NSW planning certificate: what it tells buyers

A planning certificate is the council's official statement of the planning rules and hazards that apply to a piece of land in NSW. Every contract for the sale of land must include one, so you'll find it attached to the contract, usually near the front. It tells you the zoning, whether the land is affected by flood rules, bushfire, road widening or acquisition, and much more. Reading it before you sign is one of the quickest ways to spot a problem.

What a planning certificate is

Councils issue planning certificates under section 10.7 of the Environmental Planning and Assessment Act 1979 (older contracts call it a "section 149 certificate"). There are two parts.

• Section 10.7(2). The required part. It answers a fixed list of questions set by regulation. It must be attached to every NSW contract for sale.
• Section 10.7(5). Extra advice the council can choose to add, for example about contamination, tree rules, or policies that don't fit the fixed questions. It doesn't have to be attached, but many sellers include it, and it's often the most useful part.

What it tells you

The questions in the 10.7(2) part follow a set order. The ones buyers most often need are:

• Zoning. The land use zone (for example R2 Low Density Residential or R3 Medium Density Residential) and what can be built there. This affects what your neighbours could build too.
• Planning rules that apply. The local environmental plan, state policies and development control plans that set height, floor space and design rules.
• Complying development. Whether faster approvals for things like extensions or new houses are possible on this land.
• Land reserved for acquisition, or road widening. Whether a government body may need some or all of the land in future.
• Flood-related development controls. Whether flood rules apply when you build. This is one of the most important answers on the certificate.
• Hazard and risk policies. Council policies on things like landslip, contamination, aircraft noise, salinity and coastal hazards.
• Bush fire prone land. Whether the land is mapped as bush fire prone, which changes how you can build.
• Loose-fill asbestos insulation. Whether the house is on the NSW register of homes with loose-fill asbestos.
• Mine subsidence, tree orders and several less common items.

Heritage listings are usually shown under the planning instruments, the zoning or the extra advice. Check both parts of the certificate and the council's heritage map.

How to read it

Start with the answers that are "yes", then read anything vague. A certificate that says "the land may be affected" or refers you to a policy is asking you to look further.

Flood

Look for the questions about flood planning areas and flood-related development controls. A "yes" doesn't always mean the house floods, but it means building work must meet flood rules and insurance may cost more. Ask the council for a flood level certificate and get an insurance quote before you sign. More in how to check flood risk.

Zoning next door

Your own zoning matters, but so does the zoning around you. If the land nearby allows apartments or townhouses, your outlook and street could change.

Acquisition and road widening

Any land reserved for a public purpose is a serious question. Ask your solicitor what it means for this property before you go further.

What a planning certificate doesn't show

It won't tell you whether building work on the property was approved, whether there are development applications on the land next door, or the state of the house. Check the council's records and the NSW Planning Portal for approvals and applications nearby, and get a building and pest inspection.

Questions

Is a planning certificate the same as a zoning certificate?

People use both names, and some councils call it a zoning certificate. In NSW the formal name is a section 10.7 planning certificate.

How old can the planning certificate in a contract be?

The contract needs a current certificate, but rules change and new hazard maps come out. If the certificate is months old, ask whether anything has changed, or order a new one from the council. Anyone can order one.

What if the certificate says the land is bush fire prone?

Building or renovating will need to meet bushfire construction rules, which can add cost. Ask whether a bushfire attack level (BAL) assessment exists, and check insurance.

Can I rely only on the planning certificate?

No. It's an important starting point, but it doesn't cover approvals, neighbouring development or the building itself. Use it alongside the rest of the contract, council records and inspections.

Keep reading

• How to check DAs near a property in NSW
• The NSW Low and Mid-Rise Housing rules: what they mean for buyers
• First home buyer checklist for NSW
• Building and pest inspection cost in Sydney

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