Update your flats plan
If the existing building outlines on your section don't match what's shown on your latest flats plan, then you highly likely have what is termed a “defective title”.
What is a defective title?
If the buildings on-site do not match your cross-lease flats plan, then your title is probably defective. We can undertake a check on this for you. If this is the case, you can either rectify the cross-lease flats plan or even better, convert your property to a fee-simple title.
It is important to note that the building consent authorizing the construction of the additions or new building does not automatically update the cross-lease title, so rectifying a defective title requires a full subdivision process through Council and LINZ. It is not a 10-minute job and can take several months to go through the required Council, survey & legal processes.
What you need to know
About updating a Flats Plan
CONSENT
Under current legislation, any lease that is in excess of 35 years is considered a form of subdivision, so the updating of a Flats Plan requires a subdivision consent from Council.
AGREEMENT
Even though only one flat may be defective, all landowners on all cross-lease titles become signatories to the process, and need to be in agreement prior to commencing.
ALTERATIONS
The property still remains a cross lease with the same constraints and control from neighbours, and any further additions or alterations to the building outlines would require the same process again to rectify.
What is the process To update a defective cross-lease flats plan?
It is important to note that the building consent authorizing the construction of the additions or new building does not automatically update the cross-lease title, so rectifying a defective title requires a full subdivision process through Council and LINZ.
It is not a 10-minute job but can take several months to go through the required system.
Updating a Flat Plan Estimated Timeline
Step 1
- Lawyer investigates titles and existing leases.
- Site measure up
- Preparation of scheme plan
- Scheme plan to client for approval
Estimated Timeframe
Approx. 4 - 6 weeks
Step 2
- Preparation of council application
- Council application submitted
- Council consent approved and sent to client
- Pre calculations in office
- Prepare Esurvey dataset
Estimated Timeframe
Approx. 4 - 6 weeks
Step 3
- Plan proceeds through internal QA process
- Requests 223 Certificate once all required easements are
confirmed.
Estimated Timeframe
Approx. 4 - 6 weeks
Step 4
- Lodge plan with LINZ (Land Information New Zealand)
- Request 224 Certificate
- Survus work is now completed
Estimated Timeframe
Approx. 4 - 6 weeks
Step 5
- Lawyer seeks consent from your mortgagee for the change.
- You & your neighbours sign new paperwork with lawyer
- Lawyer requests new titles
- New titles issued
Estimated Timeframe
Approx. 4 weeks*
*Notes:
- The timeframes given are subject to being able to access the site, the client’s timeframes for response, and bank and LINZ timeframes.
- The above timeframes reflect standard / statutory timeframes. Currently we are finding that councils, banks and LINZ are taking up to 4 times longer than their usual timeframes to process transactions.
Frequently asked questions
If the buildings on-site do not match your cross-lease flats plan, then your title is probably defective. If this is the case then we advise that you either rectify the cross-lease flats plan, or even better, convert your property to a fee-simple title. Although the conversion to fee-simple is more expensive than an updated cross-lease plan, in most cases we strongly recommend converting cross-lease properties to freehold, particularly in the Auckland area, due to the often significant uplift in values.
Is updating your flats plan the right thing for you?
Give our expert team a call and we can talk you through all your options and give ball park costs.
17 Esmonde Road, Takapuna, Auckland 0622
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