Outstanding Notices Property Enquiry Application

Buyers and their conveyancers use this form to find out whether the council has issued notices or orders on a property that have not been complied with. Under section 735A of the Local Government Act 1993 a person may apply to the council for a certificate as to whether there are any outstanding notices it has issued under that Act for land in its area. The second option on the form, 121ZP, refers to the former section of the Environmental Planning and Assessment Act 1979 for a certificate about outstanding orders; that provision now sits in Schedule 5 of the Act. You can ask for either certificate or both.

When you need it

• You are buying land in the Bega Valley and want to check for outstanding council notices or orders before exchange or settlement.
• You act for a vendor and want to disclose or deal with any outstanding notices before the sale.
• You need both the Local Government Act and planning-law searches, which this form lets you order together.

1. 1

   1 Application type

   Tick 735A, 121ZP or both. Payment for each notice certificate is required with the application.

2. 2

   2 Applicant's name

   Give your full name, postal address, phone, mobile, fax and email, and if you are a solicitor or conveyancer your DX or PO number and reference.

3. 3

   3 Property location

   Enter the lot, section and DP or SP, the house or unit number or property name, street, town, parish, county and postcode, the nearest cross street and side of street, whether the lot is vacant, the nature of the land (house, factory, units, farm) and its frontage, depth and area.

4. 4

   4 New subdivisions

   If the land is in a new subdivision, give the subdivider's name, the street name before subdivision, the subdivision certificate number and the old lot, section and DP and area.

5. 5

   5 and 6 References and parties

   Add any other reference, such as a folio or deed number. Then give the registered proprietor's name and address, the vendor and purchaser, the purchase price and the purpose of the enquiry.

• Lodge at the council office in Bega, post to PO Box 492, Bega NSW 2550, or send by DX to DX 4904 Bega. Phone (02) 6499 2222.
• Print clearly in block letters with a black pen and cross the boxes that apply.
• A fee applies to each certificate and the council publishes its current amounts each financial year. Check the current fee schedule before paying, as printed amounts change on 1 July.

• A section 735A certificate covers notices under the Local Government Act only. Order the 121ZP (Schedule 5) certificate as well if you also want planning and building orders checked.
• Check the lot and DP against a current title search; for a new subdivision, give the pre-subdivision details so the council can find older notices.