The Subdivision Process in New Zealand: A Step-by-Step Guide to Title Creation

Subdividing property in New Zealand is one of the most effective ways to unlock land value — but it's also one of the most complex. This guide walks you through every stage of the subdivision process, from initial feasibility to receiving your new titles.

What Is Subdivision?

In New Zealand, subdivision is the legal process of dividing one parcel of land into two or more separate titles. Each new title (called a Record of Title) is registered with the official land registry, creating independent parcels that can be separately owned, sold, or developed.

Subdivision is governed by the Resource Management Act 1991 (RMA) and requires resource consent from your local council. The process also involves survey work, engineering, legal documentation, and registration with the official land registry.

Step 1: Feasibility and Title Check

Before committing to a subdivision, you need to understand what's legally possible on your land. Start by:

  • Order your Record of Title — Check for existing easements, covenants, caveats, or restrictions that may limit subdivision
  • Review the survey plan — Understand lot boundaries, areas, and any existing encumbrances shown on the plan
  • Check the district plan — Your council's district plan sets minimum lot sizes, shape factors, and infrastructure requirements for your zone
  • Engage a surveyor — A licensed cadastral surveyor can assess feasibility and prepare a concept plan

💡 Start with the title:

Many subdivision projects hit roadblocks because of restrictions already on the title. Order a Record of Title ($42.90) and survey plan ($49.90) before spending money on consultants.

Step 2: Resource Consent

Most subdivisions require resource consent from your local council. The type of consent depends on your district plan rules:

Consent Type When Required Typical Timeframe
Controlled Activity Subdivision complies with all standards 20 working days
Restricted Discretionary Some standards not met (e.g., lot size) 20-40 working days
Discretionary Significant departure from standards 40-60+ working days
Non-Complying Activity not anticipated by the plan Varies widely

Your consent application will typically include site plans, engineering drawings, geotechnical reports, stormwater assessments, and sometimes traffic impact assessments. Council fees range from $2,000 to $20,000+ depending on complexity.

Step 3: Engineering and Infrastructure

Once resource consent is granted (usually with conditions), you'll need to design and construct the required infrastructure:

🚰 Three Waters

Water supply, wastewater, and stormwater systems for each new lot. May include new connections, pipe extensions, or on-site systems for rural areas.

🛣️ Access and Roading

Vehicle crossings, shared driveways, right of way construction, footpaths, and street lighting where required by consent conditions.

⚡ Utilities

Power, telecommunications, and gas connections. Network providers will require applications and may have lead times of several months.

Step 4: Survey and s223 Certification

Your licensed cadastral surveyor will survey the new boundaries and prepare a survey plan (Deposited Plan or DP). Once complete, you apply to council for a section 223 certificate under the RMA, which confirms the survey plan is consistent with the approved resource consent.

The s223 certificate must be issued within 3 years of the resource consent being granted (or the consent lapses).

Step 5: s224(c) Completion Certificate

After all consent conditions are satisfied — infrastructure built, inspections passed, bonds lodged, easements prepared — you apply for a section 224(c) certificate. This is council's sign-off that all conditions have been met and the subdivision can proceed to title creation.

  • 🚩Common delay: Utility providers (power, telecom) can take months to complete connections. Start applications early to avoid holding up the s224(c).
  • 🚩Bond option: If minor works remain incomplete, council may accept a bond (financial guarantee) in lieu of completion, allowing you to get the s224(c) earlier.

Step 6: Title Creation

With both the s223 and s224(c) certificates in hand, your solicitor can apply to the official land registry to:

  • Deposit the survey plan
  • Register easements and covenants required by consent conditions
  • Cancel the existing (parent) title
  • Issue new Records of Title for each lot

Once the new titles are issued, each lot exists as a separate legal entity that can be sold, mortgaged, or developed independently.

How Long Does Subdivision Take?

Stage Typical Duration
Feasibility + design 1-3 months
Resource consent 2-6 months
Engineering + construction 3-12 months
Survey + s223 1-2 months
s224(c) + title issue 1-3 months
Total (simple 2-lot) 8-18 months

Frequently Asked Questions

How much does subdivision cost in NZ?

A simple 2-lot subdivision typically costs $80,000–$150,000 including surveyor, engineer, council fees, legal costs, and infrastructure. Complex subdivisions with significant earthworks or infrastructure can exceed $300,000. Always get quotes before committing.

Can I sell lots before titles are issued?

Yes, you can enter into conditional sale agreements. Buyers typically agree to settle once the title is issued. This is common practice and can help fund the subdivision costs. Your solicitor will draft appropriate conditions.

What if my title has a covenant preventing subdivision?

You'll need to either get consent from the covenant holder (often the original developer) or apply to court to have the covenant varied or removed. Check your title and instruments early — this is a potential deal-breaker that's much cheaper to discover upfront.

🔍 Start Your Subdivision Research

Order your Record of Title and survey plan to check feasibility before spending on consultants

Order Your Search →
⚡ 2hr delivery📋 Official records🏆 From $42.90

Certificate of Title NZ is an independent service providing property title searches from New Zealand's official land registry.

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Record of Title with Diagram

⭐ BEST SELLER ⭐

Electronic property title record, showing current proprietor, legal description, registered rights and restrictions (mortgage, easement, covenant). Includes a plan or diagram of the land.

$42.90

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Guaranteed Search

Same as current title, plus shows any documents recently lodged but not yet formally registered (e.g., a newly created covenant). Generally requested by solicitors for property transactions.

$45.90

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Historical Title

Shows all interests registered when the title was created, and since. May include scan of original paper Certificate of Title.

$42.90

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Instruments

Official copies of documents registered against a title: consent notices, mortgages, easements, land covenants, and more.

$39.90

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