Section 10.7 Planning Certificates in NSW
The Section 10.7 certificate (formerly Section 149) is the single most important council document in NSW conveyancing. It reveals zoning, heritage controls, bushfire risk, flooding, contamination, and dozens of other planning matters before exchange.
Quick Answer
A Section 10.7 Planning Certificate is issued by NSW councils under the Environmental Planning and Assessment Act 1979 and reveals everything affecting a property's title from a planning perspective: land zoning, permitted uses, heritage listings, bushfire prone land, flood prone land, mine subsidence, contamination, road widening, tree preservation, and Section 7.11 contributions. There are two versions: a Section 10.7(2) certificate (mandatory under Schedule 4 of the Regulation) and an optional Section 10.7(5) certificate which adds additional matters at council discretion. Standard 10.7(2) costs around $53; the combined 10.7(2) and (5) costs around $146 (varies by council). It is mandatory for the vendor to attach a Section 10.7(2) certificate to the contract for sale of land in NSW.
What does a Section 10.7 certificate reveal?
The Section 10.7 certificate is the buyer's window into how a property is regulated under NSW planning law. The mandatory Schedule 4 matters (covered by 10.7(2)) include:
- The names of the relevant Local Environmental Plan (LEP), Development Control Plan (DCP), and any State Environmental Planning Policies (SEPPs) affecting the land.
- The zoning of the land and the objectives, permitted uses, prohibited uses for that zone.
- Whether the land is bushfire prone (Category 1, 2, or 3).
- Whether the land is flood prone or affected by flood-related development controls.
- Whether the land is affected by Mine Subsidence Compensation Act, Contaminated Land Management Act, or biodiversity offsets.
- Whether any heritage listings apply (LEP, State Heritage Register, or interim heritage order).
- Whether road widening or road realignment proposals affect the land.
- Section 7.11 (formerly Section 94) developer contributions plans.
- Coastal protection provisions and acid sulfate soil classifications.
- Whether the land is in an Aboriginal Land Claim area.
10.7(2) vs 10.7(5) — which do you need?
The Section 10.7(2) certificate is mandatory and must be attached to every NSW contract for sale of land. It covers the matters in Schedule 4 of the EP&A Regulation. The Section 10.7(5) certificate is optional but discretionary — councils may include additional matters they consider relevant: known site contamination, drainage easements, building line setbacks, neighbouring development applications, and council-specific overlays. We always recommend ordering a combined 10.7(2) and (5) certificate before exchange, especially in heritage areas, bushfire zones, flood zones, or for older homes. The extra ~$90 reveals issues that the mandatory certificate may not.
Common 10.7 red flags NSW conveyancers watch for
When we review a Section 10.7 certificate as part of NSW contract review, these are the items we flag for buyers:
- Bushfire prone land Category 1 — the property requires Bushfire Attack Level (BAL) assessment for any future building work.
- Flood prone land or flood planning levels — restricts ground floor use, may require freeboard for new development.
- Heritage listing or Heritage Conservation Area — restricts demolition, alterations, and sometimes paint colours.
- Contaminated land (Section 58 listing) — requires investigation and possibly remediation before redevelopment.
- Mine subsidence area — common in Hunter, Lithgow, and Lake Macquarie; building work requires Subsidence Advisory NSW approval.
- Acid sulfate soil — common in coastal areas; affects excavation, drainage, and foundation design.
- Road widening proposal — Roads NSW or council may have plans to widen the road, reducing the buildable area.
- Section 7.11 contributions — large outstanding contributions can apply if you redevelop.
How to Use a Section 10.7 Certificate
Vendor obtains 10.7(2) certificate
Before listing the property, the vendor's conveyancer orders the mandatory Section 10.7(2) certificate from the local council and attaches it to the contract for sale.
Buyer reviews 10.7 in contract review
Your NSW conveyancer reviews the 10.7 certificate as part of contract review before exchange. Critical issues like bushfire, flooding, heritage, or contamination are flagged.
Buyer orders supplementary 10.7(5)
For older properties, heritage areas, or unusual zones, we recommend ordering the combined 10.7(2) and (5) certificate for an extra ~$90 to reveal council-specific matters.
Buyer makes decision before exchange
Based on the 10.7 findings, the buyer can negotiate price, request special conditions, or walk away before exchange. After exchange, cooling-off applies for 5 business days.
10.7 affects future development
The 10.7 also tells the buyer what they can and cannot do with the property in future. Zone, FSR (floor space ratio), height limits, and overlays all affect future development potential.
Frequently Asked Questions
Common NSW questions answered by Elyment Conveyancing — written for buyers, sellers, and investors.
A NSW council document under Section 10.7 of the Environmental Planning and Assessment Act 1979 that reveals all planning matters affecting a property — zoning, permitted uses, heritage, bushfire, flooding, contamination, and more. Formerly known as a Section 149 certificate.
Yes — the Section 10.7(2) certificate is mandatory and must be attached to every NSW contract for sale of land under the Conveyancing (Sale of Land) Regulation. The 10.7(5) is optional.
Set by NSW Treasury — currently around $53 for a 10.7(2) certificate and $146 for a combined 10.7(2) and (5) certificate. Some councils charge slightly more for express turnaround. Costs vary slightly by council.
Standard turnaround is 5–10 business days depending on the council. Some councils offer same-day or next-day issue (Sydney, Parramatta, North Sydney). We typically order well in advance to avoid delays.
A 10.7 certificate reflects the planning controls at the date of issue. If significant time has passed (more than 6 months), or if there has been a planning proposal in between, we recommend ordering a fresh certificate before settlement.
Category 1 bushfire prone land carries the highest bushfire risk in NSW. Any new building work requires a Bushfire Attack Level (BAL) assessment under AS3959, which can significantly increase construction costs (BAL 29, 40, or FZ ratings).
Heritage listing restricts what you can do with the property. Demolition is generally prohibited, alterations to street-facing facades require council approval, and sometimes paint colours and signage are controlled. We review the heritage schedule of the LEP and any State Heritage Register listing.
Yes — anyone can order a 10.7 from the council without owning the property. As a buyer doing due diligence on a potential purchase, ordering a 10.7 in advance is an excellent way to spot issues before making an offer.
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