Our Surveying Services
Subdivision
Includes:
• Boundary Adjustments (moving the boundary between 2 or more adjacent allotments)
• The creation of two or more freehold titles
• Unit title developments
• The conversion of cross lease to freehold title
• The amendment of a cross lease, unit title or company lease plan to reflect any additions, alterations or accessory buildings
The Subdivision Process
The subdivision process is complex and can take a protracted period of time to complete. Outlined below is the process required to complete a subdivision. At Tauranga Land Surveying we can assist you through this process.
(1) Site Suitability
An assessment of your property needs to be undertaken to assess your ability to subdivide. Your ability to subdivide is governed by a number of factors that include:
• The ability to comply with Tauranga City Plan or Western Bay of Plenty District Plan rules
• The size of your site
• The ability to provide services (power, telecommunications, water, stormwater and sewer) to the site
• The ability to provide safe access to the site
• The ability to provide on-site parking
• Geotechnical constraints
• Topographical constraints and
• The position of buildings already erected on the site
(2) Resource (subdivision) Consent Application
Section 11 (Restrictions on Subdivision of Land) of the Resource Management Act (RMA) 1991 requires that you obtain a resource consent to subdivide your property. To obtain consent you are required to submit a scheme plan, an assessment of environmental effects and an assessment of the proposal with regard to district plan or city plan requirements. More complex consent applications can also require specialist reports from traffic and geotechnical engineers.
(3) Resource (subdivision) Consent Approval
Once a resource consent application has been completed, it is submitted to Council for approval. When Council receives the application it is then required under Section 87F of the RMA (1991) to process the application within a certain time frame. These time frames can be extended if Council requests further information under Section 92 of the RMA (1991).
If Council is satisfied with an application it will grant resource consent. In most cases consent is given subject to certain conditions. These conditions can include (but are not limited to) a requirement to provide a property with access, power and connection to Council's water, stormwater and sewer networks. Unless otherwise stated a resource consent will lapse after 5 years unless given effect to.
(4) Section 223 Certification – Survey Plan Approval
Prior to reaching this point a land surveyor will need to have visited your property and undertaken a land transfer survey. Under Section 223 of the RMA (1991) Council certifies that your consent has not lapsed and that your survey plan is in accordance with the scheme plan that was submitted as part of your resource consent application. You have 5 years from the date your consent was issued to obtain Section 223 certification. You then have a further 3 years after Section 223 certification to obtain Section 224 certification.
(5) Section 224 Certification – Restrictions Upon Deposit of Survey Plan
Under Section 224 of the RMA (1991) Council is required to certify that it has previously certified your plan in accordance with Section 223 of the RMA (1991) and that a period of less than 3 years has lapsed since that certification was given. It also certifies that all of the conditions that were placed upon your resource consent have been complied with to the satisfaction of Council.
(6) Deposit of the Survey Plan
Your survey plan can deposit once you have gained Section 224 approval from Council. In accordance with Section 226 of the RMA (1991) it is only then that certificates of title for your new allotments be issued.
Cross Lease
In 1958 amendments to the Municipal Corporations Act (1954) and the Land Subdivision in Counties Act (1946) determined that a lease of a building was not deemed a subdivision of land. Because a cross lease was not deemed to be a subdivision they were seen as a way of getting around having to pay financial contributions and other requirements of subdivision.
A cross lease is essentially a mechanism for providing separate titles to two or more dwellings located on the one section without a subdivision of the land taking place. The land and buildings are owned as tenants in common (undivided), and all tenants in common join in leasing each flat to its occupant, normally for 999 years.
Many of the advantages associated with cross leases were lost in 1991 when the Resource Management Act (1991) deemed a cross lease to be a subdivision.
Problems with Cross Leases include:
• Cross leases' do not confer ownership of the flats
• The lessees' share in the estate in fee simple can be defeated
• The rights of a lessee are different from those of an owner
• The lessees rights depend on the terms of the particular cross lease
If you are buying a property and the cross lease flats plan does not reflect the shape of the building or if you want to convert your cross lease to a freehold title please call Tauranga Land Surveying. We will survey your site, liaise with your lawyer and manage the entire process for you.
Topographic Surveys and Site Plans
At Tauranga Land Surveying we can survey your property to accurately position topographical features such as buildings, retaining walls, power poles, water meters, power gyros, telecom pillars, manholes, kerbs and road centre lines in relation to your boundary. We will then produce a plan showing the position and elevation of these features that can be given to your architect, builder or engineer for design purposes.
Day Lighting (Overshadowing)
Council overshadowing requirements are there to protect property owners immediately surrounding your site. At Tauranga Land Surveying we can survey your site to accurately determine levels around your boundary before your building is designed. Once your new building is constructed we can survey the building's position and certify to Council that it complies with overshadowing requirements. Prior to a building being constructed we can also advise whether or not your building will comply.
Legalisation Surveys
Legalisation surveys are undertaken on behalf of government departments, territorial authorities, ad hoc authorities, or any person authorised by statute to deal with, or dispose of land. Legalisation surveys are most often undertaken to stop, or to acquire land for legal road.
Boundary Adjustments
A boundary adjustment is a form of subdivision where boundaries are reconfigured between neighbouring allotments. A resource (subdivision ) consent is still required, but with a boundary adjustment there are fewer issues to consider. At Tauranga Land Surveying we can survey your property and reconfigure your boundaries to better suit your needs.
Boundary Peg Location
There are a number of reasons why you may need your boundary pegs located. These reasons can include a dispute between you and your neighbour over the location of your boundary or you may just need to know the location of your boundary in order to construct a fence or building. Being Licensed Land Surveyors, we at Tauranga Land Surveying can locate your boundary pegs or accurately re-place boundary pegs in their original position. Where new boundary pegs are placed Land Surveyors are required by law (Rule 8.5 of the Rules for Cadastral Survey 2010) to submit a dataset to Land Information New Zealand recording the position of these newly placed pegs.
Site (datum) Benchmarks
At Tauranga Land Surveying we can establish benchmarks within your construction site to ensure that you have good level control from which to construct your building. We will use Council's existing benchmark network to establish a site (datum) bench mark for you. Generally site (datum) benchmarks are placed in terms of Moturiki Datum.
Building Setout
Getting your new building positioned correctly on site is critical. At Tauranga Land Surveying we will survey your site and position your building to ensure that it complies with Council's streetscape, setback and floor level requirements. We will then certify to Council your new building's compliance.
Height Restrictions
Height restrictions are used to protect your property's views. These restrictions can apply to the height of a building, structure, tree or other vegetation. At Tauranga Land Surveying we can survey your property to determine the height and location of your restrictive plane. To do this we will often use Council's existing benchmark network.
Covenant Areas
A land covenant is an instrument that is registered on your certificate of title which limits or restricts you and future owners with respect to your land. Covenants that relate to land use are often placed over native bush and other sensitive ecological areas. At Tauranga Land Surveying we can survey your property to ensure these areas are accurately denoted on your plan.
Easement Areas
An easement creates a legal right to use the land of another person in a particular way without any right to possession of that land. The land which is subject to the easement is called the servient tenement. The land which benefits from the easement is called the dominant tenement. The rights that can be created by landowners include a right of way, a right to convey water, power, telecommunications and electronic data, along with a right to drain stormwater and sewage. At Tauranga Land Surveying we can survey your property to ensure all easement areas are accurately denoted on your plan.
BOMA (rentable area) Surveys
BOMA meaning - Building Owners and Managers Association. BOMA is a standard method for measuring office space for rental purposes. Often measurements are taken to the centre of partition walls or to the exterior face of a building. At Tauranga Land Surveying we will accurately measure your building to determine the area a tenant is using. When tenants are paying a per square metre rate for their tenancies it is important to ensure that areas are correct.