Post Subdivision Consent
Completion of a subdivision consent
Once the decision has been approved for the subdivision consent, and before new certificates of titles can be issued for the new allotments, there are two more key stages that need to be completed within a subdivision process.
Next stage: Applying for Section 223 certification
Once Council have issued the decision for the subdivision consent, a s.223 certificate is required to be applied for within five years of the decision being issued. A s.223 Certificate, is a certificate which the Council approves when a subdivision has had its final survey. This s.223 certificate may only be applied for by a Registered Surveyor through Land Information New Zealand (LINZ). The s.223 certificate is required to include any amalgamations, easements and access arrangements (Rights of Way) for all lots. The 223 Certificate is signed electronically through LINZ, only after being checked that it matches the approved plan which was approved as part of the subdivision consent.
Final stage: Applying for Section 224(c) certificate
Once a s.223 certificate has been signed by Council, then a s.224 (c) certificate must be obtained within three years from the date of signing the s.223 certificate. The s.224(c) certificate is issued by the Council once all the conditions which were imposed on your subdivision consent have been met. The processing of a s.224(c) certificate requires Council Officers to review the supporting documentation supplied (including as built plans showing new services), site inspection(s), confirmation that the relevant development contributions have been paid and undertake an assessment to check that every condition imposed on the subdivision consent has been met.
Once Council is satisfied that all conditions of subdivision consent have been complied with, then the s.224(c) certificate will be signed electronically through LINZ. Titles will be issued with any consent notices, if they were required in your subdivision decision. Consent notices are manual certificates, prepared by the Council at the same time as the s.224c certificate. Once these has been completed, they are lodged with LINZ by your solicitor.
Please find link for application form to apply for 224 certificate.
A s.221 consent notice is a condition between the Council and a land owner and can only be imposed through subdivision consent. Any consent notices imposed on your subdivision consent will be registered on the new Certificate of Titles alerting current and future property owners of certain obligations that must be complied with after the Certificate of Title has been issued or, in some cases, on a continuing basis by the owner, and subsequent owners, of a property.
As a consent notice is an agreement between the Council and the land owner, it is the responsibility of the landowner and the Council to check compliance. If a consent notice is relating to construction of building work or services, this will be checked at the building consent stage. Some consent notices may be varied or cancelled through an application process under Section 221 of the Resource Management Act 1991.