Cross Lease Flats Plan
A cross lease flats plan is a plan prepared by a licensed surveyor and lodged with Land Information New Zealand (LINZ). It shows your legal property boundaries, as well as any areas relevant to your lease documents such as buildings, exclusive use areas, and common areas. Your flats plan should be read in conjunction with your property title, as it describes the rights described in the title document.
When do I need to update a cross lease flats plan?
It is recommended that your cross lease flats plan and title document are kept up to date as often as possible. As legal documents, they outline the areas of your property over which you exercise exclusive use. Having these up to date removes any potential for uncertainty with your co-lease holders.
If your cross lease flats plan is not up to date, and the building outlines don’t match those on your plan, then your title will be noted as a deficient cross lease title. This could cause issues in gaining property insurance or securing lending against your property.
So, if you have recently made changes to the property, it’s best to double-check your cross lease flats plan, especially if you are planning to sell your property in the future. Selling your property with a deficient title can cause uncertainty during the sale by reducing the number of potential buyers, and can even lower the potential sale value.
If you think your title is deficient, or you are planning to make changes to your property, including building extensions, contact our friendly team now.
How can I update my cross lease flats plan?
Your cross lease flats plan can be updated by one of our experienced licensed surveyors. The process is outlined below:
Council Consent Application – We survey your property and take this information to prepare the updated cross lease flats plan. With the updated flats plan ready, we then lodge a minor resource consent application with the council.
Completion Conditions – With an approved consent, we can generally lodge for 223 and 224F certificates straight away. The 223 certificate confirms that the flats plan matches with that approved by the council, while the 224F confirms that all consent conditions have been complied with.
Survey Plan and Titles Documents Lodged – Once the 223 and 224F certificates have been approved, we can lodge the survey plan with LINZ for review and approval. Your solicitors are also able to lodge the updated title documents with LINZ.
The three steps above can take four months to complete, but the timeframe is dependent on council and LINZ processing times, which can vary depending on how busy they are.
For all enquiries, contact our expert land surveying team today!