How 40ha Subdivision Entitlements Work
A 40ha subdivision is when you obtain an entitlement to subdivide from having at least 80ha in a single title making up your property. For example, you may have a 95ha farm and which gives you one 40ha entitlement to be used for a separate title and one 40ha entitlement which must stay with the balance of the farm. Another example may be a 260ha farm, which would give you five 40ha entitlements to subdivide and a balance block of 60ha.
What are the rules for 40ha subdivision?
The Waipa District Plan has some specific rules around 40ha subdivision, the first is that the subdivision can only be undertaken once on the title/that same piece of land. Consent notices would be registered on the titles flagging the use of the entitlements and preventing the use of them again. Secondly, you cannot amalgamate, or boundary relocate existing titles to get 80ha to obtain entitlements.
It is important to note that 40ha entitlements do not have to be created as 40ha allotments. You can create them as any size you like provided they are at least 5,000m2. For example, if you had an 80ha farm you may wish to have a 5,000m2 lot and a 79.5ha balance farm, rather than two 40ha lots. Council can become concerned with the rural productivity implications if farms are split into a 5, 10 or 20ha lot, for example, and a strong preference is often a small rural residential lot and a large balance lot where possible.
National Policy Statement for Highly Productive Land and Subdivision
The National Policy Statement for Highly Productive Land (NPS-HPL) also controls the location and the use of 40ha entitlements when part of the property contains highly productive land (i.e Class 1 to 3) and is in the Rural Zone. The NPS-HPL requires any subdivision to avoid a loss of highly productive land, which may mean there is a limitation on how the titles can be utilised on the parent property regardless of how the land is currently being farmed. Cogswell staff can advise further on the use of these entitlements.
Our Subdivision Process - What to Expect
Cogswell prepares the subdivision application.
A topographical survey of the property is completed.
The subdivision application is submitted to Council.
Council processes the consent application.
If approved, the consent is issued with a number of conditions.
A consent notice is typically applied as a condition, limiting any further 40ha subdivision.
What Our Clients Say
5 from 32 Google reviews
I highly recommend the Cogswell team for anyone looking for professional, efficient, and supportive guidance through subdivision projects.
Coming into this project with no knowledge, Pete and his team have given us all the confidence in the world and made each part of the process simple. Super efficient, effective, and always available for a chat, they have great business practises and ethics. It’s been a privilege to be part of their community.
