Sales
Settlement
This stage coordinates legal, lender, buyer, title, CCC, insurance, keys, defects, and money flow so the sale completes properly. This page shows what a beginner residential developer in Auckland should check, who to ask, what evidence to save, and where to verify before committing money or instructions.
How to execute this stage
Micro-stage control plan
Work through each applicable step in order. A hold point means pause the dependent decision or work until the stated evidence and authorised review are complete.
01Settlement conditionsLevel 2 · Sales
TaskCheckHold pointEvidenceRecordNext actionSimple explanation
Settlement conditions
Technical context
Test this point against Settlement statement, the current feasibility version and written input from Lawyer. Separate verified facts, professional opinion and assumptions.
Why it matters: This check can change yield, consent pathway, acquisition terms, funding, cost, programme or exit strategy. It must be resolved before the developer relies on whether settlement conditions are satisfied.
Prerequisites
- Settlement statement is current and its source/date are recorded.
- The project objective, feasibility version and decision deadline are clear.
- Lawyer has a focused brief where professional confirmation is required.
Checks
- Does Settlement statement directly support the conclusion?
- Which information is verified, assumed, missing, superseded or contradictory?
- Has the feasibility, programme, risk register and decision register been updated?
Evidence to save
- Settlement statement
- Written Lawyer response or a recorded reason it is not required
- Dated feasibility/risk/decision update
Hold point
Do not waive a condition, instruct design/work, commit funding, lodge, purchase, settle or represent the conclusion as confirmed until the authorised decision-maker has the required evidence and advice.
Stop or escalate when
- The source is missing, old, inconsistent or outside the reviewer's scope.
- The check changes yield, approval pathway, funding, legal rights, tax, safety or a material cost/programme assumption.
- A deadline is approaching and the responsible professional has not confirmed the position.
Documents and records
- Settlement statement
- Settlement checklist
- Handover checklist
- Current feasibility, risk register and decision register
- Cost effect
- Record changes to land value, consultant/council cost, construction/civil cost, finance, holding cost, contingency and exit value before whether settlement conditions are satisfied.
- Programme effect
- Record the decision deadline, dependencies, information lead time and effect on acquisition, consent, procurement, construction, sales or settlement milestones.
Next action
deposit
Applicability: Confirm whether this check applies to the actual site, ownership, strategy, consent pathway, infrastructure and delivery model; record a reason when not applicable.
Use current site-specific documents and appropriately appointed professional advice. BuildPath does not make the development decision for you.
02depositLevel 2 · Sales
TaskCheckHold pointEvidenceRecordNext actionSimple explanation
deposit
Technical context
Test this point against Sale agreement, the current feasibility version and written input from Developer. Separate verified facts, professional opinion and assumptions.
Why it matters: This check can change yield, consent pathway, acquisition terms, funding, cost, programme or exit strategy. It must be resolved before the developer relies on what undertakings or retentions are acceptable.
Prerequisites
- Sale agreement is current and its source/date are recorded.
- The project objective, feasibility version and decision deadline are clear.
- Developer has a focused brief where professional confirmation is required.
Checks
- Does Sale agreement directly support the conclusion?
- Which information is verified, assumed, missing, superseded or contradictory?
- Has the feasibility, programme, risk register and decision register been updated?
Evidence to save
- Sale agreement
- Written Developer response or a recorded reason it is not required
- Dated feasibility/risk/decision update
Hold point
Do not waive a condition, instruct design/work, commit funding, lodge, purchase, settle or represent the conclusion as confirmed until the authorised decision-maker has the required evidence and advice.
Stop or escalate when
- The source is missing, old, inconsistent or outside the reviewer's scope.
- The check changes yield, approval pathway, funding, legal rights, tax, safety or a material cost/programme assumption.
- A deadline is approaching and the responsible professional has not confirmed the position.
Documents and records
- Sale agreement
- Settlement checklist
- Handover checklist
- Current feasibility, risk register and decision register
- Cost effect
- Record changes to land value, consultant/council cost, construction/civil cost, finance, holding cost, contingency and exit value before what undertakings or retentions are acceptable.
- Programme effect
- Record the decision deadline, dependencies, information lead time and effect on acquisition, consent, procurement, construction, sales or settlement milestones.
Next action
balance
Applicability: Confirm whether this check applies to the actual site, ownership, strategy, consent pathway, infrastructure and delivery model; record a reason when not applicable.
Use current site-specific documents and appropriately appointed professional advice. BuildPath does not make the development decision for you.
03balanceLevel 2 · Sales
TaskCheckHold pointEvidenceRecordNext actionSimple explanation
balance
Technical context
Test this point against CCC/title evidence, the current feasibility version and written input from Buyer lawyer. Separate verified facts, professional opinion and assumptions.
Why it matters: This check can change yield, consent pathway, acquisition terms, funding, cost, programme or exit strategy. It must be resolved before the developer relies on handover timing.
Prerequisites
- CCC/title evidence is current and its source/date are recorded.
- The project objective, feasibility version and decision deadline are clear.
- Buyer lawyer has a focused brief where professional confirmation is required.
Checks
- Does CCC/title evidence directly support the conclusion?
- Which information is verified, assumed, missing, superseded or contradictory?
- Has the feasibility, programme, risk register and decision register been updated?
Evidence to save
- CCC/title evidence
- Written Buyer lawyer response or a recorded reason it is not required
- Dated feasibility/risk/decision update
Hold point
Do not waive a condition, instruct design/work, commit funding, lodge, purchase, settle or represent the conclusion as confirmed until the authorised decision-maker has the required evidence and advice.
Stop or escalate when
- The source is missing, old, inconsistent or outside the reviewer's scope.
- The check changes yield, approval pathway, funding, legal rights, tax, safety or a material cost/programme assumption.
- A deadline is approaching and the responsible professional has not confirmed the position.
Documents and records
- CCC/title evidence
- Settlement checklist
- Handover checklist
- Current feasibility, risk register and decision register
- Cost effect
- Record changes to land value, consultant/council cost, construction/civil cost, finance, holding cost, contingency and exit value before handover timing.
- Programme effect
- Record the decision deadline, dependencies, information lead time and effect on acquisition, consent, procurement, construction, sales or settlement milestones.
Next action
CCC/title triggers
Applicability: Confirm whether this check applies to the actual site, ownership, strategy, consent pathway, infrastructure and delivery model; record a reason when not applicable.
Use current site-specific documents and appropriately appointed professional advice. BuildPath does not make the development decision for you.
04CCC/title triggersLevel 2 · Sales
TaskCheckHold pointEvidenceRecordNext actionSimple explanation
CCC/title triggers
Technical context
Test this point against Handover pack, the current feasibility version and written input from Lender. Separate verified facts, professional opinion and assumptions.
Why it matters: This check can change yield, consent pathway, acquisition terms, funding, cost, programme or exit strategy. It must be resolved before the developer relies on whether settlement conditions are satisfied.
Prerequisites
- Handover pack is current and its source/date are recorded.
- The project objective, feasibility version and decision deadline are clear.
- Lender has a focused brief where professional confirmation is required.
Checks
- Does Handover pack directly support the conclusion?
- Which information is verified, assumed, missing, superseded or contradictory?
- Has the feasibility, programme, risk register and decision register been updated?
Evidence to save
- Handover pack
- Written Lender response or a recorded reason it is not required
- Dated feasibility/risk/decision update
Hold point
Do not waive a condition, instruct design/work, commit funding, lodge, purchase, settle or represent the conclusion as confirmed until the authorised decision-maker has the required evidence and advice.
Stop or escalate when
- The source is missing, old, inconsistent or outside the reviewer's scope.
- The check changes yield, approval pathway, funding, legal rights, tax, safety or a material cost/programme assumption.
- A deadline is approaching and the responsible professional has not confirmed the position.
Documents and records
- Handover pack
- Settlement checklist
- Handover checklist
- Current feasibility, risk register and decision register
- Cost effect
- Record changes to land value, consultant/council cost, construction/civil cost, finance, holding cost, contingency and exit value before whether settlement conditions are satisfied.
- Programme effect
- Record the decision deadline, dependencies, information lead time and effect on acquisition, consent, procurement, construction, sales or settlement milestones.
Next action
pre-settlement inspection
Applicability: Confirm whether this check applies to the actual site, ownership, strategy, consent pathway, infrastructure and delivery model; record a reason when not applicable.
Use current site-specific documents and appropriately appointed professional advice. BuildPath does not make the development decision for you.
05pre-settlement inspectionLevel 2 · Sales
TaskCheckHold pointEvidenceRecordNext actionSimple explanation
pre-settlement inspection
Technical context
Test this point against Keys register, the current feasibility version and written input from Agent. Separate verified facts, professional opinion and assumptions.
Why it matters: This check can change yield, consent pathway, acquisition terms, funding, cost, programme or exit strategy. It must be resolved before the developer relies on what undertakings or retentions are acceptable.
Prerequisites
- Keys register is current and its source/date are recorded.
- The project objective, feasibility version and decision deadline are clear.
- Agent has a focused brief where professional confirmation is required.
Checks
- Does Keys register directly support the conclusion?
- Which information is verified, assumed, missing, superseded or contradictory?
- Has the feasibility, programme, risk register and decision register been updated?
Evidence to save
- Keys register
- Written Agent response or a recorded reason it is not required
- Dated feasibility/risk/decision update
Hold point
Do not waive a condition, instruct design/work, commit funding, lodge, purchase, settle or represent the conclusion as confirmed until the authorised decision-maker has the required evidence and advice.
Stop or escalate when
- The source is missing, old, inconsistent or outside the reviewer's scope.
- The check changes yield, approval pathway, funding, legal rights, tax, safety or a material cost/programme assumption.
- A deadline is approaching and the responsible professional has not confirmed the position.
Documents and records
- Keys register
- Settlement checklist
- Handover checklist
- Current feasibility, risk register and decision register
- Cost effect
- Record changes to land value, consultant/council cost, construction/civil cost, finance, holding cost, contingency and exit value before what undertakings or retentions are acceptable.
- Programme effect
- Record the decision deadline, dependencies, information lead time and effect on acquisition, consent, procurement, construction, sales or settlement milestones.
Next action
defect agreement
Applicability: Confirm whether this check applies to the actual site, ownership, strategy, consent pathway, infrastructure and delivery model; record a reason when not applicable.
Use current site-specific documents and appropriately appointed professional advice. BuildPath does not make the development decision for you.
06defect agreementLevel 2 · Sales
TaskCheckHold pointEvidenceRecordNext actionSimple explanation
defect agreement
Technical context
Test this point against Insurance notes, the current feasibility version and written input from Builder. Separate verified facts, professional opinion and assumptions.
Why it matters: This check can change yield, consent pathway, acquisition terms, funding, cost, programme or exit strategy. It must be resolved before the developer relies on handover timing.
Prerequisites
- Insurance notes is current and its source/date are recorded.
- The project objective, feasibility version and decision deadline are clear.
- Builder has a focused brief where professional confirmation is required.
Checks
- Does Insurance notes directly support the conclusion?
- Which information is verified, assumed, missing, superseded or contradictory?
- Has the feasibility, programme, risk register and decision register been updated?
Evidence to save
- Insurance notes
- Written Builder response or a recorded reason it is not required
- Dated feasibility/risk/decision update
Hold point
Do not waive a condition, instruct design/work, commit funding, lodge, purchase, settle or represent the conclusion as confirmed until the authorised decision-maker has the required evidence and advice.
Stop or escalate when
- The source is missing, old, inconsistent or outside the reviewer's scope.
- The check changes yield, approval pathway, funding, legal rights, tax, safety or a material cost/programme assumption.
- A deadline is approaching and the responsible professional has not confirmed the position.
Documents and records
- Insurance notes
- Settlement checklist
- Handover checklist
- Current feasibility, risk register and decision register
- Cost effect
- Record changes to land value, consultant/council cost, construction/civil cost, finance, holding cost, contingency and exit value before handover timing.
- Programme effect
- Record the decision deadline, dependencies, information lead time and effect on acquisition, consent, procurement, construction, sales or settlement milestones.
Next action
keys/remotes
Applicability: Confirm whether this check applies to the actual site, ownership, strategy, consent pathway, infrastructure and delivery model; record a reason when not applicable.
Use current site-specific documents and appropriately appointed professional advice. BuildPath does not make the development decision for you.
07keys/remotesLevel 2 · Sales
TaskCheckHold pointEvidenceRecordNext actionSimple explanation
keys/remotes
Technical context
Test this point against Settlement statement, the current feasibility version and written input from Accountant. Separate verified facts, professional opinion and assumptions.
Why it matters: This check can change yield, consent pathway, acquisition terms, funding, cost, programme or exit strategy. It must be resolved before the developer relies on whether settlement conditions are satisfied.
Prerequisites
- Settlement statement is current and its source/date are recorded.
- The project objective, feasibility version and decision deadline are clear.
- Accountant has a focused brief where professional confirmation is required.
Checks
- Does Settlement statement directly support the conclusion?
- Which information is verified, assumed, missing, superseded or contradictory?
- Has the feasibility, programme, risk register and decision register been updated?
Evidence to save
- Settlement statement
- Written Accountant response or a recorded reason it is not required
- Dated feasibility/risk/decision update
Hold point
Do not waive a condition, instruct design/work, commit funding, lodge, purchase, settle or represent the conclusion as confirmed until the authorised decision-maker has the required evidence and advice.
Stop or escalate when
- The source is missing, old, inconsistent or outside the reviewer's scope.
- The check changes yield, approval pathway, funding, legal rights, tax, safety or a material cost/programme assumption.
- A deadline is approaching and the responsible professional has not confirmed the position.
Documents and records
- Settlement statement
- Settlement checklist
- Handover checklist
- Current feasibility, risk register and decision register
- Cost effect
- Record changes to land value, consultant/council cost, construction/civil cost, finance, holding cost, contingency and exit value before whether settlement conditions are satisfied.
- Programme effect
- Record the decision deadline, dependencies, information lead time and effect on acquisition, consent, procurement, construction, sales or settlement milestones.
Next action
GST/tax record
Applicability: Confirm whether this check applies to the actual site, ownership, strategy, consent pathway, infrastructure and delivery model; record a reason when not applicable.
Use current site-specific documents and appropriately appointed professional advice. BuildPath does not make the development decision for you.
08GST/tax recordLevel 2 · Sales
TaskCheckHold pointEvidenceRecordNext actionSimple explanation
GST/tax record
Technical context
Test this point against Sale agreement, the current feasibility version and written input from Lawyer. Separate verified facts, professional opinion and assumptions.
Why it matters: This check can change yield, consent pathway, acquisition terms, funding, cost, programme or exit strategy. It must be resolved before the developer relies on what undertakings or retentions are acceptable.
Prerequisites
- Sale agreement is current and its source/date are recorded.
- The project objective, feasibility version and decision deadline are clear.
- Lawyer has a focused brief where professional confirmation is required.
Checks
- Does Sale agreement directly support the conclusion?
- Which information is verified, assumed, missing, superseded or contradictory?
- Has the feasibility, programme, risk register and decision register been updated?
Evidence to save
- Sale agreement
- Written Lawyer response or a recorded reason it is not required
- Dated feasibility/risk/decision update
Hold point
Do not waive a condition, instruct design/work, commit funding, lodge, purchase, settle or represent the conclusion as confirmed until the authorised decision-maker has the required evidence and advice.
Stop or escalate when
- The source is missing, old, inconsistent or outside the reviewer's scope.
- The check changes yield, approval pathway, funding, legal rights, tax, safety or a material cost/programme assumption.
- A deadline is approaching and the responsible professional has not confirmed the position.
Documents and records
- Sale agreement
- Settlement checklist
- Handover checklist
- Current feasibility, risk register and decision register
- Cost effect
- Record changes to land value, consultant/council cost, construction/civil cost, finance, holding cost, contingency and exit value before what undertakings or retentions are acceptable.
- Programme effect
- Record the decision deadline, dependencies, information lead time and effect on acquisition, consent, procurement, construction, sales or settlement milestones.
Next action
Make and record the stage decision: What undertakings or retentions are acceptable. Then open the next applicable development stage.
Applicability: Confirm whether this check applies to the actual site, ownership, strategy, consent pathway, infrastructure and delivery model; record a reason when not applicable.
Use current site-specific documents and appropriately appointed professional advice. BuildPath does not make the development decision for you.
Developer go / no-go control
Decision gates before the next commitment
A gate records whether evidence supports a commercial decision. It does not replace advice or predict an authority, lender, purchaser or market outcome.
Before marketing, sale and settlement commitments
Decision: Launch/contract/settle, change conditions, or delay
Minimum evidence
- • Marketing and sale material is checked against current approved/project facts
- • Title/subdivision, CCC and disclosure dependencies are tracked with advisers
- • Handover, warranties, defects and purchaser information have owners
Update before deciding
- • Net sale proceeds, fees, incentives and tax/GST advice
- • CCC/title/settlement timing and finance interest
- • Defect, retention, warranty and settlement-risk allowances
Stop / escalate when
- • A claim cannot be supported by current evidence
- • Settlement preconditions are not realistically achievable
- • A material legal, tax, title or completion issue is unresolved
What this stage means
- Settlement is the part of the project where the developer turns an idea into a checked decision, not a guess.
- The stage should connect market demand, planning rules, legal constraints, design, cost, funding, time, risk, and exit strategy.
- For Auckland residential development, the answer is site-specific. The same idea can be low risk on one site and unworkable on the next because of zoning, overlays, title interests, services, slope, flooding, neighbours, or finance.
Why this stage matters
- Early mistakes become expensive because land, design, consultants, holding costs, consent fees, and finance costs continue even when the project is paused.
- The developer needs written evidence for lenders, consultants, lawyers, valuers, builders, purchasers, and future dispute protection.
- This stage usually needs verification from Toitu Te Whenua LINZ land records, Relevant professional advice, Inland Revenue property guidance before the developer treats the conclusion as reliable.
Step-by-step guide
- 1Define the decision needed at the end of this stage and the date it is needed by.
- 2Gather the stage documents: Settlement statement, Sale agreement, CCC/title evidence, Handover pack, and the remaining stage records.
- 3Read the documents once for understanding, then again to list unknowns, risks, contradictions, missing evidence, and professional questions.
- 4Ask the responsible professionals to confirm the critical points: Lawyer, Developer, Buyer lawyer, Lender.
- 5Update the feasibility, programme, risk register, and decision register with source references and dates.
- 6Decide whether to proceed, pause, redesign, renegotiate, add conditions, seek more advice, or abandon the option.
- 7Save the evidence in a dated folder and write a short stage closeout note explaining what was decided and why.
What the developer must do
- Write down the development objective for settlement in one clear paragraph: build-to-sell, build-to-rent, retain one dwelling, subdivide, renovate, or staged development.
- Open the current feasibility, programme, decision register, risk register, and due diligence folder before making new commitments.
- Collect the documents needed for this stage: Settlement statement, Sale agreement, CCC/title evidence, Handover pack, Keys register, Insurance notes.
- Send focused questions to the right people: Lawyer, Developer, Buyer lawyer, Lender, Agent, Builder, Accountant.
- Record assumptions separately from verified facts so the feasibility does not look more certain than it really is.
- Update cost, time, consent, finance, and sales assumptions immediately after receiving new information.
- Escalate anything that changes yield, sale price, cost, timing, consent pathway, title, funding, or settlement risk.
Verification
Source / where to check
Use current official information and the controlled documents for the actual project.
Use LINZ, a lawyer, and a licensed cadastral surveyor to verify Record of Title, legal description, interests, easements, covenants, consent notices, survey plans, and boundary/title matters.
Planner, surveyor, architect, engineer, quantity surveyor, lawyer, accountant, lender, valuer, real estate agent, and other project specialists must confirm site-specific decisions.
Use IRD property guidance for tax topics such as income tax, GST, rental income, property sales, and entity records. Confirm project-specific treatment with an accountant or tax adviser.
Project-specific consented documents and professional advice override generic guidance.
Common mistakes
- Treating an agent comment, generic online rule, or old document as verified site-specific advice.
- Forgetting to update the feasibility after design, consent, finance, or market information changes.
- Not allowing enough contingency, professional fees, council fees, finance costs, holding costs, and time risk.
- Failing to keep written records of who confirmed what and when.
- Using settlement to push ahead even when the red flags show the project should pause.
Common risks
- Yield reduces after proper planning, engineering, title, or infrastructure review.
- Costs increase after QS, builder, civil, geotechnical, demolition, asbestos, or consent information is received.
- Programme moves out because consultant inputs, council RFIs, neighbour issues, finance, title, or construction sequencing take longer than assumed.
- Funding or sales assumptions change before the project reaches settlement.
- The developer relies on unverified information and loses negotiating power or misses a due diligence deadline.
Common costs
- Professional fees for planner, architect/designer, surveyor, engineer, QS, lawyer, accountant, valuer, and lender reports.
- Council fees, consent fees, development contribution estimates, engineering approvals, infrastructure checks, and inspection/monitoring costs where relevant.
- Design revisions, reports, investigations, demolition/asbestos work, service location, geotechnical testing, and valuation updates.
- Holding costs such as interest, rates, insurance, utilities, temporary maintenance, and security.
- Contingency for unverified conditions until the relevant professional confirms them.
Quotes and fee proposals to obtain
- Obtain written fee proposals or quotations from the relevant stage professionals: Lawyer, Developer, Buyer lawyer, Lender, Agent, Builder, Accountant.
- Issue the same current documents and a clear scope to each party so prices, exclusions, assumptions, deliverables, lead times, and programme can be compared.
- Identify council, authority, investigation, testing, design, construction, monitoring, and close-out charges that may sit outside a consultant or contractor quote.
- Record every provisional sum, estimate, exclusion, expiry date, dependency, and unverified allowance in the Quote Register and feasibility.
- Do not approve an appointment or purchase order until scope ownership, evidence required, payment terms, variation process, insurance or competency checks, and completion deliverables are understood.
Common delays
- Waiting for property file, LIM, title instruments, survey information, consultant reports, or council responses.
- Design changes caused by planning controls, infrastructure constraints, engineering findings, budget pressure, or market feedback.
- Lender, valuer, lawyer, or purchaser conditions not being satisfied on time.
- Council RFI responses needing more consultant work than expected.
- Construction or subdivision closeout documents not matching settlement or sales deadlines.
Common consultant questions
- For Settlement, what are the three highest risks that could change cost, time, yield, or approval pathway?
- Which parts of your advice are confirmed, which are assumptions, and which require another professional to confirm?
- What documents did you rely on, and are any documents missing, outdated, superseded, or inconsistent?
- What decision does the developer need to make now, and what should wait until more information is available?
- What wording should go into the decision register, consultant meeting minutes, or lender/client update?
Red flags
- A professional says the issue is outside their scope and no one else has been asked to confirm it.
- The feasibility only works if optimistic sale prices, low construction costs, fast consent, low interest, and no delays all happen together.
- A title, planning, flooding, geotechnical, access, service, or covenant issue may prevent the intended yield.
- A seller, agent, builder, or consultant pressures the developer to waive due diligence before core checks are complete.
- The project file has no written evidence for a major decision.
When to stop and get professional advice
- Stop and get professional advice when title, easements, covenants, unit title, cross lease, or subdivision matters affect the proposal.
- Stop and get professional advice when zoning, overlays, activity status, notification, infrastructure capacity, flooding, geotechnical, contamination, or heritage could affect yield.
- Stop and get professional advice when GST, income tax, entity structure, lending, guarantees, or sale contract terms affect the decision.
- Stop and get professional advice when the developer is about to sign, waive a condition, lodge consent, start work, approve a variation, accept practical completion, or settle.
Decisions that must be made
- Whether settlement conditions are satisfied
- What undertakings or retentions are acceptable
- Handover timing
Evidence to save
- Dated source documents and consultant advice.
- Feasibility version showing the assumptions used at the time of decision.
- Risk register and decision register entries.
- Meeting notes, emails, marked-up plans, calculations, photos, and council/lender/consultant responses.
- Clear note of who approved the next step and any conditions attached to that approval.
Beginner-friendly example
The buyer wants settlement before a minor defect is fixed; the developer asks the lawyer how to document any agreement before handing over keys.
Use this in my project
Turn settlement into controlled action
Open the relevant workspace register, create the project-specific record, link the controlling documents and preserve evidence. The guide does not automatically approve or verify the action.
