Planning Certificates

Planning Certificates

Changes to Planning Certificates

The NSW Government is renaming the ‘Business and Industrial Zones’. They will be referred to as ‘Employment Zones’ under s2.1 Land use zones within the Standard Instrument (Local Environmental Plans) Order 2006 (the Order). This change is occurring across all standardised local environmental plans that are in place across New South Wales.

On 16 December 2022, an amendment was gazetted to support the changes to the employment zones in Penrith Local Environmental Plan 2010 which will commence on 26 April 2023.

From 26 April 2023, a reference to a Business zone B1, B2, B3, B4, B5, B6, B7 or B8 or an Industrial zone IN1, IN2, IN3 or IN4 in a document should be taken as a reference to an Employment zone E1, E2, E3, E4, E5, MU1, SP4, SP5 or W4. The below table references the proposed amendments:

planning certificates table 2.0

For further information please see below links: 

On 1 October 2022, there have been changes to the Environmental Planning & Assessment Regulations 2021 in reference to Schedule 2 - Planning Certificates. The changes involved a new structure and some amendments to 10.7 Planning Certificate information.

On 1 March 2022, the NSW Government consolidated the 45 previous State Environmental Planning Policies (SEPPs) into 11 SEPPS to make the system simpler. Where applicable to the land, each SEPP that appears on the Certificate will name specific chapters in the consolidated SEPPs in order to enhance the readability of the Certificate. For further information please be visit the NSW Planning Website.

On 1 December 2021, the NSW Government is renaming the ‘Environment Zones’. They will now be referred to as ‘Conservation Zones’ under s2.1 Land use zones within the Standard Instrument (Local Environmental Plans) Order 2006 (the Order). This change is occurring across all standardised local environmental plans that are in place across New South Wales.

A reference to an Environment Protection zone E1, E2, E3 or E4 in a document should be taken to be a reference to a Conservation zone C1, C2, C3 or C4.

For further information please see below links:

What is a Planning Certificate?

When land is bought or sold, the law ( Conveyancing Act 1919) requires a Planning Certificate (also known as a Section 10.7 Certificate) to be attached to the contract for sale. Planning Certificates are a legal document that provides information on the planning controls applying to the land, how the land may be used, and any restrictions on development. Planning Certificates are also known as Section 10.7 Certificates because they are controlled by Section 10.7 of the Environmental Planning and Assessment Act 1979

Information provided on Planning Certificates

There are two (2) types of Planning Certificate, a Basic Planning Certificate (also known as a section 10.7(2) certificate) and a Full Planning Certificate (also known as a section 10.7(2)(5) certificate). We recommend that vendors (those selling land) obtain a Full Planning Certificate to attach to a contract for sale. 

Basic Planning Certificates list property and land information and may only provide the specific information outlined under the Environmental Planning and Assessment Regulation 2000.

Each type of Planning Certificate provides information on:

  • Planning Documents such as State Environmental Planning Policies, Local Environmental Plans, Development Control Plans and Development Contribution Plans. 
  • Planning Controls such as land use zones, minimum lot size for a dwelling house, heritage information etc.
  • Environmental hazards or constraints such as biodiversity certified land, bushfire prone land, contaminated land, flood controls, mine subsidence. 
  • Land reserved for proposed road widening or realignment or other purposes.
  • Orders or notices such as those issued under Trees (Disputes Between Neighbours) Act 2006
  • Site Compatibility Certificates for Seniors Housing, Infrastructure or Affordable Rental Housing.

A Full Planning Certificate contains both a Basic Planning Certificate and any other relevant information Council may be aware of that affects the land. This may include:

  • threatened species
  • flooding
  • environmental reports
  • aircraft noise
  • potential road widening
  • DCP general information.

How long is my certificate valid?

Certificates are correct as of the date of their issue as planning legislation can change often. An up to date planning certificate is essential for any property related matters.

How to use your certificate to develop your property?

Certificates state all the relevant planning instruments that apply to the property and Council endeavours to provide as detailed information as possible. If you propose to develop the property, it is recommended that independent research into all the planning instruments and terms included in the Planning Certificate is undertaken.

Apply for a Planning Certificate

Please ensure you accurately identify the land you are interested in and provide a valid email address as we will send your certificate to that email address.

Planning Certificates are generated for each individual lot. Where a site consists of multiple lots, you will need to apply for a certificate for each individual lot.

There is a fee. A 10.7(2) Planning Certificate (basic certificate) costs $67 and a 10.7(5) Planning Certificate costs $167.

We will email Planning Certificate(s) to you within 2-3 working days of receiving your application.

If you require a Planning Certificate faster than 2-3 working days, we will process one within a working day for an additional fee of $109.

Apply and pay for a Planning Certificate online