Section 10.7 Planning Certificates in NSW
What the council planning certificate tells you, and what to look for before you exchange
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Every NSW contract for the sale of land must include a planning certificate issued by the local council under section 10.7 of the Environmental Planning and Assessment Act. It is one of the most useful documents in the contract, and one of the least read.
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10.7(2) and 10.7(5)
A section 10.7(2) certificate sets out the zoning and the planning controls that apply to the land. A section 10.7(5) certificate adds other information the council holds, such as past council resolutions or known hazards. Sellers often attach both, and buyers should ask for the 10.7(5) information if it is missing.
What to look for
- Zoning, and what can be built or used on the land.
- Heritage listings and conservation areas.
- Flood, bushfire, coastal and mine subsidence affectations.
- Road widening or acquisition notations.
- Contamination and land use history notes.
- Complying development limits, which affect granny flats and some renovations.
What it does not cover
The certificate does not confirm that existing buildings were approved. For that, ask for approvals or a building information certificate. It also does not show easements or covenants on title. See title searches.
Selling in NSW
The seller must attach the certificate to the contract before it is offered for sale, along with the other prescribed documents. A missing or wrong certificate can give the buyer a right to rescind. See the NSW contract for sale.
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Questions about section 10.7 certificates
What is a section 10.7 certificate?
A planning certificate issued by a NSW council setting out the zoning and planning controls for a property.
Is a 10.7 certificate required to sell in NSW?
Yes. It is a prescribed document that must be attached to the contract.
What is the difference between 10.7(2) and 10.7(5)?
10.7(2) covers zoning and planning controls. 10.7(5) adds other information the council holds.
Does a planning certificate show if a building is approved?
No. Ask for the approvals or a building information certificate.
Related: Contract for sale NSW | Title search NSW | Contract of sale review
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