By Myles Goodwin, Rural Subdivision Expert and Environmental Director, Cato Bolam Consultants.
Boundary adjustments are a practical solution when property owners wish to exchange land between neighbouring properties. Whether it’s to align property boundaries with natural features, purchase additional land for farming or lifestyle, or provide alternative access routes, boundary adjustments offer flexibility. Here’s what you need to know.
What are boundary adjustments?
Boundary adjustments are when one property exchanges land with another. Under the Auckland Unitary Plan, boundary adjustments involving up to 10% of the smaller site are classified as a “Controlled Activity.” This means that Council must grant consent, though they can impose reasonable conditions. Adjustments involving more than 10% require closer scrutiny to assess their potential effects.
Key Considerations and Limitations
A crucial principle of boundary adjustments is that they cannot increase the subdivision potential of either property. This means a boundary adjustment cannot be used to create additional titles or alter other development aspects, such as the number of possible dwellings. For example, if a property title is too small to support a dwelling, a boundary adjustment cannot be used to make it large enough for one. Similarly, if a title is flood-prone or too steep for a safe building site, boundaries cannot be adjusted to create a buildable area. In such cases, the adjustment would be viewed as creating a new title, as it would enable the construction of an additional dwelling.
Practical Challenges
While the concept of boundary adjustments is straightforward, the process can become complicated. In rural areas, Council’s primary concern is whether the adjustment will negatively impact rural productivity. As a result, proposals often require a report from a professional land-use consultant to demonstrate that no adverse effects will occur. Even with supporting documentation, the Council may not always agree that there is no impact on productivity.
Another common scenario involves property owners with two or more larger titles. They may wish to sell one for income while retaining most of the land for farming. In such cases, a boundary adjustment could reduce the size of one title to 1 hectare, allowing it to be sold while keeping the remaining land in production. Council has approved such adjustments in the past, as long as the smaller title is part of an existing cluster of smaller properties. Each situation, however, is unique and requires individual assessment.
Countryside Living Zones
In Countryside Living zones, boundary adjustments can be used to exchange land between titles. Since subdivision potential in these zones depends on land area, an exchange may result in one property gaining an additional right to subdivide while the other loses one. Council typically views this as a “non-complying” activity, as one property gains an extra subdivision right. However, if the other property loses an equivalent right, the Council may approve the adjustment, as it maintains the overall balance of development rights. Again, each case requires a site-specific evaluation.
Considering a boundary adjustment?
Boundary adjustments offer a way to exchange land between properties, but not all proposals will be supported by the Council. If you’re considering a boundary adjustment, contact us to discuss your individual situation. We can help assess whether your proposal is likely to be approved by the Council.
We’re here to help!
Our rural subdivision experts are available to provide support and guidance, helping you make informed decisions about the future of your property.
Contact Myles Goodwin and the Cato Bolam team.
Learn more about our Rural Subdivision Services.
