Section 10.7 Certificate Application

A planning certificate under section 10.7 of the Environmental Planning and Assessment Act 1979 (NSW), formerly called a section 149 certificate, is issued by the local council and sets out the planning controls that apply to a parcel of land. A section 10.7(2) certificate shows the zoning, the state, regional and local planning controls, and constraints such as land contamination, flooding and bush fire prone land. A section 10.7(2) and (5) certificate adds advice from other authorities and other information the council holds about the land. Warren Shire Council uses a property information inquiry form for these requests, with tick boxes for a section 10.7(2) certificate, section 10.7(5) information and a sewer diagram. The NSW Government's selling guide lists a current section 10.7 zoning certificate issued by the local council and a drainage diagram among the documents a contract for the sale of land must contain. If a required disclosure document is not attached, the purchaser may be entitled to rescind within 14 days of exchange, unless settlement has already happened.

When you need it

• You are selling land in Warren Shire and need the planning certificate and sewer diagram for the contract.
• You are buying and want the planning information for the land.

1. 1

   Section 1: applicant and certificate

   Insert the applicant's full name and address (responses are returned there) and reference, and tick Section 10.7(2), Section 10.7(5) and/or Sewer Diagram. Tick whether a cheque is enclosed or a bank deposit has been paid.

2. 2

   Section 2: legal description

   Give the local council name, parish, county, locality, house number and street, area, and the nature of the property (vacant land, house, factory, units, farm). Then complete the line that fits the title: lot and DP; portion and section; allotment, section and town; or strata lot and SP (with the common property lot and DP). Add any other references, such as the folio identifier, volume and folio, old system deed or Crown tenure number, or the council or Valuer General number.

3. 3

   Owners and purpose

   Give the registered proprietor's full name and address, the occupier's name if any, the vendor's name and address (or "as above") and the purpose of the inquiry. Add the date, phone, fax, firm and contact name.

• Send the form to Warren Shire Council, PO Box 6, Warren NSW 2824 (or email council@warren.nsw.gov.au). Pay by cheque sent with the form or by bank deposit: the council's bank details are printed on the form. Check the current fee in the council's fees and charges.
• For a 603 rates certificate or special water meter reading, use the council's separate Section 603 application.

• Complete all parts: the form warns that insufficient information may result in it being returned.
• Responses are sent to the address in the From panel, so put the address you want the certificate posted to.