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Subdivision and Property Development
The legal aspects of subdivision and property development can extend from involvement in a fairly “simple” boundary adjustment between adjacent land, through to the creation of multi unit highrise structures under the Unit Titles Act, through to the development of new green field subdivisions with many constructed lots over many stages.
At Brian Ranford & Susie Mills, Kapiti Law, we have the experience and knowledge to act for developers of all sizes of subdivisions, working closely with their Surveyors, project managers, their sales team, and dealing with formations of Body Corporates and/or Residents Associations in complex subdivisions.
Our Role
From the initial purchase stage through to the end sale there is a requirement for legal input in each progressive stage of a subdivision development. Those stages typically may include:
1. Initial acquisition of land - where it is for development, consideration needs to be given to any potential restrictions on development; whether a land use consent is likely to be available as of right or will involve consent of effected parties; explaining the effect of conditions attached to a subdivision consent; the timeframe around development which effects holding costs; the financing of both the acquisition and the development; the nature of the development ie fee simple lots/unit title developments and the treatment of common facilities.
2. Initial stages of development - working with the Surveyor; perusal of scheme plans and Council consents; preparation of a development sales and purchase agreement which has all the necessary additional clauses to give the developer flexibility but at the same time be attractive to a purchaser; drafting rules of Body Corporates or constitutions of Residents Associations; drafting covenants to be registered against the land.
3. Once all necessary consents have been obtained, preparing the subdivision documentation which includes registering consent notices, covenants, creation of legal easements (e.g. rights of way, telecommunication, electricity, gas, water and sewerage easements) and obtaining titles to the lots/units.
4. Sale settlements including settling unconditional sale contracts on issue of title and where necessary, assisting with management issues around multiunit ownership such as setting up the interim Body Corporate. A legal adviser who is experienced in subdivision and property development matters is essential when working through the above process, even if it only relates to the creation of one additional lot.
Having a Lawyer experienced in dealing with Council, with Surveyors and with all other professionals involved in the process is vital to making the often lengthy and expensive process of property subdivision run smoothly.
At Brian Ranford & Susie Mills, Kapiti Law, we are committed to provide that service in a timely and well communicated manner.
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