Application for Certificates

Bellingen Shire Council uses one form (FRM-CS002) for the certificates usually needed when land is bought or sold. 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. Section 603 of the Local Government Act 1993 lets a council issue a certificate stating the amount (if any) of rates, charges and other amounts due or payable to the council for a parcel of land. Section 603(2) requires the application to be accompanied by the approved fee, which the Office of Local Government sets each year; councils may charge a separate fee for expedited processing. The form also offers an outstanding notices certificate under section 735A of the Local Government Act 1993, an outstanding orders certificate under the Environmental Planning and Assessment Act 1979, a sewer diagram, a special water meter reading, and a section 305 compliance certificate under section 307 of the Water Management Act 2000 for water and sewer works.

When you need it

• You are preparing a contract for the sale of land in the Bellingen Shire and need the planning certificate and sewer diagram to attach.
• You act on a purchase and need the rating certificate, outstanding notices and orders searches and a final water reading.
• A development consent requires a section 307 compliance certificate for water or sewer works.

1. 1

   1 Applicant details

   Title, name, company and ABN, postal address, phone, mobile, email and your reference. Choose post or email delivery and say whether you need a payment receipt.

2. 2

   2 Certificate requirements

   Tick each certificate you want, and the urgency fee next to it if you need it quickly. Outstanding notices and orders can be ordered separately or as a combined certificate.

3. 3

   3 Property particulars

   House number, street and suburb, lot or portion, DP or SP and section, and the owner's name. For a section 307 certificate also give the AF number and the date of the development consent.

4. 4

   4 Payment details

   Tick to have the council charge your Visa or Mastercard and enter the amount. A council officer will contact you to take the payment by phone. The application is not processed until full payment is received.

5. 5

   6 Applicant signature

   Sign and date the declaration that the details are correct. Section 307 applicants also acknowledge they may have to contribute to or build water and sewer works.

• Lodge with Bellingen Shire Council at 33 Hyde Street, Bellingen, by post to PO Box 117, Bellingen NSW 2454, or by email to council@bellingen.nsw.gov.au. Phone (02) 6655 7300.
• The form says the council aims to issue certificates within 5-10 business days, or within 48 hours of receipt if the urgency fee is paid.
• 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.

• The information guide on page 2 still refers to the Conveyancing (Sale of Land) Regulation 2017 and Schedule 4 of the EP&A Regulation 2000. They have been replaced by the 2022 Conveyancing (Sale of Land) Regulation and Schedule 2 of the EP&A Regulation 2021; the practical requirements are similar.
• The council's guide notes the 10.7(5) certificate cannot be obtained without a 10.7(2), and suggests it is particularly useful on a rural property because it confirms whether a dwelling can be built.
• Order the special water meter reading close to settlement so the buyer is not billed for the previous occupant's water.