Section 10.7 planning certificate explained — NSW

The short version

A Section 10.7 certificate (you'll still hear it called a "149 certificate" — that was its old section number) is a planning certificate issued by the local council under section 10.7 of the Environmental Planning and Assessment Act 1979 (NSW). It tells you how the land is zoned and what planning controls, hazards and constraints apply to it.

A 10.7 certificate is a prescribed document — it has to be attached to the contract for sale. If it's missing, that's a gap worth raising before you sign.

The two parts: 10.7(2) and 10.7(5)

The certificate comes in two parts, and which one you've got matters:

• Section 10.7(2) is the mandatory part. The council must include a prescribed set of matters: the zoning and what it permits, whether the land is flood-prone or bushfire-prone, whether development contributions apply, heritage listings, and more. This is what's usually attached to a contract.
• Section 10.7(5) is additional advice the council may choose to give about other matters affecting the land. It's more comprehensive — but councils often attach disclaimers, and a contract frequently includes only the (2). If you want the fuller picture, you can ask for a combined 10.7(2) and (5) certificate.

What the certificate tells you

• Zoning. The land-use zone (for example R2 Low Density Residential, R3 Medium Density, or B-class business zones) and what's permitted with or without consent — and what's prohibited. This is the single most important line for anyone planning to build, extend or change how the property is used.
• Development standards. Controls flowing from the Local Environmental Plan — things like minimum lot size, height limits and floor space ratio that shape what can be built.
• Hazard overlays. Whether the land is bushfire-prone, flood-affected, in a coastal zone, or has acid sulfate soils. These affect what you can build, how, and often your insurance.
• Road widening and realignment. Whether any proposal could affect the land — in some cases part of a property is reserved for a future road.
• Contributions. Whether development contributions (under section 7.11 or 7.12) apply, which can add real cost to a future development.
• Heritage. Whether the property is a heritage item or sits within a conservation area, which constrains changes to the building.

Why it matters to a buyer

The 10.7 certificate is where "I'll just add a granny flat / second storey / pool later" meets reality. The zoning and development standards decide whether your plans are even possible. The hazard overlays decide what you'll pay to insure and how you'll have to build. And a road-widening or resumption note can mean part of the land isn't really yours to keep.

None of this turns up in the photos or the sales campaign. It's in the certificate.

What to check before you sign

1. Confirm the zoning matches your plans. If you're buying to extend, subdivide or run a business from home, check the zone permits it — don't assume.
2. Look for hazard overlays. Bushfire-prone or flood-affected land isn't a dealbreaker, but it changes your building costs and insurance, so factor it in.
3. Check whether it's a (2) only or a (2) and (5). If it's only the (2) and you want the fuller picture, consider ordering a combined certificate before you commit.
4. Read any road-widening or contributions notes carefully. These have direct financial consequences.
5. Check the certificate is current. Planning controls change. A certificate that's months old may not reflect the current position.

Common questions

Is a 10.7 certificate the same as a 149 certificate?

Yes — it's the same document. The numbering changed when the planning legislation was renumbered. Older contracts and conversations still call it a "149".

Does the certificate guarantee I can build what I want?

No. It tells you the controls and constraints, but a development application is still assessed on its merits. The certificate tells you whether your plans are plausible— not that they're approved.

Who issues it, and can I get my own?

The local council issues it, and yes — you can order one yourself from the council for the property you're interested in. That's worth doing if the one attached to the contract is old or is a (2)-only certificate and you want the additional (5) advice.