Building line restrictions are generally put in place to allow for future road-widening where a road adjoining a property is narrower than usual. Under certain circumstances, Auckland Transport (AT) will consider removing these restrictions.
Building line restrictions are normally shown on the Certificate of Title for the land as a registered interest and usually mean that building work is restricted a certain distance from the property boundary adjoining a road.
However, building line restrictions are sometimes shown as designations under the District Plan and are not registered against a property's individual title. In these cases, this application process does not apply.
Applying for consent to remove a building line restriction
If you apply, you are expected to meet all AT's costs, including survey and legal costs.
Who can apply
Normally, only the current landowners can apply for the removal of a building line restriction/caveat.
Step 1. Initial enquiry
Make an initial enquiry to AT to see if we will consider removing the building line restriction/caveat.
Step 2. Formal application
If the initial enquiry is confirmed by AT, then you can submit a formal application.
Also required with your application
- Certificate of Title of affected property (search copy dated within past 30 days)*.
- Copy of Deposited Plan*.
- Building Line Restriction document*.
- Site plan of proposed development (if applicable).
- Non-refundable deposit of $200 (inc. GST) - contact us to discuss payment options.
* These documents/plans can be obtained from Land Information NZ.
Additionally, you may be required to obtain building and/or resource consents from Auckland Council, who are the regulatory authority, and signed consents from any other parties with a registered interest in the land.
Send your completed application to:
Auckland Transport (Attn: Property Department),
Private Bag 92250,
Step 3. Approval
If your application is successful, you will be given a copy of a resolution by AT that gives approval to the removal. This allows your solicitor to apply to have restriction uplifted to the District Land Registrar.
Note: AT reserves the right to exercise its discretion not to proceed with the removal of the building line restriction/caveat at any point during the application process.
Consent to remove a building line restriction or caveat by AT does not constitute regulatory approval to place objects that encroach on the legal road corridor (this includes the berm, footpath and road).