Construction of building on two or more allotments

Sections 10, 75-83 Building Act 2004
The Building Act 2004 imposes certain limitations on construction of a building on land that comprises 2 or more allotments of 1 or more existing subdivisions. Note that this only applies if the two allotments are held by the same person.

The Territorial Authority must state in the PIMs and issue a certificate that states that as a condition of a building consent these allotments cannot be transferred or leased separately (section 75).

Under section 77, the Building Consent Authority cannot grant a building consent for building work to which section 75 applies until the Territorial Authority has issued a certificate for either:
  • the imposing of a condition under section 77,
  • the removal of an entry under section 78 where:
  • the building is removed, demolished, or destroyed,
  • the boundaries of the allotments are adjusted, or circumstances are otherwise changed.
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These certificates must be authenticated by the TA, signed by the owner, and then lodged with the Registrar-General of Land.

A section 76 exemption may be granted if the owner proposes to construct a building with party walls or the owner has applied to the Registrar-General of Land for the preparation of a survey plan (under s 82).

Alternatively, Sections 75 and 77 do not prevent applying for building consents for two buildings, one on each section, subject to waiver of any requirements of the Building Code which would require there to be boundary walls between those buildings.
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Case Law

Broadlands Finance Ltd v Mayor, Councillors and Citizens of the Borough of Henderson HC Auckland A794/83, 24 August 1984.
  • Judgement text unavailable


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Recent Determinations

2019/057: Regarding the issue of a notice to fix for building work carried out without a building consent and over a property boundary
  • Notice to fix for storage building made of relocated shipping containers, crosses a boundary into an adjacent allotment, section 75, whether building consent required, whether containers have had change of use.


2017/015: Grant of a building consent across two allotments
  • Definition of an 'owner', section 75, whether a section 75 certificate was required on building consent, whether a building consent can be granted over two allotments to a leaseholder without requiring a section 75 certificate.


2015/036: Regarding the exercise of the authority's power of decision in requiring a section 75 certificate for alterations to a wharf
  • Discussion of the definition of “owner” for the purposes of section 75, whether a section 75 certificate was required, building consent suspended for not supplying a section 75 certificate for building work to extend across the three allotments, whether ‘part of a building’ is included in the interpretation of ‘building’ where the building work enlarges the building over allotment boundaries.


2014/028: Exercise authority’s powers under section 75 for an internal wall and the refusal to issue a code compliance certificate.
  • Refusal to grant a code compliance certificate on section 75 grounds, certificate not completed, non-load bearing internal partition wall across legal boundary, discussion of use of term “construction”.


2012/075: Regarding the issue of a notice to fix and the amendment of a building consent for a 4-storey commercial building
  • Issue of building consent, unit title, boundary walls of principal units across accessory units, fire separators, application of section 75 notification, definition of “construction”.