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Common Questions
Can I subdivide?
There are many factors to consider here, the first one being the size of the property that you wish to subdivide. The District Plan for your area contains rules relating to subdivision, including the minimum size allowed for a site. To obtain the information relating to your property, the zone that it is in, and the rules that apply, we suggest you go to your local Council or a consultant. Each zone has different provisions relating to the effects of developing land within that zone.
There may be things on the site that will restrict the subdivision boundaries such as houses, accessory buildings, access-ways and plantings.
If a site is to be subdivided access will be required. You need to determine whether the access is suitable for an increase in traffic or whether it will need to be upgraded. If there is no access you will need to identify positions on the property where an access could be formed.
Another relevant factor is the provision of services to the site. This includes water, telephone and electricity connections, sewage discharge systems and stormwater systems. If services are already present you need to determine whether they have the capacity to deal with the proposed activity. If the site has no services you need to ascertain whether connections are available from the Council system.
The cost factor also needs to be considered. The cost will vary depending on the extent of your proposed activity and the relevant Council requirements. For example, if you only require subdivision consent the cost will be less than if you also need land-use consent.
Davis Ogilvie can provide a subdivision appraisal which will tell you whether your property has subdivision potential. Further to this, we can carry out a site visit and provide a full assessment of your property. This will provide you with possible subdivision options, tell you what alterations may have to be made to any existing buildings and whether any resource consents will be required, and advise you on the likely cost of subdivision. If you then wish to proceed, we can make an application to Council to subdivide your land.
Can I develop this land?
Most land can be developed in some manner. This may range from intensive subdivision to a single building construction.
The type and extent of development that will be allowed will depend on the requirements of the City or District Plan that applies. Each proposal will be required to meet most of the development criteria listed in the plan. Some land cannot be developed such as land that has been restricted due to hazards such as rockfall or instability, or due to the presence of protected buildings etc. Generally your local authority can advise whether a project is feasible on a particular site. If there are specific technical questions that the local authority requires you to answer as a part of you application, we can assist.
How much will this cost me?
Cost estimates can be prepared for the project that you are considering. The estimates will be based on recent previous work of a similar nature. Where no similar work is available the estimates will be built up from each individual type of work to be undertaken.
The accuracy of the estimate will improve as the design work proceeds from concept to final documentation. Flat sites are typically cheaper to develop but the ground conditions and availability of services will have a significant effect on the overall cost. On hill sites, retaining walls and so forth are extra factors that will influence the cost.
Have I chosen the best site?
That depends on what you intend to do with the site. Your site requirements will be very different if you intend to grow grapes and make wine compared to if you want to subdivide. It is useful to do some investigation regarding the site before signing on the dotted line. Firstly, it is advisable to apply for a Land Information Memorandum (LIM) on the property. A LIM is obtained from the local District Council and will contain all the relevant information regarding the property, including any resource consents that may be held.
Secondly, consult an officer at the Council regarding Council requirements that will effect subdivision or development of the property. The issues to discuss have been raised in the above questions "Can I Subdivide?" and "Can I develop this land?"
Further issues to be considered include the zoning of the property and the objectives, policies and rules relating to that zone in regard to the Transitional District Plan (old plan under the Town and Country Planning Act 1977) and Proposed District Plan (new plan under the Resource Management Act 1991 (RMA)).
Is the project feasible at this location?
A short question with big implications! Every project will have a different range of issues that will need to be addressed. These may include:
Land purchase price
Development costs
Consent costs
Consultant's fees
Survey and legal fees
Unit fees
Reserve contribution
Consent requirements (territorial and regional consents)
Timing and holding costs
Site conditions
Neighbouring property
Zoning
Environmental issues
The programming and management of these issues will have a direct bearing on the success of your project. A feasibility study can be undertaken and further advice provided by our expert staff.
How do I co-ordinate all these different projects effectively?
There is often the requirement to arrange for a range of separate packages of work to be undertaken to achieve the overall end result. These may include civil works, landscaping, electricity, telephone, gas etc. It is important that all these contactors are co-ordinated and are aware of each other's requirements. Formal contracts with agreed scopes, time- frames and costs must be put in place before the work begins. Davis Ogilvie undertake the co-ordination of these issues on most projects that we are involved with and have a sound understanding of the issues that need to be addressed.
Where are the boundaries?
It is very important to know where the boundaries are, especially if you ever want to sell or subdivide your property. The boundary of your property is likely to follow fence-lines, although in some cases it does not. Have a look around your property for any boundary pegs that may remain from an original survey. If there are none, a re-peg may be necessary. Our surveyors have the professional skills and training required to survey properties and place pegs where the boundaries exist.
What are the foundation materials?
When undertaking a building project it is imperative to assess the ground conditions at an early stage as the design of the foundations must suit the conditions and may affect the way the rest of the building can be designed. The foundation conditions will vary widely depending on the area that you are in, and will range from loess and rock on the Port Hills, to sand, silt, gravel, and in many areas on the flat Canterbury plains, peat.
A standard house will require the ground to have a safe bearing capacity of 100 kpa and to be stable and unlikely to settle under the weight of the building. In many cases piles and/or retaining walls will be required to resist the loads imposed by the building. Davis Ogilvie & Partners can carry out the necessary testing to confirm the requirements for foundations, and can design, supervise, and certify the work to meet Council standards.
Please contact Russell Benge for further information.
How much needs to be excavated?
This depends on the type of soils that you are dealing with. If you are excavating for foundations then you will need to remove all topsoil and organic material along with any localised softer areas before you commence construction of your foundations. Testing can be undertaken to confirm the actual likely depths that will need to be removed. Construction of roadways and building platforms often requires large volumes of excavation to be undertaken. Normally during the design processes an attempt will be made to balance cut and fill volumes so that no material needs to be removed from the site or, alternatively, imported from quarries.
How big does the retaining wall need to be?
This depends on the loads that you want it to resist. A retaining wall must hold back the weight of soil and any buildings or vehicles etc. that are behind it. The wall must be designed to avoid overturning, sliding, or creating an unstable zone on the entire hillside. The design of large retaining walls is a specialised exercise best left to a professional engineer.
How do I fit the building I need on the site I have?
You will need to consider aspects such as outdoor living space, sunlight, landscaping, and parking site size and shape, to name a few. The zoning of your site will determine what you can build and how much of the site can be covered by buildings. The plan will state the rules of building in relation to the area that your site is in; you must comply with these rules in order to get a building consent from the Council.
Councils have specific rules concerning the width and formation of roading and access-ways. These are in the District Plan and will vary depending on the zoning of your site and the proposed activity. Other factors to consider are the size of your section; the number of sections that you propose to create; whether the subdivision will require rear section access; and whether all the proposed lots have access to an existing road.
Site features, cost, type of surface, slope of land, time, and location are all factors to consider when deciding where to place a driveway. If a shared driveway is required you may need easement coverage to legally share the use of the driveway with another section.
I need parking spaces/outdoor storage. What surface should I use?
That depends on what the proposed activity is for which you need parking or storage and the zone that your land is in. Factors you must consider when creating outdoor storage and parking spaces are as follows:
- The amount of money you wish to spend. Different surfaces will vary in price.
- The amount of time that you have. Construction times vary with different materials and surfaces.
- Whether your land is flat or sloping. When land is not flat construction may cost more and take longer as there are stability issues to consider.
- Council requirements. The rules differ depending on the zoning of the land and the activity.
Can I take this wall out or add another level?
Common questions for anyone contemplating renovation work. In general the answer would be yes to both, but the cost may be prohibitive. If the wall is not load-bearing (if it doesn't carry any weight) then typically you will be able to remove it (subject to meeting fire, bracing, hygiene and other requirements of the Building Act). If the wall is load- bearing then it may be able to be removed if it is replaced with a suitable beam or support.
When you want to add another level, the foundations, walls, bracing, fire provisions and access will need to be reviewed according to Building Act requirements. You will need to obtain a building consent and possibly a resource consent. Davis Ogilvie & Partners Ltd have structural engineers that can advise you on the above issues and provide design drawing supervision and certification to meet the Council's requirements.
Will the building be damaged in an earthquake?
All structures constructed within New Zealand are required to be designed for earthquake loads. These are considered on two levels. "Serviceability Loads" are those that must be able to be resisted by the structure during normal operation without causing any damage that prevents the building being used for its intended purpose. "Ultimate Loads" are those that come from the largest design earthquake expected for the region that you are in. These will cause significant damage to the building but must be able to be resisted by the structure without collapsing. In short, all structures are designed to avoid collapse in a major earthquake and to avoid significant damage in a "moderate" earthquake that may be expected to occur commonly during the life-time of the building.
We certainly hope not!
This depends on whether or not the site is on a hillside. If it is then there are precautionary measures that can be taken to prevent the site from slipping away during and after development. Our engineers are experienced in designing plans for sites that involve filling and reinforcing the site to mitigate the possibility of the site sliding away.
What are the implications for fire safety?
All new buildings and those that are being upgraded to a new use will require fire safety issues to be addressed. The primary focus of the current safety regulations is to prevent injury or death of people occupying the building. The focus is NOT on the protection of the building itself. You will be required to ensure that people can get out of the building if a fire occurs by providing alarms, clear access-ways, fire separations, protection to key parts of the structure and in some cases sprinklers and specialised ventilation systems.
Is the natural drainage adequate?
When you want to develop, subdivide, or change your property, you may need to give some thought to how your land is to be drained. In some places around Christchurch and Canterbury when it rains the water does not drain through the soils easily and will pond on the ground. This could promote surface flooding, especially if combined with a high water table.
If you are to build houses or grow sensitive crops (olives don't like wet feet!) then you need to consider how you are going to de-water the site through the construction period and thereafter. Our engineers are experienced in these matters and can both devise and implement solutions to drainage problems.
Will there be any contaminated run-off and what about removing contaminants?
When developing a site you should consider whether there could be any temporary or permanent discharges as a result. In many cases within the city and other built-up areas a 'reticulated system' for water, stormwater and sewage exists, and as long as connection to these services is confirmed with Council then you may not have to consider the following issues. When building foundations and laying piping during the construction period, de-watering of groundwater could occur. This discharge can transport silts and sediment from the site and affect nearby properties and waterways. It is important to consider how this will be dealt with. Sometimes a resource consent is required from the Regional Council for this. During construction and once the project is completed stormwater should be retained and treated so that it does not affect people or water quality. It is our job to ensure that safe, cost-effective options to treat stormwater on site are designed. Stormwater includes any number of different contaminants such as silt, metals, oils, bacteria and litter, all of which should be removed as much as possible. The discharge quantity itself will need to be dealt with if the area experiences flooding. Council will not want your proposal making it worse.
The method of discharge can often cause adverse effects in its own right, particularly where the discharge contains a lot of energy and is discharged through a single point. If the discharge is into a stream or onto land, this energy may result in erosion and may present a source of hazard. The Council will want to know what you can do about this. When a sewage system does not exist to service your site, on-site systems such as septic tanks and disposal fields will need to be considered. Bacteria and viruses need to removed by adequate treatment in a septic tank and in the soils so that these do not re-emerge above ground or in water.
Other contaminants and discharges could occur if your proposed activity involves processing any products on site, such as wine making or olive oil pressing. Again Councils will want assurance that what you are doing will not adversely affect the environment and it will be your role as applicant to provide this information.
What do I need to do for stormwater drains?
When you develop a piece of land and put down hardstand surfaces (car parking, drainage etc.) and structures, you will change what happens to stormwater on site. The same amount of rain will fall as before but it will run off the property differently. If there is an existing stormwater system of pipes and drains you will have to calculate whether the pipe can handle increased rates and flows. If you need to build new drains the same applies. Sometimes the stormwater can be discharged into ground on your property into a properly designed treatment system. Or it can be discharged from your site by drains, sometimes into a Council reticulated system.
What water quality standards do I need to meet?
Sometimes Councils (particularly Regional Councils who are responsible for water quality) or the Ministry for the Environment create water quality guidelines or standards for sea, rivers and groundwater. If you are going to discharge a contaminant as a result of your proposal, it is important to know what standards you need to meet and what guideline numbers and treatment methods you need to use.
Councils will look for reassurance that your treatment system can remove contaminants and meet the water quality they require in order to grant consent. If the discharge is treated before being discharged and effects on the environment are dependent on the reliability of this treatment, you will have to explain the treatment, or, alternatively, assess the effects on the environment when the treatment fails. Details regarding maintenance are important.
Conditions may be placed on your consent which you will have to meet. Therefore, it is important that you understand what these are and whether you can meet them. If you understand the process you may be able to have input into the choice of conditions imposed.
Does my design meet the Council's building permit requirements?
This depends on your activity and the zone that your land is in. The rules for each zone are set out in the District Plan and will need to be complied with in order to meet Council's requirements. You should consider such issues as outdoor living space, site coverage, building height and setbacks, to name a few. If your site is on a hill, an engineer's report may be needed.
What resource consents are needed?
The RMA provides for different types of resource consent:
Land use consent, and subdivision consent which are issued by your District Council; and Discharge, water, and coastal permits which are issued by your Regional Council. A resource consent from a District Council, whether it be subdivision or land use, must be in accordance with Section 88 of the RMA. Councils have their own application forms and can tell you what information you will need to provide with the application.
Section 94 of the RMA prescribes when applications need not be publicly notified. In many situations this requires the written approval of affected persons. The rules of the District Plan specify those resource consents that do not require the written approval of persons affected by the proposal.
The Council may impose conditions on consents, in accordance with Sections 108 and 220 of the RMA, restricting or prohibiting certain aspects of the proposal to ensure it complies with the RMA and the District Plan. A resource consent lapses after a period of two years if it has not been put into effect. An applicant may request a longer period if required. A land-use, once established, may continue at the same character, scale and intensity without time restriction, unless the consent states otherwise. Other consents (apart from subdivision consent) may have a time-limit, the maximum being 35 years.
What are the environmental impacts of the project and do I need an Assessment of Environmental Effects (AEE)?
The RMA discusses effects on the environment of activities, also known as environmental impacts. You will have to consider the effects on the natural and physical environment, ecosystems, people, and community and amenity values. You will also have to think about possible measures to treat, avoid, remedy or mitigate these effects.
When you make an application for any one of the consents listed under "What resource consents do I need?" you will need to consider providing an AEE. The purpose of an AEE is to identify the future consequences of a current or proposed development.
A thorough assessment will give you a good indication of the likelihood that your application will be considered without public notification, whether the activity is likely to gain consent, and if so, likely conditions. Council staff will audit the information supplied in your AEE to ensure the Council's decision-makers receive accurate information that is appropriate to the 'scale and significance' of the activity. A good AEE is fundamental to enabling the Council to understand your proposal and grant consent.
Our job is to understand how much assessment is required in relation to the scale of your development. A small two-lot subdivision in the city will only need a brief assessment to accompany the application, whereas a larger development with various consents will require a more comprehensive assessment. We make this judgement call with each new job we receive and our staff have a sound understanding of what is required from each Council for different activities.
The AEE will include a description of the uses and values of that part of the environment likely to be affected by your proposal. A full and accurate description of the affected environment is very important for the Council to understand where your proposal is and what it could effect.
Effects on the environment resulting from a discharge cannot be determined without knowing exactly what is being discharged, how much, where to, and how. If a discharge permit is required from a Regional Council, for example for sewage to ground or stormwater, then an AEE will be required.
Councils encourage consultation as a means of identifying concerns and gathering information. Detailing the consultation undertaken and reporting the results is helpful to the decision-makers when they decide who may be adversely affected by your proposal and what the views of the community are in relation to the effects of the proposal. We can help establish who could be affected by your proposal. Sometimes the Council advise who may be adversely affected and recommend that you obtain their written approval. Once written approval has been obtained decision-makers cannot consider those effects when making their decision. Getting a written approval could be the difference between a public notification, which takes a longer time to process, and non-notification.
Decision-makers are required to consider alternative methods of discharge, including alternative receiving environments considered by applicants for discharge permits. While there is no requirement to adopt the best practice or any other option, details of why an alternative was selected should be provided. For proposals having significant adverse effects on the environment, alternatives should also be considered and details given. It may be appropriate to treat adverse effects considered more than minor so that the application can be considered for non-notification. Treatment will be essential if adverse effects are unacceptable.
The RMA refers to three methods for treating adverse effects - avoiding, remedying or mitigating. We can help determine which method should be adopted. Once the effect has been treated, the residual adverse effect can be re-assessed to determine whether it is significant. Conditions of consent which you will have to comply with may be imposed based on your assessment. It is therefore important to ensure that your assessment is correct.
As you can see, an AEE covers a lot of important information that is essential to an application. This is a very short summary of a complex process. Most of the Councils (District, City and Regional) have application forms and information detailing what they would like to see in an application. Knowing what a Council wants in an application is fundamental to facilitating the consent application process.
How do I minimise the effects on my neighbours?
As stated under "What resource consents are needed?", when you develop your land you may need one or more resource consents. When you apply for the consents you will need to consider the effects on your neighbours. If building, this will include noise, pollution, visual and amenity value effects. If subdividing, this will include noise, pollution, visual environmental and increased traffic effects. Sometimes Council will check whether you have consulted with your neighbours. Whether you need to consult your neighbours is a question we can advise you on.
Who will pay for a structural engineers inspection relating to the recent earthquakes?
You, as customer, will be invoiced and payment is your responsibility. This is not to say that your insurance company or EQC will not cover the cost later. We would recommend that you discuss the cost of the structural engineering inspection with EQC or your insurance company before the inspection is booked. If the claimant can provide Davis Ogilvie with written approval or recommendation from EQC, then we can forward invoice to EQC at P O Box 331, Wellington.
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How much will it cost to perform a structural engineers inspection and to produce the associated report?
This will vary from case to case. It is dependent on the amount of time required to inspect and write the report. As a guide the cost to inspect and report on a single dwelling would be in the order of $500.00 to $850.00 plus GST. The hourly rate for an engineer is between $150.00 and $200.00 plus GST, depending on the relative qualification and experience of the engineer involved.
How long will it take to carry out the structural engineers inspection and for the report to be written up?
All our work is logged to a central data base. This is later booked into our engineers work programmes, generally based on suburb runs. As you may appreciate there is quite a back log which currently equates to a queue time approximately two weeks. We aim to produce the associated report within ten working days of the inspection. Wherever possible you will be contacted with an approximate appointment time, generally 24 hours before the inspection.
Will the inspecting engineers damage be from Davis Ogilvie?
Davis Ogilvie is being assisted by Fraser Thomas Limited, an Auckland company. Between the two companies we have five engineers working on domestic earthquake inspections and reporting. Where the work is performed by a Fraser Thomas employee, an invoice for the work will be generated by that company.
What qualifications do the engineers inspecting engineers have?
All inspection and reporting work will be performed by a Chartered Profession Engineer or under the direction of a Chartered Professional Engineer.