Buying or Selling Property
When buying property person/persons should initially seek legal advice from a solicitor/conveyancer who will give you detailed information to protect your interests including specific requirements of the Conveyancing Act.
Information about a specific property for sale should be sought from the acting agent who has listed the property as the first point of contact. If required more detailed information can be sought from Council on request and this information is usually applied for by the owner or someone with the written consent of the owner or by their Solicitor/Conveyancer, a fee may be incurred from this request.
Planning certificates are generated on the lot and Deposited Plan (DP), not the street address; if several lots refer to different Assessment Numbers separate certificate for each assessment must be applied for. Each certificate will require the payment of the appropriate fees.
Common information requests received by Council are:
• Section 10.7 Planning Certificate (S10.7 (2) and S10.7 (5)
• Drainage Diagrams
• Outstanding Notices 735A &Certificate to Order - Schedule 5 EP&A Act 1979 (previously known as 121ZP)
• 603 Certificates
Section 10.7 Planning Certificates, also known as (149 zoning certificates) are legal documents issued by Council under the provisions of Section 10.7 of the Environmental Planning and Assessment Act 1979. The certificate provides information on planning controls and any development restrictions which may apply to a particular parcel of land within the Council area. They are legally required to form part of a Contract and must be obtained before a property can be listed for sale.
There are 2 certificate options:
A Section 10.7(2) certificate shows the zoning of the property, its relevant state, regional and local planning controls and other property constraints such as land contamination, road widening and bushfire prone land.
A Section 10.7(2) and 10.7(5) certificate provides the same information as above but also includes other factors such as advice from other authorities and certain information that Council holds on a property that is relevant to the land but is not disclosed in a Section 10.7(2) certificate (Building Entitlement).
Drainage Diagram
A Drainage Diagram shows the location of sewer pipes on a property and connection to reticulated sewer main where applicable. If land is located outside the reticulated sewer system, the land may be serviced by on on-site waste management system (OSWW).
When sewer drainage work is carried out on a residential, commercial or an industrial property, plumbers are required to submit an updated or new drainage diagram to Council and the property owner at the completion of the drainage work.
735A Certificates & Certificates as to Order - Schedule 5 EP&A Act 1979 (previously known as 121ZP)
These certificates specifying outstanding health and building notices and orders in force in respect of the lot, as at the date of the certificate.
Certificate as to Order - Schedule 5 EP&A Act 1979 certificates are issued ONLY under the Environmental Planning and Assessment Act 1979 (EP&A Act).
Section 735A certificates are issued ONLY under the Local Government Act 1993 (LG Act).
A Full Search for notices and orders includes notices and directions under the Swimming Pools Act 1992, Food Act 2003, Public Health Act 1991, Roads Act 1993 and Protection of the Environment Operations Act 1997.
Outstanding notices and orders are generated on the lot, not the street address. When an address comprises of more than one lot, a separate certificate may be required if the lots are noted on separate rates assessment notices.
Section 603 rating certificates
Rating certificates specify any outstanding rates, charges and debts payable to Council in respect of the rateable property.
Section 603 rating certificates are issued under the Local Government Act 1993 (LG Act).
Rating certificates are generated per rateable property. This means that if a property comprises multiple lots, for the purpose of ratings these lots will be combined to form the one rating assessment.