Property Certificates

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This is information about the types of certificates that you may need to obtain from Council when buying or selling a property.

The following is provided as a guide only. You should always seek legal advice or consult your agent regarding your exact requirements.

A Planning Certificate provides information on how a property (such as land, a house, a commercial building, etc.) may be used and the restrictions on its development. The detail which must be contained in the Certificate is specified by Section 10.7 of the Environmental Planning & Assessment Act. Items covered in a Certificate include the zoning of the property, permissible and prohibited uses, whether it is subject to planning restrictions or subdivision constraints.

Under Section 603 of the Local Government Act 1993 a person may apply to the Council for a 603 Certificate as to the amounts outstanding (if any) that are due and payable to Council, by way of rates, charges or otherwise, in respect of a parcel of land.

This is a certificate that indicates to a prospective purchaser issues affecting the building. The certificate, once issued, stands for 7 years unless there has been disastrous impacts to the building (for example Whiteants etc).

Fees vary according to the building type and size, however where residential development occurs, a standard fee for each dwelling applies. The application must be accompanied by a Registered Surveyor’s Report showing all buildings on the site relative to the property boundaries.

Under Section 735A of the Local Government Act a certificate can be applied for to ascertain whether there are any outstanding notices that have been issued by Council under this Act in respect of any land within the Council’s area.

Under Section 121ZP of the Environmental Planning & Assessment Amendment Act 1997 a certificate can be applied for to ascertain whether there are any outstanding notices or orders that have been served in respect of development or construction matters on the property.

A certificate under Section 24 of the Swimming Pools Act 1992 is a certificate to the effect that, as at the date on which it is issued, a swimming pool complies with the requirements of the Act.

A certificate under the Schedule 1 of the Biosecurity Act 2015 which details if there are any weed control notices in force over a particular parcel of land and as to any outstanding expenses payable or any resulting charges on the land. 

This is a certificate issued under Section 88G of the Conveyancing Act 1919 in which advice is given by Council as to whether any amount is payable to council because of a failure to comply with a positive covenant imposed on the title of a property in which Council is named as the authority benefited by that positive covenant. Also advice is furnished as to whether any works have been carried out by Council under terms of such a positive covenant, the cost of which may be recovered by Council from the proprietor of the property.

This certificate is a Bushfire Hazard Reduction Certificate issued under the Rural Fire Act which will permit reduction works in abating a hazard. An application needs to outline how the activity is intending to safeguard and protect the environment or asset. The certificate may be issued by the Council subject to compliance with conditions or Bushfire Codes.