Section 10.7 Planning Certificate NSW: What It Tells You About a Property (and What It Doesn't)

Every Contract for Sale of residential land in NSW must include a Section 10.7 planning certificate issued by the local council. Most buyers look at it briefly, register the zoning, and move on. That is understandable — the document is dense and technical. But skipping a careful review, or failing to obtain the full version of the certificate, means missing information that could fundamentally affect the property's value, usability, or insurability.

Here is what the certificate actually contains and why the version your conveyancer obtains matters.

What Happened to the Section 149 Certificate

If you have been researching NSW property for a while and keep seeing references to "Section 149 certificate," that is the same document. The planning certificate was historically issued under Section 149 of the Environmental Planning and Assessment Act 1979 (NSW). Following major amendments to the Act effective in 2018, the provision was renumbered to Section 10.7 of the amended Act. The document is identical; only the legislative reference changed.

Estate agents, conveyancers, and property forum discussions still frequently refer to it as a "Section 149 certificate." Both terms refer to the planning certificate issued by the relevant local government authority.

Two Versions: Section 10.7(2) vs Section 10.7(2)(5)

There are two distinct levels of information that the planning certificate can include:

Section 10.7(2) certificate: This is the standard, mandatory certificate that must be attached to every Contract for Sale. It includes:

• The land's zoning classification under the council's local environmental plan (LEP) — residential, commercial, industrial, conservation, etc.
• The purpose for which development may or may not be carried out with or without consent
• Whether the land is within a heritage conservation area or is a listed heritage item
• State Environmental Planning Policies (SEPPs) that apply to the land
• Whether the land is identified as bushfire-prone or flood-affected under state mapping

Section 10.7(5) additional information (full certificate): This is the extended version, issued as part of the same certificate when specifically requested. It goes beyond the (2) requirements to include:

• Whether the land is affected by any council notices or orders (e.g., outstanding council orders relating to existing structures)
• Whether the land is subject to road widening proposals under any planning instrument
• Contaminated land information if the land is recorded as known or suspected contaminated under the council's records
• Any council policies that affect how the land can be developed or used

The full certificate — designated as a "Section 10.7(2) and (5) certificate" — is not significantly more expensive to obtain (typically $50–$100 more than the (2) alone), but it contains information that the standard (2) does not.

Why the Full Certificate Matters

A Section 10.7(2) alone can create a misleadingly clean picture of a property.

A road widening proposal does not appear in the (2) certificate — it only appears in the (5). If the council has a long-standing proposal to widen the road at the front of the property, acquiring a strip of the front garden for the road reserve, this directly affects the property's size, setback from the road, and potentially the buildability of the existing structures. It will not be mentioned in a standard (2) certificate, and a vendor is not required to disclose it voluntarily.

Contamination information can appear in the (5) but not the (2). If the land is on a council contamination register — because it was formerly a dry cleaner, a service station, or an industrial site, or because fill from a contaminated source was used — this appears in the (5) certificate only. Contaminated land has significant cost implications if you ever build, excavate, or need to address the contamination as a condition of development consent.

Outstanding council orders may appear in the (5) but not the (2). If a previous owner received a council order to demolish an unlawful structure and never complied, that order remains on the council's records. As the incoming owner, you inherit any unresolved orders against the land.

Zoning and What You Can Do With the Land

The zoning disclosed in the Section 10.7(2) certificate determines what uses are permitted on the land. For a first home buyer purchasing residential property, the most relevant zones are:

• R1 General Residential, R2 Low Density Residential, R3 Medium Density Residential: Standard residential zones. Each zone has different permitted uses and density allowances.
• E1–E4 Environmental Zones (or C1–C4 in some LGAs): Land affected by environmental conservation overlays, often in bushland corridors or around waterways. Development is heavily constrained.
• SP1 Special Purpose, SP2 Infrastructure: Utility corridors, school sites, church lands. These zones appear occasionally in suburban areas where a specific use is designated.

More practically: if you intend to run a home business, build a secondary dwelling, operate a childcare service, or undertake any non-residential use, the zone and associated land use table in the LEP will determine whether this is permissible. The Section 10.7 certificate gives you the zone; the LEP land use table tells you what that zone permits. Your conveyancer should interpret both if your proposed use is anything other than standard owner-occupancy.

Heritage Listings

The Section 10.7(2) certificate will identify if the property is either:

• A listed heritage item (individually significant for its cultural, architectural, or historical values)
• Within a heritage conservation area (a designated area where the character of the streetscape is protected)

Heritage listings do not prevent ownership or occupation of a property. They do affect what you can do with it. External alterations, demolition, subdivision, and some internal structural works may require heritage approval from the council. In some cases, heritage impact statements prepared by heritage consultants are required as part of a development application.

For a first home buyer intending to renovate a heritage-listed property, the heritage constraints are an important planning variable before purchase. They do not make renovation impossible, but they typically make it more expensive and more time-consuming.

Bushfire and Flood Risk

The Section 10.7(2) certificate will indicate if land is bushfire-prone or flood-affected under state mapping.

Bushfire: If land is identified as bushfire-prone, any development (including renovations, extensions, and new construction) must comply with Planning for Bush Fire Protection (PBP), the state guideline governing fire-resistant construction. The Bush Fire Attack Level (BAL) assigned to the land determines the construction standards — BAL-12.5 through BAL-FZ. Higher BAL levels require significantly more expensive construction standards: ember guards on vents, non-combustible materials, fire-resistant glazing. Confirm the BAL rating with a bush fire consultant before proceeding with any construction work.

Flood: Flood-affected land is subject to constraints on floor levels, fill, and certain development types. Building new structures or extensions on flood-affected land requires compliance with the council's flood development controls, which can affect the design and cost of construction.

These risk overlays also affect insurance. Properties in high-risk bushfire or flood zones may attract significantly higher building insurance premiums, and in some cases, standard insurers may decline to cover them at standard rates.

What to Do With the Certificate

Your conveyancer receives the Section 10.7 certificate as part of the Contract for Sale review. Always confirm that they have obtained the full (2)(5) version, not just the (2). If the contract only includes the (2) certificate, ask your conveyancer to obtain the (5) information from the relevant council and review it before exchange.

For any flags identified in the certificate — contamination, road widening, heritage, outstanding orders, flood or bushfire risk — ask your conveyancer to explain the practical implications in plain English. These are not bureaucratic abstractions; they affect what you can build, how much it will cost, and what you can insure.

The New South Wales First Home Buyer Guide includes a plain-language guide to interpreting the Section 10.7 planning certificate for each major risk category, as part of the pre-exchange due diligence chapter, so you know what questions to ask your conveyancer before you commit to an unconditional contract.

A Section 10.7 planning certificate costs the council $50–$150 to issue. The information it contains can reveal constraints worth tens of thousands of dollars in additional costs or restrictions. Read it.

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