and the Hawke's Bay Regional Council. You can find a list of the local surveyors under 'Surveyors land' in the yellow pages of your phone book.
Each professional has a specific role in the process and the time taken to complete the subdivision will be dependent on the complexity of the subdivision, the site being subdivided, the physical work required (installation of services and access), and the professionals you have employed.
APPLICATION FOR SUBDIVISION CONSENT
Most applicants employ a licensed cadastral surveyor to manage the subdivision process on their behalf, and for more complex subdivisions it may be necessary to employ a town planner and an engineer as well. The surveyor will provide advice on
- whether your land or buildings are suitable for subdivision
- the best type of subdivision (fee simple, unit title, or cross lease) to meet your circumstances
- the relevant District Plan rules concerning the subdivision of your site
- Who you will have to consult about your proposed subdivision (people who may be affected by the subdivision)
- 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 the Council on any consent granted.
Suitability of land for subdivision:
- Factors that affect the suitability of your land for development include;
- Land stability, slope of the ground, suitability of the ground for building, access and parking for vehicles, potential for flooding, hazards recorded for the site, and the location of services (sewer and stormwater pipes). The District Plan zone may also affect the suitability of the land, and in some cases there is a minimum size for each Lot.
- The requirements for open space, vehicle access and parking, the maximum amount of the site that can be covered by buildings and the setbacks from the boundaries for buildings will affect the size of the Lot that can be created. This should be taken into account when considering the feasibility of your site for subdivision.
The application will have to include a site plan of the proposed subdivision (scheme plan), together with an explanatory report and information on the site as it is now, and what is proposed including services (water, sewer, stormwater, power and telephone,) access, and any earthworks. An assessment of effects on the environment is also required.
APPROVAL OF SUBDIVISION
If your subdivision application is approved, the approval will be subject to a number of conditions. The conditions will refer to any requirements in relation to earthworks that may be involved, the provision of services connections for each lot (water, sewer, stormwater, power, and telephone), formation of vehicle access and provision for parking, any ongoing restrictions on use of the land, and adjustments to any existing buildings that may be required as a result of the location of the new boundaries.
Conditions may also be imposed to ensure that the subdivided land or buildings can function properly, and that easements have been created to protect the location of the services and access rights. Because the creation of new residential sites/allotments places additional demands on existing services and facilities the payment of a financial contribution will also be required. This will contribute to the future upgrading of facilities, and the roading, drainage and water networks.
APPROVAL OF THE LAND TRANSFER PLAN (Survey plan) by the COUNCIL
Once the Council has granted approval for the subdivision and any objections and appeals have been resolved, the surveyor will carry out the land transfer survey and place boundary markers to define the new boundaries.
When the consent conditions have been completed and the land transfer plan has been prepared, the surveyor will submit the plan to the Council for certification.
There are two types of Resource Management Act certificates to be issued by Council:
- Section 223 certification which certifies that the final survey plan is in accordance with the subdivision consent (and the scheme plan),
- Section 224(c) certification which certifies that all of the conditions of subdivision have been completed. The Council will inspect the land being subdivided to ensure the conditions have been satisfactorily completed. If the Council is satisfied, the survey plan will be certified.
APPROVAL and DEPOSIT of the LAND TRANSFER PLAN, and NEW CERTIFICATES OF TITLE by LAND INFORMATION NEW ZEALAND (LINZ)
The surveyor lodges the survey plan and associated documents with LINZ for checking. When LINZ is satisfied the plan is correct it is "approved as to survey".
Before certificates of title can be issued for the new allotments the section 224(c) certificate must be signed and your solicitor will have to arrange for any legal documents such as the discharge of mortgages, the preparation of new easement documents, any land covenants that may be required, and orders for new titles, to be lodged with LINZ. Once these matters have been completed new certificates of title (computer freehold registers) can then be issued.
There is a maximum period of three years from the date of the section 223 certification for all matters in relation to the subdivision to be resolved, the Land Transfer Plan deposited, and the new titles issued.