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. Fairfield City Council's form (QMF-SLUP-001) charges per lot and makes one practical distinction: its 10.7(2) and (5) certificate includes a flood information sheet where applicable, while the 10.7(2) certificate does not. 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 Fairfield area and need the 10.7(2) planning certificate.
• You want flood information about a property along with the planning certificate (order the 10.7(2) and (5)).
• You want to check zoning and controls before buying or developing.

1. 1

   Property description

   House or unit number, lot(s), section and DP or SP, street and suburb, and the owner's name. Each lot needs its own certificate and fee; say clearly whether you want the whole property (multiple lots) or one lot.

2. 2

   Certificate type

   Tick section 10.7(2) (no flood information sheet) or section 10.7(2) and (5) (includes a flood information sheet if applicable). Tick the urgency fee, which is charged per lot, for processing within two working days.

3. 3

   Collection details

   Choose email to the address you give, or collection from the Administration Centre at 86 Avoca Road, Wakeley, between 8.30am and 4.30pm, Monday to Friday.

4. 4

   Declaration and applicant details

   Read the acknowledgements (lots, flood sheet, urgency fee, correct information, payment made), then give your title, name, company, address, phone, mobile and email, and sign and date.

• Lodge with Fairfield City Council: Administration Centre, 86 Avoca Road, Wakeley; post to PO Box 21, Fairfield NSW 1860; or email mail@fairfieldcity.nsw.gov.au. Phone (02) 9725 0222.
• The application is not processed until payment has been received.
• 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.

• Choose carefully: the form says no payments are accepted to upgrade a 10.7(2) to a 10.7(2) and (5) afterwards, so order the (5) at the start if you may need flood information.
• Count the lots. A house on two lots needs two certificates and two fees, and urgency is also charged per lot.