Your Building Consent Could Be Rejected Before Council Even Looks at Your Plans
You've spent months designing your dream renovation. The architect drawings are perfect, the builder is ready to start, and you're eager to get council approval. Then your application gets bounced back — not because of your design, but because of something buried in your property title.
Hidden easements that block your extension. Covenants that limit building materials or heights. Building line restrictions you never knew existed. Every year, NZ property owners waste thousands on consent applications that fail due to title issues they could have identified for under $50.
The solution? Get your Certificate of Title before you start detailed design. This guide explains exactly why councils require this document and what they're looking for.
Why Do Councils Require a Certificate of Title?
When you apply for building consent, your local council needs to verify several things about your property. A Certificate of Title provides official answers to critical questions:
1. Proof of Ownership
The council needs to confirm you have the legal right to build on the property. The title shows who owns the land.
2. Property Boundaries
The legal description and survey references help confirm exactly where your property starts and ends — essential for setback calculations.
3. Building Restrictions
Many properties have covenants or building line restrictions that limit:
- Where you can build
- How high you can build
- What materials you can use
- Minimum distances from boundaries
4. Easements
If power lines, drainage, or access easements cross your property, you may not be able to build within those areas.
5. Land Type
The type of title (fee simple, cross lease, unit title) affects consent requirements.
What Building Information is on a Certificate of Title?
Building Line Restrictions
Some titles include building line restrictions — areas where you cannot build permanent structures. These are often:
- Set back from road frontages
- Required for future road widening
- Protecting views or access
Height Restrictions
Particularly common in unit title developments, these limit the maximum building height.
Design Covenants
Many newer subdivisions have covenants requiring:
- Architectural approval before building
- Specific cladding materials
- Minimum floor areas
- Roof pitch requirements
- Colour schemes
Easements Affecting Building
You generally cannot build over:
- Right of way easements
- Drainage easements
- Power and telecommunications easements
- Water supply easements
To see the full details of these restrictions, you'll need to order the instrument documents referenced on your title.
Building Consent Requirements by Title Type
Fee Simple (Freehold)
The most straightforward type. You own the land outright, but still need to check for:
- Easements
- Covenants
- Building line restrictions
Learn more: Cross Lease vs Freehold NZ
Cross Lease
Cross lease titles require extra attention:| Requirement | Why It Matters |
|---|
| Flat plan check | Building must match the registered flat plan |
|---|
| Landlord consent | You may need consent from other owners |
|---|
| Variation required | Changes may require updating the flat plan |
|---|
Unit Title
- Check the unit plan for boundaries
- Review body corporate rules
- Confirm what alterations are permitted
- Obtain body corporate approval
Leasehold
Additional considerations:
- Check lease terms for building restrictions
- Obtain landlord (ground lessor) consent
- Consider remaining lease term
Council Application Requirements
Different councils may have slightly different requirements, but generally you'll need:
For Building Consent
- Certificate of Title (usually less than 3 months old)
- Survey plan reference (from the title)
- Evidence of compliance with any covenants
- Written approval if building within easement areas
For Resource Consent
- Certificate of Title
- Evidence of legal access
- Site plan showing easements
- Assessment of covenant compliance
For Subdivision
- Certificate of Title
- Full survey
- Easement documentation
- Covenant information
See our complete guide: Title Search for Subdivision
Common Issues Discovered During Consent Applications
Issue 1: Unknown Easements
The problem: Your planned extension sits over an existing easement The solution: Redesign to avoid the easement, or negotiate easement modificationIssue 2: Covenant Violations
The problem: Your design doesn't comply with registered covenants The solution: Modify design or apply for covenant variation (requires neighbour consent)Issue 3: Cross Lease Complications
The problem: Previous owners made changes without updating the flat plan The solution: Legalise existing structures before proceeding with new consentIssue 4: Building Line Restrictions
The problem: Your build encroaches on a building line restriction The solution: Redesign or apply for dispensation (rarely granted)Tips for a Smooth Consent Application
1. Get Your Title Early
Order your Certificate of Title before you start detailed design. This allows you to:
- Identify restrictions upfront
- Design around easements
- Budget for any required variations
2. Read All Registered Documents
A Certificate of Title often references external documents (covenant instruments, easement documents). Request copies of anything that might affect your project.
3. Check for Unregistered Interests
Some restrictions may not appear on the title:
- District Plan rules
- Historic heritage overlays
- Natural hazard zones
Always check with your council as well — a LIM report covers council-held information.
4. Engage Professionals Early
For complex titles, get your surveyor and solicitor involved before finalising designs.
5. Allow Time
Title searches and document retrieval take time. Don't leave it until the last minute.
How Fresh Does Your Title Need to Be?
Most councils require a Certificate of Title issued within the last 3 months. This ensures the information is current and reflects any recent changes.
At Certificate of Title NZ, we deliver titles within 2 hours — perfect for last-minute consent applications.
What Our Title Search Includes
When you order a Certificate of Title from us for a building consent application, you receive:
| Included | Details |
|---|
| Current Certificate of Title | Official document less than 24 hours old |
|---|
| Legal description | Lot and DP reference for your application |
|---|
| All registered interests | Easements, covenants, restrictions |
|---|
| Document references | Instrument numbers for further research |
|---|
For building consent applications, we recommend our Record of Title with Diagram at $42.90 NZD.
Frequently Asked Questions
How old can my Certificate of Title be for building consent?
Most councils accept titles up to 3 months old. Check with your specific council as requirements may vary slightly. We deliver titles within 2 hours, so you can easily get a fresh one for your application.
What if my title shows a covenant that affects my build?
You'll need to either modify your design to comply with the covenant, or apply to vary the covenant (which requires consent from affected parties). Order the covenant instrument to understand the exact restrictions before deciding your approach.
Do I need a title search AND a LIM report for building consent?
The title search is typically required for consent applications. A LIM report provides additional council-held information like previous consents and hazard zones. For complete due diligence, especially on older properties, having both is recommended. See our LIM vs Title comparison.
Can I build over an easement if I get council consent?
Generally no. Council consent doesn't override private easement rights. Even if council approves your build, the easement holder can legally object. You'll need their written consent to build within an easement area, or you'll need to modify your plans.
What happens if I build without checking my title first?
You risk building something that violates covenants or easements, which can result in legal action, forced removal of structures, or inability to get Code Compliance Certificate. A $42.90 title search is much cheaper than removing an illegal structure.
Ready to Apply for Building Consent?
Get your Certificate of Title today:
- Delivered within 2 hours
- Council-accepted format
- All interests clearly shown
- Expert interpretation available
Need a Title Search for Building Consent?
Get your official Record of Title delivered in 2 hours. Council-accepted format, includes diagram.
Order Now — $42.90 NZDNeed help understanding how a title restriction affects your building project? Contact us for expert guidance — $129.00 NZD.
