---
title: Keeping a consented Auckland site saleable through the Planning Act transition
description: A resource consent is often the most valuable thing on a development site. How to protect its lapse date, extend it if needed and present it to buyers as the Planning Act transition begins.
---

[Auckland Land & Projects Insights | RWC Auckland](https://blog.rwcommercialauckland.co.nz/rwc-auckland-blog)

# [Keeping a consented Auckland site saleable through the Planning Act transition](https://blog.rwcommercialauckland.co.nz/rwc-auckland-blog/keeping-a-consented-auckland-site-saleable-through-the-planning-act-transition)

 Written by [Mike Hoeft](https://blog.rwcommercialauckland.co.nz/rwc-auckland-blog/author/mike-hoeft) | Oct 23, 2026, 12:30:56 AM

On a lot of Auckland development sites, the resource consent is worth more than the dirt. A buyer who can start straight away will pay for the time and risk you've already taken out. Let the consent lapse, or hand over a consent nobody can read, and that value goes with it.

The good news from the new Planning Act is that existing RMA consents carry over as equivalent permissions under the new regime, on the same conditions. The transition doesn't cancel your consent. What it doesn't do is stop the clock on it.

> **Quick read**  
> 1\. Your consent survives the Planning Act transition on its existing conditions.  
> 2\. The clock that matters for most development consents is the lapse date, not the new expiry extensions.  
> 3\. A consent sells best with its full paper trail and enough time left for a buyer to use it.

## 1. Find your lapse date

Under section 125 of the RMA, a consent that hasn't been given effect to lapses on the date set in the consent or, if none is set, five years after it commenced. Check the decision document, not your memory, and check any variations, because a variation can change the conditions a buyer has to work with. Your planner can confirm the date in a day.

## 2. Don't confuse lapse with expiry

You may have seen that consents due to expire between 1 October 2026 and 24 months after the Specified Transition Date can be extended to that 24-month mark, and that the Minister can extend the window by a further 24 months. That rule, from the Resource Management (Duration of Consents) Amendment Act 2025, is about expiry, the end of a consent's term. A development consent that hasn't been started is usually at risk of lapsing, which is a different test. Ask your planner which one applies to yours before relying on either.

## 3. Extend before it lapses, not after

Section 125 lets the council extend the lapse period. One of the things it weighs is whether substantial progress or effort has been, and continues to be, made towards giving effect to the consent. Keep a record of design work, engineering, pricing and marketing, because that record is your evidence. Apply well ahead of the date.

## 4. Put the paper trail in one place

A buyer's lawyer and planner will ask for the decision, conditions, approved plans, any variations, engineering approvals and the development contributions assessed. Have it all in the information pack on day one. Every unanswered question becomes a discount.

## 5. Check the consent still suits the market

A scheme consented in a stronger market may not stack up now. If the consented product isn't what buyers want, price the site for what a buyer will actually build, whether that's the consented scheme or a redesign. An honest price on a consent that needs work sells. A premium price on a consent nobody wants to build doesn't.

## 6. Give a buyer enough runway

A buyer needs time to fund, finalise design and give effect to the consent before it lapses. The closer the lapse date, the fewer buyers can use it. If you're thinking of selling, start the campaign while there's still meaningful time on the clock, and line up an extension if there isn't.

## Common mistakes

- Assuming the Planning Act transition extends every consent. Existing consents carry over, but the clock still runs.
- Waiting until a buyer is found to check the lapse date.
- Marketing the consent without the conditions, so buyers find the costly ones in due diligence.
- Pricing the site as if the consented scheme still works when the market has moved.

## Frequently asked questions

**Will my resource consent survive the new Planning Act?**  
Yes. Consents granted under the RMA carry over as equivalent permissions under the new regime, on the same conditions.

**How long does a resource consent last in Auckland before it lapses?**  
Unless the consent sets a different date, five years from when it commenced, if it hasn't been given effect to. Check your decision document.

**Can I extend a resource consent that's about to lapse?**  
You can apply to Auckland Council under section 125 of the RMA. The council considers whether substantial progress or effort has been made towards giving effect to the consent, among other things. Apply well before the date.

**Does a consented site sell for more than an unconsented one?**  
Usually, when the consent suits what buyers want to build and there's enough time left to use it. A consent that needs redesign, or is close to lapsing, adds less.

## How RWC Auckland can help

We sell development land and consented sites across Auckland. We'll review your consent with you, flag what a buyer will ask about, and give you a straight view on price and timing. This is general information, not legal or planning advice, so confirm the details for your site with your planner. Call me, or start at [rwcommercialauckland.co.nz](https://rwcommercialauckland.co.nz).

Source for the transition rules: MinterEllison, "The Planning Act 2026 and Natural Environment Act 2026 are in force: what you need to know now", 1 October 2026.

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