Rethinking policy to help communities grow sustainably.
This article was prepared by Holland Beckett and is being published by the New Zealand Herald as advertorial.
As New Zealand’s towns and cities grow and land becomes scarce, infill housing is an obvious solution to meet demand. Infill development encourages vibrant and inclusive communities by offering a range of housing choices, like duplexes, townhouses or apartments, close to existing amenities and public transport. It makes use of established infrastructure, helping to maintain and upgrade facilities, strengthening the neighbourhoods already in place.
However, thoughtful design is key. New developments need to respect the look and feel of the area, be well connected and include private and shared outdoor spaces. Safety and privacy can be provided with smart layouts, noise control and good lighting. The consenting processes across the country all emphasise these principles, and planning rules are increasingly focused on ensuring new homes contribute positively to the surrounding environment.
Ownership structure also matters when planning an infill project. There is often a strong preference for freehold titles because they provide a high degree of control and work well for standalone homes with private yards and driveways. Unit titles (or strata ownership) are commonly used for higher-density developments with shared spaces. However, either option can be made to work well in an infill context – it depends on the site, the design and the target market.
Beyond design and ownership, the long-term success and value of infill housing developments often comes down to the legal frameworks established during the development process. These include land covenants, body corporate rules and residents’ societies, which govern how shared spaces are managed and how people live alongside one another. Well-drafted rules help prevent disputes, ensure maintenance is carried out and support a sense of community.
Legislation has a key role to play in making better use of land for housing. In many areas, old land covenants (private rules between property owners, separate from council planning) are quietly stopping development. Removing these covenants is expensive and unpredictable. Either every affected owner...
Specialist property lawyer Hilary Anderson suggests policymakers should consider a better way forward, such as imposing a time limit on covenants, or flipping the current legal process on its head: instead of proving a covenant is outdated, those who benefit from it would need to show that the covenants still serve the neighbourhood meaningfully. Doing so could unlock a surprising amount of land for new housing without putting genuine neighbourhood protections at risk.
Done well, infill housing offers a practical, affordable and sustainable way to meet New Zealand’s housing needs. Whether you’re a homeowner with a large backyard or a landowner with a subdividable site, infill housing could be a smart way to unlock value. With expert legal and planning advice, and the right structure and support, you could turn unused space into valuable housing – and help your hometown grow responsibly.
Thinking about developing your property? Hilary Anderson is a Partner at leading law firm Holland Beckett, specialising in urban development and infill housing.