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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

83: Owner may apply for entry to be removed

You could also call this:

“You can ask to remove the note about your building if things have changed or you no longer need it.”

You can ask for an entry to be removed if you own a building that was built across two or more pieces of land. This applies if the building has been taken down, destroyed, or if the land boundaries have changed so the building is now on just one piece of land. It also applies if other things have changed.

To remove the entry, you need to ask your local council for approval. If they say yes, they will give you a certificate that both you and the council need to sign. You then need to give this certificate to the Registrar-General of Land.

When the Registrar-General gets the certificate, they will update the records for each piece of land involved. They will also update any mortgages or charges that were extended to cover the extra land.

If there were mortgages or charges on the extra land, these will no longer apply once the records are updated.

You can also ask to remove an entry if the rules were applied by mistake in the first place. The process for this is similar to asking for a normal removal.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM306831.

Topics:
Housing and property > Home safety and repairs
Housing and property > Land use
Government and voting > Local councils
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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

83Owner may apply for entry to be removed

  1. This section applies if—

  2. the requirements of sections 75 to 81 or the requirements of section 643(1) to (6) of the Local Government Act 1974 or any previous enactments were met to enable a building to be built on 2 or more allotments; and
    1. any of the following applies:
      1. the building is removed, demolished, or destroyed; or
        1. the boundaries of the allotments are adjusted in a manner that results in the building being contained entirely within the boundaries of 1 allotment; or
          1. circumstances have otherwise changed.

          2. The owner may apply to a territorial authority for approval for the entry under section 78 to be removed.

          3. If the territorial authority decides to approve the removal of the entry,—

          4. the decision of the territorial authority must be set out in a certificate that is—
            1. authenticated by the territorial authority; and
              1. signed by the owner; and
              2. the certificate must be lodged with the Registrar-General of Land.

                1. If a certificate referred to in subsection (3)(b) is lodged with the Registrar-General of Land, he or she must record an appropriate entry on—

                2. the record of title for each allotment or part of the allotment; and
                  1. any mortgage or charge whose application was extended to additional land under section 80.

                    1. If subsection (4)(b) applies, any mortgage or charge whose application was extended to additional land under section 80 ceases to apply to that additional land.

                    2. Repealed

                    3. Subsections (2) and (3) apply, with any necessary modifications, to any request by an owner of land if the requirements of section 643(1) to (6) of the Local Government Act 1974 or any previous enactment or sections 75 to 81 were applied in error.

                    Compare
                      Notes
                      • Section 83(4)(a): amended, on , by section 250 of the Land Transfer Act 2017 (2017 No 30).
                      • Section 83(4)(b): amended, on , by section 250 of the Land Transfer Act 2017 (2017 No 30).
                      • Section 83(5): amended, on , by section 250 of the Land Transfer Act 2017 (2017 No 30).
                      • Section 83(6): repealed, on , by section 250 of the Land Transfer Act 2017 (2017 No 30).