Defective flats plans, more commonly known as defective cross-lease titles, are surprisingly common and often go unnoticed until a property is being sold, refinanced, or investigated by a solicitor.
At the heart of the issue is the flats plan: the legal survey diagram that records the footprint of your home and identifies important areas such as your exclusive-use spaces (for example, your backyard or garden) and common property (such as shared driveways and accessways).
When the property on the ground no longer matches what appears on the flats plan, the title may be considered defective. While this can sound technical, the consequences can be very real, potentially affecting property value, saleability, financing, and future development plans.
The Most Common Causes of a Defective Flats Plan
Over time, homeowners naturally make improvements to their properties. The problem arises when those changes are never reflected on the legal flats plan. Common examples include:
· Conservatories and Sunrooms
Adding an enclosed conservatory or sunroom changes the building's footprint and may create a discrepancy with the registered plan.
· Extensions and Additional Rooms
Whether it's an extra bedroom, a larger living area, or even a second storey, alterations to the structure often require the flats plan to be updated.
· Carport Conversions
Converting an open carport into an enclosed garage changes the external dimensions of the building and can result in a defective title.
· Attached Garages and Sheds
Constructing a garage, workshop, or utility shed that is attached to the dwelling may also affect the accuracy of the flats plan.
· Encroachments onto Common Areas
Decks, fences, retaining walls, and other structures that extend into shared or common property can create legal issues if they are not properly documented.
The Council Consent Myth
One of the most common misconceptions among homeowners is that obtaining a Building Consent or Code Compliance Certificate automatically updates their property's legal title.
Unfortunately, it doesn't.
Council approvals relate to the safety and compliance of the building work itself. Updating a cross-lease title requires a completely separate process involving surveyors, legal documentation, and the registration of a new flats plan with Land Information New Zealand (LINZ).
As a result, many property owners only discover a defective flats plan years later, often when they're preparing to sell.
The Good News? It Can Be Fixed.
If you suspect your cross-lease title may be defective, or you've already been advised that your flats plan needs updating, Good Title can help.
Our team provides a seamless end-to-end service, managing every stage of the process, including surveying, legal documentation, council liaison, and project management. We take the complexity out of correcting defective cross-lease titles, helping you achieve certainty and peace of mind.
Think your flats plan may need updating? Contact Good Title today for a no-obligation quote.
T: 0800 953 273, www.goodtitle.co.nz
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