10.7 Planning Certificate
A 10.7 Certificate is a planning certificate under Section 10.7 of the Environmental Planning and Assessment Act 1979. This certificate was previously called a 149 Certificate.
These certificates provide information on the parcel of land including zoning, planning restrictions, development consent issued, contaminated land and tree preservation orders that apply to the land on the date the certificate is issued. There are two types of 10.7 Planning Certificates: 10.7(2) and 10.7(5).
What is the difference?
A 10.7(2) Certificate provides you with zoning information, whether the land is affected by any Draft Local Environmental Plans and Development Control Plans, and the restrictions and guidelines the parcel of land has on development that may be carried out.
A 10.7(5) Certificate includes a 10.7(2) Certificate as well as information such as tree preservation orders, development consent granted within the previous 2 years, Residential District Proclamation and whether the land is affected by the resolution of amendment of any environmental planning instrument or draft environmental planning instrument.
Why do I need a 10.7 Certificate?
When land is bought or sold the Conveyancing Act 1919 requires a 10.7 Planning Certificate to be attached to the contract of sale. It may also help an existing owner to determine the development potential of their land.
How do I apply for a 10.7 Certificate?
From 1 October 2022, all Planning Certificates must be submitted through the NSW Planning Portal. Follow the instructions outlined on this page to complete your application.
Other Property Information Applications Available
Building Information Certificate
A Building Certificate is a certificate that is issued in accordance with the Environmental Planning & Assessment Act 1979 or the Local Government Act 1993, to order or take proceedings for an order to have the building or part of the building (covered by the certificate) to be demolished, altered, added to or rebuilt, or to take proceedings in relation to any encroachment by the building onto land under the control of Council, for a period of seven (7) years. A certificate is usually applied for when selling houses or other property.
How is the building certificate different from the other 10.7 Certificate?
Section 10.7(2) and Section 10.7(5) certificates apply to the land specified whereas Building Information certificates apply to the structures on the land.
When to apply for a Building Information Certificate?
A Building Information Certificate is a document sought if it is suspected work has been undertaken without the appropriate approvals being issued by Council or a registered certifier.
A Building Information Certificate states that Council will not take any of the following action for a period of 7 years for the building covered by the certificate:
- demolish, alter, add to or rebuild or;
- resolve any encroachment by the building onto land under the control of Council.
A Building Information Certificate is usually requested by buyers or sellers of property before settlement to make sure that what is being bought or sold is not going to be the subject of action by Council.
Building Information Certificate application requirements
A Building Information Certificate application may be requested for either a part or whole of a building and may be requested by:
- The owner of the property;
- Another person, with the consent of the owner of the property;
- The purchaser of a property under a contract of sale (including the purchaser's solicitor or agent);
- A public authority that has notified the owner of its intention to apply for the certificate.
A Building Information Certificate application is to include an original or certified copy of a survey report and plan if it is related to residential zoned land. For land situated in other zones you may be required to provide a survey report.
The survey report and plan must represent the property and buildings as existing at the time of submitting the application. Additional information may also need to be provided (including building plans, specifications and certificates) to allow Council to assess the application.
Do I have to provide a survey?
A current identification survey from a registered surveyor is required (or a certified copy of the same). A current survey means one that is in metric and is a true representation of all improvements on the land.
Is the owner's consent required?
To be able to apply for a Building Certificate you must have the owner's consent, be the owner's solicitor/agent, be a purchaser who has entered into a contract to purchase the property, purchaser's solicitor/agent or a public authority that has notified the owner of its intention to apply for the certificate.