Before You Renovate, Check Your Title
You've found the perfect property and you can already picture the extension, the new deck, the garage conversion. But before you engage an architect or apply for building consent, there's one document that could stop your plans entirely: your property title.
Thousands of New Zealand homeowners discover too late that restrictions on their title prevent the renovations they envisioned. Covenants, easements, consent notices, and zoning rules registered on the title can limit everything from building height to the colour of your roof.
Understanding these restrictions before you buy — or before you start planning renovations — saves time, money, and heartbreak. Here's what to look for and how to find it.
1. Land Covenants: The Most Common Renovation Blocker
Land covenants are private rules registered on the title by a previous owner, usually a developer. They're designed to maintain certain standards in a subdivision or development, and they bind every current and future owner.
Common covenants that block renovations include:
- Building size limits: Minimum or maximum floor area requirements
- Height restrictions: Maximum building height (often lower than council zoning allows)
- Setback requirements: Minimum distance from boundaries, sometimes stricter than district plan rules
- Material restrictions: Requiring specific exterior cladding, roofing, or fencing materials
- Colour schemes: Dictating acceptable exterior colours
- No secondary dwellings: Explicitly prohibiting minor dwellings, granny flats, or sleepouts
Covenants are enforceable by other property owners in the subdivision — not just the original developer. Even if the developer is long gone, your neighbours can take legal action to enforce covenant conditions.
Order a Record of Title with Diagram for $42.90 to see all covenants registered on a property. For deeper investigation, Instruments (Documents) at $39.90 lets you read the full text of each covenant — essential for understanding exactly what's restricted.
2. Easements That Limit Where You Can Build
Easements give someone else the right to use part of your land for a specific purpose. They don't remove your ownership, but they can significantly restrict where you build.
Common easements that affect renovations:
- Right of way: A shared driveway or access path may run through your property. You can't build over it or block it. Our guide to easement checks explains how to identify them.
- Utility easements: Power lines, water mains, sewer pipes, and stormwater drains often have easements that prevent construction within their corridor. Learn about power line and utility easements.
- Drainage easements: Stormwater and wastewater easements are common in urban areas. Building over or near them usually requires council consent and may be prohibited entirely. Read more about stormwater and drainage easements.
The key point: you generally cannot build structures over an easement without the consent of the party who benefits from it. That party could be a neighbour, a utility company, or the council — and getting their consent isn't guaranteed.
3. Consent Notices Under the Resource Management Act
Consent notices under Section 221 of the Resource Management Act 1991 are conditions attached to subdivision consent that bind the land forever. They're registered on the title and enforceable by the local council.
These notices can restrict:
- Building locations on the site
- Land use activities (e.g., no commercial activity on residential land)
- Environmental protections (e.g., protecting native bush, wetlands, or waterways)
- Geotechnical requirements (e.g., specific foundation designs on unstable land)
- Stormwater management requirements
Unlike covenants, consent notices are enforced by the council — not private parties. Breaching a consent notice can result in enforcement action, fines, and orders to remove unauthorised work.
Learn more about consent notices under Section 221 RMA to understand how they affect your property.
4. Building Act Notices (Sections 71-74)
Notices under Sections 71-74 of the Building Act 2004 are registered on the title when the council identifies hazards or special conditions affecting the land. These include:
- Flood risk notices: Land prone to flooding may have restrictions on floor levels, building methods, or even prohibit new structures. See our guide on flood risk and property titles.
- Unstable land notices: Land subject to landslip or subsidence may require specific engineering solutions
- Earthquake-prone building notices: Existing buildings identified as earthquake-prone have upgrade requirements and timeframes
These notices don't necessarily stop all renovations, but they add significant cost and complexity. Foundations may need to be over-engineered, floor levels raised, or specific materials used.
5. Cross-Lease Restrictions
If you own a cross-lease property, the flats plan registered on your title shows the footprint of each flat and any exclusive use areas. Any renovation that changes the building footprint — even a small extension — requires:
- Agreement from all cross-lease owners
- A new flats plan to be drawn and registered
- Updating all titles in the cross-lease
This process can be expensive and time-consuming, and it gives other flat owners leverage to negotiate conditions or even veto your plans. Read our guide on cross-lease alterations and flats plans for the full picture.
6. How to Check for Renovation Restrictions
Before buying a property with renovation plans, or before starting any building project, follow this checklist:
- ✅ Order a Record of Title: Record of Title with Diagram ($42.90) shows all registered interests
- ✅ Read the instruments: Instruments ($39.90) provides the full text of covenants, easements, and other registered documents
- ✅ Check survey plans: Survey Plans ($49.90) show boundary details and easement locations
- ✅ Review the LIM report: The council's Land Information Memorandum reveals unregistered restrictions
- ✅ Check the district plan: Zoning rules that aren't on the title still apply to your property
For the most thorough approach, our Pre-Purchase Due Diligence Package ($189.90) bundles the Record of Title, Guaranteed Search, Instruments, and Survey Plans — giving you a complete picture of every restriction on the property before you commit.
Frequently Asked Questions
Can I remove a covenant from my property title?
Removing a covenant is possible but difficult. You can apply to the court under Section 317 of the Property Law Act 2007, but you'll need to show that the covenant is obsolete, that circumstances have changed substantially, or that it's unreasonably restrictive. The process is expensive, time-consuming, and there's no guarantee of success. In practice, most homeowners negotiate with affected parties or work within the covenant's constraints rather than trying to remove it.
Do I need to check the title before a minor renovation like a fence or deck?
Yes, especially for fences and decks near boundaries. Easements and covenants can restrict where fences are placed, how high they can be, and what materials are used. Decks that extend into easement areas or violate setback covenants can create problems when you sell. Always check the Record of Title before any work near boundaries or building footprints.
What's the difference between title restrictions and council zoning rules?
Title restrictions (covenants, easements, consent notices) are registered against your specific property and bind you regardless of council rules. Zoning rules come from the district plan and apply to all properties in that zone. Both apply simultaneously, and you must comply with whichever is more restrictive. For example, if the district plan allows a 10-metre building height but a covenant on your title limits it to 8 metres, the 8-metre limit wins. Read more about checking property zoning in New Zealand.
