Exclusive Use Area

An exclusive-use area is a portion of the shared land in a cross-lease or unit title development that has been allocated for one owner's exclusive use. Common examples include private gardens, courtyards, parking spaces, and storage areas.

In cross-lease properties, exclusive-use areas are shown on the flats plan. In unit title properties, they are defined on the unit plan and may be designated as 'accessory units' under the Unit Titles Act 2010.

Although you have exclusive use of these areas, you don't technically own the land — it remains part of the shared property. This distinction matters because changes to exclusive-use areas (such as building a garden shed or paving a courtyard) may require consent from co-owners or the body corporate.

When buying a cross-lease or unit title property, check exactly which areas are designated as exclusive use on the flats plan or unit plan. Don't assume that because a garden or parking space appears to 'belong' to a unit, it's legally allocated.

Also check whether any structures have been built in exclusive-use areas without proper consent. An unauthorised garden shed in an exclusive-use area can be just as problematic as an unauthorised building extension.

For cross-lease properties, exclusive-use areas are shown on the flats plan registered with LINZ. For unit title properties, they are defined on the unit plan and described in the unit title records.

Your lawyer should review the relevant plan and confirm which areas are designated for your exclusive use. Walk the property with the plan in hand to verify that the physical layout matches.