Planning to subdivide property in New Zealand? Before you start, you need to understand exactly what's on your title. This guide explains the essential title searches every developer should complete before beginning a subdivision project.
Why Title Searches Are Essential Before Subdividing
Subdivision in New Zealand is a complex process involving council consents, surveying, engineering, and legal work. At every stage, the existing property title plays a critical role. Failing to check the title early can lead to:
- š©Easements blocking building platforms ā A drainage or services easement across your proposed lot could make it unbuildable
- š©Covenants restricting use ā Restrictive covenants may limit density, building height, or land use
- š©Boundary discrepancies ā Old survey data may not match the actual fence lines or improvements
- š©Consent notices or encumbrances ā Previous resource consents may impose conditions that carry forward
Essential Title Searches for Subdivision
The NZ Subdivision Process: Step by Step
š Step 1: Feasibility Assessment
Order a Record of Title and all registered instruments. Review the district plan rules for your zone. Check minimum lot sizes, setbacks, access requirements, and infrastructure capacity. This is where many projects succeed or fail.
š Step 2: Resource Consent
Apply to your local council for subdivision consent under the Resource Management Act 1991. The council will assess effects on neighbours, infrastructure, and the environment. Most residential subdivisions are controlled or restricted discretionary activities.
š§ Step 3: Engineering and Infrastructure
Complete engineering plans for roads, stormwater, wastewater, and water supply as required by consent conditions. Install infrastructure and obtain council sign-off through the engineering approval process.
š Step 4: Survey
Engage a licensed cadastral surveyor to prepare the survey plan (previously called a "deposited plan" or DP). The plan defines the new lot boundaries, easements, and any land to be vested in the council (roads, reserves).
ā Step 5: Section 224(c) Certificate and New Titles
Once all consent conditions are met, the council issues a section 224(c) certificate. Your solicitor then lodges the survey plan and title application with the official land registry. New Records of Title are issued for each lot.
Common Title Issues That Affect Subdivisions
ā ļø Existing Easements
A stormwater easement running diagonally across your site could prevent the most efficient lot layout. You may need to negotiate with the benefiting party to relocate the easement ā or design your subdivision around it.
ā ļø Restrictive Covenants
Covenants registered on older titles may restrict the number of dwellings, prohibit certain uses, or impose minimum building standards. Some covenants from the original subdivision may still be enforceable decades later.
ā ļø Consent Notices (s221)
Previous resource consents may have imposed consent notices that are registered on the title. These can include requirements for acoustic insulation, stormwater management, or restrictions on future development ā and they bind all future owners.
How Much Does Subdivision Cost in NZ?
š” Good to know:
Title searches are the cheapest part of subdivision due diligence ā but skipping them is the most expensive mistake you can make. A $42.90 Record of Title can reveal issues that save you tens of thousands in wasted consent and engineering costs.
Recommended Search Package for Developers
For a thorough subdivision feasibility assessment, we recommend ordering:
Or save time with our Pre-Purchase Diligence Package at $189.90 NZD ā which bundles the essential searches into one convenient order.
Frequently Asked Questions
š Start Your Subdivision Research
Order title searches, instruments, and survey plans for your development site
Order Your Search āCertificate of Title NZ is an independent service providing property title searches from New Zealand's official land registry.