Subdividing your property can create value, whether you are creating a single additional site at the rear of your section, converting a cross lease to freehold, or developing multiple lots under a fee simple or unit title structure. We can assist in all cases.
How we help
The Property Law Centre assists many landowners and developers through the legal side of subdivision from start to finish. We review your record of title and any existing encumbrances to confirm what is possible, prepare any agreements needed between co-owners or with neighbours, and work alongside your surveyor as the subdivision consent progresses through Auckland Council.
We then prepare and register the easements, covenants and consent notices required by your consent, obtain your mortgagee’s consent where a loan is in place, arrange the section 223 and 224 certificates with the Council, and deposit the survey plan with Land Information New Zealand so your new titles can issue.
Talk to our friendly team
Getting started
The best time to talk to us is before the survey and planning work begins, so that what the title allows is confirmed at the outset. Send us your record of title, and your scheme plan or subdivision consent if you have one, and we will confirm an estimated fee for the legal work and let you know what is involved.
Subdividing land can create real value but there is a lot to work through. Here’s how we guide you through it:
- Check your title first. Review your title for covenants, easements, consent notices or cross-lease issues that could affect what you can do. We can assist you with this.
- Talk tax before you commit. Subdivision can trigger GST and income tax consequences that may need to be addressed at the outset.
- Get your bank on board. Your lender’s consent is needed. We handle that early so it doesn’t hold things up.
- Review your resource consent. Once council issues its decision the conditions of the consent will need to be worked through and satisfied.
- Prepare the legal documents. Easements, covenants and consent notices all need drafting and registration. We deal with this.
- Deposit the plan and issue new titles. We lodge everything with LINZ and obtain your new titles as soon as possible.
Prices for our subdivision services
| Freehold Subdivision – 2 lots | $4,500 (Guide only) |
| Freehold Subdivision – 4 lots | $7,500 (Guide only) |
| Crosslease Rectification– 2 crossleases | $5,000 (Guide only) |
| Crosslease to Fee Simple Conversion – 2 lots | $6,000 (Guide only) |
| Unit Title Development – 3 units | Ask for an estimate |
Subdivisions FAQ
See related questions and quires related to Subdivisions.
What are the steps involved in subdividing a property in Auckland?
We begin by reviewing your record of title and any easements, covenants or consent notices to confirm what the title allows. A surveyor and planner then prepare a scheme plan and lodge an application for subdivision consent with Auckland Council. Once consent issues the surveyor prepares the survey plan and the engineering and infrastructure work is completed. We prepare and register the easements, covenants and consent notices required by the consent, obtain any mortgagee consent, and arrange the section 223 and 224 certificates. The survey plan is then deposited with Land Information New Zealand and the new titles issue.
How long does a subdivision take?
A straightforward two lot subdivision is largely dependent on the conditions attaching to your consent. Council processing timeframes, engineering and infrastructure requirements, and the survey work involved are the main factors. Larger developments and subdivisions requiring new roads or services can take longer.
What does a subdivision cost?
There are four separate costs to allow for: our legal fees, your surveyor’s and planner’s fees, Auckland Council consent, development contribution and certification fees, and LINZ registration fees. Engineering and construction costs for new services, driveways and vehicle crossings are usually the largest single item. Our legal fees are set out in the pricing table on our website, and we will confirm an estimate for your subdivision once we have reviewed your title plan and the resource consent.
Do I need my bank's consent to subdivide?
Yes, if there is a mortgage registered against your title. Your bank must consent to the deposit of the survey plan and to the easements and covenants being registered, and it will want its mortgage registered against the new titles once they issue. Where the subdivision is being funded by borrowing, or a lot is to be sold on completion, the bank will also want to approve the arrangements for release of its security. We handle the mortgagee consent process with your bank as part of the subdivision.
Can I sell a section before the new title has issued?
Yes. Sections are commonly sold “off the plan” before titles issue, with settlement taking place a set number of working days after the new title is deposited. The agreement needs to be carefully drafted to deal with the sunset date, what happens if the title does not issue or the boundaries change, and how the deposit is held. We recommend you talk to us before signing or listing so the agreement protects you.
Can I get a quote for subdivision legal work?
Yes. Send us an enquiry through the form on this page with a copy of your record of title, and your scheme plan or subdivision consent if you have one, and we will confirm an estimated fee for the legal work. We can also refer you to a surveyor and planner who may be able to assist with the consent, survey and planning matters.
