Planning Certificate Application

Planning certificates are issued by the council under section 10.7 of the Environmental Planning and Assessment Act 1979. A section 10.7(2) certificate contains the matters prescribed by Schedule 2 of the Environmental Planning and Assessment Regulation 2021: zoning, the planning instruments and policies that apply, planning controls, and hazards and risks. A section 10.7(5) certificate adds any other relevant information the council holds about the land; councils include that advice voluntarily and the Regulation cannot prescribe it. Anyone can buy a planning certificate, for any purpose. This form is how you order one from Bega Valley Shire Council. It offers a 10.7(2) certificate, a 10.7(5) certificate on its own (only where a 10.7(2) certificate has been issued for the land in the last 30 days), or a full 10.7(2) and (5) certificate, each at standard or priority speed. When residential land is sold in NSW, section 52A of the Conveyancing Act 1919 and Schedule 1 of the Conveyancing (Sale of Land) Regulation 2022 require documents including the council planning certificate and drainage diagrams to be attached to the contract. If a required document is missing when the contract is signed, the purchaser may rescind within 14 days of exchange. Only the 10.7(2) certificate is required; a 10.7(5) certificate does not have to be attached.

When you need it

• You are preparing a contract for the sale of land in the Bega Valley and need the planning certificate that must be attached.
• You want to check the zoning, planning controls or hazards such as flooding or bushfire affecting a property before buying or developing it.
• You already hold a 10.7(2) certificate issued in the last 30 days and want the council's 10.7(5) advice added.

1. 1

   1 Application type

   Cross the certificate (10.7(2), 10.7(5) or full 10.7(2) and (5)) and the speed: standard, priority 24 hour or priority 3 hour. Priority time runs from when the council receives the application. A fee is payable for each lot. If you want a 10.7(5) only, give the number of the 10.7(2) certificate issued in the last 30 days.

2. 2

   2 Applicant's name

   Full name, street or PO address, phone, fax, mobile and email, and your DX number and reference if you are a solicitor. Choose one method of dispatch: email, DX or mail.

3. 3

   3 Owner's details

   The owner's full name and postal address.

4. 4

   4 Property details

   House or unit number or property name, street, town and postcode, whether the lot is vacant, and the lot or portion, section and DP.

5. 5

   Payment

   The form has a Mastercard or Visa section. You can also arrange payment with the council when you lodge.

• Lodge at the council office in Bega, post to PO Box 492, Bega NSW 2550, or email council@begavalley.nsw.gov.au. Phone (02) 6499 2222.
• The form notes the council cannot issue a certificate for a newly registered subdivision until a certificate of title is available.
• 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.
• Planning certificates can also be requested through the NSW Planning Portal in participating council areas; the application is sent to the council to review. Check whether this council accepts Planning Portal applications before choosing that route.

• Planning certificates are issued per lot. A property made up of several lots needs a certificate, and a fee, for each.
• Sending card details by email is risky; consider paying by phone instead.