If you’re selling a home in New South Wales, a Planning Certificate (previously called a Zoning Certificate) is required to be attached to the Contract for Sale.

What does a Planning Certificate show?

A Planning Certificate lets any purchaser immediately see most restrictions, controls and conditions applying to the land they’re buying. This includes any information on how the land can be used and any restrictions on development.

What types of Certificates are available?

There are two types in NSW:

• A basic Planning Certificate – known as a Section 10.7(2) Certificate (“Basic”), and
• A Full Planning Certificate – known as a Section 10.7(2)(5) Certificate (“Full”).

Both provide information on:

• Any planning documents or controls that apply. This includes State and local environmental planning policies, as well as land zone uses, development control plans and development contribution plans;
• Any environmental hazards or constraints applying to the land, such as information on bushfire prone land, flood controls, contaminated land due to a previous use or mine subsidence;
• Whether the land is subject to any road widening or realignment proposals;
• Any orders or notices issued under the Trees (Dispute Between Neighbours) Act 2006;
• Any site compatibility certificates for seniors housing, infrastructure or affordable rental housing.
• Any draft development control plans;
• Heritage Act listing on State Heritage Register or Interim Heritage Order;
• National Trust listing; and
• Australian Heritage Database.

What is the Difference Between a Full and a Basic Planning Certificate?

While both certificates provide a lot of information, a Full one also includes details of advice on any other matters affecting the land of which Council is aware including:

• Surrounding major roadworks or within a rail corridor;
• Affected by tree and vegetation controls; and
• Whether there is the potential for loose fill asbestos to be found on properties in Council’s precinct.

Generally, if you’re selling a property, you should always attach a Full Planning Certificate – or Section 10.7(2)(5) Certificate – to the Contract for Sale.

What’s the difference between a Section 149 and a Section 10.7 Certificate?

Not a lot. Section 10.7 Certificates were previously known as Section 149 Certificates. That changed on 1 March 2018, after the section of the Environmental Planning and Assessment Act 1979 that regulates Planning Certificates changed too.

How do you obtain a Planning Certificate?

Planning Certificates are issued by local councils. To get hold of one for your property you should check out the details on the relevant council’s website. You’ll usually have to pay a fee to the council of $53 for a Basic Planning Certificate and $133 for a Full Planning Certificate.

Alternatively, if you engage a Solicitor or Licensed Conveyancer to do your conveyance, we’ll take care of that for you and make sure your Planning Certificate is in the right form.

Helpful resources from:

Fair Trading NSW, Penrith and  Newcastle City Council.

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