Guidance: Building Line Restrictions

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1. What is a building line restriction?

A building line restriction (BLR) specifies that buildings on a site are not permitted to be located within a specified distance from a road or road boundary. Historically, these have been put in place at the time of subdivision where a road created was less than 20m in width. The building line restriction enabled authorities to undertake road widening at a later date. Building line restrictions may be registered on the Record of Title of a site or included in a territorial authority plan. 

While a BLR on a Record of Title may have been placed there many years ago, this restriction is still enforceable while the BLR is on the Record of Title.

2. My site has a building line restriction, what should I do?

If your site has a building line restriction but you are not looking to develop or build, you don’t need to do anything. 

If you want to build on a site with a building line restriction, you have two options:

• Comply with the building line restriction.

• Apply to remove the building line restriction.

3. Compliance with the building line restriction

Development may comply with a building line restriction in instances where:

• The new development is proposed to the rear of the exiting building(s) on the site or;

• The new development is situated far enough back on the site to comply with both the BLR and the required front yard setback of the relevant plan. In Auckland, the Auckland Unitary Plan specifies (see Chapter J1) that the front yard setback applies from the edge of the building line restriction within the site rather than the legal front boundary.

• Even when compliance with the BLR and required front yard setback is achieved, some territorial authorities may still require the BLR to be removed before development can take place within the front yard of the site.

4. Removing a building line restriction

Building line restrictions can only be removed under section 327A of the Local Government Act 1974.

• Each territorial authority will have a set application process for removal of a building line restriction (Auckland’s process is set out on the Auckland Transport website). This will usually involve providing site details, a recent copy of the record of title of the site and the building line restriction document. An application processing fee is also typically required to be paid.

• From our experience in assisting clients, the removal process can take a number of months, so we recommend starting it as soon as you are able.

• Only the registered owner of a site can apply for the removal of a BLR. However, the registered owner of a site can appoint a representative to apply on their behalf. This requires written authority from the registered owner to act.

• If the application for cancellation is approved, a signed Certificate of Cancellation will be emailed to the registered owner or representative.

• If the application for cancellation is declined, the site owner or representative will be advised in writing.

5. Summary

• Building line restrictions are a setback from the edge or centreline of a road applying to some site as a historical mechanism for allowing a territorial authority to widen the adjoining road at a later date.

• Development proposed on a site that is subject to a building line restriction must comply with the setback specified. If compliance cannot be achieved, the building line restriction will mostly likely need to be removed, unless the local authority advises otherwise.

Need Professional Help with Building Line Restrictions?

If you find yourself stuck navigating the complexities of building line restrictions, you're not alone. Having one of these restrictions on your title can become a daunting aspect of property development, especially if only identified by the council once you’ve lodged a resource consent application. Whether you're looking to comply with an existing restriction or aiming to have one removed, we've got the expertise to guide you through each step of the process.

👉 Contact Us for a no-obligation consultation to discuss your specific needs.

Guide last updated 11 September 2023.