Subdivision of land affecting a building


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.

Our strong advice is complete your subdivision consenting process and obtain your “224c” certificate prior to applying for a building consent.

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.

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

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

Resource Management Act 1991

Building Act 2004

Section 116A of the Building Act

Commonly a subdivision of a building includes:

  • a newly built multi-unit residential building, on a single title, that will become individual ownership units, towards the end of its development
  • an existing building on a single title that is subdivided into individual ownership units.

This could mean you need to upgrade parts of your building to achieve compliance

Also if dividing land the proximity of new boundaries to buildings may affect building code requirements. All of these possibilities need to be considered.

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.

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