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Building Act 2004

Building - Building work—Project information memoranda and building consents - Limitations and restrictions on building consents: Construction of building on 2 or more allotments

75: Construction of building on 2 or more allotments

You could also call this:

“Rules for building on more than one piece of land owned by the same person”

This section applies when you want to build a building on land that is made up of two or more separate pieces (called allotments) that you own. It doesn’t matter if these pieces of land are on the same title or not.

If you apply for information about your building project or for permission to build, the local council (called the territorial authority) must give you a certificate. This certificate will say that for you to get permission to build, you can’t sell or rent out some of the pieces of land by themselves. The council will decide which pieces of land this applies to. You can only sell or rent these pieces of land together with other specific pieces that the council names.

This rule is in place to make sure that the land your building is on stays together as one property, even if it’s made up of separate pieces.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM306823.

Topics:
Housing and property > Home safety and repairs
Housing and property > Land use
Government and voting > Local councils
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“The law allows exceptions to the rule about building on multiple pieces of land in some special cases.”

Part 2 Building
Building work—Project information memoranda and building consents: Limitations and restrictions on building consents: Construction of building on 2 or more allotments

75Construction of building on 2 or more allotments

  1. This section applies if—

  2. an application for a project information memorandum or for a building consent relates to the construction of a building on land that is comprised, or partly comprised, of 2 or more allotments of 1 or more existing subdivisions (whether comprised in the same record of title or not); and
    1. those allotments are held by the owner in fee simple.

      1. The territorial authority must issue a certificate that states that, as a condition of the grant of a building consent for the building work to which the application relates, 1 or more of those allotments specified by the territorial authority (the specified allotments) must not be transferred or leased except in conjunction with any specified other or others of those allotments.

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        Notes
        • Section 75(1)(a): amended, on , by section 250 of the Land Transfer Act 2017 (2017 No 30).
        • Section 75(1)(a): amended, on , by section 22(1) of the Building Amendment Act 2009 (2009 No 25).
        • Section 75(2): replaced, on , by section 22(2) of the Building Amendment Act 2009 (2009 No 25).