SUBDIVISION & LAND DEVELOPMENT
If you are thinking about subdividing your land, but are not sure about the initial steps, Waller Projects can make it easy for you.
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We have outlined the steps needed to subdivide property below. When you engage Waller Projects for your property subdivision and new home build we take all the stress out of the subdivision process by dealing with the council for you. Waller Projects have in-depth knowledge, and the ability to deal with consenting and local authority issues alongside the practical execution of the works.
Can the land/property be subdivided?
The first step is to talk to a Licensed Cadastral Surveyor about whether your property can be subdivided. Ensure your land or property is not restricted from subdivision by any laws or regulations. Discuss all the details like the cost of complete subdivision and the amount of work required.
To identify whether the land is free from any restrictions, you need to contact a lawyer. You also need to get tax advice, ownership structure, and know the proposed sale of the land after subdivision. The tax rules are complex and vary per circumstance. Meeting an accountant would avoid difficulties later. To make things stress-free for you, we will guide and help you in finding out these details.
Once you have received the required details, and you have made your mind to proceed with the process of subdivision, consent from the council is required. After looking into the details, the council can decline or approve your subdivision application.
The council will impose certain conditions on your subdivision so that it won’t affect the environment and other nearby or future landowners. The council also ensures your subdivided land or property is sound from the engineering perspective.
Follow the Consent Conditions During Subdivision
After getting approval from the council, you need to comply with all the conditions imposed by the council. These conditions can include constructing roads or installing essential services like water, electricity, and sewage.
Once the surveyor is ready with the survey plan, dimensions, and the final areas of the subdivision, your lawyer can proceed with the documentation of new titles. This documentation includes all from the drafting of consent notices to bonds, covenants, easements, and mortgage consents.
Submission Of the Survey Plan
After receiving the approval of a subdivision, you have five years to get your survey plan approved by the council. This is mandatory under the 223 section of the 1991 Resource Management Act. The council will issue section 223 and 224 certificates after approving your survey plan. The section 224 certificate is required for assurance that all the subdivision consent conditions are fulfilled.
Once you have the approval and received the certificates, you have three years to deposit the survey plan with New Zealand Land Information.
The New Zealand Land Information will issue the new titles when your surveyor lodges the survey plan and the lawyer submits legal documents. This process proceeds only after you receive section 223 and 224 certificates.
If you are considering the subdivision of your property, it is necessary to discuss it with a lawyer, surveyor, and accountant. They will guide and fulfill the necessary legalities and documentation.
As the process is complex and involves lots of documentation at every stage, Waller Projects have the relevant experience, and we can advise you or handle this process for you.
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Are you considering subdividing your land?
Contact us anytime for further discussion.