Agreement to occupy a road

Privately owned structures that encroach on or under Council roads require an agreement to occupy. 

If you own any type of improvement that encroaches on a Council road (whether formed or unformed) you are required to have an agreement with the Council.

Improvements may be structures that are partially or fully above ground, for instance garages, or they may be partially or fully below ground as infrastructure, for instance pipes. If these improvements intrude onto or under the road, the are called encroachments and an agreement to occupy is required.

The applicant must supply the Council with details of the extent and nature of the encroachment. 

The application fee is $213 (incl. GST) and is payable with this application. This fee is non-refundable.

Other fees and rentals: further fees are payable if the application proceeds. Annual rent will be payable as part of any agreement. 

Refer to the Property Services Agreement to Occupy information form (pdf, 628 KB) (pdf, 619 KB)

Instead of filling in the form below, you can also Download the Application Form for an Agreement to Occupy. (pdf, 527 KB) (external link)and return it along with supporting documents to:
Programme Leader, Property Transactions, Tasman District Council
189 Queen Street, Richmond, Nelson

or post to: Private Bag 4, Richmond, Nelson 7050

or scan and email it to:



Fields marked with * (asterix) are required.

Evidence supplied checklist


1. Applicants must supply evidence of the extent of the encroachment. If your encroachment is a long term one, the evidence you supply should include an occupation plan prepared by a registered surveyor. If the encroachment is underground, GPS coordinates are also required. However, if your application is for a short term occupation agreement, we will accept plans based solely on aerial photographs, i.e. without a surveyor's occupation plan. If you supply a plan based solely on aerial phogoraphy, the Council will not accept liability if the area of the encroachment is later confirmed by a survey to be less than was estimated, or it is not an encroachment onto a legal road.

2. If your encroachment is a long term one, an occupation plan prepared by a registered surveyor is mandatory to enable the registration of the encroachment on the adjacent land title. For short term occupation applications, a surveyor's occupation plan may not be neccessary. 

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