What is a LIM and why get one?
A Land Information Memorandum (LIM) is a report prepared by Council that presents all the information that the Council’s records and database have regarding the property. Getting a LIM can be useful:
- If you are buying a property, a LIM may answer some important questions about the property and any associated buildings (especially if you intend to carry out alterations/additions or subdivide).
- If you are thinking about selling a property, but brought the property without getting a LIM you may not realise if there is an outstanding building consent listed against the property. Don’t lose the sale for lack of a Code Compliance Certificate. It is wise to get a Land Information Memorandum (S44A Local Government Official Information and Meetings Act 1987) and address any issues well before the property goes on the market.
- If you are selling a property, having a current LIM available, is a way of providing more information about your property to potential buyers.
- A LIM provides you the opportunity to discuss any concerns you may have regarding Council requirements, matters or issues, and to obtain advice from your solicitor.
- Banks and insurance companies may require a LIM to protect their investment.
Why not just look at the Council’s property file instead of getting a LIM?
Property files only contain building permits and consents which have a CCC. They do not record consents which have never been signed off. This information is stored in the live consent file.
What information is included?
The amount of information you may get from a LIM will vary between Councils. Generally, the LIM will provide more information than a property file. The matters which shall be included in a LIM are –
- Any special features or characteristics of the land, including but not limited to: potential erosion, avulsion, falling debris, subsidence, slippage, alluvion, or inundation, or likely presence of hazardous contaminants known to the territorial authority; but not apparent from the district scheme (Town and Country Planning Act 1977) or a district plan (Resource Management Act 1991).
- Information on private and public stormwater and sewerage drains in the territorial authority’s records and plans if available.
- Information that has been notified to the territorial authority by a drinking-water supplier under section 69ZH of the Health Act 1956.
- Information on—
- Whether the land is supplied with drinking water and if so, whether the supplier is the owner of the land or a networked supplier.
- If the land is supplied with drinking water by a networked supplier, any conditions that are applicable to that supply.
- If the land is supplied with water by the owner of the land, any information the territorial authority has about the supply.
- Information relating to any rates owing in relation to the land, (and current rating valuation).
- Information concerning any consent, certificate, notice, order, or requisition affecting the land or any building on the land previously issued by the territorial authority (whether under the Building Act 1991, the Building Act 2004, or any other Act)
- The information required to be provided to a territorial authority relating to a residential building work contract e.g. Records of Work.
- Information concerning any certificate issued by a building certifier pursuant to the Building Act 1991 or the Building Act 2004.
- Information notified to the territorial authority under section 124 of the Weathertight Homes Resolution Services Act 2006.
- Information relating to the use to which that land may be put and conditions attached to that use (such as zoning, environmental protections, protected trees, current and approved resource consents, notified resource consents being processed, heritage listings, relevant proposed public works).
- Information which, in terms of any other Act, has been notified to the territorial authority by any statutory organisation having the power to classify land or buildings for any purpose (for example associated licenses for sale of food, sale of liquor).
- Any information which has been notified to the territorial authority by any network utility operator pursuant to the Building Act 1991 or the Building Act 2004.
- Any Residential pool and any inspections due.
What information is NOT included?
- Information in relation to State Highways. Please contact Transport Agency New Zealand.
- Plans for and activities on any Parks and Reserves in the vicinity of the property. Contact the Parks and Gardens Unit of your local Council.
- Network Utilities – electricity and gas and telephone connections. Information may be obtained from the relevant utility companies.
- Non-Notified Resource Consent applications in process on the subject site. (Waikato & Waipa District Councils provide this information on LIMs).
- Any resource consents on adjoining property.
How do I get a LIM?
Complete and submit a LIM Application form available from your local Council.
- Hamilton City Council
- Hauraki District Council
- Matamata-Piako District Council
- Otorohanga District Council
- Thames-Coromandel District Council
- Waikato District Council
- Waipa District Council
- Waitomo District Council
Complete the form and submit it to your council along with the appropriate fee. You will need to provide:
- A completed application form
- Street address
- Legal description e.g. Lot & DP/S
- Current Owner
- A current and Historical Certificate of Title (see application form).
- The Council is required to provide a LIM within 10 working days.
How long does it take?
A LIM report must be issued within 10 working days. Most Councils do it in far less and some have a fast track system.
- Only a current LIM is valid for the purposes of a Sale and Purchase Agreement.
- A LIM report does not include a physical inspection of the property. You should always compare the information on the LIM with what is on the property as Council may NOT have been notified of something concerning the property.
- There is no guarantee that the information about a property (especially old information) exists.
- A LIM should not be confused with a Project Information Memorandum (PIM) which has a different use and purpose.
- Also see Earthquake Prone Buildings