Buying or Selling a Property
When buying a property a person should initially seek legal advice from a solicitor/conveyancer who will give you detailed information to protect your interests including specific requirements of the Conveyancing Act.
Information about a specific property can be sought from Council on request and payment of the relevant fee. The request for information is usually applied for by the owner or someone with the written consent of the owner or by the Solicitor.
Common information requests received by Council are:
- Planning certificate (S149 (2))
- Dwelling Entitlement search
- Information relating to prior development consents issued over the land
- Drainage Diagram (sewer main location)
- Building Certificate (149A)
- Swimming Pool Compliance Certificate
- Outstanding Health or Building notices
- Onsite Sewage Management Inspection and Pre-Purchase report
- Copy of approved plans
- Copy of an Occupation Certificate
A request for any of the above can be made by  Downloading the Application Form (295kb). Fees required are identified on this application form.
Please click on the headings below to view further information...
Section 149 Planning Certificates, also known as zoning certificates, are legal documents issued by Council under the provisions of Section 149 of the Environmental Planning and Assessment Act 1979. The certificate provides information on planning controls and any development restrictions which may apply to a particular parcel of land within the Council area. They are usually required upon the sale or purchase of a property. A zonning certificate must be included in the sale contract.
There are two types of certificates:
- 149 (2) Certificate - Provides information about the zoning of the property, the relevant state, regional and local planning controls and other planning affectations such as heritage, land contamination and road widening; and
- 149 (2) and (5) Certificate - Provides additional advice regarding demolition, foreshore building lines, other heritage considerations and general advice.
The standard certificate is generally processed within 5 working days. An additional fee can be paid for an urgent 149 certificate.
Not all properties have a legal right to build a dwelling on them. Dwelling Entitlements can be dependant upon zoning, lot size and date of subdivision approval.
Dwelling Entitlement searches provide formal advice determining whether a property has a legal right to construct a dwelling. Dwelling Entitlement advice cannot be given verbally. An application must be submitted to Council with the applicable fees.
You can request information from Council as to what past Development Approvals have been granted on the land. This can help to establish whether the existing use of the property is lawful or assist in the lodgement of future applications.
A drainage diagram is a copy of a plan showing the location of Council’s sewer mains in relation to the property boundaries. The diagram is valuable as the sewer main position can impact on the development of the site.
A Building Certificate (if issued) is a formal certificate issued by Council which states that Council will not take action in respect to a building which may include any unauthorised building work, dilapidated structure or building encroachment onto public land.
Council may require certain works to be carried out prior to the issue of the certificate or may refuse to issue a building certificate.
The Building Certificate does not certify that the building complies with the relevant legal requirements, nor is it a status report in respect of the defects or contraventions which may exist in the building. Should this information be required, you are advised to seek the opinion and services of a reputable building inspection organisation.
A Building Certificate is not a mandatory requirement when buying or selling a property but is strongly recommended by Council as it assists to protect the purchaser and lending institution. The inspection may reveal such things as any illegal building works, unauthorised use, structural defects and fire safety issues.
The certificate is only valid in regard to anything that existed at the time of the inspection.
A Swimming Pool Compliance Certificate is a formal certificate issued by Council which states that at the time of inspection the swimming pool complies with the requirements of Part 1 of the Swimming Pools Act 1992 which includes the requirements for swimming pool fencing.
A Health or Building notice is a notification, order, direction or demand issued by Council on a building in relation to health or building matters.
The Local Government Act and Environmental Planning and Assessment Act allows a person to apply to Council to find out if there are any such notification, order, direction or demand outstanding and any action proposed to be taken or that may be taken by Council in relation to any notice.
An on-site sewage management system inspection report is a written report issued by Council following inspection of all existing waste-water treatment, reuse and disposal systems installed within the property. The report details the general condition and adequacy of all sewage management systems at the time of the inspection and includes recommendations for any necessary rectification or remediation works.
An application for the on-site sewage management system inspection report may be made on the Property Enquiry Conveyancing Form available from Council's Offices or the form may be completed and lodged electronically after Downloading the Conveyancing Form (295kb). Charges apply at the time of lodgement.
With the owners consent you can request a copy of approved plans relating to a building on the property.
It is recommended that you first arrange to view the file to select the particular plans or detail required as some detail may be irrelevant to your needs. Plan copying charges apply.
With the owners consent you can apply for a copy of an Occupation Certificate where one has been issued for a building. An Occupation Certificate is a certificate that authorises the occupation and use of a new building or the change of use of an existing building.
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