The NSW section 10.7 planning certificate, in plain English
What the certificate attached to every NSW contract of sale actually says - and how to see the mapping behind each line.
What is a section 10.7 certificate?
A section 10.7 planning certificate (still widely called a section 149 certificate, its name before 2018) is issued by the local council under the Environmental Planning and Assessment Act 1979. It sets out, in text, the planning controls and prescribed matters that apply to a parcel of land.
It matters to every sale: in NSW, a section 10.7(2) certificate must be attached to the contract for sale of land. Unlike Queensland's Form 2 seller disclosure statement, which the seller fills out, the 10.7 certificate is produced by the council - the vendor orders it and attaches it.
10.7(2) versus 10.7(5)
- 10.7(2) - the prescribed matters under Schedule 2 of the Environmental Planning and Assessment Regulation 2021. This is the version the contract must include.
- 10.7(5) - adds any further planning information the council is aware of and considers relevant. Ordered together with (2) when you want the fuller picture.
What the certificate covers
The prescribed matters focus on land use and development controls essential to conveyancing. The common line items include:
- Planning instruments - the LEP, SEPPs and DCPs that apply, including proposed instruments on exhibition
- Zoning and land use - the zone and the purposes that are permitted or prohibited in it
- Exempt and complying development - whether the codes apply to the land
- Flood related development controls - whether the land is subject to them
- Bushfire prone land - whether any of the land is mapped as bushfire prone
- Contaminated land - matters under the Contaminated Land Management Act 1997, such as declarations or management orders
- Heritage - heritage items and conservation area controls
- Road widening and land reserved for acquisition
- Coastal management area, mine subsidence districts, biodiversity certified land and other hazard or restriction matters
The certificate is text - the controls are maps
Nearly every line item on a 10.7 certificate is the written answer to a spatial question: is this lot inside a mapped area? The certificate tells you "yes, flood related development controls apply", but not whether that is the back corner of the lot or the building envelope. A LayeredGeo planning report draws the mapping over the parcel, on the same state and council datasets:
| Certificate line item | What the planning report shows |
|---|---|
| Zoning and permitted uses | The mapped LEP zone over the lot, with height of building, floor space ratio and minimum lot size where mapped |
| Flood related development controls | The flood planning area drawn over the parcel, plus modelled flood extents where councils publish them |
| Bushfire prone land | The bushfire prone land category mapped over the lot |
| Heritage | State and local heritage items and conservation areas on and around the lot |
| Acid sulfate soils | The mapped acid sulfate soil class at the site |
| Road widening / land reserved for acquisition | Mapped land reservation and foreshore building line layers where they apply |
The report also covers useful matters the certificate does not: registered easements mapped over the lot, nearby water, sewer and stormwater mains, terrain and elevation, and environmental overlays.
How to get the certificate
Order it from the local council (most accept applications online or via the NSW Planning Portal) and pay the prescribed fee. Electronic certificates usually issue within a few business days, and some councils are same-day. If you are buying, the vendor's contract must already include one - check its date, and consider whether a combined 10.7(2) and (5) is worth ordering for the extra council-held information.
Disclaimer
This page is general information, not legal advice. A LayeredGeo report is not a section 10.7 certificate and does not satisfy any requirement to attach one to a contract. Verify controls with the issuing council before acting on them.