What is the Difference Between Subdivision Consent & Land Use Consent?

Understanding the difference between subdivision consent and land use consent is critical for developers and building industry professionals in New Zealand. These two types of resource consents, governed by the Resource Management Act 1991 (RMA), regulate how land can be used or divided. This guide clarifies their purposes, processes, and requirements to help you navigate the consent process efficiently and avoid costly delays.

What is a Resource Consent?

A resource consent is a legal approval from a local council to undertake activities that impact the environment or do not comply with zoning rules in the district plan. It ensures developments balance community interests, environmental sustainability, and regulatory compliance. Both subdivision and land use consents fall under this framework, but they serve distinct purposes.

Subdivision Consent Explained

Subdivision consent is required to divide a parcel of land into new lots, create unit titles, or adjust boundaries. It is essential for creating new property titles for sale or development.

• Purpose: Enables the legal division of land, such as splitting a property into two lots or creating a multi-unit development.

• Duration: Typically valid for five years, after which the consent lapses if not implemented.

• Examples: Subdividing a residential lot into two, creating a block of flats, or adjusting a boundary.

• Key Requirements: Requires a licensed cadastral surveyor to prepare a scheme/survey plan and council approvals under sections 223 and 224(c) of the RMA to confirm compliance and enable title issuance by Land Information New Zealand (LINZ).

Land Use Consent Explained

Land use consent is needed for activities on land that affect its use, such as building, earthworks, or commercial operations. It ensures activities comply with district plan rules.

• Purpose: Approves specific land activities, like constructing a new home or commercial building.

• Duration: Generally unlimited, provided the activity is implemented within five years (or as specified).

• Examples: Building a house, adding a garage, or conducting earthworks for a development.

• Key Requirements: Must align with the Auckland Unitary Plan or district plan rules. May require environmental impact assessments.

Key Differences Between Subdivision and Land Use Consent

When Do You Need Each Consent?

• Subdivision Consent: Needed when dividing land (e.g., creating two lots from one) or changing title structures (e.g., unit titles). Check the relevant council plan for zoning rules on lot sizes or access.

• Land Use Consent: Required for activities like building a new structure or altering land use (e.g., converting a commercial building to residential). Check district plan rules for permitted activities.

• Both Consents: May be needed for complex projects, like subdividing land and building multiple dwellings, requiring combined applications.

Application Process

• Subdivision Consent Process:

  1. Conduct a feasibility study to assess zoning and infrastructure.

  2. Engage a licensed cadastral surveyor for a survey plan.

  3. Submit a resource consent application with an Assessment of Environmental Effects (AEE).

  4. Obtain section 223 approval (within 5 years) and section 224(c) approval (within 3 years of section 223).

• Land Use Consent Process:

  1. Review district plan rules to confirm consent requirements.

  2. Prepare application with environmental and infrastructure reports.

  3. Submit to the council for review and approval.

• Costs: Costs will always vary and be region and local council specific. They can also change frequently, so it’s a good idea to check with the council you’ll be applying for consent with. Additional costs include surveyor/planner fees and potential specialist reports (e.g., traffic or noise).

• Timelines: Processing times vary, with section 223/224(c) approvals potentially taking months due to inspections or additional documentation.

Tips for Developers to Streamline the Process

• Engage Experts Early: Consult planners and surveyors to ensure compliance and avoid rework. “Engaging a planner early can save thousands in rework costs,” says a hypothetical planning consultant.

• Check Record of Title: Review for restrictions like covenants or easements that may impact your project.

• Understand District Plans: Use the Auckland Unitary Plan or local district plan to confirm zoning and rules.

• Plan for Compliance: Ensure all conditions (e.g., infrastructure upgrades) are met to avoid consent lapses.

Conclusion

Navigating subdivision consent and land use consent is essential for successful property development in New Zealand. By understanding their differences, preparing thorough applications, and engaging experts, developers can streamline the process and achieve compliance without getting bogged down by council roadblocks. If you would like to have a chat to see how LG Consulting can help you navigate your council consent process and avoid unnecessary delays, get in touch today!