Frequently Asked Questions
Considering doing a subdivision, need a resource consent or some engineering works required? Please browse through our frequently asked questions section below. Alternatively feel free to email us here, or phone and talk to one of our staff on (03) 212 7733 (Southland) (03) 454 4808 (Otago) or 027 237 5011 (Auckland and other all locations).
Frequently Asked Planning Questions
Frequently Asked Surveying Questions (including questions about constructing a fence)
When do I need a resource consent?
You need to get a resource consent when either the activity you want to do on your land does not comply with the District Plan, or the District Plan or Regional Plan identifies an activity as requiring a resource consent. Talk to us to find out if you need a consent and how we can take the hassle out of it for you and increase your chances of a favourable outcome.
How long will my application take?
Every proposal is different and the type of project will affect the timeframe. The below timeframes are indicative and vary depending on the council involved:
Non-notified land use consent - 6 to 8 weeks
Notified or Limited Notified land use consent - 3 months
Non-notified subdivision consent from inception to title - 4 to 6 months
Notified or Limited Notified subdivision consent from inception to title - 6 to 8 months
Discharge permits, water permits and coastal permits - 2 to 6 months
Please contact us for a time estimate for your development.
A nearby development may affect me, what can I do?
If the application is being publicly notified or you have been identified in a limited notified application, you can make a submission. Your submission can be in support, opposition or conditionally support (meaning with alternations you would be okay with the proposal).
The staff at Absolute Land Solutions are fully qualified to assist you and act on your behalf in making applications or representing you in a Council hearing. Please contact us to discuss your submission.
Do I need to own a property before I apply for a resource consent to use it?
No. For many people, receiving a resource consent is part of a condition on purchasing a property. Also people can obtain resource consent over land they do not own, for example a gravel extraction beside a river.
The staff at Absolute Land Solutions are always willing to discuss your options with you. Please contact us here.
How close can I build to my boundary?
How close you can build to your boundary will largely depend on the District Plan requirements in your area. These depend also on the height of a building and the side and front yard requirements. The distance will usually be from 1 metre from the boundary, up to around 15 metres and depends largely on the District Plan rules.
Please contact us to find out the requirements in your area.
A Licensed Cadastral Surveyor is the only person qualified and given permission to identify where changes are being made to title dimensions and to any physical changes in ownership. The reasons you may need to engage a surveyor are:
For most legal transactions concerning land
Prepare a resource consent application, especially for subdivisions and subdivision related activities.
Siting a house, garage or fence
Developing or subdividing land
Undertaking environmental studies
Preparing maps
Planning farm water supply or irrigation
Interpreting district plans
A dispute over land boundaries
A topographical or contour survey is required
Registering rights of way and other easements over land
Registering leases of land
Expert testimony concerning land measurement is required
Preparation of a resource consents
engineering design of services
setting out of services (e.g. storm water, water & foul sewer)
hydrographic surveys of rivers, lakes and the sea
Absolute Land Solutions has a number of Licensed Cadastral Surveyors on staff, and are always willing to discuss your project in more depth. Please contact us to find out more.
There are two types of survey marks.
The first type are for marking a boundary or easement position and are usually a wooden peg or an aluminium boundary disk, but can also be a lead plug, an aluminium peg, an iron spike or other approved survey mark. A boundary or easement mark usually does not have the survey instrument positioned above it.
The second type of mark is a traverse or witness mark. These are the survey positions used to start a survey (confirm the angles and distances), they are also the locations a survey instrument will be set up over to take a measurement to a boundary mark. A traverse or witness mark is usually a metal mark, either an iron tube or iron spike, however it may also be an iron rod or a plaque (as is common on street corners especially in the centre of towns).
No you are not allowed to remove a survey mark. Removing a mark is also an offence under Section 55 of the Cadastral Surveys Act 2002. If you accidently remove one, or expect to need to remove one, we can arrange to replace it for you. Contact us.
I occupy some of my neighbours property, what should I do?
This is a hard situation to be in and an occasion when all involved should tread carefully as emotions will often run high.
The first question asked is "how old is the encroachment?"
If it is only a few years old, then there is not likely to be much that can happen, but there may be a liability issue from whoever did the work.
If the encroachment dates to when the property was first surveyed and there is no evidence that the encroachment was ever noted, and if rates have been paid on whatever encroaches, then there can be a claim for adverse possession. What helps to claim adverse possession are:
Is the property limited as to parcels? If yes and the fence dates back to when the title was first created, there is a good case to claim the extra land.
Were the boundaries determined by a transfer document? If yes, the boundary was probably not surveyed and so there could be a good case to move the boundary.
Have you been paying rates on the land? for example a garage or a swimming pool that end up on a neighbouring property. You may also have a case for adverse possession.
If a. - c. do not apply then you may be allowed to keep some of the land, such as where a house encroaches.
In all cases I strongly suggest you speak to us before things go too far.
How do I know the fence is going in the right place?
The only way to be sure if the fence is going in the right place is to find the old survey pegs (and be sure that you agree that they are reliable), alternative engage a Licensed Cadastral Surveyor to partake in a redefinition survey of the relevant boundary being resurveyed.
The staff at Absolute Land Solutions can help you to identify your boundaries to make sure the fence is going in the right place. For details about contacting us, please click here.
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Phone Int: 0064 3 212 7733 Phone Southland: (03) 212 7733 Phone Otago: (03) 454 4808 Phone Auckland: 027 237 5011 Email: als(at)absolutelandsolutions.co.nz Last Update Thursday, 10 September 2009. Copyright © Absolute Land Solutions Limited |
Disclaimer |
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www.absolutelandsolutions.co.nz is a website established by Absolute Land Solutions Limited to provide information about our services. If you have specific planning or surveying queries, you should contact us directly either by phone or email so that we can give you correct and up to date information specific to for your project. |