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Auckland Council

Subdividing your building

When you subdivide your existing building or part of it, you need to show us that your building complies with section 116A of the Building Act 2004 and the Building Code.

​What is subdivision of a building?

Commonly a subdivision of a building includes:

  • a newly built multi-unit residential building, on a single title, that will become individual ownership units, towards the end of its development
  • an existing building on a single title that is subdivided into individual ownership units.

This could mean you need to upgrade parts of your building to achieve compliance.

You need to tell us if you intend to subdivide your building

You will need to notify us in writing of your intention to subdivide your building, e.g. if you are splitting your large family house into two units.

We will review your notice to subdivide your building to make sure your building complies with section 116A of the Building Act and the Building Code.

You can get free advice from us in person or see the building and consents process to find out how to apply for minor variations or amendments to a consent.

Contact us for free advice or to book a pre-approval meeting.

You should know

We need to ensure that the structure of the building meets the Building Code and that it is safe for use.
If you do not notify us, you may be fined up to $5000.

You need to demonstrate compliance

You or your professional will need to prepare documentation that states how compliance is achieved and declare that your subdivided building complies with:

  • the code compliance requirements of section 116A of the Building Act
  • the Building Code, as close as reasonably practicable.

We need this documentation for our section 116A assessment. Compliance with section 116A is needed to progress any resource consent application to subdivide a property, under the Resource Management Act.

Professionals who can help

You will find that the professionals responsible for the original design will be able to give you the relevant information to demonstrate compliance.

The professional you talk to will depend on which part of the Building Code needs to be addressed.

Building CodeProfessional to contact
Means of escape from fireFire engineer who prepared the original fire design.
Access and facilities for people with disabilities for property that is accessible to the publicArchitect or designer responsible for the original design.
Fire protection, including fire spreading to other property and structural stability during a fireFire engineer who prepared the original fire design.
Surface waterOriginal drain-layer to document how excess surface water is being managed.
Internal moistureOriginal plumber to document how the units in the building are protected from accidental flooding in wet areas.