Section 10.7 Planning Certificate — What It Is and Why You Need It (NSW 2026)
A Section 10.7 planning certificate (formerly known as a Section 149 certificate) is a document issued by a local council in NSW that discloses the planning and environmental controls that apply to a specific property. It is a standard part of property purchase due diligence in New South Wales.
What Is a Section 10.7 Certificate?
Under the Environmental Planning and Assessment Act 1979 (NSW), a Section 10.7 certificate is a formal document from the council confirming:
- The zoning of the land (residential, commercial, rural, industrial, mixed use)
- Any applicable environmental planning instruments (LEP — Local Environment Plan; SEPP — State Environmental Planning Policy)
- Overlays and constraints: bushfire prone, flood prone, heritage, acid sulfate soils, contaminated land
- Any pending development restrictions or proposals
- Whether the property is in an area with specific planning controls
Types of Section 10.7 Certificates
There are two forms:
| Type | What it includes | Typical cost |
|---|---|---|
| Section 10.7(2) | Basic planning certificate — zoning, LEP instruments, overlays | $53–$80 (varies by council) |
| Section 10.7(2) and (5) | Includes all matters in (2) plus council’s knowledge of additional development proposals or government actions affecting the land | $75–$150 (varies by council) |
For most residential purchases, the combined (2) and (5) certificate is recommended — it reveals more.
What the Certificate Reveals
Zoning
The zoning determines what land uses are permitted, permitted with consent, or prohibited on the land.
Common residential zones under the Standard Instrument LEP in NSW:
| Zone | Description |
|---|---|
| R1 General Residential | Standard suburban residential |
| R2 Low Density Residential | Low density; typically houses |
| R3 Medium Density Residential | Townhouses, multi-unit |
| R4 High Density Residential | Apartments |
| RU1/RU2 | Rural / primary production |
| E (Environmental) | Environment protection zones |
Note: NSW introduced new zone codes in 2023 (C1, C2, C3, E1, E2, MU1, etc.) under the revised Standard Instrument — some councils have transitioned.
Overlays and Environmental Constraints
| Overlay | Implication |
|---|---|
| Flood prone land | Development restrictions; insurance implications; lender may decline or restrict LVR |
| Bushfire prone land | BAL rating applies to any new construction; building code requirements |
| Heritage conservation area | Development (including renovation) requires council approval; external changes heavily restricted |
| Acid sulfate soils | Soil disturbance (excavation, earthworks) may require specialist management |
| Contaminated land | Restrictions on use; remediation may be required |
| Coastal zone | Coastal management controls apply; potential erosion/sea level rise considerations |
Equivalents in Other States
Each state has its own planning certificate system:
| State | Document | Issued by |
|---|---|---|
| NSW | Section 10.7 Certificate | Local council |
| VIC | Planning property report / s199 certificate | Council and Land Use Victoria |
| QLD | Planning and development certificate | Local council |
| SA | Development register search | Council |
| WA | Zoning certificate / planning enquiry | Council |
| ACT | Land use zone / lease conditions search | ACT Government |
| TAS | Planning certificate | Council |
| NT | Zoning enquiry | NT Government |
When to Obtain the Certificate
In NSW, the vendor (seller) is required to attach a Section 10.7(2) certificate to the contract of sale — so the buyer receives it automatically when the contract is exchanged. However:
- The certificate may be several months old by the time you review the contract
- The (2) and (5) version provides more information
- Your conveyancer should review it and explain any implications
For other states: Your conveyancer or you (directly from council) can obtain the equivalent certificate during pre-exchange due diligence.
Frequently Asked Questions
The certificate shows the property is flood prone. Can I still get a mortgage?
Depends on the lender and the extent of the flood risk. Some lenders will lend normally; others restrict LVR or decline certain high-risk flood categories. Insurance is often the bigger practical problem — premiums can be very high or coverage may be limited for properties in flood zones.
The property is in a heritage conservation area. What does this mean for renovation?
External changes to properties in a heritage conservation area typically require development consent (DA) from council. This includes changes to roofline, window style, cladding, and colours. Internal changes are generally more flexible. Heritage restrictions are permanent and bind all future owners.
Can I rely on what the selling agent tells me about zoning?
No — always obtain and review the planning certificate yourself (or through your conveyancer). Agents are not planning experts, and relying on verbal representations about zoning without a certificate is risky.
Related Due Diligence Guides
- Zoning Laws for Property Buyers — What the Zones Mean
- Heritage Overlay — Buying a Heritage-Listed Property
- Flood Zone Property — How It Affects Your Loan and Insurance
- Bushfire Zone Property — What Buyers Need to Know
- Property Due Diligence Hub
This article provides general information about planning certificates in NSW and their equivalents in other Australian states. Planning laws vary by council and state. Always engage a licensed conveyancer or solicitor before buying property. Find one through MoneySmart.