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Unexpected overlay found

This can change development yield, consent pathway, purchase price, funding, construction cost, settlement timing, or legal risk. Treat it as a decision point, not background noise.

Due diligence / overlays reviewHighoverlayheritagecharacterecologyLast reviewed 11 August 2026

What it looks like

  • AUP map shows heritage, character, ecological, coastal, flood, or other overlay after initial pricing.
  • Planner asks for specialist reports not included in the budget.

Likely causes

  • Incomplete map review
  • Reliance on listing information
  • Overlays hidden by multiple map layers

Immediate action

  1. 1Pause the affected decision or commitment until the issue is understood.
  2. 2Record the issue in the risk register with date, source, owner, and next action.
  3. 3Send the relevant documents to Planner, Architect, Specialist consultant and ask for written advice.
  4. 4Update feasibility, programme, budget, and decision register if cost, time, yield, consent, title, finance, or sales assumptions may change.

Step-by-step solution

  1. 1Define the problem in one sentence and identify which project decision it affects.
  2. 2Check the controlling documents: AUP maps, Auckland Unitary Plan overlay provisions, Planning memo, Specialist report.
  3. 3Ask the responsible professional to confirm whether the issue is real, minor, manageable, or project-changing.
  4. 4List the available options: redesign, renegotiate, seek consent, add cost allowance, change programme, change sales strategy, or abandon.
  5. 5Price and programme each option using the current feasibility model.
  6. 6Make a written decision with source references and approval from the developer or project owner.
  7. 7Notify affected parties such as lender, lawyer, consultants, builder, agent, buyer, or council when required.

What not to do

  • Do not rely on a seller, agent, or builder comment when a planner, lawyer, accountant, engineer, surveyor, valuer, lender, or council needs to confirm it.
  • Do not hide the issue from the feasibility just because the project looked profitable yesterday.
  • Do not waive due diligence, lodge consent, sign a contract, approve a variation, or promise settlement while the issue is unresolved.
  • Do not give legal, tax, finance, planning, engineering, or council advice to others unless a qualified professional has confirmed it.

Verification

Source / where to check

Use current official information and the controlled documents for the actual project.

Check the operative plan, maps, zones, precincts, overlays, activity status, development controls, subdivision rules, and assessment criteria for the specific site.

Use the plan maps to confirm site-specific zoning, overlays, precincts, controls, designations, natural hazards, and planning layers before relying on generic guidance.

Relevant professional advice

Planner, surveyor, architect, engineer, quantity surveyor, lawyer, accountant, lender, valuer, real estate agent, and other project specialists must confirm site-specific decisions.

Project-specific consented documents and professional advice override generic guidance.

Cost impact

Medium to high depending on specialist reports, redesign, notification risk, and consent conditions.

Programme impact

Medium to high because overlays often add reports, council questions, and design changes.

Risk level

High

Compliance and contract impact

Check whether the issue changes the resource consent pathway or conditions, building consent documents, consultant scope, sale and purchase conditions, finance terms, construction contract scope, notice requirements, variation process, or settlement obligations.

Example email / decision wording

Subject: Unexpected overlay found — advice and decision required. We identified this issue during due diligence / overlays review. The current evidence is listed in the attached record. Please confirm the controlling requirement, available options, cost/programme implications, further information needed, and whether any consent, contract, funding, or settlement action must pause. No assumption has been approved pending written advice.

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