Overview
Consent notices under section 221 of the Resource Management Act 1991(RMA) apply to transactions involving land to be subdivided.
These consent notices are a form of
covenant
between the council and the land owner imposed through a subdivision consent that restricts certain activities and buildings allowed on a site.
For example, the number of homes on a property, the number and location of accessory buildings, garages and decks, foundations, not building over certain areas of the land, complying with some aspect of the District Plan, protecting heritage aspects, or the protection of trees.
These consent notices cover conditions that must be complied with on a continuing basis by the current owner and subsequent owners after the deposit of the survey plan. Such conditions may include engineering works, density, site coverage, and the location of building platforms.
Because a consent notice is an agreement between the council and the land owner, the council would enforce any non-compliance.
A consent notice is legally deemed to be an instrument creating an interest in the land within the meaning of section 51 of the Land Transfer Act 2017, and a covenant running with the land when registered under the Land Transfer Act.
Section 221(3) of the RMA enables conditions specified in consent notices to be varied or cancelled by agreement between the land owner and the council, at any time after the deposit of the
survey plan.
Licensees should make sure any consent notices listed on a title are obtained. It will need to be confirmed that the property complies with the consent notice and that the terms of the consent notice will not affect any proposed development of the land.
Any such consent notices must be fully disclosed, and parties be advised to seek legal advice before proceeding to enter into a transaction.
See below an example of Consent notice under section 221 of the Resource Management Act 1991
You can check the consent notices noted on your property under
instruments.
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