Planning Certificates and Building Certificates

149 Planning Certificate

Under section 149 of the Environmental Planning and Assessment Act 1979 (EP&A Act), Council will, upon application, issue a certificate providing information about planning controls or property affectations relating to any piece of land within the Council area.

Council issues section 149(2) certificates, costing $53.00 and section 149(2) and (5) certificates, costing $133.00.

149 certificates can be processed within 24 hours upon payment of an additional fee of $30.00. A certificate issued under section 149(2) provides information about the zoning of the property, the relevant state, regional and local planning controls and other property affectations such as land contamination and road widening.

A certificate issued under sections 149(2) and 149(5) provides both the information available in a section 149(2) certificate and additional information. While the certificate will state all the relevant planning instuments that apply to the property, it does not specify specific development standards or terms of the instruments. If you propose to develop the property, it will be necesary to research thoroughly all of the terms of the planning instruments which apply to the land.

149D Building Certificate

A Building Certificate is a certificate that is issued by Council under Section 149(D) of the Environmental Planning and Assessment Act 1979 (EP&A Act).  The certificate states that Council will not take any action under the EP&A Act or the Local Government Act 1993 (LG Act), to have the building covered by the certificate demolished, altered, added to or rebuilt for a period of seven (7) years, and Council will not l initiate proceedings to correct any encroachment by the building onto land under the control of Council for a period of seven (7) years. ) However, a building certificate does not operate to prevent Council from making order No 6 in the Table to section 121B of the EP&A Act, , or from taking proceedings against any person under section 125 with respect to that person's failure to obtain a development consent with respect to the erection or use of the building, or to comply with the conditions of a development consent.

A certificate is usually applied for when buying or selling a house or other property, and it may apply to the whole of a building or to part of a building.

To apply for a Building Certificate you must be the owner, or 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. Along with the completed application form and the prescribed application fee, you may be required to supply a current (or a certified copy) survey report that is a true representation of all structures on the land. On receipt of an application Council may, by notice in writing served on the applicant, require the applicant to supply it with such information (including building plans, specifications, survey reports and certificates) as may reasonably be necessary to enable the proper determination of the application.