Can I subdivide my property?
Not every property can be subdivided.
One of your first steps should be to speak with a surveyor who can assess whether subdivision is possible and identify potential challenges with your property.
Factors that may need to be considered include:
- the size and zoning of your property
- Council planning requirements
- driveways and access
- water, wastewater, stormwater, power and other services
- easements that may be required
- flooding, overland flow paths, soil conditions or other land constraints
- impermeable and permeable surface requirements
- the location of existing buildings
- distance from boundaries and neighbouring properties
- height-to-boundary restrictions.
For example, a section might appear large enough to subdivide, but if the existing house sits in the middle of the property, creating another section could be significantly more complicated.
Your local Council may also offer a service where you can discuss your plans before progressing further.
Your surveyor can help you understand the process in your area.
What does the subdivision process involve?
Every subdivision is different, but there are several key stages.
1. Assess whether the subdivision is feasible
Your surveyor can investigate the property, relevant planning requirements and what may be required to create the proposed new section or sections.
This early feasibility work can be extremely valuable. Investigating a subdivision can itself involve significant costs, and you may discover that the project isn't possible or won't work in the way you initially expected.
2. Obtain resource consent
If the subdivision is feasible, you'll generally need to obtain resource consent from the relevant Council.
The application can include plans, surveys and supporting information about the proposed subdivision. Council will then assess the application and set out any conditions that need to be met.
3. Complete the required works
Depending on the property and consent conditions, you may need to complete work relating to driveways, access, drainage, water, wastewater, utilities or other infrastructure.
4. Complete the legal work and create the new titles
Once the necessary plans and Council requirements have been completed, your lawyer can assist with the legal documentation.
This can include preparing easements, dealing with utility provider requirements, obtaining necessary bank consent and reviewing existing interests registered against your title.
The necessary documentation can ultimately be lodged with
Land Information New Zealand (LINZ) as part of creating the new titles.
Who do I need to help with a subdivision?
Subdivision is usually a team effort.
Your surveyor works through the plans and Council requirements. Your lawyer deals with the title, easements, lender requirements and legal documentation.
Your bank or mortgage adviser can help you understand how the project will be financed, while your accountant or tax adviser can advise on potential tax implications.
Depending on the subdivision, you'll also need other professionals and contractors to complete the physical work required.
Getting the right people involved early can help identify potential problems before you've committed significant time and money.
How long does it take to subdivide a property?
Subdivision is rarely a quick process.
Even a relatively straightforward subdivision can take
six months or longer, depending on the property, Council requirements, physical work required and complexity of creating the new titles.
Creating one additional section may also be considerably simpler than creating several lots requiring new infrastructure and services.
What about the cost?
There is no single cost for subdividing property in New Zealand.
Surveying, Council fees and contributions, infrastructure, legal work, LINZ costs and other professional fees can all contribute to the overall cost of a project.
We've looked at these costs in more detail in our article:
How much does it cost to subdivide a property in New Zealand? →
What if I'm subdividing for family?
Creating a section for an adult child is a common reason homeowners consider subdivision, but there can be additional questions around financing, ownership, transferring the land and tax.
We've covered these considerations separately here:
Can I subdivide my property for my children? →
Thinking about subdividing?
The sooner you investigate your options, the sooner you'll understand what's possible and whether the project is likely to work for you.
Smith and Partners can assist with the legal aspects of subdivision and work alongside your surveyor, lender and other advisers throughout the process.
Talk to our
Property Law team
