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Auckland Transport

Road encroachment licences or leases Road encroachment licences or leases

Buildings or objects sometimes encroach on the legal road corridor, the ground beneath it or the airspace above it. Auckland Transport (AT) does not encourage road encroachments, but we may consider granting a temporary licence or lease if an encroachment is needed.

Change to application fee from 1 May 2021

  • The encroachment application fees are increasing from 1 May 2021.

Find out about the fee changes.

Common examples of road encroachments

  • decks and verandas.
  • garages and carports.
  • letterboxes.
  • retaining walls.
  • hedges.
  • ground anchors.
  • pedestrian air bridges.

AT will generally not consider road encroachments that involve:

  • planting trees on the berm (due to the requirements for traffic and pedestrian safety, and interference with utility services above and below ground).
  • locating structures at ground level for any purpose that involves the commercial use of public land.

Encroachment licences and leases

Licences

A road encroachment licence authorises a right to occupy an area of legal road, but does not give the licence-holder exclusive possession in the way a lease does.

An encroachment on the road surface can only be licensed (not leased). as the public’s legal right of unblocked access cannot be compromised.

Leases

AT can grant a lease for encroachments above the road (airspace) and below the road (subsoil). A subsoil or airspace lease is a property right to exclusively occupy the area.


Applying for a road encroachment


Property owners or developers must submit an application to AT and receive approval before placing any encroaching object on, under or above a legal road.

AT reserves the right to exercise its discretion not to proceed with the lease or licence at any point during the application process.

Who can apply

Usually only the owners of land immediately adjoining the legal road can apply for a licence, lease or encumbrance. Any other applicant is likely to have their application declined unless they get prior written consent from all other adjoining landowners (and service/utility authorities if any of their utilities are affected).

Only those properties immediately next to the land in question are adjoining owners. This doesn't include neighbours who are one or more properties removed.

Application process

Step 1. Initial enquiry

Check if the proposed encroachment can be considered.

Make an enquiry

Step 2. Formal application

If the initial enquiry is confirmed by AT, then you can submit a formal application:

Download the encroachment licence/lease application form (PDF 80KB)

Also required with your application

  • Signed consents from service authorities (if any of their utilities are affected), copies of plans, aerials (if applicable), cross sections etc.
  • Non-refundable deposit of $1,000 (including GST) - contact us to discuss payment options.

Application fee

Change to application fee from 1 May 2021

The following encroachment fees are increasing from 1 May 2021.

Application type

Current fee (including GST)

New fee from 1 May 2021  (including GST)

Encroachment Licences

 

 

Subsoil Minor - small pipes, no rental

$1000 non-refundable deposit

$1725

Subsoil Major - CBD ground anchors, attracts rental

$1000 non-refundable deposit

$2875

Construction and Maintenance - low access wall, driveway, no rental

$1000 non-refundable deposit

$1725

Construction and Maintenance - parking bays, paper road formations, large retaining walls civil works, attracts rental

$1000 non-refundable deposit

$2875

Surface Licence - miscellaneous works, often retrospective, usually attracts rental

$1000 non-refundable deposit

$1725

Airspace Minor - canopy for retail, no rental

$1000 non-refundable deposit

$1725

Airspace Major - architectural features, balconies, attracts rental

$1000 non-refundable deposit

$2850

Pre-application meetings

 

 

One hour meeting with AT staff on request of applicant, to provide advice on applications or proposed issues for encroachments. There may be additional staff time charged at an hourly rate.

nil

$345

Administration fee for existing leases/licences

 

 

Charging for any changes to existing leases/licences including assignment and consent of encumbrance (related to encroachments).

nil

$402.50

Submit application

Send your completed application to:

Auckland Transport (Attn: Property Department)
Private Bag 92250
Auckland 1142

Note: Submitted applications cannot be guaranteed until they have been approved through all steps of the process.

Consent to a lease or licence by AT does not constitute regulatory approval to placement of encroachments within the road corridor. In cases where the encroachment may be permanent, a memorandum of encumbrance will be required to be entered into and registered against the adjoining properties' land title at no cost to AT.

Other requirements

  • You may need to get building and/or resource consent from Auckland Council, who are the regulatory authority.
  • If you are digging within the road corridor, you need to lodge a Corridor Access Request (CAR) separate from any lease or licence. Find out more about CARs.

Encroachment policy and guidelines

The encroachment licence policy and guidelines are under review and are not available on the website during the review.

While the review is underway a copy is available on request.

Submit request for encroachment licence policy or guidelines



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