Building over boundaries

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To enable a building to be constructed over a legal boundary, it is required that each of the affected allotments (whether on the same certificate of title or not) are tied so that one cannot be sold or leased without the other.

There are two legal ways of addressing this issue:

either by tying each of the allotments by means of complying with section 77 of the Building Act 2004,
or by legally amalgamating the allotments by way of survey plan which places all the affected land under the same certificate of title.

In either case the affected properties must be under the same ownership.

Please contact us to discuss these options further with us before making a decision.

Page last updated: 09:57am Wed 24 April 2024