The Paperwork Protecting Your Property
Most of us don't think about protecting what we already have, until we need to defend it, or the rules change and that protection disappears. You can only rely on what you can prove - and if you can't prove it, you could lose it. With reform to the Resource Management Act underway, that window may not stay open forever.
Protection made simple. Here's our approach
An Existing Use Certificate and a Certificate of Compliance are two lesser-known tools under the Resource Management Act that our team of planners can apply for on your behalf. They confirm what you're allowed to do with your property and protect you from having to justify it later.
Whether you've got an existing use or structure that predates current rules, or future plans based on today's rules, it’s possible to get that confirmed on paper, with no consent required. Both become a formal record you can put in front of a purchaser, Council, or simply keep for your own peace of mind.
Existing Use Certificates, explained
An Existing Use Certificate applies when something on your land was legal when it was built or started, but a rule change since then means it wouldn't be allowed today. In many cases the activity can simply continue under an existing use right, but that right isn't always obvious, and it can be lost if the activity stops for too long or changes in character. A Certificate puts it beyond doubt, with Council's confirmation on record - so when a purchaser's lawyer or bank asks about that decades-old shed sitting inside today's yard setback, the answer is already on paper.
Certificates of Compliance, explained
A Certificate of Compliance confirms that what you're planning to do or an existing activity on your property meets the rules at a given point in time, and that confirmation still counts even if the rules change later. If your property can currently add a second dwelling under the operative zoning, it may not be guaranteed to survive the next plan change. A Certificate of Compliance locks that potential on paper, for you or a future buyer to rely on.
Why it matters
Both certificates add real value at the time of a sale, a subdivision, a redevelopment, or a Council enquiry. Sorting it out now, while the paper trail's still easy to find, is far easier than scrambling to piece together decades-old history under a deadline. RMA reform is underway, and there's no guarantee future rules will offer the same leeway for existing non-compliance.
Get in touch
If your property has a use or structure that predates today's rules, or you have plans where certainty really matters, it’s worth having a chat with one of our planners about how we can help.
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