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Check if you can subdivide your propertyTirohia mēnā e āhei ana koe te wawae i tō whenua

Where to start and things to consider if you are thinking about subdividing your property.

Given the complexity of some subdivision types, Council recommends that you get professional advice before you apply for a subdivision consent. Alternatively, you may wish to discuss your proposal with Council prior to submitting it. Call us on 06 835 7579 to speak with our duty planner if you have questions regarding your proposed subdivision.

When subdivision of property is allowed

Factors that may influence your subdivision application, include:

  • the size of your property
  • the zone your property is in (different zones have different minimum areas for new subdivided lots)
  • whether there are existing dwellings on the land or if there is an existing land use consent for more dwellings
  • whether the ground is stable or prone to hazards (e.g. flooding, erosion or contamination)
  • if there are any restrictions on existing titles
  • whether new stormwater or wastewater drainage is necessary or if existing pipes may need to be upgraded
  • vehicle access, parking and manoeuvring.

Where to start

The Napier Operative District Plan  and the has rules you need to consider if you want to subdivide your property into separate legal titles. Resource consent applications will be considered under both the Operative District Plan and any relevant sections of the Proposed District Plan until the Proposed District Plan becomes fully Operative. During this period, you should check both the Operative and the Proposed District Plans to fully understand the planning rules for the district. 

Types of property subdivision

There are three common types of titles:

  1. Fee simple – the most common form of subdivision. It divides an existing property into two or more sections
  2. Unit title – this gives individual titles to housing units over an existing piece of land. The housing units have a body corporate and the units usually share in the common property such as driveways, gardens, etc.
  3. Cross-lease – previously common, less desirable today. A lease is created over each unit, which is called a "flat". Each flat owner has shared ownership of the property.

What you need to consider

Your subdivision resource consent application will be subject to additional steps, compared to other resource consent applications.

Engage a licensed surveyor

Consult with a surveyor to get an idea of overall costs, how long the whole subdivision process will take and what's involved.

Surveyors can help with:

  • drafting a subdivision design for your property · addressing Napier Operative District Plan rules and conditions
  • clarifying the need for stormwater, wastewater, sewer connections
  • identifying power, water, phone connections
  • providing a detailed breakdown of all subdivision costs associated with subdividing your section from the design, consent and development stages through to the issuing of new titles.

Accessways and services in your subdivided property

New sites created by subdivision will need to be serviced to make sure:

  • wastewater and stormwater can be adequately managed
  • water, telecommunications and power connections can be created.

Before construction can begin, you may need to apply for engineering approvals.

Financial contributions

It is also likely that you will need to pay financial contribution fees.


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