AT is the council-controlled organisation responsible for the management of the road corridor. AT approval for road encroachments is required under section 357(1) of the Local Government Act 1974 and Part 3 of the Auckland Transport Activities in the Road Corridor Bylaw 2022. While encroachments are not encouraged, in some circumstances an encroachment approval may be granted.
Please note that our processing timeframes are currently longer than usual due to heavy workloads and staff absences.
Reason an adjoining owner needs an encroachment approval
You will need to apply for an encroachment approval if you intend to place any structure, object, work of any kind, or tree or plant on the surface or in the airspace or subsoil of the road corridor.
Common examples of an encroachment are canopies, retaining walls, and temporary ground anchors.
An encroachment approval may be recorded in an encumbrance registered against the record of title to the adjoining owner’s land.
The types of encroachment that are likely or highly unlikely to be considered are explained in the Guidelines for Road Encroachment Licences (Guidelines).
An application must meet the setback, clearances, and other specifications provided in Appendix 1 of the Guidelines.
Additional consents from Auckland Council (building consent, resource consent, and engineering plan approval) and from AT (Vehicle Crossing Application and Corridor Access Request) may also be required.
The Guidelines describe the principles and requirements AT considers when processing an encroachment application.
Please note that AT is not currently accepting encroachment applications for EV chargers. Visit the Public EV chargers webpage for more information.
Encroachment application process
An encroachment application is distributed to multiple teams within AT for consideration and feedback. The approval process usually takes 3 months from the date complete information has been received, including detailed drawings, although complex applications may take longer.
Part 1 - Prepare supporting documents
AT is not involved in Part 1.
Wherever practical, applicants wishing to use a portion of the road corridor should first attempt to use their own land or make arrangements with other private parties.
The supporting documents required are outlined in Appendix 1 of the Guidelines.
The applicant must arrange for the preparation of plans as set out in the Guidelines. The Guidelines are not comprehensive and additional reports/drawings may be requested during Part 3 of the encroachment application process.
Please note: Building consent or resource consent documentation may not provide sufficient detail for an encroachment application. A request for further information will delay processing time to assess the encroachment application.
Consent from affected landowners (frontage breach)
If your project crosses your neighbour’s boundary, adjoining owner consent will be required with the encroachment application. A completed Affected Landowner Consent Form(s) and required documentation (if applicable) will need to be included with the encroachment application.
A link to the Affected Landowner Consent Form is included in the application form section below.
AT is required to take into consideration a landowner’s common-law right that the landowner adjoining a road has a right of access to the road. The landowner’s access to a road needs to be sufficient to allow them to exercise their public right to pass and repass along the road, now and in the future.
Where an encroachment crosses over in front of another landowner’s boundary, AT recognises that the landowner’s frontage right must be protected.
AT can deviate from this position where the affected landowner expressly consents to a more limited form of access. In these cases, AT may require that a land covenant, recording the agreement of the affected landowner and their successors in title, is registered against the record of title to their property.
Consent from utility operators
Where an encroachment crosses over an area where existing utilities are located or are within close proximity, consent from utility providers will also be required. This is normally presented in the form of a letter from the utility provider.
Cost of Part 1
The applicant will need to pay for the preparation of supporting plans and other documents.
Part 2 - Apply to Auckland Transport for an encroachment approval
Usually only the registered owner of the land adjoining the road corridor can apply for an encroachment approval.
The registered owner of the adjoining land can appoint a consultant (such as a planner, lawyer or other person) to act on their behalf. Written authority from the applicant is required.
Application form and how to submit
The form and details on how to pay and submit your application are provided in the section at the bottom of this page.
Cost of Part 2
Payment of the application fee (which may be a fee deposit, see below) is required at the time of submitting the encroachment application.
Part 3 - Auckland Transport evaluates the encroachment application
Each application is considered against the Guidelines. Feedback and comments are collated from multiple departments within AT.
During the evaluation phase, a request to consider practical alternatives may be required. This may require a re-design of the proposal.
If more information is needed to process the application, the applicant or their consultant will be asked to provide it. If the supporting information is not provided within 3 months, the application may lapse and a new application may be required.
If the application is successful, a delegated decision will be made to approve the application, and an approval letter, with conditions, will be sent to the applicant.
What happens if the application is not approved by AT?
AT will send a letter to the applicant (or their consultant) to advise that the application has not been approved and set out the reasons why.
Cost of Part 3
Every endeavour is made to capture the AT evaluation process within the cost of the application fee. If the application fee type is a fee deposit, additional invoices will be raised if the cost of processing exceeds the application fee deposit.
Part 4 - Encroachment licence and encumbrance
If the approval letter requires the applicant to enter into an encroachment licence and/or a first ranking encumbrance with AT, AT (or its solicitors) will prepare the licence and/or encumbrance and provide them to the applicant or their solicitors for review.
The licence will then be signed, and the encumbrance will be registered against the record of title to the adjoining property. Any other conditions set out in AT’s approval letter, such as the provision of producer statements, will also need to be satisfied.
Cost of Part 4
There are fees associated with having the licence and encumbrance documentation prepared for registration against the record of title. These fees are not covered by AT.
You are also responsible for paying your own legal fees to review the documents and arrange for signing.
Part 5 - Building the encroachment
Ensure the building is built according to the plans submitted to AT and the conditions set out in AT’s approval letter (and licence and/or encumbrance, if applicable). Additional consents from Auckland Council (building consent, resource consent, and engineering plan approval) and from AT (Vehicle Crossing Application and Corridor Access Request) may also be required.
Part 6 - Once the encroachment has been built
Once the encroachment has been built, you will need to supply any documents set out in the approval letter (or licence or encumbrance), such as producer statements, code compliance certificate, and as-built plans.
The approval letter, licence or encumbrance will set out your ongoing maintenance and inspection obligations. You may also be required to pay a licence fee to AT.
Buying or selling a property with a road encroachment
When buying a property with an existing encroachment approval, an encumbrance may be recorded on the record of title for the property, or an approval letter may be lodged against the property file with Auckland Council.
You will need to check the encumbrance and the terms of the approval letter, as AT’s consent may be required in order to transfer the approval or an encroachment licence to the purchaser.
If you discover an unauthorised encroachment
AT does not have resource to investigate all existing unauthorised road encroachments. AT may:
- require that the encroachment be removed
- allow an unauthorised encroachment to remain if there are no safety issues and the principles and requirements in the Guidelines are not compromised or
- require the owner to apply for an encroachment approval.
When the encumbrance can be removed
When the encroachment has been removed and the underlying land has been reinstated, evidence can be submitted and, upon AT consent, the encumbrance can be discharged from the record of title to the adjoining property.
We offer the option of a pre-application meeting with one of our team to discuss an encroachment. A pre-application meeting attracts a fee to cover our administration costs.
You will need to make an application to AT for administrative matters under an existing approval, licence or encumbrance, such as a simple variation of an existing lease, licence or encumbrance; providing a consent or approval under an existing encroachment approval; or providing licensor, lessor, encumbrance, covenantee or caveator consent.
Allow at least 30 working days for processing from the date we receive your completed application.
If AT needs to visit a site to inspect an encroachment, an inspection fee will apply.
The following encroachment fee deposits and fees apply from 1 October 2023. For the terms and conditions applicable to encroachment approval and encroachment administration applications and fees, please see schedule 1 of the encroachment approval and encroachment administration application forms.
|TYPE||DESCRIPTION||FEE (INCL GST)|
|Minor encroachment||Small-scale and simple works on the surface or in the subsoil or airspace of the road, such as bollards and simple residential concrete pathways||$690 (fee deposit)|
|Standard encroachment||Works on the surface or in the subsoil or airspace of the road, such as canopies, retaining walls, steps, simple architectural features, and other reasonably straightforward structures||$1,725 (fee deposit)|
|Major encroachment||More complex or high-risk works on the surface or in the subsoil or airspace of the road, such as ground anchors, parking platforms, substantial retaining walls and batters, and private accessways in paper roads||$2,875 (fee deposit)|
|Encroachment administration||Administrative matters, such as a simple variation of an existing lease, licence or encumbrance; providing a consent or approval under an existing encroachment approval; or providing licensor, lessor, encumbrancee, covenantee or caveator consent||$402.50 (fee deposit)|
|Site visit, inspection or post-approval monitoring||Fee per general site visit, general inspection or post-approval monitoring inspection for works encroaching into the road||$220 (fixed fee)|
|Pre-application meeting||One-hour meeting with AT staff||$345 (fixed fee)|
Complete and submit your application
The application must include:
- Completed application form
- Supporting documents, as outlined in the application form and in Appendix 1 of the Guidelines
- Payment of the application fee or fee deposit.
Auckland Council is not able to accept your application or payment.
Submit your application
Email the application as a PDF to email@example.com
Please attach separate PDF files of the completed application form, record of title, and each supporting document set.
Postal applications are also accepted. Mail your application to:
Attn: Technical Property Services
Private Bag 92250