Do You Own a Cross-Lease Property?

If you’re planning any alterations or additions to your flat, it’s important to understand your legal obligations under a cross-lease arrangement.

Unenclosed Alterations or Additions
If the work is within your exclusive use area and isn’t fully enclosed, you’ll need prior written consent from all other cross-lease neighbours. You may also require building consent and possibly resource consent, depending on the nature of the work.
Enclosed Alterations That Change the Flat’s Outline
Any structural changes that alter the external footprint of your flat, so that it no longer matches the Flats Plan attached to your title make your title defective.
In this case, the following steps are usually required:
- Written consent from all cross-lease neighbours
- A resurvey to confirm the new building layout
- Resource consent (if applicable)
- Preparation of a new Flats Plan
- Issuance of a new Record of Title

If you’re considering making changes to your cross-lease property, we can help you understand the process and ensure everything is legally compliant.

Special thanks to Deborah Tait for preparing this article.