Road encroachment approvals Road encroachment approvals

Part 1 - Prepare supporting documents

AT is not involved in Part 1.

Wherever practical, applicants wishing to use a portion of the road corridor should first attempt to use their own land or make arrangements with other private parties.

The supporting documents required are outlined in Appendix 1 of the Guidelines.

The applicant must arrange for the preparation of plans as set out in the Guidelines. The Guidelines are not comprehensive and additional reports/drawings may be requested during Part 3 of the encroachment application process.

Please note: Building consent or resource consent documentation may not provide sufficient detail for an encroachment application. A request for further information will delay processing time to assess the encroachment application.

Consent from affected landowners (frontage breach)

If your project crosses your neighbour’s boundary, adjoining owner consent will be required with the encroachment application. A completed Affected Landowner Consent Form(s) and required documentation (if applicable) will need to be included with the encroachment application.

A link to the Affected Landowner Consent Form is included in the application form section below.

AT is required to take into consideration a landowner’s common-law right that the landowner adjoining a road has a right of access to the road. The landowner’s access to a road needs to be sufficient to allow them to exercise their public right to pass and repass along the road, now and in the future.

Where an encroachment crosses over in front of another landowner’s boundary, AT recognises that the landowner’s frontage right must be protected.

AT can deviate from this position where the affected landowner expressly consents to a more limited form of access. In these cases, AT may require that a land covenant, recording the agreement of the affected landowner and their successors in title, is registered against the record of title to their property.

Consent from utility operators

Where an encroachment crosses over an area where existing utilities are located or are within close proximity, consent from utility providers will also be required. This is normally presented in the form of a letter from the utility provider.

Cost of Part 1

The applicant will need to pay for the preparation of supporting plans and other documents.

Part 2 - Apply to Auckland Transport for an encroachment approval

Usually only the registered owner of the land adjoining the road corridor can apply for an encroachment approval.

The registered owner of the adjoining land can appoint a consultant (such as a planner, lawyer or other person) to act on their behalf. Written authority from the applicant is required.

Application form and how to submit

The form and details on how to pay and submit your application are provided in the section at the bottom of this page.

Cost of Part 2

Payment of the application fee (which may be a fee deposit, see below) is required at the time of submitting the encroachment application.

Part 3 - Auckland Transport evaluates the encroachment application

Each application is considered against the Guidelines. Feedback and comments are collated from multiple departments within AT.

During the evaluation phase, a request to consider practical alternatives may be required. This may require a re-design of the proposal.

If more information is needed to process the application, the applicant or their consultant will be asked to provide it. If the supporting information is not provided within 3 months, the application may lapse and a new application may be required.

If the application is successful, a delegated decision will be made to approve the application, and an approval letter, with conditions, will be sent to the applicant.

What happens if the application is not approved by AT?

AT will send a letter to the applicant (or their consultant) to advise that the application has not been approved and set out the reasons why.

Cost of Part 3

Every endeavour is made to capture the AT evaluation process within the cost of the application fee. If the application fee type is a fee deposit, additional invoices will be raised if the cost of processing exceeds the application fee deposit.

Part 4 - Encroachment licence and encumbrance

If the approval letter requires the applicant to enter into an encroachment licence and/or a first ranking encumbrance with AT, AT (or its solicitors) will prepare the licence and/or encumbrance and provide them to the applicant or their solicitors for review.

The licence will then be signed, and the encumbrance will be registered against the record of title to the adjoining property. Any other conditions set out in AT’s approval letter, such as the provision of producer statements, will also need to be satisfied.

Cost of Part 4

There are fees associated with having the licence and encumbrance documentation prepared for registration against the record of title. These fees are not covered by AT.

You are also responsible for paying your own legal fees to review the documents and arrange for signing.

Part 5 - Building the encroachment

Ensure the building is built according to the plans submitted to AT and the conditions set out in AT’s approval letter (and licence and/or encumbrance, if applicable). Additional consents from Auckland Council (building consent, resource consent, and engineering plan approval) and from AT (Vehicle Crossing Application and Corridor Access Request) may also be required.

Part 6 - Once the encroachment has been built

Once the encroachment has been built, you will need to supply any documents set out in the approval letter (or licence or encumbrance), such as producer statements, code compliance certificate, and as-built plans.

The approval letter, licence or encumbrance will set out your ongoing maintenance and inspection obligations. You may also be required to pay a licence fee to AT.