Subdivide sooner, is that even possible?
Maybe not, but we know when things need to get done, so that you are not waiting on your solicitor once everything else is done. We work towards being able to fast track every subdivision. When is the right time to engage us, well right from the start so we can be ready to get the legal side of your development completed on time.
Want to know more? Read our subdivision timeline and FAQ’s below.
Need a quote so you can factor in your legal costs to your development get your instant subdivision quote.
What is a Subdivision?
A subdivision is where you divide a parcel of land ( known as an allotment / lot) into one or more parcels; or where you change the legal boundary between two parcels/ lots. Subdivisions can range from small two lot subdivisions to large scale developments.
Why would you want to subdivide? People have many reasons for wanting to subdivide, but often dividing up parcels of land allows for separate parts to be sold, and usually for more than the original purchase cost.
See our timeline below for the subdivision process.
Contact your solicitor to confirm no title issues to subdivide property ( i.e. restrictions on your title which might prevent subdivision).
Contact surveyor to confirm whether the property is suitable for subdivision and check if subdivision is permissible under the District Plan.
If the subdivision is feasible your surveyor will prepare a scheme plan and application for resource consent and submit to the local council
On receipt of an application from your surveyor the Council will determine which process for approval to follow (i.e. non notified or publicly notified) and accepts application.
Council will assess the application, and will raise any questions with your surveyor, including any other conditions it proposes
Council will then issue its decision i.e. whether your can subdivide and what conditions are attached to it.
Once the resource consent has been obtained this is a good time to send a copy to your solicitor so they can begin preparation of the legal documentation.
Surveyor/ engineer prepare project plan for completing works if necessary ( i.e. roading, installation of services) and arranges for the work to be completed
Surveyor surveys the site and prepares the survey plan (10 – 20 working days). Copy sent to the solicitor to assist in the legal documentation).
On completion of the work ( and any consent conditions an application is made to Council requesting certification by council (s223 and s224 Certificates) that all conditions have been met and the survey plan is inline with the resource consent
Once Council has signed the s223 and s224 certificates your solicitor will be in a position to submit an application to the land registrar for issue of new titles ( provided they have their documentation ready)
The land register must approve the survey plan, this can be completed in conjuction with your solicitor submitting an application for titles ( fast track) or can be completed prior
Frequently Asked Questions
I want to Subdivide Where do I start?
The first step is to get an idea of whether you can subdivide or not, this will depend on the district plan and zoning of your property. We suggest discussing with a local surveyor to confirm the planning requirements i.e. minimum lot size in your area.
Its also a good idea to get in touch with us, so we can review your title and confirm whether there are any restrictions on your title which may limit subdivision activity i.e. a land covenant with neighbors which prevents a further subdivision of the property.
I have resource consent and my survey completed what next?
While it is good to be involved in the process from the start, if its a simple subdivision often you can get your survey plan all signed off and ready to be deposited without discussing with a lawyer.
The final step in the process is for us to apply to the land register for titles for your new subdivided allotments. If you are at this stage give us a call and we can help to complete this final stage.
I don’t know any surveyors can you recommend?
Absolutely we have worked with surveyors all over the country and can recommend a number who are great to work with.
Will my rates increase if i subdivide?
Short answer yes! Your local council will set individual rates on each new lot created. There are a number of set general charges so you will get a duplication of these.
However new rates are set 1 July in any year, if titles were issued in August then new rates wouldn’t be set for the new lots until 1 July in the following year.
If you have a large subdivision and only a few pre-sales you can also consider only issue titles for those lots you have pre-sold. Once the subdivision is done and the survey plan deposited its a simple process to issue titles for lots which you have held together in one title.
Have other questions, give us a call!