Land Subdivision
What is a subdivision?
Section 218 of the Resource Management Act 1991 defines a subdivision as
- the division of land held in a certificate of title for a freehold, cross-lease or unit title interest in land
- a company lease or a lease of land for more than 20 years.
Back to top
What is a subdivision consent?
Consent from Council is required for a subdivision, which requires a new certificate of title to be created. What do I need to do to get consent for subdivision?
Your surveyor will lodge an application with Council. This will provide information required under the Resource Management Act 1991 and the Rotorua District Plan, including
- a description of the proposal
- an assessment of possible effects on the environment
- the position of new boundaries
- the area of each new lot
- the location and size of new reserves and roads
- any esplanade reserve, esplanade strip or access strip requirements
- how services are to be provided to each lot
- ground stability, geothermal activity or flooding reports
- confirmation of safe and adequate access to and from public roads
- details of matters of concern to Te Arawa Maori
- whether consents are required from a regional council
- whether the application addresses any special District Plan environmental policies.
If the subdivision is a non-complying activity, the application must show that the proposal
- does not conflict with the objectives and policies of the District Plan
- will have only minor effects on the environment.
Council staff may request further information or ask you to carry out further consultation. If you are not happy with the request, you have a right to object to Council or appeal to the Environment Court.
Back to top
How long will it take to get consent?
Council will decide whether or not to notify your application. Notification involves advertising the application in local newspapers and allowing the public 20 working days to make submissions for or against the proposal. A notified application involves a public hearing. A decision can take up to 70 working days.
If your application is not notified, Council will usually make a decision within 20 working days.
Back to top
What about conditions of consent?
If Council grants subdivision consent for your proposal, the consent may include conditions on matters such as further subdivision, the standard of services and financial contributions for reserves.
Back to top
Can I object to Council's decision and/or the conditions of consent?
Yes. If you are not happy with the decision or the conditions imposed, you can object to Council. If agreement cannot be reached, you can lodge an appeal with the Environment Court.
Back to top
How long do I have ot lodge a survey plan?
Once Council has granted subdivision consent, you have two years to lodge a plan prepared by a registered surveyor. Council grants this plan a section 223 certificate and lodges it with Land Information New Zealand.
Back to top
How long do I have to meet conditions of consent?
You have three years to obtain a section 224(c) certificate confirming that all conditions have been met. If you have ongoing conditions, you will also need a completion certificate, a consent notice or a bond from Council.
These certificates are lodged with the district land registrar so that separate certificates of title can be issued.
If these final approvals are not implemented within the specified time limits, your subdivision consent may lapse.
Back to top
How much does a subdivision consent cost?
Cost varies according to the type of application and the amount of processing required. Contact Council for further information.
Back to top
Does subdividing affect my rates?
If subdivision increases the rating value of your property, your rates are likely to increase from the beginning of the next rating year.
Back to top