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Auckland Transport

Road encroachment licences or leases Road encroachment licences or leases

Auckland Transport (AT), is the council-controlled organisation responsible for the management of the road corridor. AT approval is required under s357(1) of the Local Government Act 1974. While encroachments are not encouraged, in some circumstances and encroachment licence may be granted.


Reason an adjoining owner needs an encroachment licence

You will need to apply for an encroachment licence to undertake any private works on, over or under legal road such as the land between your property’s front boundary and the road or footpath, the subsoil or airspace.

An encroachment licence is normally recorded against the Record of Title to the adjoining owner’s land as an encumbrance.

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 for road encroachment licenses.

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 as a condition to approval.

AT Encroachment Guidelines and Policy

The guidelines describe the principles and requirements AT considers when processing an encroachment licence application.

Download the Guidelines for Road Encroachment Licences (PDF 45KB)

The AT Road Surface, Airspace and Subsoil Encroachment Policy provides for AT to establish and maintain guidelines for consideration of encroachment licence applications.

Download the Road Surface, Airspace and Subsoil Encroachment Policy (PDF 250KB)

The Encroachment Licence process

An encroachment licence application is distributed to multiple AT teams for consideration and feedback. When complete information has been received with detailed drawings the approval process can take 3 months. The process goes on hold while waiting for further information. Complex applications may take longer. AT requirements, requests, plan changes or engineering review will need to be satisfied before processing can recommence.

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).

Historical encroachments

Buying or selling a property with an encumbrance to AT

When buying a property with an existing encroachment licence, an encumbrance will be recorded on the Record of Title for the property. The encumbrance will transfer with the property and AT consent is not required.

The licence document is personal to the person who made the application. An assignment of licence will be required to transfer to the new owner. An inspection of the structure by an engineer will be required prior to approval of the assignment. If the structure is not in good repair, the new owner will be responsible for upgrading it or having it removed.

If you discover an unlicensed encroachment

AT does not have resource to licence all existing unlicensed encroachments. There are several approaches AT may take: 

  • AT may require the encroachment be removed.
  • In some cases AT may allow an unauthorised encroachment to remain if there are no safety issues and the principles and requirements in the guidelines are not compromised.
  • AT may permit the encroachment to remain and require the owner to apply for an encroachment licence.
  • AT may permit the encroachment to remain (subject to an alteration) and will require the owner to apply for an encroachment licence.

When can the encumbrance 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.

Fees

The following encroachment fees apply from 1 May 2021.

Type

Fee (including GST)

Airspace Licence (Minor) e.g. canopy (no rental)

$1,725

Airspace Licence (Major) e.g. architectural feature (attracts an annual rental)

$2,850

Surface Licence miscellaneous (attracts a rental)

$1,725

Subsoil Licence (Minor)

$1,725

Subsoil Licence (Major) e.g. Ground Anchors (attracts a rental)

$2,875

Construction and Maintenance Encumbrance (Minor)

Low access wall supporting a driveway (no rental)

$1,725

Construction and Maintenance Encumbrance (Major)

Parking bays, paper road formations, large retaining walls, civil works

$2,875

Legalise an existing encroachment

$1,725

Pre-application meetings

Type

Fee (including GST)

Major Encroachment licence - one hour meeting with AT staff at request of applicant. 

$345

Any additional time chargeable at staff hourly rate.

Administration fee

Type

Fee (including GST)

Amendments to existing lease/licence

$402.50

Assignment

$402.50

Consent of encumbrance

$402.50

Apply and submit your application

Application forms

Download the Encroachment Application Form (PDF 148KB)

Download the Affected Landowner Consent Form (PDF 126KB)

The application must include

  1. Completed application form
  2. Supporting documents, as outlined in the application form and in Appendix 1 of the Guidelines
  3. Payment of application fee

Auckland Council is not able to accept your application or payment.

Email

Email the application to propertygroup@at.govt.nz

The required format is PDF. 

Please attach separate PDF files of the completed application form, record of title, and each supporting document set.

Or post

Postal applications are also accepted, post to:

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

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