Flats Plan
A registered diagram showing the building footprints and exclusive-use areas on a cross-lease property.
What is a Flats Plan?
A flats plan is a survey plan specific to cross-lease properties. It shows the footprint (outline) of each dwelling on the shared land, along with any exclusive-use areas allocated to individual owners (such as gardens, parking spaces, or storage areas).
The flats plan is registered with LINZ and forms part of each owner's title. It defines exactly what each cross-lease owner is entitled to occupy. The areas not shown as buildings or exclusive-use areas on the flats plan are common property shared by all owners.
Flats plans are critical because they must accurately reflect the actual buildings on the ground. If a previous owner added a deck, garage, or extension without updating the flats plan, the title is non-compliant. This can create legal issues, affect insurance, and complicate future sales.
Why It Matters for Due Diligence
Always compare the flats plan to the actual buildings when buying a cross-lease property. If the building footprint has changed since the plan was last filed — even something as simple as an enclosed porch or a new carport — the plan may need to be updated before you can get clear title.
Updating a flats plan requires consent from all co-owners, a new survey, and registration with LINZ. This can cost $10,000-$20,000+ and take several months. Negotiate with the seller to resolve any discrepancies before settlement.
How to Check
The flats plan is part of the title documents held by LINZ. Your lawyer should obtain a copy and compare it to the current building footprint. A visual inspection of the property alongside the plan is essential.
Check the LIM report for building consents that might indicate changes to the building footprint since the flats plan was last updated.
Frequently Asked Questions
What happens if the building doesn't match the flats plan?
This is a common issue with cross-lease properties. An outdated flats plan means the title is non-compliant. You'll need consent from all co-owners, a new survey, and a new flats plan registered with LINZ. The cost is typically $10,000-$20,000+. Try to have the seller fix this before settlement.
Can I see the flats plan before making an offer?
Yes, and you should. Ask the real estate agent for a copy, or your lawyer can order one from LINZ. Compare it carefully against the actual property. Any discrepancy could be a costly issue to resolve.
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.
Survey Plan
GlossaryAn official plan prepared by a licensed cadastral surveyor that defines the legal boundaries and dimensions of a property.
Exclusive Use Area
GlossaryA specific area of shared land on a cross-lease or unit title property that is designated for the sole use of one owner.
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.
LIM Report
GlossaryA Land Information Memorandum — an official council report summarising everything the council knows about a property.
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