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Subdivision of Land Affecting a Building

 
 
This page contains information about what steps are required if an owner subdivides land or a building which affects part or the whole of a building. This should be considered with District Plan rules as well and also connections to services requirements.
Updated: 15/10/2018 12:02 p.m.
 

Building Consent Applications where Subdivision of Land is being considered.

When we receive an application for a building consent, a customer must supply a current certificate of title. This identifies the land, owners and other related information.

This will still be required even if there is a pending or already applied for sub division consent application under the Resource Management Act 1991.

Resource Management Act 1991

Our strong advice, to prevent future issues through consenting that these scenarios may present is complete your subdivision consenting process and obtain your “224c” certificate prior to applying for a building consent.

However, we do understand the process can be staggered and be undertaken with various applications pending and may be seen as beneficial for your development.

If subdivision of land is a feature of your building application, please make an appointment to discuss with both a duty planning and building officer, combined, to ensure that you get good advice before starting the process.

There are some considerations required when sub dividing land and seeking building consent.

The different legislation involved recognises different timeframes and requirements that cross over from the Resource Management Act 1991 and Building Act 2004.

To provide guidance and consistency we must understand the limitations and apply the law as it stands.

As part of your original or pending sub division application there will be plans/pipe line layouts of where reticulated services are to be placed. These must obviously be followed through in subsequent applications and works.

If there are changes to these we will require new subdivision plans and approval from council engineers prior to continuation of the sub division approval and then building consent application.

Complications and delays can result where changes to services are made, for whatever reason, that are; not completed, not fit for purpose and yet building consent is still sought without an approved “as built” plan.

Under Council’s Wastewater Bylaw, connection to reticulation services is required to have both approval of the design and construction to be in place before applying for building consent.

Scenario one

An application for building consent is presented where a subdivision of land under the Resource Management Act 1991 is in progress. The subdivision has been approved with a notice of decision, however the 223 (approved plan) has not been approved.

Required action 

If reticulated systems are proposed as part of the Subdivision Development, an approved "As Built" must be presented with the Building Consent application. 

After acceptance, the application will be assessed against the underlying title. This means that council will assess the building consent and any required district planning checks with respect to the main parcel of land – i.e. it will not consider the proposed sub division or boundaries that pertain to that subdivision.

However, council will look at the notice of decision which may contain conditions that form the consent notice.

Council cannot give regard to the proposed boundaries as they do not legally exist. If breaches to the district plan are found during this process the applicant will be notified of these along with the notice of decision with issued consent information.

The issued building consent will have a condition applied under section 37 of the Building Act 2004 stating Resource Consent is required and that building work may not proceed until this has been obtained.

If no breaches are found in the planning check then the Building Consent maybe issued without the need of a Resource Consent.

Building Act 2004

Scenario two

An application for building consent is presented where a subdivision of land under the Resource Management Act 1991 is in progress. The subdivision has been approved with a notice of decision and the 223 (approved survey plan) has been granted.

Required action 

If reticulated systems are proposed as part of the Subdivision Development, an approved As Built must be presented with the Building Consent application.

After acceptance, the application must be assessed against the underlying title. Council will also look at the notice of decision which can contain conditions that form the consent notice.

Council can give regard to the proposed boundaries as the subdivision has achieved section 223 approval. However, the subdivision is not complete as the section 224c has not been applied for or issued.

In this situation council will also need to assess the application against the underlying title, to ensure that the proposed building work complies with the district plan for both scenarios – after all the subdivision may not be completed.

If a breach is found a Resource Consent will be required and the building consent will have a condition applied under section 37 of the Building Act 2004 and that building work may not proceed until this has been obtained.

If no breaches are found in the planning check then the Building Consent maybe issued without the need of a Resource Consent.

Resource Management Act 1991

If as an owner/developer you want to subdivide and build at the same time, then you should apply for Subdivision and Land Use Resource Consent applications at the same time or in advance of the building consent application.

Another common requirement is that a second dwelling that will also trigger development contributions.

In all circumstances where sub division of land is pending, council will require as a condition of consent that the building location is confirmed by a registered surveyor which must be arranged by the owner / developer / builder as required.

Resource Management Act 1991

Any building consent application with a subdivision that is connecting to Council reticulated system services must have, at least, an approved as built plan of the reticulated services the building(s) are to connect showing their location in relation to the building and to satisfy that there is a suitable outfall for wastewater.

If there is to be an on-site disposal system used, these plans and specifications will need to be part of the application for building consent. If these are not supplied then the application will be refused for this reason.

Section 116A of the Building Act

Notice must be given to local authority if the owner of a building proposes to subdivide land in a manner that affects a building.

If the owner fails to give written notice in these circumstances they commit an offence and are liable to a maximum fine of $5000.

Under section 116A of the Building Act 2004 a Territorial Authority must not issue a certificate under section 224(f) of the Resource Consent Management Act 1991 for the purposes of giving effect to a subdivision affecting a building or part of a building unless it is satisfied that, on reasonable grounds, that the building will comply, as near as is reasonably practicable, with every provision of the building code that relates to one or more of the following:

  • Means of escape from fire
  • Access and facilities for people with disabilities (if this is a requirement for the building)
  • Protection of other property Protection of other property

The building must also continue to comply with the other provisions of the building code at least to the same extent as before the subdivision application was made.

This will often require a building consent application to undertake any necessary work to upgrade a building.

If you are, therefore, planning to subdivided land that affects, or may affect, a building please contact Council to discuss any implications.

Section 116A of the Building Act 2004

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