A recent Certificate of Title (usually a title that has been issued within 3 months) is required to accompany every application for resource and building consent. It is useful to know what sort of information can be contained within a Certificate of Title because some councils require that documents relating to this additional information be provided when lodging a resource or building consent. Generally if this additional information is not provided, the council may consider that your application is ‘incomplete’ and will return it to you. This delays the processing of your consent until you can provide the missing information and return the whole application back to council.
Some information that can be contained on a Certificate of Title is as follows:
Limited to Parcels
This is common on older Certificates of Title (such as on land subdivided in the late 1800’s to early 1900’s) which may not have surveyed properly. If your title has the words ‘Limited to Parcels’ on it (if applicable this wording will be located below the main heading at the top of the page) and your application involves building works in close proximity to a property boundary you will most likely also need to submit with your resource consent application, a letter or certificate from a qualified surveyor that confirms that the proposed building works will not create any non-compliances with the District Plan (i.e. the letter or certificate will state that if the property were to be surveyed accurately the proposed works would not create any non-compliances with the District Plan rules by being located too close to a boundary).
Building Line Restrictions
If there is a building line restriction registered on your Certificate of Title this usually means that building works are restricted a certain distance from the boundary of the property adjoining a road. If this applies to your property you will need to request the relevant document to establish the details of the restriction. You can do this by purchasing the relevant interest on Cheap Titles and quoting the relevant building line restriction number – this will be adjacent to the words ‘Building Line Restriction’ on the Certificate of Title document. You will need to do this as, although these are largely historic building line restrictions, they still have legal effect and generally council will require that you either comply with the building line restriction or apply to remove the restriction (by making a formal written application under section 327A of the Local Government Act). If you want to undertake building works in an area affected by a building line restriction it is recommended that you contact Cindy for assistance with the relevant application to council.
Easements are very common on Certificates of Title and generally provide for access over other properties for physical infrastructure such as roading and water/gas/electricity lines. If there is an easement registered on your Certificate of Title it is recommended that you obtain the relevant details of any easements that apply to your property, as easements may contain conditions that are relevant for any proposed building works. You can obtain an easement by purchasing the relevant interest on Cheap Titles and quoting the relevant easement number – this will be adjacent to the relevant Easement on the Certificate of Title document.
Encumbrances/Covenants (primarily council ones)
Encumbrances or covenants can relate to both private agreements between parties and restrictions placed on a Certificate of Title by council. Generally, for a building or resource consent, council will only be interested in the latter. It is again recommended that you obtain the details of any such encumbrance or covenant as these may affect the building works proposed. You can obtain the relevant encumbrance or covenant by purchasing the relevant interest on Cheap Titles and quoting the relevant encumbrance/covenant number – this will be adjacent to the relevant Encumbrance or Covenant on the Certificate of Title document.
Consent notices can restrict certain activities and buildings (including the establishment of commercial uses, the number of homes on a property, the number and location of accessory buildings, garages and decks). Accordingly, it is recommended that any consent notices listed on a title be obtained in case these have a significant affect on the proposed building works.You can obtain the relevant consent notice by purchasing the relevant notice on Cheap Titles and quoting the relevant consent notice number – this will be adjacent to the relevant Consent Notice on the Certificate of Title document.