Section 10.7(2) and (5) 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 is Blacktown City Council's application for either certificate, with an optional urgency fee. 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 Blacktown and need the 10.7(2) planning certificate to attach.
• You want to check zoning, planning controls or hazards before buying, building or subdividing.
• You want the council's additional 10.7(5) advice about the land as well.

1. 1

   Choose the certificate

   Tick a certificate under section 10.7(2) or under section 10.7(2) and (5). Add the urgency fee if needed; the form says urgent certificates may still take at least two business days.

2. 2

   Choose delivery

   Tick pick-up, post or email, and give the email address if you choose email.

3. 3

   Applicant details

   Applicant, phone, your reference and postal address, and the owner's name.

4. 4

   Legal description of the land

   Enter the lot, section and DP or SP as shown in NSW Land Registry Services records, then the house number, street and suburb. The form warns that the house number will not be relied on to issue the certificate, so the lot and plan must be right.

5. 5

   Payment

   Pay by cash, cheque or credit card. For card payment complete the debit authority; the form notes a credit card surcharge.

• Email s10.7certificates@blacktown.nsw.gov.au, or lodge or post to Blacktown City Council, PO Box 63, Blacktown NSW 2148 (DX 8117 Blacktown). Phone (02) 9839 6000.
• The fees printed on this form are for 2022-23. Planning certificate fees are set under the EP&A Regulation 2021 and adjusted each 1 July, so check the council's current fees before paying.
• 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.

• Certificates issue for the lot and plan you give. A property made up of more than one lot may need more than one certificate.
• This version of the form is dated 2022-23. Ask the council whether a newer form or an online service is available.