Building Near an Easement in New Zealand: Site Plan and Consent Requirements

An easement can affect where you place a new house, garage, sleepout, extension, retaining wall, swimming pool or other structure. Even when an easement looks like unused land, it may protect underground pipes, provide vehicle access or give another party continuing rights over part of the property.

Before designing near an easement, check the property title, easement instrument, survey information and location of any physical infrastructure. A detailed site plan can then show the proposed work, legal boundaries, easement dimensions, building clearances and relevant services for council or asset-owner review.

What Is an Easement?

Toitū Te Whenua Land Information New Zealand defines an easement as a right to use another person’s land without having possession of that land. Easements can be registered against a property’s record of title and created for a particular purpose.^[1]

Common residential easements provide rights for:

• vehicle and pedestrian access;
• stormwater drainage;
• wastewater or sewer pipes;
• water-supply pipes;
• electricity cables;
• gas services;
• telecommunications;
• overland-flow paths; or
• maintenance access.

The land affected by the easement is commonly called the burdened or servient land. The property or organisation receiving the benefit may have rights to use, inspect, repair, replace or access infrastructure inside that area.

Does an Easement Mean You Cannot Build There?

Not necessarily, but you should never assume that building within an easement is automatically permitted. The answer depends on:

• the purpose of the easement;
• the wording of the registered easement instrument;
• whether a pipe, cable, accessway or other asset is present;
• who owns or benefits from the easement;
• the proposed structure and its foundations;
• the distance from the structure to the asset;
• the depth, diameter and condition of the asset;
• the applicable council or network-utility requirements; and
• whether building or resource consent is required.

An asset owner may allow certain work near an easement subject to engineering and construction conditions. In other cases, the building may need to be moved, redesigned, supported on special foundations or kept completely outside the easement.

Quick Approval Guide

Start With the Record of Title

A current record of title identifies the landowner, legal description and registered rights and restrictions affecting the property.^[2] However, the title summary alone may not contain all the information needed to understand an easement.

Before finalising the building position, obtain:

• the current record of title;
• the deposited plan or relevant survey plan;
• the registered easement instrument;
• any consent notices;
• relevant land covenants;
• council drainage or service plans; and
• any available as-built infrastructure drawings.

The easement instrument may explain who benefits from the easement and what rights apply. These can include rights of entry, repair, renewal, maintenance and access.

If the wording is unclear or the parties disagree about their rights, obtain advice from a New Zealand property lawyer. A drafted site plan can illustrate the easement but cannot interpret or change private legal rights.

The Easement and the Physical Pipe Are Not Always in the Same Position

A common mistake is assuming that the centre of a drainage easement identifies the exact position of the underground pipe. The easement defines an area of legal rights, while the pipe is a physical asset that may have been installed in a different position.

Likewise, a pipe can sometimes exist without an obvious easement being shown on the title. Older records, private connections, relocated services and incomplete as-built information can all create uncertainty.

For this reason, the design process may need to establish both:

1. The legal position: Where the registered easement is located according to title and survey information.
2. The physical position: Where the pipe, cable, manhole or other asset is actually located on the ground.

Council GIS maps and utility plans are useful for initial planning, but they may not be sufficiently accurate for positioning foundations immediately beside an asset.

What Should the Site Plan Show?

A site plan for building near an easement should clearly distinguish between property boundaries, easement limits and physical infrastructure. Depending on the project, it should show:

• property address and legal description;
• lot and deposited-plan numbers;
• all relevant property boundaries;
• available boundary dimensions;
• north arrow, drawing scale and scale bar;
• street frontage and vehicle access;
• existing buildings and structures;
• the complete proposed building footprint;
• decks, eaves, roof overhangs and exterior steps;
• the registered easement location and width;
• the purpose of the easement, if known;
• measured clearance from the proposed work to the easement;
• known pipe, cable and service alignments;
• manholes, inspection points, valves and utility cabinets;
• building setbacks from legal boundaries;
• existing and proposed retaining walls;
• driveways, parking and manoeuvring areas;
• existing and proposed ground levels;
• areas of excavation and filling;
• stormwater-flow directions;
• trees or landscaping affecting asset access; and
• clear labels distinguishing existing and proposed work.

For a wider consent checklist, see the New Zealand building-consent site plan checklist.

Measure Clearance From the Correct Feature

A plan may need to show several different measurements:

• building to property boundary;
• building to easement boundary;
• foundation to physical pipe;
• roof eave to easement;
• retaining wall to pipe or manhole;
• excavation to underground asset;
• building to overland-flow path; and
• access clearance around a manhole or inspection point.

These measurements answer different questions. A building may comply with its district-plan boundary setback but still interfere with an easement or underground asset.

Building Near Public Water and Wastewater Assets

Network utility operators commonly require approval before construction, excavation, piling or blasting close to public infrastructure. Watercare states that approval is required for work near or over its pipes and manholes where the work could damage the assets or restrict maintenance access.^[3]

A works-over assessment may consider:

• horizontal clearance from the pipe;
• pipe depth, material, size and condition;
• foundation depth and loading;
• excavation and temporary-support methods;
• access for future repair or replacement;
• clearance around manholes and valves;
• risk of damaging the asset;
• whether the pipe should be relocated;
• engineering calculations; and
• inspection and final sign-off requirements.

Christchurch City Council similarly requires an application for building or earthworks near its water, wastewater and stormwater networks.^[4] These examples demonstrate why applicants must check the requirements of their own council and network operator.

Building Over a Public Drain

Building directly over a public stormwater or wastewater drain is usually more difficult than building beside it. The structure could prevent the asset owner from excavating, repairing or replacing the pipe and could place additional loads on it.

Possible outcomes include:

• moving the proposed building;
• relocating the pipe;
• replacing or strengthening part of the pipe;
• using specially designed foundations that bridge the asset;
• maintaining an access corridor;
• protecting manholes and inspection points; or
• refusal of the proposed building position.

Christchurch City Council advises owners rebuilding a house or garage to check that the plans do not involve building over a Council drain.^[5]

Do not assume that a council building consent automatically includes separate approval from a water or wastewater asset owner. Confirm which approvals must accompany the application and which are issued separately.

Private Drains and Shared Services

Not every pipe inside an easement is publicly owned. An easement may protect a private drain serving another dwelling or several properties.

When a private shared service is involved, check:

• which properties use the pipe;
• who is responsible for maintenance;
• whether other owners have access rights;
• whether their written agreement is required;
• how the pipe will remain accessible;
• whether the proposed foundations could damage it; and
• whether relocation requires new easement documentation.

A council may assess Building Code compliance, but private rights and obligations can remain separate matters between property owners.

Rights of Way and Access Easements

Some easements provide access rather than protecting pipes. A right of way may allow another owner to walk or drive through the affected land.^[6]

A proposed building should not obstruct:

• the legal access width;
• vehicle movement;
• pedestrian access;
• turning or manoeuvring areas;
• visibility at a driveway entrance;
• gates and their opening paths;
• maintenance access; or
• emergency access where applicable.

Remember that roof eaves, gutters, foundations, retaining walls, steps and construction scaffolding can intrude into an easement even when the main external wall does not.

Related guide: Right-of-way and shared-driveway laws in New Zealand.

Do You Need Building Consent?

Most new houses, additions and substantial structural projects require building consent. Some small structures may qualify as exempt building work, but exempt work must still comply with the Building Code and all other applicable legal requirements.

Building consent may also be required for drainage alterations that create a new connection to a network utility operator’s drain. Building Performance’s guidance explains that minor residential drain alterations can be exempt, but the exemption does not include a new connection to a network utility service.^[7]

Before relying on an exemption, confirm:

• that every exemption condition is satisfied;
• that the work complies with the Building Code;
• that district-plan requirements are met;
• that the easement permits the proposed use;
• that utility-owner approval is not required; and
• that the work will not damage or obstruct an asset.

Could Resource Consent Be Required?

An easement does not automatically trigger resource consent. However, the overall development may require resource consent if it does not comply with the relevant district or regional plan.

Possible triggers include:

• building setbacks;
• height in relation to boundary;
• site or impervious coverage;
• earthworks;
• retaining-wall height;
• vegetation removal;
• flooding or overland-flow constraints;
• waterway setbacks;
• heritage or character controls;
• vehicle-access changes; and
• activities affecting significant infrastructure.

Building consent, resource consent, easement rights and asset-owner approval are separate considerations. Approval under one process does not necessarily satisfy the others.

When Is a Survey Required?

Toitū Te Whenua is the authoritative source of New Zealand land-title and cadastral-survey records.^[8] However, mapping information viewed on a screen does not necessarily establish the exact boundary or easement position on the ground.

A licensed cadastral surveyor may be needed when:

• the building will be close to the easement;
• the easement position is uncertain;
• the title diagram is difficult to interpret;
• survey marks cannot be identified;
• fences do not match the apparent title boundaries;
• the proposal depends on a narrow clearance;
• a pipe may lie outside the easement;
• a boundary or easement must be redefined; or
• the council, designer or asset owner requests verification.

Read when a survey is needed before preparing a New Zealand site plan.

How Are Underground Services Located?

Start by reviewing council records, utility plans and property-file drainage drawings. BeforeUdig also provides information from participating asset owners about underground pipes and cables near proposed excavation work.^[9]

Depending on the project, further investigation may include:

• electronic service locating;
• ground-penetrating radar;
• opening existing manholes or inspection points;
• measuring pipe depth and direction;
• non-destructive excavation or potholing;
• CCTV inspection of drainage pipes; and
• surveying the located asset.

Utility plans are an important starting point, but physical verification may be required before excavation or foundation construction.

Foundations Near an Easement or Pipe

Foundations can affect underground assets even when the building footprint remains outside the easement. Excavation, foundation loads and changes to surrounding soil can damage or restrict access to a pipe.

An engineer may need to consider:

• the pipe’s depth and condition;
• the zone of influence from the foundation;
• soil type and bearing capacity;
• foundation loads;
• temporary excavation support;
• piles, beams or bridging foundations;
• settlement and vibration;
• retaining-wall loads;
• maintenance access; and
• how the asset could be replaced in the future.

A standard site plan does not replace structural, civil or geotechnical engineering when specialist design is required.

See when a simple New Zealand site plan is not enough.

Retaining Walls, Pools and Driveways Near Easements

Easement issues are not limited to houses and garages. Other work can also interfere with protected access or infrastructure.

Retaining walls

A retaining wall can obstruct access, load a pipe or require excavation inside the easement. Show the wall, footings, drainage, ground levels and distance from the asset.

Swimming pools

A pool excavation can affect underground pipes and create limited future repair access. Show the pool shell, coping, equipment, excavation limits and easement clearance.

Driveways and paving

Paving over an easement may sometimes be possible, but pits, valves and manholes must remain accessible. Heavy construction vehicles and compaction equipment can also damage shallow services.

Fences and gates

Fence posts can strike underground services, while gates may obstruct a right of way or maintenance access. Confirm the easement purpose and asset position before digging post holes.

Site Plan vs Survey and Specialist Documentation

Common Reasons Applications Are Delayed

• The easement is not shown on the site plan.
• The easement purpose and width are unclear.
• The title is supplied without the relevant easement instrument.
• The physical pipe is assumed to follow the centre of the easement.
• The building clearance is not dimensioned.
• Eaves, foundations or retaining walls extend into the easement.
• Manholes and inspection points are omitted.
• The underground asset’s depth is unknown.
• The proposed foundation design has not considered the pipe.
• No approval has been obtained from the asset owner.
• A fence is incorrectly treated as the legal boundary.
• Excavation and finished levels are missing.
• The site plan conflicts with engineering or drainage drawings.
• A basic drafted plan is supplied when verified survey information is required.

A Practical Approval Process

1. Order the land records: Obtain the current title, survey plan and easement instrument.
2. Identify the easement’s purpose: Determine whether it protects access, drainage, utilities or another right.
3. Check property records: Obtain available drainage, infrastructure and as-built plans.
4. Locate the physical asset: Arrange locating and survey work when its position or depth affects the design.
5. Review council requirements: Check the district plan, building-consent requirements and infrastructure standards.
6. Contact the asset owner: Confirm the required clearance and whether works-over approval is needed.
7. Adjust the design: Move or redesign the building where necessary.
8. Prepare the site plan: Show the boundaries, easement, asset, proposed structure and measured clearances.
9. Obtain specialist designs: Arrange engineering, drainage, geotechnical or survey documents where required.
10. Apply for approvals: Lodge the building consent, resource consent or asset-owner application.
11. Wait for written approval: Do not begin regulated work or excavation until the required permissions are issued.
12. Arrange inspections: Complete asset-owner and building-consent inspections during construction.

What to Provide When Ordering Your Site Plan

• Property address and legal description.
• Current record of title.
• Deposited plan or survey plan.
• Relevant easement instrument.
• Existing cadastral or topographical survey.
• Proposed building dimensions.
• Available architectural drawings.
• Council drainage or service plans.
• Asset-location information.
• Photos of the proposed building area.
• Known manholes, inspection points or utility cabinets.
• Instructions received from the council, engineer or asset owner.

Frequently Asked Questions

How close can I build to an easement in New Zealand?

There is no single nationwide distance. The required clearance depends on the easement instrument, infrastructure, asset-owner rules, foundation design and proposed project.

Can I build a garage over a drainage easement?

Possibly, but only where the applicable legal rights and asset-owner requirements allow it. You may need works-over approval, engineering, pipe protection or relocation. Moving the garage outside the easement is often simpler.

Does an easement always contain a pipe?

No. Easements can protect access or future rights, and the physical asset may not follow the exact centre of the easement. Confirm both the legal easement and actual asset location.

Can I put a shed inside an easement?

A small shed may not require building consent, but it can still interfere with easement rights or underground infrastructure. Check the title, easement instrument and asset-owner requirements before construction.

Can Council approve building over a private easement?

Council approval does not necessarily resolve private rights between landowners. Consent from affected parties or legal advice may still be needed.

Can an easement be moved or removed?

Potentially. Changing an easement normally requires agreement from the relevant parties, appropriate legal and survey documentation and registration through LINZ. Infrastructure may also need to be relocated.

Do I need a survey to show an easement?

Not in every case. A survey becomes important when the building is close to the easement, its location is uncertain or the approval authority requires verified information.

Does NZ Site Plan provide works-over approval?

No. NZ Site Plan prepares site plan drawings. Works-over approval is issued by the relevant council or asset owner.

Does NZ Site Plan locate underground pipes?

No. Pipe and cable locating must be completed by an appropriate service locator, surveyor, drainlayer or other qualified specialist. Located information can then be added to the site plan.

Final Easement Site Plan Checklist

• Obtain the current record of title.
• Order the registered easement instrument.
• Confirm the easement’s purpose and benefiting parties.
• Show the easement boundaries and width.
• Locate the physical pipe or utility where required.
• Show the proposed building, eaves and foundations.
• Dimension clearances to the easement and asset.
• Identify manholes, pits, valves and access points.
• Check property-boundary setbacks separately.
• Show excavation, retaining walls and ground levels.
• Confirm whether building or resource consent is required.
• Obtain written works-over or asset-owner approval where applicable.
• Arrange survey and engineering information when required.
• Do not begin excavation until underground services are located.

This guide was reviewed in August 2026 and provides general information only. Easement rights, district plans, council standards and network-utility requirements vary by property, region, asset and project. Confirm current requirements with the relevant council, asset owner and appropriately qualified legal, surveying and engineering professionals before construction.

Official References

1. Toitū Te Whenua LINZ — Creating, Varying and Removing Easements
2. Toitū Te Whenua LINZ — What Is on a Record of Title?
3. Watercare — Working Near or Over Water and Wastewater Assets
4. Christchurch City Council — Building Near Water, Wastewater and Stormwater Networks
5. Christchurch City Council — Drainage Plans for Your Property
6. Toitū Te Whenua LINZ — Land Registration Glossary
7. Building Performance — Minor Alterations to Drains
8. Toitū Te Whenua LINZ — Property Ownership and Boundary Data
9. BeforeUdig New Zealand — Underground Utility Information
10. Building Performance — Scope, Design and Consent Requirements
11. Building Performance — Building Code Clause E1 Surface Water