Section 10.7 planning certificate: what NSW buyers should check

Every NSW contract for the sale of residential land has a council planning certificate attached. It is usually called a 10.7 certificate, after section 10.7 of the Environmental Planning and Assessment Act 1979. Older documents and some agents still call it a section 149 certificate, which was its previous name.

The certificate is your clearest official statement of what the planning rules say about the land. It is also written in dense, standardised language, which is why many buyers skim it. This guide explains how to read it. It is general information, not legal or planning advice.

What the certificate is

The NSW Planning Portal describes the section 10.7 planning certificate as providing information about the development potential of a parcel of land. It is issued by the local council.

There are two types:

• Section 10.7(2) certificate. Shows the zoning of the property, its relevant state, regional and local planning controls, and other constraints such as land contamination, flooding and bushfire-prone land.
• Section 10.7(2) and (5) certificate. Provides the same information plus advice from other authorities and certain information the council holds about the land that is not disclosed in a 10.7(2) certificate.

A 10.7(2) certificate is the minimum attached to a contract. A (2) and (5) certificate gives more, and many buyers' solicitors ask for one, or obtain it themselves.

Why it is in your contract

NSW Fair Trading lists the planning certificate issued by the local council among the documents that must be attached to a contract for residential land. If a required document is missing before the contract is signed, the purchaser may be able to rescind within 14 days of exchange.

How to read it: section by section

Certificates follow a set structure, though the wording varies between councils. The main things to check:

Zoning and land use

• What is the zone? Residential zones such as R2 Low Density Residential or R3 Medium Density Residential set what can be built.
• What is permitted with consent, and what is prohibited? If you want a dual occupancy, home business or secondary dwelling, check it is permitted.
• Which local environmental plan applies, and are there any draft plans that would change the zone?

Development standards

• Minimum lot sizes for subdivision.
• Whether complying development can be carried out on the land under the state codes. Some constraints exclude complying development, which means a full development application.

Heritage

• Is the property a heritage item, or in a heritage conservation area? This affects what you can demolish, alter or add.

Hazards

• Flooding. Whether flood-related development controls apply.
• Bushfire. Whether the land is bushfire-prone. This affects construction standards and costs.
• Contamination. Whether council has information about contamination or a site audit.
• Mine subsidence, coastal hazards, acid sulfate soils where relevant.

Roads and acquisition

• Whether any part of the land is affected by a proposal to acquire it for roads or other public purposes.

Other matters

• Tree preservation controls, bush fire or biodiversity matters, and notices about loose-fill asbestos insulation where council has recorded them.
• In a (2) and (5) certificate: additional advice, such as outstanding orders or council information not otherwise disclosed.

Common issues to raise

• The date. A certificate dated many months before the sale may not show a recent change. Ask your conveyancer whether a fresh one is needed.
• The wrong type. Only a 10.7(2) certificate is attached and you want the extra council information.
• A zone that does not suit your plans. For example, you plan a granny flat and complying development is excluded.
• Flood or bushfire flags. These can affect insurance premiums and building costs. Check with an insurer before you commit.
• Road widening or acquisition. Rare, but significant.
• Heritage conservation area. Fine for many buyers, a problem for those planning a knock-down rebuild.

What the certificate does not tell you

A 10.7 certificate is about planning controls, not the building. It does not tell you whether existing structures were approved, whether there are defects, or whether a neighbour has lodged a development application next door. For approvals of existing buildings, your conveyancer can search council records. For building condition, get a pre-purchase inspection.

It is also a snapshot. Planning maps on the NSW Planning Portal are updated as instruments change, so it is worth checking the current position.

How to get one

Buyers usually rely on the certificate attached to the contract. Your conveyancer can order a new one. The Planning Portal offers an online service to apply to councils for a 10.7 certificate, in council areas that have adopted it. Service NSW also lists an online application.

How SignSure helps

SignSure reads the 10.7 certificate in your contract, extracts the zone, overlays and hazard flags, and checks the zoning against the NSW planning map, marking each check as confirmed, failed or not available with its source. It flags whether the certificate is a (2) or (2) and (5), and its date. It is not planning or legal advice.

Upload your NSW contract for a free reading

Related: What to look for in a contract of sale in NSW · Drainage diagram NSW · Easement on title

Frequently asked questions

What is a 10.7 certificate?

A planning certificate issued by a NSW council under section 10.7 of the Environmental Planning and Assessment Act 1979. It shows the zoning, planning controls and constraints such as contamination, flooding and bushfire-prone land. It was previously called a section 149 certificate.

What is the difference between a 10.7(2) and a 10.7(5) certificate?

A 10.7(2) certificate shows zoning, planning controls and property constraints. A 10.7(2) and (5) certificate includes the same information plus advice from other authorities and certain council-held information not disclosed in a 10.7(2) certificate.

Does a NSW contract have to include a planning certificate?

Yes. The council planning certificate is one of the documents that must be attached to a contract for the sale of residential land in NSW.

Does the 10.7 certificate show whether the house was approved?

No. It covers planning controls for the land, not approvals or the condition of existing buildings. Ask your conveyancer about council approval searches and get a building inspection.

How do I get a 10.7 certificate?

Through the council, often via the NSW Planning Portal's online service where the council has adopted it, or through Service NSW's online application. Your conveyancer can arrange it.

Sources

• NSW Planning Portal, Online Section 10.7 Planning Certificate Service: https://www.planningportal.nsw.gov.au/development-and-assessment/post-consent-certificates/online-section-107-planning-certificate-service
• Service NSW, Apply online for a planning certificate: https://www.service.nsw.gov.au/transaction/apply-online-for-a-planning-certificate
• NSW Government (NSW Fair Trading), Sales contracts – requirements for property agents: https://www.nsw.gov.au/housing-and-construction/property-professionals/working-as-an-agent/sales-contracts
• Environmental Planning and Assessment Act 1979 (NSW): https://legislation.nsw.gov.au/view/html/inforce/current/act-1979-203

General information only, not legal advice. Last reviewed 18 October 2026.