Road encroachment policy

Our Road Encroachment & Sale Policy covers the regulation and management of the use of legal road for private purposes.

What the policy covers

As well as road encroachments, the policy covers residential and commercial applications for:

  • airspace encroachment – including balconies, conservatories and eaves that encroach into airspace above legal road
  • subsoil encroachment – including building foundations, underground parking spaces and underground tanks
  • Town Belt encroachment – applications for encroachments onto Town Belt land are not permitted.

Road Encroachment & Sale Policy

Policy principles

1. Protection of rights

The public have unimpeded access to legal road for free pedestrian and traffic movement.

2. Protection of community amenity

The road corridor adds to streetscape value and environmental and ecology purposes.

3. Public and private benefit

Unformed legal road can have significant public benefit by providing space for utilities and adding amenity value.

4. Disposal of assets

Wellington's topography and legal road layout means that some parts of the legal road may never be needed for Council business.

5. Transparency

The public can see how encroachment and road stopping applications are evaluated.

Need help?

The Encroachments team is available Monday to Friday, 8am to 5pm.

Encroachments team
Phone: 04 801 4266
Email: encroachments@wcc.govt.nz