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Auckland Transport

Removal of building line restrictions Removal of building line restrictions

A building line restriction (BLR) is shown on the Record of Title for a property. The registered owner can apply to have the BLR removed from the Record of Title.

Eligibility to apply

Only the registered owner can apply for the removal of a BLR.

The registered owner can appoint an agent to apply on their behalf. This requires written authority from the registered owner to act.

Cross lease properties

Each registered owner at the cross lease property must apply to remove the BLR.

Purchasing a property with a BLR

If you are purchasing a property but are not yet the registered owner, you are not eligible to apply. 

Auckland Transport is not able to confirm if the BLR can be removed before the purchase of a property.

About BLRs

A BLR restricts building inside the property boundary within the distance specified on the BLR document.

BLRs are put in place to allow for future public works, for example road-widening.

The BLR on a Record of Title may have been placed there many years ago. This restriction is still enforceable while the BLR is on the Record of Title.

If you have a query regarding the existing BLR please contact Land Information New Zealand (LINZ), or ask your solicitor or conveyancer.


Removing a BLR is a two-part process


Part 1 – Apply for Certificate of Cancellation

  • The registered owner applies to Auckland Transport (AT) to obtain a Certificate of Cancellation.
  • In some cases, AT requires the BLR to remain on the Record of Title, and the application will be declined. The registered owner or agent will be notified of the decision in writing.
  • If the application is successful, the original signed Certificate of Cancellation will be posted to the registered owner or agent.

Part 2 – Lodge request to remove BLR

  • Auckland Transport is not involved in Part 2 of the process to remove a BLR.
  • If a Certificate of Cancellation is issued, the registered owner can engage their solicitor or conveyancer to lodge the Certificate of Cancellation with Land Information New Zealand (LINZ) to have the BLR removed from the Record of Title.

Cost

Part 1 – A non-refundable deposit of $200 (including GST) is required at the time of submitting the application for a Certificate of Cancellation. This is non-refundable regardless of the outcome.

Part 2 – If the Certificate of Cancellation is issued, there are legal fees associated with having the BLR removed from the Record of Title. These legal fees are not covered by Auckland Transport. Please enquire with your solicitor or conveyancer regarding their fees.


Apply for Certificate of Cancellation


The processing time is approximately 20 working days from receipt of the application.

AT investigates each application to determine if the land may be required for future public works including road-widening, and to consider any safety issues. AT departments assess the requirement for the BLR.

AT may request further information. If the information is not received within three months of the request being made, the application will lapse, and a new application will be required.

Download and print application form

Required files with your application

  • Record of Title of affected property (search copy dated within past 30 days)
  • Building Line Restriction document

Auckland Transport does not supply these documents. To obtain these documents contact your solicitor or conveyancer.

Payment

Auckland Transport requires the non-refundable fixed-fee of $200 (including GST) to be paid with an application.

Payment can be made by cheque or internet banking - details are on the application form.

Post your application to Auckland Transport

The completed application form and required documents must be posted to Auckland Transport.

At this time we are only able to receive applications by post. We cannot receive them by email, courier or personal delivery. Auckland Council is not able to accept your application or payment.

Post to:
Auckland Transport
Attn: Technical Property Services
Private Bag 92250
Auckland 1142