Property guidance by Quay Law
Property guidance by Quay Law
Unit title guidance from Quay Law
Ian Mellett, Barrister and Solicitor, Quay Law
The unit plan is the map of a unit title development. It shows exactly what each owner owns and what is held in common. Many unwelcome surprises for buyers and owners trace back to a misunderstanding of the plan.
A unit plan is a survey plan deposited with LINZ. It defines:
Unit boundaries may be defined by walls, floors and ceilings, or by other features shown on the plan. The way boundaries are drawn determines who is responsible for maintaining a particular part of the building.
A principal unit is the main unit, designed for use as a home, business or other purpose. In an apartment building, it is usually the apartment itself. In a townhouse development, it may include the dwelling and part of the land around it, depending on how the plan was drawn.
An accessory unit is designed for use with a principal unit. Common examples include car parks, garages, storage lockers and sometimes courtyards. Accessory units appear on the record of title together with the principal unit they belong to and are usually transferred with it.
A car park that is an accessory unit is owned by you. A car park that is part of the common property, even if you have the right to use it, is not. The difference can affect value, resale and your rights if the arrangement is changed.
Boundaries determine responsibility. If a leak originates within a unit, the owner may be responsible. If it originates in common property, the body corporate is generally responsible. Where the boundary sits can therefore have real financial consequences.
Boundaries also matter for alterations. Work affecting common property or the structure of the building generally requires body corporate approval.
What counts as common property in a unit title development, who pays for it, how exclusive use areas work and what buyers should confirm.
What to check before buying an apartment or townhouse on a unit title: the title, disclosure, minutes, finances, maintenance plan, insurance and building.
A plain English guide to unit titles in New Zealand: principal and accessory units, common property, the unit plan and the body corporate.
We check the unit plan on every unit title purchase. If something does not match what you were told, we will raise it before you are committed.
If you are buying or selling a unit title property in Auckland, we recommend speaking with us before you sign an agreement. Contact Ian Mellett at Quay Law, Barrister and Solicitor, by completing our enquiry form below, or call us on 09 523 2408.
The information on this page is provided for general information purposes only and is not legal advice. Every transaction is different, and all matters should be discussed with the team at Quay Law.