Exclusive Use Area
A specific area of shared land on a cross-lease or unit title property that is designated for the sole use of one owner.
What is a 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.
Why It Matters for Due Diligence
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.
How to Check
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.
Frequently Asked Questions
Can I build a structure in my exclusive-use area?
It depends on the terms of the cross-lease or body corporate rules. Most cross-lease arrangements require consent from all co-owners for any building work, even in exclusive-use areas. Unit title properties require body corporate approval. You'll also need to check council building consent requirements.
What's the difference between exclusive use and common property?
Exclusive-use areas are allocated for one owner's sole use — like a private garden or car park. Common property is shared by all owners — like a driveway, lobby, or communal garden. Both are technically part of the shared land, but exclusive-use areas can only be used by the designated owner.
Related Terms
Cross-Lease
GlossaryA form of property ownership where multiple owners share the freehold of a single piece of land and lease their individual dwellings from each other.
Flats Plan
GlossaryA registered diagram showing the building footprints and exclusive-use areas on a cross-lease property.
Common Property
GlossaryThe shared areas of a unit title or cross-lease property that all owners have the right to use and are collectively responsible for maintaining.
Unit Title
GlossaryA form of property ownership for apartments, townhouses, and other multi-unit developments where each owner holds title to their individual unit and shares ownership of common property.
Body Corporate
GlossaryThe legal entity made up of all unit title owners in a multi-unit development, responsible for managing common property and shared affairs.
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