Building and Development
Buying or Selling a Property
This section contains information about the types of certificates that you may need to obtain from Council when buying or selling a property.
This information is provided as a guide only. You should always seek legal advice or consult your agent regarding your exact requirements.
The fee in respect of these applications vary and you should consult Councils Fees and Charges or their application forms.
Certificates
Section 149D (Building Certificate)
Building Certificates are dealt with under the Environmental Planning and Assessment Amendment Act 1997. Applications must be accompanied by a Registered Surveyor's Report showing all buildings on the site.
Application for Building Certificate - 149(D) (146KB)
Section 149 Planning Certificate
A Planning Certificate provides information on how a property (such as land, a house, a commercial building, etc.) may be used and the restrictions on its development. The detail which must be contained in the Certificate is specified by Section 149 of the Environmental Planning and Assessment Act. Items covered in a Certificate include the property''s zoning, permissible and prohibited uses, whether it is subject to any road widening, or if the land is contaminated.
Planning Certificates cost $40 for what is known as a "149 part (2)" and $100 for a "149 part (2) and (5)". The differing cost reflects the extra information provided in the more detailed part 5 Certificate such as possible mine subsidence and flooding.
Certificate Request Form (149, 603, 88G etc) (281KB)
Section 735A Certificate
Under section 735A of the Local Government Act a certificate can be applied for to ascertain as to whether there are any outstanding notices issued by the Council under this Act in respect of any land within the Council's area.
Certificate Request Form (149, 603, 88G etc) (281KB)
Section 121ZP Certificate
Under section 121ZP of the Environmental Planning and Assessment Amendment Act 1997 a certificate can be applied for to ascertain as to whether there are any outstanding notices or orders served in respect of development or construction matters on the property.
Certificate Request Form (149, 603, 88G etc) (281KB)
Section 603 Certificate
Under Section 603 of the Local Government Act 1993 a person may apply to the council for a 603 certificate as to the amount (if any) due or payable to the council, by way of rates, charges or otherwise, in respect of a parcel of land.
Certificate Request Form (149, 603, 88G etc) (281KB)
Section 24 Certificate
A certificate under Section 24 of the Swimming Pools Act 1992 is a certificate to the effect that, as at the date on which it is issued, a swimming pool complies with the requirements of the Act.
Certificate Request Form (149, 603, 88G etc) (281KB)
Section 64 Certificate
A certificate under the Noxious Weeds Act 1993 which details if there are any weed control notices in force over a particular parcel of land and as to any outstanding expenses payable or any resulting charges on the land.
Certificate Request Form (149, 603, 88G etc) (281KB)
Section 88G Certificate
This is a certificate issued under Section 88G of the Conveyancing Act 1919 in which advice is given by Council as to whether any amount is payable to Council because of a failure to comply with a positive covenant imposed on the title of a property in which Council is named as the authority benefited by that positive covenant. Also advice is furnished as to whether any works have been carried out by Council under terms of such a positive covenant, the cost of which may be recovered by Council from the proprietor of the property.