A Section 10.7 Planning Certificate is the official statement from council about what planning controls affect a property. It's named after Section 10.7 of the Environmental Planning and Assessment Act 1979.
If you're buying property or planning development in NSW, this certificate is essential. It tells you what the council officially knows about the land.
Two Types of Certificate
There are two levels of Section 10.7 certificate:
Section 10.7(2) Certificate
The standard certificate covering "prescribed matters" set out in the regulations. This includes:
- Zoning
- Permitted and prohibited land uses
- Heritage listing
- FSR and height limits
- Minimum lot size
- Acid sulfate soils
- Land reservation for public purposes
- Biodiversity and coastal protection
Cost: Typically $50-80
Section 10.7(5) Certificate
Everything in the 10.7(2) plus "additional information" that council holds about the property. This may include:
- Flood studies and flood affectation
- Bushfire prone land mapping
- Contamination records
- Road widening proposals
- Draft planning proposals
- Council policies affecting development
- Known site constraints
Cost: Typically $150-250
💡 Which one do you need?
For due diligence when buying, get the 10.7(5). The extra cost is minor compared to the risk of missing critical information like flood affectation or contamination. For a quick zoning check, 10.7(2) may suffice.
What the Certificate Tells You
Zoning
The certificate states your property's zone under the Local Environmental Plan (e.g., R2 Low Density Residential). The zone determines what types of development are permitted.
Permitted Uses
Each zone has a land use table showing what's permitted without consent, permitted with consent, and prohibited. The certificate references these controls.
Development Standards
Key standards like FSR, height limits, and minimum lot sizes are stated on the certificate.
Heritage
The certificate will disclose if the property is:
- A heritage item (individually listed)
- In a Heritage Conservation Area
- Near a heritage item (which may affect development)
Constraints and Hazards
The 10.7(5) reveals constraints like:
- Flood prone land – Affects what you can build and where
- Bushfire prone land – Triggers BAL assessment requirements
- Contamination – May require remediation before development
- Acid sulfate soils – Requires management plan for excavation
What It Doesn't Tell You
The 10.7 certificate has limitations. It typically won't tell you about:
- Easements and covenants – These are on your title, not the planning certificate. Check the 88B instrument.
- Building condition – It's a planning document, not a building inspection
- Services availability – Sewer, water, power connections
- Detailed DCP controls – Setbacks, landscaping, design guidelines are in the DCP
- Strata information – By-laws, levies, sinking fund
⚠️ The certificate is a snapshot
A 10.7 certificate reflects the planning controls at the time it was issued. Zones and controls can change. If you're relying on an old certificate, consider getting an updated one.
How to Get One
You can order a Section 10.7 certificate through:
- NSW Planning Portal – Online ordering for most councils
- Council directly – Some councils have their own ordering systems
- Information brokers – Services like InfoTrack, GlobalX
- Your conveyancer – Usually ordered as part of property purchase
Turnaround: Usually 1-5 business days, depending on council.
Reading the Certificate
Planning certificates can be dense and legalistic. Key things to look for:
- Property details – Confirm it's the right property (lot/DP)
- Zoning – Check it matches what you expect
- Heritage – Any heritage listings or conservation areas
- Development standards – FSR, height, lot size
- Hazards – Flood, bushfire, contamination (especially in 10.7(5))
- Reservations – Any land reserved for roads, parks, etc.
If anything is unclear, a town planner can help interpret the certificate and explain what it means for your plans.
Why It Matters for Development
The 10.7 certificate is crucial for development because it reveals:
- What's possible – Zoning and standards determine your options
- CDC eligibility – Heritage, flood, bushfire can exclude complying development
- Hidden constraints – Flood or contamination may add significant costs
- Future changes – Draft planning proposals that might affect value
Never buy a development site or commit to a project without checking the 10.7 certificate first.