Top Property Subdivision Lawyers In Auckland
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When subdivision of property is allowed?
Factors that may influence whether your subdivision would be allowed, include:
the size of your property
the zone your property is in (different zones have different minimum areas for new subdivided lots)
whether there are existing dwellings on the land or if there is an existing land use consent for more dwellings
whether the ground is stable or prone to hazards (e.g. flooding, erosion or contamination) if there are any restrictions on existing titles
whether new stormwater or wastewater drainage is necessary or if existing pipes may need to be upgraded
Recommendations on ownership structures
vehicle access, parking and manoeuvring.
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Types of property subdivision
There are three common types of titles:
Fee simple – the most common form of subdivision. It divides an existing property into two or more sections
Unit title – this gives individual titles to housing units over an existing piece of land. The housing units have a body corporate and the units usually share in the common property such as driveways, gardens, etc.
Cross Lease – previously common, less desirable today. A lease is created over each unit, which is called a "flat". Each flat owner has shared ownership of the property.
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How you will use your subdivided property?
Before starting, you should consider whether you intend to:
subdivide the land (only) to sell
build a new house on the subdivided land to sell
build an additional house on the subdivided land for family use, or as an investment
subdivide a piece of land where houses already exist, or a land use consent has been granted enabling new houses to be built.
Depending on your intentions, in addition to a subdivision consent you may need additional land use resource consents and building consents before you can start your building work.
Accessways and services in your subdivided property
New sites created by subdivision will need to be serviced to make sure:
there is suitable Vehicle access
wastewater and stormwater can be adequately managed
water, telecommunications and power connections can be created.
You should include the costs of installing this infrastructure into your calculations.
Before construction can begin, you may need to apply for engineering approvals.
Subdividing in a single house zone
The purpose of the single house zone is to maintain and enhance the amenity values of established residential neighbourhoods.(Amenity values are the qualities of an area that make people enjoy living there or visiting it.)
Amenity values might be created by things like historical character, special trees, coastal setting or "neighbourhood character".
Single house zone subdivision guidelines:
If you want to create a new lot, under the Auckland Unitary Plan, each site in this zone needs to be a minimum of 600 square metres.
Minor dwellings (which are secondary to a main dwelling on the site, such as a sleepout or cabin) are provided for. If you want to separate the minor dwelling from the main house so it sits on its own site, you will need to meet the required 600 square metres site area, for both the main dwelling and minor dwelling.
Only one house is anticipated on each site.
Check site-specific constraints related to zoning.
Check site-specific constraints (e.g. natural hazards).
Mixed housing urban zone subdivision
This zone has a higher intensity of building, and allows for houses of up to three stories.
If you want to create a new lot, under the Auckland Unitary Plan, each site in this zone needs to be a minimum of 300 square metres.
You should expect that a comprehensive land use consent would be required to determine the specific detail of any higher density development on the site before subdivision would be approved.
Mixed housing suburban zone
This is the most widespread residential zone, and covers many established suburbs and some greenfield areas.
Buildings in this zone are usually one or two storey, mainly stand-alone, and are set back from site boundaries with landscaped gardens.
Mixed housing suburban zone subdivision
If you want to create a new lot, under the Auckland Unitary Plan, each site in this zone needs to be a minimum of 400 square metres, although there are some specific exceptions.
You should expect that a comprehensive land use consent would be required to determine the specific detail of any higher density development on the site before subdivision would be approved.
Subdividing in a terrace housing and apartment buildings zone
Terrace housing and apartment buildings zone
This is a high-intensity zone enabling a greater intensity of development. This zone provides for urban residential living in the form of terrace housing and apartments of between five to seven storeys.
The zone is predominantly located around metropolitan, town and local centres and the public transport network to support the highest levels of intensification.
Terrace housing and apartment buildings zone subdivision
If you want to create a new lot, under the Auckland Unitary Plan, each site in this zone needs to be a minimum of 1200 square metres. You should expect that a comprehensive land use consent would be required to determine the specific detail of any development on the site before any reduced area subdivision could be approved.