What is a Subdivision?

A subdivision involves the division of a single block of land into smaller blocks which can be owned separately.

The Resource Management Act (RMA) enables land to be subdivided by:

• Freehold subdivision (gives freehold title to the land)
• Cross-leasing (the owners share the property and lease any buildings to each other)
• Unit title (anyone owning a unit must abide by the rules of the body corporate which is made up of other unit holders)
• Leasing (for terms more than 20 years)

The Council and Land Subdivision

All subdivisions require District Council consent to ensure:

• That adverse effects on the environment are identified and appropriately dealt with
• That all works and services are installed to an appropriate standard
• That new sites are suitable for the intended use

Can You Subdivide Your Property?

If you wish to subdivide you are advised to check the rules in the District Plan and discuss your proposal with the Council planning staff.  Information about services is available from the Council's Services Help Desk, Rangiora (03) 313 6136 or (03) 327 6834.

If your proposal complies with the District Plan rules your subdivision can be approved, usually subject to conditions.

If your proposal does not comply with the District Plan rules you must apply for a 'discretionary' or 'non-complying' subdivison consent.  Such consents require you to make a more detailed case in your application.  You should discuss this option with a Council planner and with your surveyor.

How to Apply

Application for Subdivision Consent Form (pdf 22kb)

The subdivision application form requires you to provide:

• Your name and address
• A description of the subdivision
• The legal description of the site (lot and DP number)
• A copy of the Certificate of Title
• A list of any other consents required
• Plans which show the area and dimension of the lots in the proposed subdivision
• Details of rivers and streams affected by the subdivision

You may need to provide:

• An assessment of the impact of your proposed subdivision on the environment
• Ways to minimise that impact
• The consent of neighbouring property owners

The processing of your application will be delayed until all the information set out on the application form has been received

You are advised to obtain the services of a Registered Surveyor to prepare your plans and submit your application.  A Surveyor can advise you about the most appropriate type of subdivision for your land and estimate the total cost.

How is Your Application Processed?

Once your application has been accepted, the Council will decide whether to 'notify' the application or not.

Notified Applications

If can take up the 14 weeks for a decision to be made on a notified application.

The application will be advertised for public submissions within 10 working days of receipt of the application complete with all necessary information.

The public has 20 working days to make submissions on the proposal

A report and recommendation on your application is prepared by a Council Planning Officer or consultant

A hearing is usually held by the Council's Hearings Committee withing 25 working days from the closing date for submissions (see Resource Consent Hearing Procedures)

You will be advised of the Council's decision within 15 working days of the hearing

You may object to the Council on any condition of consent withing 15 working days of receiving the decision.

The applicant or any submitter has the right to appeal the Council's decision to the Environment Court within 15 working days fo the decision being notified.

Non-notified Applications

It can take about 4 weeks for a decision to be made on a non-notified application

A report and recommendation on your application is prepared by a Council Planning Officer or consultant

The decision on your application is made by a Council staff member under delegated authority from the Council

You will be advised of the Council decision

You may object to any condition of a consent or apply for a variation of the conditions imposed on the consent.  Objections must be lodged with the Council within 15 working days of the decision being notified.

The applicant or any submitter has the right to appeal the Council's decision to the Environment Court within 15 working days of the decision being notified.

Conditions of Consent

The Council may impose conditions on a subdivsion consent to ensure adequate servicing of land and to protect the rights of the surrounding land owners and future residents.

Typical condtiions relate to:

• Water supply
• Sewerage
• Storm water
• Access and roading
• Stock water races
• Reserves contributions
• Power and telephone
• Street lighting
• Landscaping of roads in urban areas
• Financial contributions
• Protection of waterways, trees, heritage items, natural vegetation and wetlands

Final Approval

Once a subdivision consent is granted, the owner has two years to lodge a survey plan with the Council

You will then have three years in which to obtain a compliance certificate (S 224(c) RMA), confirming that all conditions have been met

If these final approvals are not implemented within the specified time limits, your subdivision consent will lapse

Costing of Making an Application

A list of charges is available by clicking here (pdf 39kb)

Need to Know More?

This publication is a guide only. For more specific information speak to the Council's planning staff. You may need to seek additional advice from Environment Canterbury, a Planning Consultant, Surveyor or Solicitor.