Why do we need to provide a Certificate of Title?
The Building Act requires the owner to make the building consent application. To confirm ownership of the land on which the building work will be carried out requires a copy of a certificate of title.
A certificate of title (CT) can be obtained from Land Information New Zealand for a fee of $15.00. This is the only form of CT that will be accepted by council as alternative sources to do not disclose the full information required.
In addition to providing proof of ownership, the CT also confirms the current proprietor/s, allotment details, registered rights and restrictions e.g. mortgage, easements and covenants that may have an effect on the proposed building work. The title also includes a plan or diagram of the land with easement details noted.
A CT for the underlying property will still be requested when the property is a new development with title not yet issued in the names on the Sales & Purchase agreement.
Once the title has been issued in the new owners name(s), a copy of this will need to be provided with the application for the code compliance certificate.
- Covenant - an agreement between two parties that requires one party to do, or refrain from doing, certain activities. Usually registered on the CT to the land.
- Easement - allows one property the right to use (but not own) a defined portion of another property. Easement may relate to drain, power or telephone cables, or rights of ways (driveways).