South Auckland Subdivision Lawyer – Observations On Subdividing Your Land
Subdividing land is an excellent way to profit from your land. If you want to sell a portion of your section to make room for a new house, divide your section into two, or build several titles to accommodate more homes, we can help. Whatever your aim, due to the legal complexity of creating new titles as well as the procedure for doing so, it’s a good idea to consult a South Auckland subdivision lawyer to insure you don’t make any mistakes.
In New Zealand, How Does A Property Get Subdivided?
Subdivision is a term used to describe the splitting of a larger block of land into smaller, individual pieces.
The owner of the original block of land splits or subdivides it onto smaller, separate parcels of land. They submit a request to Land Information New Zealand to split the land. Each of those smaller pieces of land is given its own separate title so that each of those can be owned by different people or organisations.
LINZ creates a new title to insure the ownership of a particular piece of land is clearly known. This also serves as the foundation for all subsequent transactions involving that smaller section of land.
Anyone who has purchased a home has seen the legal definition of the land on which their home is constructed. Before allowing their client to continue, their lawyer would have double-checked the facts.
Given the complex legal issues involved, it’s important to speak with a South Auckland subdivision lawyers who can guide people through the process and help them avoid costly mistakes.
Why Do People Want To Subdivide?
People want to subdivide their land for a variety of reasons.
They will, for example, have a large section of land near or in a town where more homes could be constructed. This is a valuable asset, particularly given the current housing shortage. The scarcity of suitable building land is often cited as a factor in increasing house prices.
Another scenario is when a farmer does not wish to farm the entirety of his land. He may be able to sell some of his land in order to develop so-called “lifestyle blocks.” This preserves the land’s agricultural status rather than allowing for a large-scale housing development.
Land in Auckland that was previously zoned for manufacturing or commercial operations may be re-zoned for a different purpose, usually residential construction. Brownfield sites become usable land for housing as a result of this process.
Subdividing Has Legal Consequences
The Resource Management Act is the overarching law that governs subdivisions in New Zealand.
The Act combines zoning and subdivision controls to make sure that all subdivisions obtain resource consent and are in compliance with the local District Plan.
The Procedure for Subdivision
Before you spend a lot of money, consult with a subdivision lawyer to see if you’ll be able to subdivide your land and, if so, if it’ll be feasible.
Although every property is unique, the basic stages are fairly consistent. The procedure is lengthy and complex, and it will necessitate expert advice and assistance at almost every level.
The different stages to subdivide a property include:-
- Getting consent from the Council
- Submitting a survey plan
- Having the plan accepted by Council
- Sending the plan to LINZ
- Getting approval at LINZ
- Having new titles lodged with LINZ.
While it appears to be a simple process, each phase necessitates a considerable amount of effort. The amount of work required will vary depending on the site, size, and needs of your property. How much drainage, for example, do you need to have installed? Is there electricity at the location? The list could go on and on.
What Is The Best Way To Conform With The District Plan?
All local land use is governed by the District Plan. While not all land can be subdivided, adhering to the District Plan is important.
Some factors to consider are:-
- The zoning for your land
- The planned operation and whether it is a change of use
- The total area of your plot and the minimum lot size permitted under the District Plan
- Any protected vegetation on your property, such as native trees, in Auckland is now 480 sq m for a single house and 240 sq m for Mixed Housing in an Urban Zone.
There are also other aspects to consider, so you should obtain professional advice from surveyors, architects, and lawyers who are familiar with subdivisions.
Is It Cost Effective To Subdivide?
“It depends,” is the answer.
As we’ve seen, there are significant costs involved, but the price you can get for subdividing your land is determined by the area and the number of new titles.
For example, adding infrastructure to sloping land is more costly than adding it to flat land. For more complicated land and subdivision, you may have to pay extra fees for architects, surveyors, and consultants.
Other unknown costs include any appeals you will need to file, as well as the number of titles you intend to create, each of which would require its own collection of legal documentation and processing.
Delays and resubmitting documents are likely to occur in difficult areas or terrain.
Given the high costs you will also have to add in the cost of borrowing.
In conclusion
Before you do anything else, speak to a South Auckland subdivision lawyer if you have a piece of land that you want to subdivide. They’ll be able to tell you right away if there’s a chance you’ll be able to subdivide your land. They won’t be able to guarantee results, but they will be able to tell if there isn’t a chance.
McVeagh Fleming is a law firm in Manukau City that can help. Get more details from the website www.mcveaghfleming.co.nz
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