Road encroachment licences or leases Road encroachment licences or leases

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.

Supporting documents required are outlined in Appendix 1 of the guidelines.

The registered owner must arrange for the preparation of plans specified in the guidelines. The guidelines are not comprehensive and additional reports/drawings may be requested during Part 3 of the encroachment process.

Please note: Building consent or resource consent documentation does not accurately reflect sufficient detail for the encroachment. A request for further information delays the processing time to assess the encroachment in relation to the boundary of the adjoining land and the legal road.

Consent from affected landowners (Frontage breach)

If your project crosses your neighbour’s boundary, adjoining owner consent will be required with the encroachment application. Completed Affected Landowner Consent form(s) and required documentation (if applicable) will need to be included with the encroachment licence application.

The application 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. 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 specifically consents to a more limited form of access.

Consent from utility operators

Where an encroachment crosses over an area where existing utilities are located or are within close proximity, then 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 registered owner will need to pay for the preparation of the supporting plans and other supporting documents.

Part 2 - Apply to Auckland Transport for an encroachment licence

Only the registered owner of the adjoining land can apply for an encroachment licence.

The registered owner of the adjoining land can appoint a consultant (e.g. a planner, lawyer or other person acting on their behalf). Written authority from the registered owner 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 is required at the time of submitting the encroachment licence application. This is non-refundable regardless of the delegated decision in Part 3.

Part 3 - Auckland Transport evaluates the encroachment application

Each application is considered against the Road Encroachment policy and guidelines for encroachment licences. Feedback and comments are collated from multiple departments at 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 registered owner or their consultant will be asked for it. If the supporting information is not provided within three months, your application may lapse and a new application may be required.

Following consideration of the application if your application is successful a delegated decision will be made to support the application as proposed and proceed to Part 4

What happens if the application is not supported by AT?

AT will send a letter to the registered owner (or their consultant) and advise that the application has not been supported outlining the reasons why this decision has been made. There is no right of appeal to the decision, which is final.

Cost of Part 3

Every endeavour is made to capture the AT evaluation process within the cost of the application fee. An additional invoice will be raised if the cost of processing exceeds the application fee. Should the application be of such a complex nature that it will exceed our standard fee, an update will be provided.

Part 4 - Completing the legal approval process (Encumbrance and/or Licence)

AT (or their solicitors) will prepare the licence documentation and/or encumbrance documentation.

The licence and registered encumbrance key terms are provided within Appendix 2 of the guidelines for road encroachment licences.

Once the licence is executed and the encumbrance has been registered on the Record of title to the adjoining property, AT consent is formalised.

The encumbrance must be secured by a first ranking encumbrance on the Title. The encumbrance ensures that the adjoining landowner is responsible for the ongoing repair and maintenance of the authorised encroachment.

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 for 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. 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 licence has been signed and the encumbrance has been registered on the Record of Title to the adjoining property, this ensures that the adjoining owner (and future owner(s)) is responsible for the ongoing repair and maintenance of the encroachment at their own cost.

Ongoing licence fee – in some cases an annual licence fee is required to be paid to AT for the use of the road corridor. The annual licence fee is invoiced when the licence is signed and then each year in advance (unless otherwise defined).