Effectively, a freehold section.

Each lot is freehold land. It is approximately 95 square metres. It is zoned ‘Mixed Use’ under the Auckland Unitary Plan.

Whilst this may be considered a ‘small’ sized lot, due to its zoning the land can accommodate a building with a large floor area and outdoor living – by building vertically.

There is a resource consent that allows for the development of a building on each lot for sale of 4 levels (plus a rooftop deck). Each lot is sold with the benefit of, and subject to, the resource consent for development of the property. The detail is set out in the resource consent. A copy of the resource consent is available with the sales documents.

There is also a right of way for the use by each lot owner of the private right of way/laneway from Kings Road, and a drainage easement that allows for storm-water drainage for each of the properties. Each lot is also sold with the benefit of, and subject to, the right of way and drainage easements. The easements are included in the sale documents.

The title for each lot is to issue following completion of the works for the driveway and the storm-water drainage system.

The resource consent is the Auckland Council approval of development of the land in accordance with the development plans forming part of the consent.

Those plans include development plans for a building on each lot for sale of 4 levels (plus a rooftop deck). It also contains more detailed requirements for development such as a set-back, fencing and landscaping at the front of a lot.

A purchaser of a lot will therefore need to design a building on the lot in accordance with the plans set out in the consent, or with approvals, amend the design.

Yes. A purchaser of a lot will need to design the building to be built on the lot to the level of detail required for a building consent and obtain a building consent from the Auckland Council.

As there is already a resource consent allowing development of a lot accordance with the plans and requirements set out in the consent, then a purchaser need only develop their design in keeping with those plans and requirements, and obtain approvals to that design, together with a building consent from the Council, to be a position to engage a builder and to start building.

If a purchaser intends to change the design or use from that shown in the resource consent, then the purchaser may need to obtain a further consent from the Auckland Council to the change, and approval from the Developer or other owners.

It is recommended that purchasers engage an architect to advise them of the specific requirements and to assist with the design.

The Resource Consent requires the development of the Commercial Lot on the corner to be advanced before commencement of building on any other lots. The plans for development of that commercial lot are advanced, with the intent to commence building as soon as a building consent issues.

Subject to that, once a purchaser has settled the purchase of the property, and has obtained a building consent and other requisite approvals for their building, the purchaser’s builder can commence building.

There is no requirement to start building within any particular timeframe and so a purchaser may choose to hold their lot for some time prior to designing a building, and then prior to actually starting to build.

Once a purchaser starts to build then the purchaser is expected and required to continue and complete the exterior within 12 months (in the normal course of events). The completion of interior works can occur at any time (subject to the requirements of any building or other consents or approvals).

Note that the resource consent has a term of 5 years from the date of issue (but is capable of being extended), and so if building has not commenced within that timeframe (including any extended timeframe), then a new resource consent may be required prior to any building.

Also pending building there are limitations on the use of the land for any other purpose. These are set out in the building covenant in the sales document and which will be noted on the title to the land (in case the land is on-sold by a purchaser prior to building).

The building covenants are rules applying to a lot before, during and after its development.

The rules are intended to assure owners of the lots of rules for them and other lot owners as to the state of the land before any development, that any development will occur as anticipated by the resource consent (or that any change is approved), and that changes to a building after it is built do not undermine the intent of the original development plan.

The purchasers of the lots are all subject to the same constraints and opportunities for development of their lot.

This means the resource consent, and the easements, and the building covenants all apply to each lot.

For example, prior to a purchaser of another lot building on their lot, they must keep the land in tidy condition and maintain it as a grassed lot and cannot store things on it or use it for things such as temporary accommodation; when they design the building for their lot it needs to be in keeping with the resource consent, or changes otherwise approved; and when they do build then the rules apply to them as they do to all others – including finishing the external and exterior works within 12 months (in the normal course of events).

Whilst a purchaser of a lot is required to complete the external elements and exterior of the building within 12 months (in the normal course of events) after commencing, a purchaser is not required to commence building within any particular timeframe.

And once the exterior of the building is completed, then the purchaser can stage the completion of the interior. This is an accepted methodology overseas – see Naked House by way of example. The extent of such staging will depend on the design by a purchaser and the terms of their building consent.

Yes. Once the title to a lot has issued, there is no prohibition on on-sale of a lot. Any person buying a lot will buy it with the same benefits and obligations as the original purchaser.

A purchaser could also on-sell the lot prior to the title to a lot being issued, but that would require approval by the developer (which would not be withheld where the developer confirmed acceptance of the on-sale documentation).

The ‘commercial building’ replaces the original ‘corner building’ and is shown in the resource consent.

It is to be a five level building (with no roof deck) and acts as a buffer between Dominion Road and the balance of the lots.

On the ground level it contains a pedestrian access from Dominion Road to the rear laneway for the lot owners/occupiers, as well as a retail shop – expected to leased to a café (expressions of interest have already been received from café operators), or similar food and beverage operation.

The upper levels are intended to comprise commercial ‘live-work’ options for lease.

First – check the availability of a lot.

Then either contact the developer through registering your interest online; or contacting our representative.

Through the registration of interest, or from the agent, you can request the standard form of ‘Agreement for Sale and Purchase’ of a lot.

The Agreement for Sale and Purchase contains the terms on which the Developer will receive an offer for a lot. Prospective purchasers can work with our representative and/or their lawyer to complete the Agreement and make their offer.

The Developer’s pricing for the lots is shown on the website and is staged relative to demand – on a ‘first in-first served’ basis.

The lots are zoned mixed use, and being sold by the developer as development sites.

A purchaser may be able to ‘zero-rate’ the GST payable or to recover all or part of the GST after payment, depending upon the Purchaser’s circumstances and proposed use(s) for the lot.

Prospective purchasers should check with their lawyer and/or accountant in relation to their GST position prior to making an offer.