Types of Subdivisions

Freehold subdivision

Freehold subdivision is the most common type of subdivision. 

Each site is independent from other sites, has legal frontage to a road and has it's own title. 

Generally the Council encourages that subdivisions be freehold rather than cross lease.  Before 1991 cross lease used to be the preferred title for small subdivisions, mainly because it was the cheaper option. Technically it was not a "subdivision," so it did not incur a reserves contribution and engineering works did not have to meet the freehold subdivision standards. The Resource Management Act 1991 changed this and cross leases are now included in the definition of "subdivision" and now incur similar costs to freehold subdivision.

Cross leasing can actually be more expensive in the longer term. If any new buildings are erected on the cross lease land or external additions made to existing buildings, the leases have to be altered and a new "Flats Plan" completed. This will involve a new subdivision application to the Council and may also involve considerable legal costs.  If a Flats Plan is not updated, you could have problems when you come to sell your cross-lease property. Buyers' solicitors will check that what is being purchased is strictly in accordance with the existing Flat Plan and the lease for your unit. If this is not the case, issues can arise and the prospective buyer may not be prepared to wait while a new Flats Plan is prepared.

Freehold subdivision includes boundary adjustments. 

Cross-lease subdivision 

• Cross-lease sites are "owned in common", with buildings leased back to individual property owners. The land adjoining each unit (or flat) may be reserved for the use of a particular unit (by means of a covenant), or may be shown as a common area for use by all owners. 
• Cross-lease plans can be recognised by the reference to the word " flats" 
• It may be necessary to obtain consent from other cross-lease holders for additions (not internal alterations) to a building. This will be contained in the cross-lease documents, and is a matter between owners in which Council does not get involved. (The Council, however, is  involved in resource consent and building consents where required.) 
• Cross-lease subdivisions are generally done in two stages; the first stage is the creation of a new title for the existing building, and the second stage is done once the new site has had a house or flat built on it 

Unit title subdivision 

• This is where buildings or parts of buildings and/or parts of the site have individual unit titles, while the remainder of the site is owned in common. There is a body corporate to maintain the common land or buildings, and to arrange replacement insurance. 
• This type of subdivision is often used for medium density housing developments or industrial developments
• The plan illustrating the unit title development which is to be done in stages, is the PUD (Proposed Unit Development) Plan. This is prepared by a surveyor

Council information on the subdivision process

The subdivision of your property will require a resource consent under the Waitakere District Plan which implements the Resource Management Act 1991. Subdivision is recognised under Section 11 of the Resource Management Act as an activity/process distinct from a land use activity. 

We suggest that you contact us at the start of your subdivision process and consult with planning staff. You are welcome to ask staff about the District Plan rules that may apply to your property, and ascertain the type of application and information that will be required. Refer to the following brochures online or we can send you a copy: 

Note: You will need to have Adobe Acrobat Reader installed on your computer in order to view and print these documents.  For help opening PDF files or tips on copying information see Helpful Tips.

The "Subdivision Rules" section of the Waitakere City District Plan sets out the general requirements for subdividing your property.

Also see additional information on using the Waitakere District Plan as follows:

• Applying the rules 
• Types of Application & Activity Types 
• Are Other Consents Required? 

It is common for subdivision proposals to also require landuse consents (where a proposal infringes one or more the District Plan rules). Common examples of rules infringed include; earthworks, vegetation clearance, density, and driveway width. In this situation you have the choice of seeking:

• Subdivision consent without the landuse infringements
• Landuse consent separate to the Subdivision consent
• Combined Subdivision & Landuse consent dealing with all the issues together. Generally this option is the most effective in terms of timing and cost. However ask your resources management consultant or surveyor what is the best approach for your proposal.