What is a Subdivision?
Subdivision is a process of dividing a parcel of land or a building into one or more further parcels, or changing an existing boundary location. There are different types of subdivision including the creation of fee simple, unit title, cross lease and leasehold titles which all require a subdivision consent.
The rules for subdivision are in Chapter 32 of the District Plan, which include minimum site area and shape factor, minimum frontage width, the ability to provide services (i.e. water, sewer, stormwater and power) to the lots, the ability to provide safe access to the site, any natural hazards constraints, and possible building platform areas.
Stages of Subdivision Approval
There are three key stages of subdivision approval:
Stage 1: Applying for subdivision:
To apply for subdivision approval, Council generally require the following information:
- A subdivision consent application form, needs to completed and signed.
- Complete an Assessment of Environmental Effects (AEE). Examples of AEE’s are on the Ministry of Environment’s website. Link to ‘A Guide to Preparing a Basic Assessment of Environmental Effects’ is available on the Ministry for the Environment’s website: www.mfe.govt.nz
- A scheme plan / survey plan (showing proposed allotment numbers, sizes and dimensions, and proposed building platforms).
- A recent copy of a certificate of title (current within 3 months).
- Matters under Section 106 of the RMA require to be addressed.
- An assessment of the potential for site contaminants in soil, by using one of the methods identified in clause 6 of the National Environmental Standard for Assessing and Managing Contaminants in Soil to Protect Human Health regulations (NESCS).
- Further documents to support your subdivision proposal.
- The application fee and additional lot(s) fee (as listed under WDC’s fees and charges schedule).
How to lodge your application:
All resource consent applications may be emailed to: RCApplications@wmk.govt.nz or
Waimakariri District Council
Private Bag 1005
Applications can also be dropped off to the Rangiora Service Centre located at 215 High Street, Rangiora.
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.
Stage 2: 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.
Stage 3: 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.
To vary/ cancel a consent notice, please see Council’s variation application form and the Council’s fees and charges schedule for cost.
Overall Subdivision Costs
There are a number of costs involved in any subdivision process, including:
- Council application fees and additional lot (s) fee for the application.
- Development contributions (payable at 224 process)
- Surveyor costs
- A planning consultant if preparing your application.
- Land Information New Zealand (LINZ) costs
- Costs involved in providing services such as water, sewerage, stormwater, electricity and telecommunications to each allotment.
What are Developments Contributions?
Development in our District increases demand on Council Services. These services include Roading and Reserves, as well as Water Supply, Stormwater and Wastewater. Development Contributions collected are used to construct new infrastructure which is required as a result of Development in Waimakariri.
In New Zealand, on average everyone uses 227 litres of water every day. Consider the impact on Waimakariri Infrastructure if an extra 500 new homes were built in our District. Based on an average of 3 people living in each home, that’s an additional 340,500 litres of Water Supply and associated Waste Water or Stormwater services required every day!
Applicable Development Contributions (DC’s) vary depending on which area of the District you are developing within. In Rural areas of our District where reticulated Sewer isn’t available to connect to, Sewer contributions aren’t charged, whereas Roading and Reserves DC’s apply to all areas.
DC’s can apply when subdividing a property, under a Subdivision Resource Consent. They can also apply if a Secondary dwelling is proposed, this is often under delineated area rules which are in our District Plan.
DC’s are based on how many Lots are to be created by your subdivision, so a 100 Lot subdivision will have much higher DC’s than a 2 Lot subdivision based on the amount of additional demand created. Each financial year DC’s charges are reviewed and adjusted as part of the Annual Plan process, and therefore are subject to change. More in depth information about how DC’s are charged can be found in our Development Contributions Policy which is available on our website.
Development Contributions (if applicable) are payable at the time of whichever comes first out of the following; Resource Consent application for 224c Certificate, the Issuing of a Building Consent on one or more of the proposed Lots, or an application to connect to a Service (Water or Wastewater).